Clovis City Council
September 15, 2025

Electrical components installed in exposed areas shall be mounted in a manner that will not allow moisture to accumulate inside.

A service loop shall be provided behind all electrical appliances to allow them to be pulled away from their mounting area for inspection and service work
Upon completion of the vehicle and prior to delivery, the apparatus shall be electrically tested and the electrical testing, certifications, and test results shall be submitted with delivery documentation per the requirements of NFPA.

ELECTRICAL WIRING HARNESS
The electrical system shall be divided into separate harnesses. The individual harnesses shall be connected with Deutsch type quick connectors.

CUSTOM FABRICATED CONSOLE
A custom fabricated electrical console and enclosure shall be located between the driver's and the officer's seating positions. The console shall feature a single row of havis style plates on a bolted down lid.

CONSOLE MAP BOX
There shall be a map box attached to the rear of the console. The map box shall be painted to match the console.

The specified compartment(s) shall be coated with Black/Black colored Multi-Spec paint. 12 VOLT POWER SOURCE
There shall be one (1) 12 volt plug-in utility power connection(s) rated at 20 amps provided and installed in the cab console.

The specified power source shall be wired to the switched battery circuit.

USB CHARGING PORT
Three (3) USB charging port(s) shall be installed in the cab of the truck for the fire departments accessory devices. The USB charging port shall have two (2) USB connections and one USB-C connection.

The specified power source shall be wired to the switched battery circuit.

CUP HOLDER
The console shall have two (2) cup holders installed. Exact location to be determined at the preconstruction meeting.

EMERGENCY MASTER SWITCH
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An emergency master switch shall be located conveniently near the driver.

BATTERY CHARGER/ INVERTER
A Xantrex Freedom XC Pro 2000, model #818-2010, automatic battery charger and 2000 watt inverter with remote display model# 0808-0817-01 shall be provided. The battery charger shall be wired to the 12 volt battery system. The unit shall be mounted in a clean, dry area accessible for service and/or maintenance. 120 VOLT SHORE POWER RECEPTACLE
A Kussmaul model 091-55-20-120-BW amp "Super Auto-Eject" shore power receptacle shall be provided with hinged weatherproof cover and an enclosure for protection from road dirt and damage. The shore power plug shall be "ejected" when the chassis's engine starter is engaged and the receptacle shall be wired to any 120 volt equipment requiring shore power.

The specified auto eject cover shall be red.

GFCI OUTLET
There shall be one (1) GFCI outlet Kussmaul model# 808-9817 provided and remote mounted for the inverter.

IDENTIFICATION LIGHTS
All LED identification lights shall be installed on the vehicle as required by applicable highway regulations.

LICENSE PLATE MOUNTING AND LIGHT
A predrilled backing plate and LED light shall be installed on the rear for mounting of the license plate.

STOP AND TAIL LIGHT
Two (2) Tomar Model # R46L-STT 4" x 6" LED stop and tail lights with clear lenses shall be provided and installed on the apparatus. The light can be used in combination with a separated turn signal, or alone as a Brake, tail, and turn light.

TURN SIGNALS
Two (2) Tomar model# R46L-TURN 4" x 6" LED turn signal lights with clear lenses shall be provided and installed on the apparatus.

TAILLIGHT BEZELS
Two (2) Tomar Chrome plastic housings Model #R46-BZ3 shall be installed at the rear of the apparatus for Three (3) Tomar 4" x 6" stop-tail-turn-backup and warning lights.

ZONE C -- LOWER REAR BODY WARNING LIGHTS
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Two (2) Tomar Revolution series 4" x 6" dual mode light(s) shall be supplied and installed on the apparatus.

The light shall feature red LEDs for the warning light function and white LEDs for the scene light function, with a clear lens.

NO--Cab Interior Lighting

MAP LIGHT
One (1) Havis Shields #C-MAP-T-LED 12" LED map light, 12 volt, with a gooseneck arm an on-off switch located on the base of the light shall be installed.

FRONT BUMPER -- GROUND LIGHTS
There shall be two (2) Tecniq E10, LED ground light(s) installed under the front bumper.

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

CAB GROUND LIGHTS
There shall be four (4) Tecniq E10, LED ground lights installed under the cab door(s).

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

GROUND LIGHTS - UNDER REAR SIDE COMPARTMENT
There shall be one (1) Tecniq E10, LED ground lights installed under the rear side body compartment(s).

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

GROUND LIGHTS - UNDER REAR STEP
There shall be two (2) Tecniq E10, LED ground lights installed under the rear step area.

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

The ground lights shall be activated when the Ground Lights button on the cab center console is pressed.

REAR BUMPER LIGHTING
There shall be two (2) Whelen 0S series part# 0AC0EDCR 45 degree angled light(s) installed to adequately illuminate the rear bumper step area.
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The specified lights shall activate any time the body ground lights are activated.

SCENE LIGHTING
There shall be a total of 4 (four) scene lights provded and installed on the apparatus, they shall be located at the following locations.

Located at the front of the body one on the drivers side and one on the passenger side above the side compartments.

On the back of the truck, one on each tail panel below the suction storage.

SCENE LIGHTING
There shall be four (4) Federal Signal Fire Ray 6x4 scene lights installed on the appratus.

The specified light(s) shall include a Chrome bezel.

DOOR OPEN WARNING LIGHT
A door open warning light shall be installed on cab dash. The light shall be a flashing LED light with a red lens.

The light shall include a label, “Do Not Move Apparatus When Light is ON”. "DOOR OPEN" AND EQUIPMENT OPERATION ALARM
A buzzer or alarm shall be installed in cab to indicate "doors open" or equipment operation on the apparatus.

The buzzer shall operate when parking brake is released.

RADIO PRE-WIRE
There shall be a radio pre-wire provided in the cab center console. The prewire shall consist of a battery hot, battery switched, and a ground source.

RADIO CHARGER
One (1) 12 volt radio charger shall be supplied by the purchaser and installed on the apparatus.

RADIO ANTENNA INSTALLATION
There shall be two (2) radio antenna installed on the apparatus and routed to the cab center console.

INSTALLATION - MDT ANTENNA(S)
There shall be one (1) MDT antenna(s) supplied by the purchaser and installed on the apparatus at a location to be determined by engineering and approved by purchaser prior to installation. 150
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BACK UP ALARM
One (1) solid state back up alarm shall be provided at the rear of the apparatus. The back up alarm shall be wired to the reverse circuit of the transmission, and shall provide an audible alarm to the rear of the apparatus when reverse gear is selected. The alarm shall have a volume of 87 to 112 db while in operation.

CHASSIS SUPPLIED BACK UP CAMERA INSTALLATION
The chassis shall be ordered with a back up camera. The camera shall be installed by the apparatus manufacturer. The exact location shall be determined at the pre-construction conference.

HEADLIGHT FLASHER
The headlights shall be set to alternate flash (Wig-Wag).

The wig wag shall be triggered by the siren controller slide switch position 3.

ELECTRONIC SIREN
A Whelen CenCom Core C399 electric siren and lighting control module shall be installed.

WHELEN CORE CONTROL HEAD
There shall be a Whelen model CCTL6 control head supplied with the Cencom Core system. It features a 3 section control head, with 8 push buttons, 4- position slide switch with a 7 position rotary knob. A manual siren and air horn button, and 3 traffic advisor control buttons.

WHELEN CORE WECANX TRAFFIC ADVISOR MODULE
There shall be a Whelen model CTA Traffic Advisor module interfaced with the Cencom Core system.

SIREN SPEAKER
One (1) Whelen Model #SA315P siren speaker shall be provided. The 100 watt siren speaker shall be designed in a black nylon composite housing with 123 decibel rating.

LIGHTBAR
There shall be a Federal Signal Allegiant 53" lightbar provided and installed. The lightbar shall contain 6 forward facing red LEDs, 4 corner red LEDs, with 2 forward facing and two side facing left and right red/white LEDs. The top dome color of the lightbar shall be clear and feature a permanent foot style mount.

ZONE A -- LOWER FRONT WARNING LIGHTS
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Two (2) Federal signal MicroPulse Ultra 6 lightheads shall be provided and installed. The lightheads shall have red and white LEDs with a clear lens and feature 6 LED modules, with the colors split 50/50 left and right.

The specified light(s) shall include a black bezel.

ZONE B AND D -- FRONT INTERSECTION WARNING LIGHTS
Two (2) Federal signal MicroPulse Ultra 6 lightheads shall be provided and installed on the apparatus. The lightheads shall have red and white LEDs with a clear lens and feature 6 LED modules, with the colors split 50/50 left and right.

The specified light(s) shall include a black bezel.

ZONE B AND D -- LOWER MID BODY WARNING LIGHTS
Two (2) Federal signal MicroPulse Ultra 6 lightheads shall be provided and installed on the apparatus. The lightheads shall have red and white LEDs with a clear lens and feature 6 LED modules, with the colors split 50/50 left and right.

The specified light(s) shall include a black bezel.

ZONE B AND D -- UPPER SIDE FRONT WARNING LIGHTS
Two (2) Federal signal Fire Ray 6" x 4" lightheads shall provided and installed on the apparatus. The lightheads shall have red and white LEDs with a clear lens.

The specified light(s) shall include a Chrome bezel.

ZONE B AND D -- UPPER SIDE REAR WARNING LIGHTS
Two (2) Federal signal Fire Ray 6" x 4" lightheads shall be provided and installed on the apparatus. The lightheads shall have red and white LEDs with a clear lens.

The specified light(s) shall include a Chrome bezel.

ZONE C -- UPPER REAR WARNING LIGHTS
Two (2) Federal signal Fire Ray 6" x 4" lightheads shall be provided and installed on the apparatus. The lightheads shall have red LEDs with a clear lens.

The specified light(s) shall include a Chrome bezel.

TRAFFIC ADVISOR
There shall be a Federal Signal CN series traffic advisor installed on the apparatus. The light head shall contain 8 amber and white LED modules.
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FRONT MOUNTED ELECTRIC WINCH
A Warn Winch Company 16,500 pound capacity, 12-volt electric winch system shall be installed on the front of the apparatus. It shall have forward and reverse gears, a three stage planetary gearing and a sliding ring gear clutch that will permit free-spooling for quick unwinding of cable.

The winch shall be controlled with a push button device attached to a twelve foot (12') control cable and weatherproof receptacle. The winch shall include 90' of 7/16" steel cable.

REAR RECEIVER HITCH
One (1) Class 5 type trailer hitch, rated at approximately 10,000 lbs. shall be installed on the rear of the apparatus attached to the frame assembly.

WARNING LABEL -- ROPE TIE DOWNS
A warning label for rope tie downs shall be located visible near each rope anchor. The label shall comply with FAMA28 standards.

The label shall read, "Anchor failure hazard.
· Straight pull only
· Do not exceed **** lbs
· Do no lift on anchor
Flying parts and shipping ropes may injure or kill"

TRAILER HITCH POWER PLUG
Wiring shall be provided at the rear of the apparatus for the towing of an auxiliary trailer. A 12 volt seven (7) pin electrical connector shall be wired to the chassis stop, running, and turn lights.

PAINT CODES/COLORS
The apparatus shall be painted the following color(s).

BODY PAINTING SPECIFICATIONS
All exposed surfaces shall be prepared and painted using a multi-step process to ensure a blemish-free, protective coating for the base metal materials.

All removable items, such as brackets and compartment doors, shall be removed and painted separately to insure finish paint behind them after they are reinstalled.

Due to its modular design, the apparatus body shall be completely finish painted prior to its installation on the chassis.
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The body shall be sanded, and cleaned. Any imperfections or defects in the metal shall be corrected with premium body filler and then sanded smooth.

An epoxy primer shall be utilized on all painted and coated surfaces and shall prepare the metal for the final paint. The direct-to-metal primer shall be used to create a first level seal allowing secure adhesion between the base metal and the subsequent substrates.

All body and components shall then be primed, thoroughly sanded, and meticulously inspected for any imperfections; which shall be properly corrected..

All surfaces shall then be painted with a base coat of premium paint following the guidelines as established by the paint manufacturer. The body shall be painted using a single color to match the cab primary color, and then shall be buffed to a high gloss finish.

INTERIOR COMPARTMENT FINISH
The interior wall, floor and ceiling surfaces of compartments shall be finished with Rust-Oleum brand Multispec color flecked paint.

The specified compartment(s) shall be coated with Gray Stone colored Multi-Spec paint.

TOUCH-UP PAINT
Touch-up paint shall be furnished with the completed truck at final delivery.

VALVE PAINTING
All exposed valves shall be painted to match the color of the exterior body.

SILVER STRIPING PACKAGE
Examples of graphics that can be covered under this package:
· Custom reflective stripe and partial rear chevron
· Custom reflective stripe, small area rear chevron or front bumper, (2) door shields, (2) large lettering, (2) medium lettering, (5) identifiers.
· Single straight reflective stripe, full rear chevron, (2) door shields, and (2) large lettering · Single straight reflective stripe, small area rear chevron, front bumper chevron, (2) door shields, (2) large lettering, (2) medium lettering, (5) identifiers, and (2) large graphics

SUCTION HOSE
There shall be NO suction hose supplied on the apparatus.

WHEEL CHOCKS
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Two (2) Zico Model AC-1, aluminum wheel chocks shall be provided on the apparatus. 5# DRY CHEMICAL FIRE EXTINGUISHER
One (1) 5# ABC dry chemical fire extinguisher and mounting bracket shall be provided on the apparatus. The extinguisher shall have a pressure gauge and shall be filled with a dry chemical extinguishing agent.

HYDRAULIC JACK
One (1) hydraulic jack shall be provided. The jack shall be designed for lifting capacity of twelve (12) tons.

LUG WRENCH
There shall be one (1) lug wrench provided and shipped loose with the completed apparatus.

REFLECTOR
A set of three (3) triangular reflectors shall be provided. 155
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PRODUCT

WARRANTIES
Exhibit “C”
4 156
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342

GENERAL WARRANTY PROVISIONS
All materials and workmanship herein specified, including all equipment furnished, shall be guaranteed for a period of one (1) year after the acceptance date of the apparatus, unless otherwise noted, with the exception of any normal maintenance services or adjustments which shall be required. Under this warranty, BME Fire Trucks, LLC. shall be responsible for the costs of repairs to the apparatus that have been caused by defective workmanship or materials during this period.

This warranty shall not apply to the following:

Any component parts or trade accessories such as chassis, engines, tires, pumps, valves, signaling devices, batteries, electric lights, bulbs, alternators, and all other installed equipment and accessories, in as much as they are usually warranted separately by their respective manufacturers, or are subject to normal wear and tear.

Failures resulting from the apparatus being operated in a manner or for a purpose not recommended by the apparatus manufacturer.

Loss of time or use of the apparatus, inconvenience, or other incidental expenses.

Any apparatus which has been repaired or altered outside of the apparatus manufacturer's factory in any way that affects its stability, or which has been subject to misuse, negligence, or accident.

Delivery of the apparatus to repair site.

DISCLAIMER
No warranties are given beyond those described herein. This warranty is in lieu of all other warranties, expressed or implied. The company specifically disclaims warranties of merchantability and fitness for a particular purpose, all other representations to the user/purchaser and all other obligations or liabilities. Further, the company excludes liability for consequential and incidental damages, on the part of the company or seller.No person is 157
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made or assumed in writing by the seller; and no other person is authorized to give any warranties s made or assumed in writing by the seller.

OBTAINING SERVICE
Return the vehicle to any BME Fire Trucks, LLC. dealer/authorized service center; Return the vehicle to BME Fire Trucks, LLC. or contact BME Fire Trucks, LLC. BME Fire Trucks, LLC. shall be solely responsible for determining the extent of repair under the terms of the warranty.

Transportation costs shall be the responsibility of the purchaser.

BODY AND STRUCTURAL WARRANTY
BME Fire Trucks, LLC. shall warrant each new apparatus body, if used in a normal and reasonable manner, against structural defects caused by defects in material, design or workmanship for a period of ten (10) years, covering parts & labor to the original purchaser which shall start on day of acceptance.

This warranty shall not apply to:

Normal maintenance services or adjustments
To any vehicle which will have been repaired or altered outside of our factory in any way so as, in the judgment of BME Fire Trucks, LLC., to affect its stability, nor which has been subject to misuse, negligence, or accident, nor to any vehicle made by us which will have been operated to a speed exceeding the factory rated speed, or loaded beyond the factory rated load capacity.

Commercial chassis and associated equipment furnished with chassis, signaling devices, generators, batteries, or other trade accessories as they are usually warranted separately by their respective manufacturers.

Shipping costs of parts or apparatus for purposes of repair or replacement of parts. This warranty is in lieu of all other warranties, expressed or implied. All other representations as to the original purchaser and all other obligations or liabilities, including for incidental or consequential damage on the company's behalf unless made in writing by the company. 158
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PLUMBING WARRANTY
The stainless-steel fire pump plumbing shall carry a ten (10) year parts and labor warranty against defects in workmanship and perforation corrosion.

PAINT WARRANTY
BME Fire Trucks, LLC. shall provide a pro-rated limited paint warranty which shall cover peeling and/or de-lamination of the topcoat and other layers of paint, cracking or checking, loss of gloss caused by cracking, checking or chalking, and any paint failure caused by defective paint materials Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100%
73-96 months 50%
97-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle’s interior is warranted only under the BME Fire Trucks LLC Basic One Year Limited Warranty.

LETTERING AND STRIPING WARRANTY
The manufacturer shall provide a three (3) year lettering and striping warranty. The provisions of this warranty shall be detailed in the completed apparatus documentation. 159
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WARRANTY REGISTRATION
This form has been provided for you to register your new fire apparatus in the BME Fire Trucks Warranty Program. (This does not constitute acceptance of your Fire Apparatus per Specifications or Contract requirements.) Please complete the information below and mail this form back to BME.

The warranty period begins thirty (30) calendar days after delivery unless otherwise noted.

Department Name: ______________________________________________________________________ Address: _______________________________________________________________________________ Dept. Contact Name: ____________________________________________________________________ Title: ________________________________________ Phone Number: ___________________________ Apparatus Description:

Serial #: _____________________________________________ Delivery Date: ___________________ Chassis Mfg: __________________________________________________________________________ Chassis Serial #: _______________________________________________________________________ Pump Mfg: _______________________________________ Pump Serial #: _______________________ Engine Mfg: ______________________________________ Engine Serial #: ______________________ Tank Mfg: _________________________________________ Tank Serial #: _______________________ Foam System Mfg: _______ _________________________ Foam System Serial #: ________________ Name & Model: ____________________________________ Mfg & Serial #: ______________________ Other Components (list each):

Date: ______________________
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DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
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1 PROPOSAL INTRDUCTION
With over three decades of industry expertise, Golden State Fire Apparatus, Inc. (GSFA) proudly stands as the premier authorized dealership for top-tier fire apparatus in Central and Northern California. Our steadfast commitment to detail and customer satisfaction has earned us a trusted reputation among first responders.

We sincerely appreciate the opportunity to present this comprehensive proposal for TWO (2) BME FIRE TRUCKS, LLC. FORD F550 “PONDEROSA” TYPE 6 ENGINES. Your consideration of this proposal is greatly valued, and we are eager for the opportunity to support your department with the highest level of excellence and professionalism.

DEALER-SUPPLIED PRODUCTS AND SERVICES
Golden State Fire Apparatus Inc. (GSFA) will furnish the following items and/or services before final delivery so that all necessary components and support are in place, contributing to an efficient final delivery process. Please refer to the detailed list below for a comprehensive overview of the products and/or services included:

AUTHORIZED MANUFACTURER
In accordance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." The manufacturer, as of the proposal submission, holds a valid license in compliance with this requirement and is prepared to furnish a copy upon request. This adherence to regulatory standards ensures that the manufacturer maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED DEALERSHIP
In compliance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "a dealer in vehicles of a type subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." Golden State Fire Apparatus, Inc. possesses a valid license at the time of the bid, as detailed above, and can promptly provide a copy upon request. This adherence to regulatory standards ensures that the dealership maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED SALES REPRESENTATIVE
In accordance with the State of California Vehicle Code, specifically Section 11800, it is expressly prohibited for any individual to function as a vehicle salesperson without obtaining a license issued by the Department of Motor Vehicles (DMV). The representative, at the time of 162
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2 proposal, holds a valid vehicle salesperson's license and is ready to furnish a copy upon request.

This adherence to regulatory standards ensures that the sales representative maintains a current and official status, promoting transparency and compliance with legal requirements throughout the bidding process and subsequent phases.

VEHICLE REGISTRATION
In adherence to the State of California Vehicle Code Section 11739, it is mandated that the "dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer" through the Department of Motor Vehicles (DMV). Being a factory-authorized dealer of the vehicle being sold, Golden State Fire Apparatus, Inc. is duly authorized to register the vehicle with the State of California as a new vehicle manufacturer.

GSFA is committed to facilitating an excellent vehicle ownership experience for the customer.

As such, we will manage all necessary applications and complete all transfer papers, including the application for California Exempt "E" license plates. This approach ensures compliance with regulatory requirements and a hassle-free registration process for our valued customers.

WEEKLY PROGRESS PHOTOGRAPHS
GSFA is committed to ensuring transparency and comprehensive reporting throughout the construction process of the apparatus. To achieve this, GSFA will provide weekly photographs capturing various stages of the apparatus or major components under construction.

Commencing from the initiation of the manufacturing process, the photographic documentation will extend throughout the entire production phase by the manufacturer. These weekly reports will offer a visual representation of the ongoing progress of the appar atus, highlighting key milestones and showcasing unique features and aspects as construction unfolds.

Our focus is to provide customers with a clear and detailed insight into the evolution of the apparatus, fostering a deeper understanding of the craftsmanship and distinct elements incorporated during the construction process. This commitment to regular, visual updates aims to enhance communication and transparency regarding the progress of the apparatus.

CONTINGENCY RESERVE FUND
A Contingency Reserve Fund amounting to $15,000 per unit is incorporated into the quotation to address potential change orders, unforeseen items, or necessary work that may arise during the contract. The utilization of this reserve fund is at the sole discretion of the Customer. It is essential to note that this reserve fund is not an estimate for the aforementioned contingencies, and the actual costs associated with change orders, unforeseen items, or required work may surpass the reserved amount depending on their nature.

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3 Any unused portion of the Contingency Reserve Fund will be credited back on the final invoice.

Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.

PRE-CONSTRUCTION, FACTORY VISIT
A pre-construction trip to the manufacturing facility is included for three (3) Customer representatives. The primary objective of review and finalize, in detail, the specifications prior to the start of production. The pre-construction trip is anticipated to span three (3) days and two (2) nights, with scheduling details collaboratively determined between GSFA and the Customer.

GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Fresno, Sacramento, San Francisco, or San Jose.

It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are non- refundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the pre-construction trip.

NOTE: Only one factory pre-construction trip has been budgeted for the two units proposed.

Consequently, the cost of this trip has been evenly allocated across both units.

FINAL INSPECTION, FACTORY VISIT
A final inspection trip to the manufacturing facility is included for three (3) Customer representatives. The primary objective of this visit is to ensure the adherence of the apparatus to specifications and promptly identify any potential deficiencies. The final inspection trip is anticipated to span three (3) days and two (2) nights, with scheduling details collaboratively determined between GSFA and the Customer.

GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Fresno, Sacramento, San Francisco, or San Jose.

It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are non- 164
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4 refundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the final inspection trip.

NOTE: Only one factory final inspection trip has been budgeted for the two units proposed.

Consequently, the cost of this trip has been evenly allocated across both units.

DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will deliver the apparatus to our Northern California facility located in Sacramento for a comprehensive dealer preparation inspection. This service, conducted at the expense of GSFA, aims to have the apparatus in optimal condition at the time of final delivery.

To ensure the proper break-in of all components while still under warranty, the apparatus will be delivered under its own power. The use of rail or truck freight for transportation is deemed unacceptable in order to uphold the highest standards of quality assurance during the delivery process. This approach not only aligns with warranty considerations but also emphasizes the commitment to delivering a fully operational apparatus to our valued customers.

PRE-DELIVERY SERVICE
Before reaching its final destination, the apparatus undergoes a pre-delivery service conducted by Golden State Emergency Vehicle Service, Inc. This service is designed to tap into the expertise of an external source, providing an experienced perspective that enhances the thoroughness of your final inspection. Our pre-delivery service covers the following areas:

1. Engine Compartment and Undercarriage:
• Inspect for broken mounting brackets.
• Inspect and identify locations of any fluid leaks.
• General inspection of hoses, wiring, and linkage, focusing on potential wear points. • Verify correct fluid capacities for engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear-end fluid, pump transmission oil, and primer oil if applicable.
• Re-torque U-bolts to OEM specifications if equipped with leaf spring suspension (Pierce Custom chassis only).

2. Interior:
• Confirm proper operation of doors, windows, and locks, ensuring accurate adjustment.
• Confirm proper operation of seatbelt alarms.
• Confirm proper operation of all compartment door alarms, as well as hose bed cover, ladder rack, light tower, and deck gun alarms.
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5 • Ensure functionality of auxiliary power points, interior lighting, mirror, and seat controls, and if applicable - headsets and radios.
• Inspect upholstery for quality and condition.

3. Exterior:
• Address reasonable paint scratches or chips.
• Tighten any loose hardware.
• Inspect tires and wheels, ensure proper pressure.
• Check compartment doors for proper operation and latch fit. • Lubricate compartment door locks if applicable.

4. Road Test:
• Conduct a road test with a full water tank (if applicable), covering approximately twenty miles on both city and highway roads.
• Perform a DOT compliant brake test to verify the system is holding air. • Inspect brake condition, wheel seals, and ensure drive train components reach optimal operating temperatures.
• Conduct an Allison Transmission self-diagnostic to verify fluid level, fluid and filter life, and check for fault codes.

5. Electrical:
• Verify the operation of all lights, sirens, and other electrical accessories.

6. Pump:
• Operate the Pressure Governor or Relief Valve, transfer valve, and check pump shift. • Inspect water tank, pump and plumbing for leaks and calibrate the water level gauge.
• Ensure smooth operation of all discharge, suction, and drain valves.

7. Pierce Husky™ Foam System:
• If applicable, draft and inject clean water to ensure proper operation of the foam pump.

8. Fuel and DEF Tanks:
• Fill the fuel tank and DEF tank prior to final delivery.

9. Wash:
• Thoroughly wash the apparatus prior to final delivery.

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AGENDA ITEM NO. 6.
6 This pre-delivery service assists the apparatus to meet our high standards of quality and operational efficiency before reaching its final destination.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will deliver the completed Product, inclusive of any relevant equipment, spare parts, and supplies, to the Customer's specified address at GSFA's expense.

In preparation for the Product's delivery, the Customer is required to furnish GSFA with proof of liability and physical damage insurance. GSFA will withhold the release of the Product until such proof of insurance is provided.

To ensure a timely delivery process, it is incumbent upon the Customer to settle any outstanding balance owed to GSFA before or at the time the Product is completed and ready for delivery. In the event of delayed payment or delivery, GSFA reserves the right to impose a late fee and daily storage charge as outlined in the Standard Terms and Conditions until payment is received.

For compliance with insurance liability considerations, the Product will only be delivered upon full acceptance and full payment, or through a prior written agreement mutually reached between the Customer and GSFA. This ensures a secure and efficient finalization of the delivery process, aligning with both parties' obligations and safeguarding against potential liabilities.

COMPREHENSIVE SALES AND SERVICE SUPPORT
At GSFA, we understand that immediate response is essential - and the service and support of your apparatus should be no different. Since our founding in 1989, our mission has been to provide first responders with the highest quality, most reliable fire and emergency apparatus from top-tier manufacturers. We specialize in guiding our customers through the entire process - from apparatus evaluation and customization to final inspection - and ensuring years of reliable service through our Golden State Emergency Vehicle Service (GSEVS) division.

Golden State Emergency Vehicle Service (GSEVS)
Established in 2014, GSEVS is committed to building long-term, collaborative relationships by providing exceptional warranty and technical support. Our services cover a wide range of needs, including chassis, electrical systems, pump, aerial, routine maintenance, equipment mounting, and pump testing - with priority given to new units sold by GSFA. Our goal is to deliver prompt, professional service and unwavering support for your apparatus.

Sacramento Facility
Our Sacramento location features a 33,814-square-foot facility with 14 working bays and a 4,500- square-foot, two-story parts distribution department. Conveniently located near Highway 99 with easy access to Interstates 80 and 50, we are positioned to serve you efficiently.

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AGENDA ITEM NO. 6.
7 Tracy Facility (Opening Fall 2025)
Our second location in Tracy will expand our service capacity with a 49,634-square-foot facility featuring 21 working bays and a parts department equal in size to our Sacramento facility. Strategically located within the "Tracy Triangle" - bordered by I-580, I-205, and I-5 - this facility will enhance our ability to serve customers in the Bay Area and beyond.

Certified and Experienced Technicians
Our service team includes factory-trained professionals certified by Pierce, ASE, and EVT. They undergo regular training to stay current on chassis, electrical systems, and aerial devices, ensuring expert handling of any challenge. Whether it's routine maintenance or complex diagnostics, you can count on expert care and precision with every visit.

Parts
At Golden State, we’re dedicated to keeping your apparatus fully operational and mission-ready. That’s why we maintain a robust inventory of both Pierce and non-Pierce parts—ready for immediate deployment when you need them most. If a part isn’t in stock, we expedite orders directly from the manufacturer to minimize downtime and get your unit back in service without delay.

To make the process even more efficient, our digital Parts Request Portal offers a streamlined, user- friendly experience. It provides 24/7 access to submit requests, monitor order status, and communicate directly with our team—ensuring transparent updates and quicker turnaround times every step of the way.

Mobile Service
To minimize emergency apparatus downtime, we offer a robust mobile service program for on-site repairs and maintenance.

Pre-Delivery Inspection (PDI) Process
We employ a dedicated team of Pre-Delivery Inspection (PDI) technicians solely focused on ensuring your apparatus arrives in peak condition. Before your new custom unit is delivered, it undergoes a thorough, multi-point inspection to verify quality, performance, and compliance with all specifications.

Our team handles every detail of the acceptance and delivery process—so you can take ownership with complete confidence and peace of mind.

Your Single Source for Sales and Service
With Golden State Fire, you have a single point of contact for sales, service, and support - all under one roof, with two strategically located facilities to serve you better. We are confident that our combination of expertise, customer service, and product support is unmatched by any other fire and emergency apparatus dealership in California.

END OF EXHIBIT “D”

168
AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Fire Department
DATE: September 15, 2025
SUBJECT: Fire – Approval – Res. 25 -___, Confirming Weed Abatement and Rubbish Charges for 2025.

ATTACHMENTS: 1. Res. 25-

2. 2025 Weed Abatement Contractor Charges

3. 2025 Weed Abatement Charges Assessed

4. Authorization Letter

RECOMMENDATION
For the City Council to approve the 2025 weed and rubbish abatement charges and authorize payment of the contractor’s charges.

EXECUTIVE SUMMARY
Initial notices for weed abatement were mailed out to 237 properties in April and May 2025. Of those notices, 28 cases were created, with 11 properties abated by the City of Clovis contractor, Iron Cross Tractor Services. The attachments outline the properties that were cleaned and all associated cleanup costs and administrative fees.

Before the weed abatement charges can be submitted to the Fresno County Recorders’ Office for collection, the charges must be confirmed by the City Council in resolution form.

BACKGROUND
The Weed and Rubbish Abatement program has proven to be an effective tool in reducing fires associated with dead/dry vegetation and maintaining property values throughout Clovis.

The Fire Department incorporates weed and rubbish abatement into its Fire Prevention Bureau, providing opportunities to prevent vegetation fires that can spread and result in significant life or property loss. In addition, abatement is instrumental in reducing calls fo r service, allowing unit availability for higher priority calls. Properties are surveyed and hazards identified for removal, the result of which is a much cleaner, safer environment for our citizens.

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AGENDA ITEM NO. 7.

The weed abatement process started in April 2025 with the first letters being sent to the property owners of large vacant parcels, and final letters mailed in May 2025. Additional notices were mailed to property owners where staff received specific complaints from citizens. These letters were mailed between A pril and August requesting abatement within a specified time frame according to the City’s private contractor for action.

Breakdown of Cleanup:

Properties identified for abatement: 237
Properties cleaned by City Contractor: 11

Following the City of Clovis Municipal Code, two (2) property owners filed appeals for the weed abatement charges. Appeal Hearings have been conducted or have been scheduled. If the fees are withheld and fees are not paid within the allocated time, the property will be include d in the liens filed with the Recorders’ Office.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Before the weed abatement charges can be submitted to the County Assessor for liens to be placed upon the properties, the charges must be confirmed by the City Council in resolution form.

ACTIONS FOLLOWING APPROVAL

1. The Fire Department will process the filing of liens for all property owners that have unpaid assessments through the Fresno County Assessors’ Office.

2. Payments will be processed to Iron Cross Tractor Services for all services rendered for Weed and Rubbish Abatement.

3. A signed authorization from the Fire Chief will be submitted to the Fresno County Assessor’s Office authorizing the names and titles of those persons who can add, remove, or change a weed abatement lien.

CONFLICT OF INTEREST
None.

Prepared by: Chad Fitzgerald, Life Safety Enforcement Manager

Reviewed by: City Manager AH

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AGENDA ITEM NO. 7.

ATTACHMENT 1
RESOLUTION 25-__

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

COST OF WEED AND RUBBISH ABATEMENT AND PROVIDING FOR COLLECTION

WHEREAS, the Council by ordinance, adopted Article 102 of Chapter 27 of Title 5 of the Clovis Municipal Code, declaring as a public nuisance, weeds and rubbish upon public or private property in the City; and

WHEREAS, the Fire Chief has caused the removal of weeds and rubbish and abated nuisance declared by said Article 102 of Chapter 27 of Title 5 of said Municipal Code; and

WHEREAS, the Fire Chief has kept an itemized account of the work done in the removal of such weeds and rubbish and has prepared a report thereon and submitted the same to this Council for confirmation; and

WHEREAS, the Council has set September 15, 2025, at the hour of 6:00 o’clock p.m., at the Council Chambers, Clovis, California, as the time and place when this Council would receive and consider the said report and make and confirm assessments against each parcel of land subject to assessment to pay the cost of each abatement.

NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis:

a. The itemized report of the cost of remove of weeds and rubbish submitted to this Council by the Fire Chief pursuant to Article 103 of Chapter 28 of Title 5 of the Clovis Municipal Code is confirmed and approved.

b. The cost of abatement for each parcel of real property subject to assessment to pay the cost of removal of weeds and rubbish as listed under “Weed Abatement Assessments”.

c. The cost of such abatement for each such parcel of real property as shown under “Weed Abatement Assessments” constitutes a special assessment against the parcel and is a lien on the parcel.

d. The Fire Department is directed to transmit a notarized copy of this resolution to the Fresno County Recorder to file liens upon the applicable properties.

* * * * *

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AGENDA ITEM NO. 7.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 7.

Case # APN Contractors
Cost Admin. Cost
Total Cost
Payable to City
of Clovis

OWNER OWNER ADDRESS
25-00464 491-340-43 $1,675.00 $300.00 $1,975.00 MK FAMILY INVESTMENTS LLC 3883 RENO, Clovis, CA 93619
25-00463 491-320-09 $725.00 $300.00 $1,025.00 NGUYEN TRUONG & CHRISTINE A TRUSTEES,

NGUYEN XUAN MAI
82 SUNOL ST,
SAN JOSE, CA 95126
25-00536 498-291-18 $1,600.00 $300.00 $1,900.00 ROSENE BRIAN PO BOX 374, BELLEVILLE, KS 66935
25-00475 550-020-18 $2,187.50 $300.00 $2,487.50 DNBS LLC 1301 Solana Blvd #2125, Westlake, TX 76262
25-00511 558-033-31 $1,850.00 $300.00 $2,150.00 BOWEN ERIK, BOWEN DANIEL 4664 S CEDAR AVE, FRESNO, CA 93725
25-00509 558-033-23 $1,850.00 $300.00 $2,150.00 BOWEN ERIK, BOWEN DANIEL 4664 S CEDAR AVE, FRESNO, CA 93725
25-00488 430-500-55 $2,475.00 $300.00 $2,775.00 JASON JB MOYES , MELINDA A MOYES 704 Melinda Dr, PORTERVILLE, CA 93257
25-00507 563-131-29 $4,150.00 $300.00 $4,450.00 FAT DAWGS 7 BROADCASTING LLC, WILLIAMS

CHARLES P TRUSTEE
5528 N Palm #121,
FRESNO, CA 93704
25-00467 559-021-64 $1,675.00 $300.00 $1,975.00 SHARMA ROBERT WILSON 40 N CEASAR, CLOVIS, CA 93612
25-00466 559-021-06 $1,075.00 $300.00 $1,375.00 HERREJON JAVIER L & IRMA 1662 E TEAGUE, CLOVIS, CA 93619 Disputed Fees
25-00530 552-211-27 $2,075.00 $300.00 $2,375.00 CARLSON DARRIN & DEBRA PO BOX 251 CAYUCOS, CA 93430 Disputed Fees
$21,337.50 $3,300.00 $24,637.50
CITY OF CLOVIS 2025 WEED ABATEMENT ASSESSMENTS
Grand Total Cost
ATTACHMENT 2
173
AGENDA ITEM NO. 7.

Case # APN AMOUNT TAX CODE OWNER OWNER ADDRESS
25-00464 491-340-43 $1,975.00 6905 MK FAMILY INVESTMENTS LLC 3883 RENO, Clovis, CA 93619
25-00463 491-320-09 $1,025.00 6905 NGUYEN TRUONG & CHRISTINE A TRUSTEES,

NGUYEN XUAN MAI
82 SUNOL ST,
SAN JOSE, CA 95126
25-00536 498-291-18 $1,900.00 6905 ROSENE BRIAN PO BOX 374, BELLEVILLE, KS 66935
25-00475 550-020-18 $2,487.50 6905 DNBS LLC 1301 Solana Blvd #2125, Westlake, TX 76262
25-00511 558-033-31 $2,150.00 6905 BOWEN ERIK, BOWEN DANIEL 4664 S CEDAR AVE, FRESNO, CA 93725
25-00509 558-033-23 $2,150.00 6905 BOWEN ERIK, BOWEN DANIEL 4664 S CEDAR AVE, FRESNO, CA 93725
25-00488 430-500-55 $2,775.00 6905 JASON JB MOYES , MELINDA A MOYES 704 Melinda Dr, PORTERVILLE, CA 93257
25-00507 563-131-29 $4,450.00 6905 FAT DAWGS 7 BROADCASTING LLC, WILLIAMS

CHARLES P TRUSTEE
5528 N Palm #121,
FRESNO, CA 93704
25-00467 559-021-64 $1,975.00 6905 SHARMA ROBERT WILSON 40 N CEASAR, CLOVIS, CA 93612
25-00466 559-021-06 $1,375.00 6905 HERREJON JAVIER L & IRMA 1662 E TEAGUE, CLOVIS, CA 93619 Disputed Fees
25-00530 552-211-27 $2,375.00 6905 CARLSON DARRIN & DEBRA PO BOX 251 CAYUCOS, CA 93430 Disputed Fees
Total Fees: $24,637.50
CITY OF CLOVIS 2025 WEED ABATEMENT ASSESSMENTS
ATTACHMENT 3
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AGENDA ITEM NO. 7.

CITY OF CLOVIS

FIRE DEPARTMENT
1233 Fifth Street, Clovis, CA 93612 · (559) 324-2200

September 15, 2025

Fresno County Auditor Controller
Attn: Oscar J. Garcia, CPA

Dear Auditor-Controller:

Please accept all instructions for adding, changing, and deleting Special Assessments on behalf of the City of Clovis Fire Department from the following individuals:

1. Andy Haussler, City Manager

2. Chris Ekk, Fire Chief

3. Jay Schengel, Finance Director

4. Chad Fitzgerald, Life Safety Enforcement Manager

5. Katie Krahn, Sr. Management Analyst

This shall remain in effect through August 31, 2026, unless notified differently. If you should have any questions, please contact Chad Fitzgerald, Life Safety/Enforcement Manager at 559 -324- 2218.

Sincerely,

Chris Ekk, Fire Chief

ATTACHMENT 4
175
AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 15, 2025
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 23-02, Herndon Avenue Street Improvements, with the final contract cost of $1,435,781.86.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to accept the work performed as complete and authorize the recording of the notice of completion for this project.

EXECUTIVE SUMMARY
The project included street improvements on Herndon Avenue, from Fowler Avenue to Armstrong Avenue. Construction included full street reconstruction, grinding, asphalt concrete paving, ADA concrete improvements, adjustment of existing manholes, water valv es, utility boxes, and vaults to finish grade, installation of traffic markings and signs to current Manual on Uniform Traffic Control Devices (MUTCD) standards.

BACKGROUND
Bids were received on March 18, 2025, and the project was awarded by the City Coun cil to the lowest responsible bidder, Dave Christian Construction Co., Inc., on April 7, 2025. The project was completed in accordance with the construction documents, and the contractor has submitted a request for acceptance of the project.

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AGENDA ITEM NO. 8.

FISCAL IMPACT
This project was budgeted in the 2024 -2025 Community Investment Program. The project is supported by Surface Transportation Block Grant Program (STBG) through the City Community Investment Program.

1. Award $1,670,078.00

2. Cost increases/decreases resulting from differences ($302,255.62) between estimated quantities used for award and
actual quantities installed.

3. Contract Change Orders

CCO 1 R&R four pull boxes at Fowler $3,100.00 CCO 2 Cost credit for monuments ($10,000.00)
CCO 3 Repair saturated area $51,500.48
CCO 4 Balancing Change order $26,709.00
CCO 5 Repair saturated area $1,650.00
CCO 6 Deduction for sub-contract work ($5,000.00)

___________
Final Contract Cost $1,435,781.86

REASON FOR RECOMMENDATION
The Public Utilities Department, the City Engineer, the Engineering Inspector, and the Project Engineer agree that the work performed by the contractor is in accordance with the project plans and specifications and has been deemed acceptable. The contractor, Dave Christian Construction Co., Inc., has requested final acceptance from the City Council.

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

2. All retention funds will be released pursuant to Federal requirements and the Prompt Payment of Funds Withheld to Subcontractors clause of the Local Assistance Procedures Manual.

CONFLICT OF INTEREST
None.

Prepared by: Rami Abunamous, Engineering Inspector

Reviewed by: City Manager AH

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AGENDA ITEM NO. 8.

ATTACHMENT 1
0 1 20.5
Miles

CITY LIMITS SPHERE OF INFLUENCE
International
Shaw
Gettysburg
Copper
Dakota
Behymer
Perrin
Shepherd
Teague
Nees
Sierra
Bullard
Barstow
Ashlan
DockeryThompsonHighlandLeonardDeWolfLocanTemperanceArmstrongFowlerSunnysideClovisMinnewawaPeachWillow Shields
Alluvial
Herndon
McCall

VICINITY MAP
Jacob Redelfs
Print Date: March 24th, 2025
CIP 23-02 Herndon Avenue Street Improvements
Project Location
Attachment 1
178
AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 15, 2025
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 25-01 Rubberized Cape Seal 2025, with the final contract cost of $1,677,106.08.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to accept the work performed as complete and authorize the recording of the notice of completion for this project.

EXECUTIVE SUMMARY
The project consisted of applying 101,177± square yards of rubberized cape seals at various local streets, 283,250± square yards of Type II slurry seals at various additional local streets and 10,531± square yards of parking-area seal at the Police and Fire Headquarters parking lot.

The work included removal of all existing traffic striping, markings, reflectors. Furnishing and installing/applying asphalt rubber chip seal, Type II slurry seal, traffic control, street sweeping, cleanup, reinstallation of traffic striping and all other items or details required as described in the Contract Documents.

BACKGROUND
Bids were received on March 18, 2025, and the project was awarded by the City Council to the lowest responsible bidder, VSS International, Inc., on April 7, 2025. The project was completed in accordance with the construction documents, and the contractor has submitted a request for acceptance of the project.

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AGENDA ITEM NO. 9.

FISCAL IMPACT
This project was budgeted in the 2024-2025 Community Investment Program. The street rubber chip seal and slurry seal portion of the project is supported by Measure “C” pass-through funding and the parking-area seal portion is supported by the General Government Service Fund.

1. Award $1,663,120.00

2. Contract Change Order $43,986.08

3. Liquidated Damages Assessed $0.00

_________
Final Contract Cost $1,677,106.08

The contract change order involved expansion of the scope of work on Nees Avenue, between Clovis Avenue and Sunnyside Avenue. This work was requested by the Public Utilities Department due to the deterioration of the existing road and adding this segment of cape seal would help alleviate the constant maintenance work.

REASON FOR RECOMMENDATION
The Public Utilities Depar tment, the City Engineer, the Engineering Inspector, and the Project Engineer agree that the work performed by the contractor is in accordance with the project plans and specifications and has been deemed acceptable. The contractor, Cervantes Landscape Services, Inc., has requested final acceptance from the City Council.

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

2. All retention funds will be released no later than 35 calendar days following recordation of the notice of completion, provided no liens have been filed. Retention funds may be released within 60 days after the date of completion, provided no liens have been filed, with “completion” defined as the earlier of either (a) beneficial use and occupancy and cessation of labor, or (b) acceptance by the City Council per Public Contract Code Section 7107(c)(2).

CONFLICT OF INTEREST
None.

Prepared by: Matt Buller, Projects Administrator

Reviewed by: City Manager AH

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AGENDA ITEM NO. 9.

ATTACHMENT 1
0 1 20.5
Miles

CITY LIMITS SPHERE OF INFLUENCE
International
Shaw
Gettysburg
Copper
Dakota
Behymer
Perrin
Shepherd
Teague
Nees
Sierra
Bullard
Barstow
Ashlan
DockeryThompsonHighlandLeonardDeWolfLocanTemperanceArmstrongFowlerSunnysideClovisMinnewawaPeachWillow Shields
Alluvial
Herndon
McCall

VICINITY MAP
Jorge Aguilera
Print Date: February 27, 2024
CIP 25-01 Rubberized Cape Seal 2025

PROJECT

LOCATIONS
Attachment 1
181
AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 15, 2025
SUBJECT: Planning and Development Services – Approval – Authorize the City Manager to execute a Farm Lease Agreement between the City of Clovis and Gil Management, Inc., for the property located at 3778 East Behymer Avenue.

ATTACHMENTS: 1. Farm Lease Agreement

RECOMMENDATION
For the City Council to authorize the City Manager to execute a Farm Lease Agreement between the City of Clovis and Gil Management , Inc., for the property located at 3778 East Behymer Avenue.

EXECUTIVE SUMMARY
The City recently acquired approximately 19.85 acres of land at 3778 East Behymer, most currently operated as a peach orchard, for a future municipal water infrastructure project.

Development of the site is 3 to 5 years out. In the interim period before development begins, staff recommends entering into a nominal fee agricultural lease with the property's existing farmer. The proposed lease allows continued use of the land for farming purposes while maintaining the City’s development rights with a clear termination clause. The agreement minimizes City costs and ensures the property will be maintained.

BACKGROUND
The subject property was recently purchased by the City for the future development of a water treatment facility or related infrastructure. The site has recently been farmed by Luis Gil under an informal agreement with the prior owner. At the time of acquisition, the City inherited a well - maintained and actively cultivated parcel. There are no immediate plans to begin construction on the site.

Staff recommends formalizing a lease agreement with the current farmer to continue existing agricultural operations until the property is needed for public use. The proposed lease agreement represents a practical and cost -effective interim use of City -owned property that has been acquired for a future municipal water infrastructure project. Although the site is not currently needed for construction, it is important to maintain the land in a way that keeps the property maintained and minimizes liability. By leasing the property to the current farmer, who has a 182
AGENDA ITEM NO. 10.
history of maintaining the orchard under a prior informal arrangement with the previous owner, the City can ensure the land remains actively managed and in good condition.

FISCAL IMPACT
There is no fiscal impact resulting from this agreement. The City will receive nominal rent of $50 per year and will avoid maintenance costs such as weed abatement and fire risk mitigation. The farmer will assume full responsibility for farming costs and property upkeep. The lease represents a cost-effective interim land management strategy until the development of the site takes place.

REASON FOR RECOMMENDATION
Approval of the item will allow the City to enter into a formal lease agreement with Gil Management, Inc., ensuring the continued productive use and maintenance of the property at 3778 East Behymer until it is needed for development. The agreement provides a cost-effective interim land management strategy by placing responsibility for upkeep and site maintenance on the lessee, while preserving the City’s right to terminate the lease when development of the site is needed.

ACTIONS FOLLOWING APPROVAL
Staff will execute the lease agreement between the City and Gil Management, Inc.

CONFLICT OF INTEREST
None.

Prepared by: Ryan Burnett, Engineering Program Manager

Reviewed by: City Manager AH

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AGENDA ITEM NO. 10.

1 FARM LEASE AGREEMENT
BETWEEN CITY OF CLOVIS AND GIL MANAGEMENT INC.

This Farm Lease Agreement ("Lease") is entered into ____________, 2025 (“Effective Date”), by and between the City of Clovis, a California Municipal Corporation, (" Lessor") and Gil Management Inc. ("Lessee") (hereinafter collectively referred to as “Parties”) on the terms and conditions that follow.

Recitals

A. WHEREAS, Lessor purchased approximately 19.85 gross acres of real property located at 3778 East Behymer Avenue, in the City of Clovis, California, Fresno County Assessor’s Parcel No. 580-072-38 (“Property”), which is shown in the property diagram attached hereto as Exhibit “A”; and

B. WHEREAS, Lessor purchased the Property for future water infrastructure needs and related uses (the “Project”); and

C. WHEREAS, the Property consists of growing crops that were previously farmed by Lessee, and Lessor does not anticipate immediately clearing all of the growing crops from the Property to begin construction of the Project; and

D. WHEREAS, Lessee desires to continue its farming operation until such time as the Lessor shall have an imminent need for the Property for construction of the Project.

NOW THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

Agreement

1. Lease Term. This Lease shall begin on the Effective Date of this Lease. The Lessor may terminate the Lease by giving eight (8) months written notice to the Lessee. The Lessee may terminate the Lease by giving sixty (60) days written notice to the Lessor. Upon notice of termination, the Lessee shall remove all farm equipment, personal property, pumps and irrigation systems they desire within the written notice period as specified herein. The Lessee shall leave the Property in good order and condition, ordinary wea r and tear excepted. This section may be referred to as the “Lease Term.”

2. Rental Consideration; Security Deposit. The Lessee shall pay to the Lessor the sum of Fifty Dollars ($50.00) annually as rental consideration for the Property. No security deposit shall be required of the Lessee. The Lessee may pay the rental consideration to the Lessor annually at their option. If the rental consideration is paid annually, and the Lessor provides a six-month notice of termination pursuant to Section 1, the Lessor shall refund any portion of the rental consideration for the period following the termination of the Lease.

Attachment 1
184
AGENDA ITEM NO. 10.

2 3. Farming Costs . The Lessee will be responsible for all costs of farming the Property, including, but not limited to, all irrigation, utility, and repair costs. Lessee will also be solely responsible for supplying irrigation water to the Property, including the payment of any asses sment fees issued by the Fresno Irrigation District. Farming costs shall also include the upkeep and maintenance of any necessary farm improvements during the Lease Term.

4. Permitted Use. The Lessee shall use the Property only for farming operations that were conducted prior to the close of escrow.

5. Condition of Property. The Lessor makes no representation or warranty with respect to the condition of the Property or its continuing suitability for farming operations. This Lease shall be subject to any existing rights of others with recorded interests in the Property, including, but not limited to, easements and rights of way not acquired by the Lessor.

6. [Reserved.]

7. No Waste or Nuisance Upon Property. The Lessee shall ensure that their activities will not create waste to or a nuisance upon the Property or for any other liability arising from their continued use of the Property. If the Lessee use, or permit the deposit of hazardous materials, as define d under State, Federal, or local law, or otherwise create waste or a nuisance, the Lessee shall bear the obligation to fully remediate the Property to the condition existing at the time of commencement of this Lease. The Lessee shall maintain the Property in accordance with all applicable federal, state or local codes and requirements, and keep weeds and grass cut or plowed and managed on the fields and roadsides of the Property, and shall use diligence to prevent noxious weeds from going to seed on the Property and shall destroy the same using the least harmful method available to maintain satisfactory control.

8. No liens or encumbrances. The Lessee shall neither take nor permit any action that would allow for a lien or encumbrance to be placed upon the Property, including deeds of trust and fixture financing statements on the Property or this Lease.

9. Indemnification. The Lessee covenant and agree to indemnify and defend the Lessor against any loss, cost, expense, damage, charge or liability, including attorneys’ fees, connected with the Lessee’ use and possession of the Property, or operations conducted thereon by the Lessee, their agents, contractors, or employees. The Lessee further agree to indemnify, and defend the Lessor against all loss, cost, expense, damage, charge, and liability, including attorney’s fees, for injury to or death of persons and damage to Property occurring by reason of such use or possession of the Property, except claims or demands adjudicated to be caused by the negligence or wrongdoing of the Lessor. These indemnification provisions shall survive the termination date of the Lease.

10. Liability Insurance. During the term of this Lease, the Lessee shall add the Lessor as a co- insured to any general liability insurance maintained by the Lessee in connection with the Lessee’ activities on the Property. The Lessee agrees to furnish Lessor with a certificate of insurance providing evidence of co -insurance for the above -referenced liability 185
AGENDA ITEM NO. 10.

3 insurance, annually. The certificate of insurance shall contain a provision that Lessor shall be given written notice 30 calendar days in advance of cancellation or any material reduction in this liability insurance policy coverage. The amount of liabilit y insurance shall be at least a minimum of One Million Dollars ($1,000,000.00) in coverage.

11. Access. The Lessee shall allow the Lessor access to the Property at reasonable times during the work week, or on weekends, to allow the Lessor to conduct any tests, staking, surveying and related activities for the Lessor’s intended future use of the Property.

12. Assignment. The Lessee shall not assign or sublet any of their obligations, rights, or duties under this Lease, nor sublet the Property or any part thereof.

13. Default and Remedies. If a Party breaches any of its obligations under this Lease, the Party alleging a breach of the Lease shall send a notice of default to the other Party pursuant to Section 18. The breaching Party shall have a reasonable period of time to cure the breach but in no event more than thirty (30) days. If such breach is not cured within said period, or such extended period as the Parties may agree so long as the breaching Party continues to cure the breach, the non-breaching Party may pursue its remedies at law, or as permitted by this Lease. If the Lessee breaches any of its obligations and does not cure the breach within the time permitted under this Lease, then the Lessor may terminate the Lease and reclaim possession of the Property without further notice or obligation to the Lessee. The remedies given to each Party shall be cumulative. The exercise of any one remedy by either Party shall not waive that Party's right to any other remedy.

14. Lessor Remedies . This Lease shall entitle the Lessor to institute unlawful detainer, ejectment, or similar proceedings as provided by law in the event of a breach of any provision of this Lease. The Lessor shall be entitled to exercise any and all other remedies, apart from those described herein, as provided by law and in equity, including the remedies as set forth herein.

15. Modification. At any time during the term of this Lease, the Parties may mutually agree in writing to amend, supplement, terminate, or otherwise modify this Lease.

16. Waiver. No waiver of any default shall affect or alter the terms of this Lease, which shall continue in full force and effect, or affect the respective rights of the Lessor or the Lessee with respect to any other then existing or subsequent default.

17. Compliance with Laws; Interpretation . The Lessee agrees to observe and obey all local, state or federal laws, ordinances, rules, statutes and regulations now in effect or promulgated in the future with respect to the use of the Property and activities conducted thereon.

18. Notice. Any and all notices or other communications required or permitted by this Lease or by law to be delivered to, served on, or given to either Party to this Lease shall be in writing and shall be deemed properly delivered to such Party at the earliest of (i ) the date actually received; (ii) three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, addressed to the respective Party at the address identified 186
AGENDA ITEM NO. 10.

4 below; or (iii) one (1) business day after deposit with a mail service, whether United States mail, or a private company, which guarantees next-business-day delivery.

Either Party may change its address for purposes of notice by giving written notice of such change of address, which shall become effective five (5) business days after giving notice thereof. All notices given pursuant to this Lease shall be delivered to:

Lessor:

City of Clovis
Attention: Nick Torstensen, Assistant
Public Utilities Director
155 N. Sunnyside Avenue
Clovis, CA 93611
Email: [email protected]
Lessee:

Gil Management Inc.

Attention: Luis Gil, President
12136 E. Clinton Avenue
Sanger, CA 93657
Email: [email protected]

19. End of Lease Term. Upon expiration of the written notice of termination period or other termination of this Lease, the Lessee shall immediately quit and surrender the Property to the Lessor in good order and condition, ordinary wear and tear excepted, and shall remove all of the Lessee' personal property, farm equipment, and also any trash, debris, chemicals or hazardous materials. No holding over (Tenant at sufferance) shall be permitted. Unless otherwise agreed upon in writing by the Parties, any of the Lessee’ equipment or other personal property, pumps and irrigation systems not so removed shall be deemed abandoned and the Lessor may use or dispose of them, without notice or obligation to the Lessee, as the Lessor deems appropriate. The Lessee shall be responsible for all moving and relocation costs.

20. Miscellaneous. This Lease may be amended, waived, discharged, or terminated only by an instrument in writing, signed by both Parties. The headings of this Lease are for purposes of reference only and shall not limit or define the meaning hereof. The Lessor may post the Property with signage indicating the intended use of the Property so long as it does not impair the Lessee’ farming activities.

21. Execution in Counterpart; Facsimile Signatures . The Parties may sign this Lease in counterparts such that this lease document, when all signatures are appended together, will constitute a fully signed original or copy thereof. Facsimile signatures or copies of signatures shall be binding to the same extent as original signatures.

22. Binding Effect . This Lease shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of the Parties hereto.

23. Severability. If any portion of this Lease is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
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5 24. Governing Law. This Lease will be construed in accordance with the laws of the State of California.

Wherefore, the Parties hereto enter into this Lease on the Effective Date set forth above.

LESSOR:

CITY OF CLOVIS, a California municipal
corporation

By:

ANDREW HAUSSLER
City Manager

ATTEST

By:_______________________________

BRIANA PARRA
City Clerk

APPROVED AS TO LEGAL FORM

By:_______________________________

LESSEE:

Gil Management Inc.

______________________________

LUIS GIL
President
SCOTT G. CROSS
City Attorney

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AGENDA ITEM NO. 10.

6 EXHIBIT “A”
189
AGENDA ITEM NO. 10.

APN: 58007238
Owner: City of Clovis
Property Address: 3806 East Behymer Avenue
Acreage: 19.85 Ac
N Peach Ave
N Mi
nnewa
wa
Ave
W Behymer Ave
E International Ave
Behymer Ave
Clovis
County of
Fresno
0 500 1,000250
US Feet
PIQ
NTS
Clovis City Limits
Parcel in Question
Exhibit A
APN 580-072-38
190
AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Administration
DATE: September 15, 2025
SUBJECT: Consider Approval and Conduct a Public Hearing - Res. 2 5-___, Amended and Restated Resolution Authorizing the City to Join the Statewide Community Infrastructure Program, Authorizing California Statewide Communities Development Authority ( CSCDA) to Accept Applications, Levy Assessments and Special Taxes, Form Asse ssment and Community Facilities Districts, Approve Form of Acquisition Agreement, and Authorize Related Actions.

Staff: Paul Armendariz, Assistant City Manager
Recommendation: Approve

ATTACHMENTS: 1. Reso. 25-___

2. Adopted Resolution 11-28

3. Public Hearing Notice

RECOMMENDATION
Staff is requesting the City Council conduct a public hearing and consider approval of a Resolution to an amended and Restated Resolution Authorizing the City to Join the Statewide Community Infrastructure Program, Authorizing CSCDA to Accept Applications, Levy Assessments and Special Taxes, Form Assessment and Community Facilities Districts, Approve Form of Acquisition Agreement, and Authorize Related Actions.

EXECUTIVE SUMMARY
The Statewide Community Infrastructure Program (SCIP) is a program provided by the California Statewide Communities Development Authority (CSCDA) to help finance development projects.

SCIP is a pooled tax-exempt bond that funds development impact fees and public improvements for private developments. The bonds are issued by the CSCDA, which is a Joint Powers Authority (JPA).

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The City of Clovis is a member of CSCDA and originally joined SCIP in 2011 as stated in Adopted Resolution 11-28. Staff is requesting the City Council to approve an Amended and Restated Resolution by which the City of Clovis confirms its participation in SCIP and adds authorization for the formation of community facilities districts to the existing authorization for the formation of assessment districts by CSCDA within the framework of SCIP.

Some local d evelopers have recently expressed interest in utilizing SCIP to support their projects. There is no cost for the City to become a member, or to continue its membership, of CSCDA, nor is the City obligated to utilize their services. Membership simply provides the City and developers with additional financing tools to fund eligible infrastructure improvement projects and accelerate new development projects. The City would be reimbursed for any costs associated with the establishment of a CFD through SCIP, by the developer.

CSCDA will impose a 30-year special tax on the owner’s property to repay the cost of the impact fees and/or public infrastructure costs. The special taxes are billed on the county property tax bill and are calculated to be sufficient to pay annual debt service on the bonds, along with the administrative costs of SCIP.

BACKGROUND
CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Cou nties. 530 cities, counties and special districts throughout California are members of CSCDA, including the City. SCIP was instituted by CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program. SCIP was expanded to include financing of public capital improvements directly in addition to just fees and has now been further expanded to include community facilities districts (“CFDs”) and an option to finance public services in respect of stand-alone bond issues, necessary to support development in the City, as provided for in the proposed Amended and Restated Resolution. Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects in California.

The City joined SCIP in 2011. Now it is before the City Council to consider modifications to its SCIP participation to allow financing of fees and facilities through the formation of CFDs in addition to the current assessment district program. By adding CFDs, developers can finance a broader range of City fees . It will also allow the develope r more flexibility in adjusting tax rates by specific product type, assist in forming separate improvement areas when projects need to be phased, and provide for more facilities to be financed similar in type to the fees.

If a property owner applies to pa rticipate in SCIP, and the City approves the application, the selected public capital improvements, facilities and/or development related fees owed to the City will be financed by the issuance of bonds by CSCDA. Property owners, in consultation with the City and the SCIP team, can opt to have CSCDA form either an assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible f or the payment related to any other project) or, depending on the projected bond sizing and other factors, 192
AGENDA ITEM NO. 11.
implemented as a stand-alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicab le, on the owner’s property to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees.

With respect to the financing of development related fees, the property owner will either pay the development fees at the time of permit issuance , or per the Clovis Municipal Code, and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, or the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the f ees are subject to requisition by the City at any time to make authorized fee expenditures, and the City is never at risk for payment of its fees. If the property owner is required to construct improvements to be dedicated to the City, the proposed Amende d and Restated Resolution includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified completely by the City.

The benefits of SCIP to the property owner include:

• Only property owners who choose to participate in the program will have assessments or special taxes imposed on their property.
• Instead of paying cash for public capital improvements and/or development relat ed fees, the property owner receives low-cost, long-term tax-exempt financing of those fees, freeing up capital for other purposes.
• The property owner can choose to pay off the assessments or special taxes at any time. • For home buyers, paying for the costs of public infrastructure through an assessment or special tax is superior to having those costs "rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify.

Moreover, because the assessment/special tax financing is at tax-exempt rates, it typically comes at lower cost than mortgage rates.
• Owners of smaller projects, both residential and commercial, can have access to tax - exempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax - exempt financing. SCIP can finance projects as low as $500,000, which would not be economical on a stand-alone basis.

The benefits of SCIP to the City include:

• As in conventional assessment district and CFD financing, the City is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.
• CSCDA ha ndles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can provide tax - exempt financing to property owners through SCIP while committing virtually no staff t ime to administer the program.
• Providing tax-exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development related fees on new 193
AGENDA ITEM NO. 11.
development. Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land, thereby improving the City’s competitive advantage in attracting new development.
• The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time.

As part of the entitlement negotiation process, the possibility of tax -exempt financing of fees can be used to encourage a developer to pay fees up front. • In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.

The proposed Amended and Restated Resolution authorizes CSCDA to accept applications from owners of property within our planning jurisdiction to apply for tax-exempt financing of public capital improvements and development related fees through SCIP. It also authorizes CSCDA to form assessment districts and community facilities districts within our City’s boundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners. The authorization of CSCDA to form assessment districts within the City’s boundaries, conduct assessment proceedings, and levy assessments against the property of participating owners previously approved by this City Council would remain in effect.

The Amended and Restated Resolution approves the form of an acquisition agreement, attached thereto as Exhibit B, to be entered into between the City and the participating property owner/developer, if ap plicable, to provide the terms and conditions under which financing for public capital improvements will be provided and to establish the procedure for disbursement of bond proceeds to pay for completed facilities. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law.

In addition to the funding of public capital improvements and development related fees, the proposed Amended and Restated Resolution authorizes CSCDA to form community facilities districts within our City’s boundaries to levy special taxes to fund public services necessitated by new development projects, if approved by the participating property owner. Similar to the funding of public capital improvements and development related fees, once an application is received by the participating property owner and approved by the City, CSCDA handles all district formation and district administration. CSCDA will coordinate with the City annually to prepare the budget for the levy and will levy and collect the special taxes for disbursement to the City when collected. Public services will only be included in a community facilities district formed for a stand-alone project.

After City Council discussion and questions, open the public hearing to order and invite any interested members of the public to provide testimony regarding SCIP and the proposed action.

Upon the close of the hearing, if the City Council wishes to join SCIP for community facilities districts and become a participating member agency in this program, it should adopt the proposed Amended and Restated Resolution. The Amended and Restated Resolution requires only a simple majority vote.

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FISCAL IMPACT
A non-refundable administrative processing fee of $ 3,500 will be required for each application to recover the cost of staff time to process , review and verify planning entitlements and impact fees for the project that will participate in SCIP. The City may charge a participating developer a fee based on the City’s reasonable costs of managing the City’s acquisition of any improvements constructed under an Acquisition Agreement.

REASON FOR RECOMMENDATION
Participation in SCIP would give the City a means to offer financing of impact fees and public infrastructure with competitive interest rates and lower financing costs.

ACTIONS FOLLOWING APPROVAL
If the Amended and Restated Resolution is approved, the City Clerk will forward a certified copy to SCIP . Interested parties would then be directed to SCIP staff for assistance with the application process and staff will work with both SCIP and the interested party on the project specific Acquisition Agreement.

CONFLICT OF INTEREST
None.

Prepared by: Paul Armendariz, Assistant City Manager

Reviewed by: City Manager AH
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AGENDA ITEM NO. 11.

ATTACHMENT 1
RESOLUTION 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING THE AMENDED AND RESTATED RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CLOVIS AUTHORIZING THE CITY TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING THE

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO

ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT SPECIAL

ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS AND SPECIAL TAXES

AND TO FORM ASSESSMENT DISTRICTS AND COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF CLOVIS; EMBODYING A

JOINT COMMUNITY FACILITIES AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF COMMUNITY FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND

AUTHORIZING RELATED ACTIONS

WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority , lawfully formed and operating within the State purs uant to an agreement ( the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Clovis (the “City”); and
WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and
WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) ( the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) ( the “1915 Act”) upon the security of the unpaid special assessments; and

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WHEREAS, the “Mello-Roos Community Facilities Act of 1982,” being Chapter

2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State ( the “Mello-Roos Act”) is an applicable provision of State law available to, among other things, finance public improvements and public services (“S ervices”) necessary to meet increased demands placed upon local agencies as a result of development; and
WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of special tax bonds (the “Special Tax Bonds” and, together with the Improvement Bonds, the “Local Obligations”) under the Mello-Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello Roos Act; and WHEREAS, the City desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“C FDs”) and to issue Local Obligations under the Mello -Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and
WHEREAS, the City desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes and that such CFDs are not pooled together with projects in other jurisdictions; and WHEREAS, from time to time when eligible property owners within the jurisdiction of the City elect to be Participating Devel opers, the Authority will conduct proceedings under the 1913 Act and the Mello-Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the City; and
WHEREAS, both the Authority and the City are “local agencies” under the Mello- Roos Act; and
WHEREAS, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and
WHEREAS, the City desires to enter into such an agreement with the Authority to authorize the Authority to form CFDs from time to time within the territoria l limits of the City to finance Fees, Improvements and Services necessitated by new development; and 197
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WHEREAS, the City has previously presented Resolution No. 11-28 of the City Council of the City of Clovis, authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments w ithin the territory of the City of Clovis; and authorizing related actions (the “Original Resolution”), and such Original Resolution was adopted on March 21, 2011; and
WHEREAS, the City now wishes to amend and restate the Original Resolution; and
WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), a copy of which is attached hereto as Exhibit A, and the territory within which assess ments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the City’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included in this Amended and Restated Resolution pursuant to Section 10104 of the Streets and Highways Code; and WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which is attached hereto as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and WHEREAS, the City will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and
WHEREAS, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements; and
WHEREAS, where the Authority determines a project is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks -Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations , the proceeds of which are used to purchase the Local Obligations; and
WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this Amended and Restated Resolution at a public hearing, which was duly conducted by this City Council concerning the significant 198
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public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis as follows:

Section 1. This Amended and Restated Resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority in accordance herewith.

Section 2. City hereby consents to the conduct of proceedings by the Authority under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the City’s official boundaries of record at the time of such proceedings or an y portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act.

Section 3. The City hereby consents to the conduct of special assessment proceedings by the Authori ty in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessment s in connection with SCI P by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.

Section 4. This Amended and Restated Resolution sets forth the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello Roos Act) between the City and the Authority. Adoption by the Commission of the Authority of each Resolution of Intention to form a CFD under the Mello -Roos Act to finance City Improvements, City Fees or City Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD. This Amended and Restated Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement, or a joint agreement to fund services, for each CFD formed by the Authority (the “Joint Agreement”).

Section 5. The City Council hereby finds and determines that this Amended and Restated Resolution and the Joint Agreement are beneficial to the residents/customers of the City and are in the best interests of the residents of the City, and of the future residents of the area within the proposed CFDs and Assessment Districts. The City hereby finds and declares that the issuance of revenue bonds by the Authority to 199
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purchase Local Obligations in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparatio n, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the City.

Section 6. The Authority has adopted Local Goals and Policies as required by Section 53312.7 of the Mello-Roos Act. The City approves the use of those Local Goals and Policies in connection with the formation of CFDs. The City hereby agrees that the Authority may act in lieu of the City under those Local Goals and Policies in forming and administering the CFDs.

Section 7. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” ( the “Manual”), and the City will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.

Section 8. Pursuant to the Mello -Roos Act and this Amended and Restated Resolution, the Authority may conduct proceedings under the Mello-Roos Act to form the CFDs and to have such CFDs authorize the financing of (i) any or all of the facilities and Fees set forth on Exhibit C, attached hereto and (ii) any or all the Services set forth on Exhibit D, attached hereto. All of the facilities, whether to be financed directly or through Fees, shall be facilities that have an expected useful life of five years or longer and are facilities that the City or other local public agencies, as the case may be, are authorized by law to construct, own or operate, or to which they may contribute revenue. The appropriate officials and staff of the City are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial formation and in conne ction with the annual levy. Exhibit C and Exhibit D may be modified from time to time by written agreement between an authorized representative of the Authority and of the City. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the City are referred to as the “City Improvements.” The Fees paid or to be paid to the City are referred to as the “City Fees”. The Services funded are referred to as the “City Services”. The financing of the City Services shall only be authorized for stand -alone development projects and Local Obligations may not be issued to fund Services.

Section 9. For Improvements, Fees or Services to be owned, used or provided by an other local agency (a “Third Party Local Agency ”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third Party Local Agency as required by the Mello -Roos Act. Each joint community facilities agreement with each Third Party Local Agency will contain a provision that the Third Party Local Agency will provide indemnification to the City to the same extent that the City provides indemnification to the Third Party Local Agency under the terms of this Amended and Restated Resolution.

Section 10. The City acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the 200
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City as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services. In connection with the formation of each CFD, as may be required by th e Authority’s procedures, the City shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.

Section 11. The Authority shall promptly transfer special tax collections for City Services, after payment of its own reasonable administrative costs incurred in the administration of the CFDs, to the City. The Authority will apply the other special tax collections initially as required by the documents under which any Local Obligations are issued; and thereafter, to the extent not provided in the Local Obligations documents, may pay its own reasonable administrative costs. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the City and to the other local agencies in the proportions specified in the Authority’s proceedings. The City will apply any such special tax revenues it receives for authorized City Improvements, City Fees and/or City Services, as applicable, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello- Roos Act. The joint community facilities agreements with each Third Party Local Agency must require the Third Party Local Agency to apply the special tax revenues they receive for their authorized Improvements , Fees and/or Services under the CFDs and for their own related administrative costs only as permitted by the Mello-Roos Act.

Section 12. The Authority will administer the CFDs, including employing and paying all consultants, ann ually levying the special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The City will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the City to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the City will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to the agreement embodied by this Amended and Restated Resolution) nor will the City be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency.

Section 13. In the event the Authority completes issuance and sale of Local Obligations, and Local Obligation proceeds become available to finance the Improvements, the Authority shall establish and maintain a special fund for each development project ( the “Acquisition and Construction Fund”). The portion of Local Obligation proceeds which is intended to be utilized to finance the Improvements and Fees shall be deposited in the Acquisition and Construction Fund. The Acquisition and Construction Fund will be available both for City Improvements and City Fees and for the Improvements and Fees pertaining to each Third Party Local Agency. Subaccounts shall be created as necessary.
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Section 14. As respects the Authority and each Third Party Local Agency , the City agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the City Improvements and for the administration and expenditure of the City Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the City to assume any portion or all of this responsibility. The Authority is required to obtain provisions equivalent to this paragraph in the joint community facilit ies agreement with each Third Party Local Agency.

Section 15. The City agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees ( collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the City Improvements and the improvement s to be financed or acquired with the City Fees. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the City any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency naming the City and its officers, agents and employees as Indemnified Parties with respect to each Third Party Loca l Agency ’s respective Improvements and the improvements to be constructed or acquired with each Third Party Local Agency’s Fees.

Section 16. As respects the Authority and each Third Party Local Agency , the City agrees – once the City Improvements are constructed accor ding to the approved plans and specifications, and the City and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the City Improvements – to accept ownership of the City Improvements, to take maintena nce responsibility for the City Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the City Improvements. The City reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the City to assume any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this para graph in all joint community facilities agreements with each Third Party Local Agency naming the City and its officers, agents and employees as Indemnified Parties.

Section 17. The City acknowledges the requirement of the Mello-Roos Act that if the City Improvements are not completed prior to the adoption by the Commission of the Authority of the Resolution of Formation of the CFD for each respective development project, the City Improvements must be constructed as if they had been constructed under 202
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the direction and supervision, or under the authority of, the City. The City acknowledges that this means all City Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California. The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The City reserves the right, as respects the Participating Developer, to assign appropriate re sponsibility for compliance with this paragraph to the Participating Developer.

Section 18. The form of the Acquisition Agreement attached hereto as Exhibit B is hereby approved, and the City Manager or such officer’s designee ( each, an “Authorized Officer”) is author ized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the City in substantially that form, with such changes as shall be approved by the Authorized Officer after consultation with the City Attorney and the Auth ority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 19. After completion of the City Improvements and appropriate arrangements for the maintenance of the City Improvements, or any discrete portion thereof as provided in Section 53313.51 of the Mello -Roos Act and in the Acquisition Agreement, to the satisfaction of the City, and in conjunction with the City’s acceptance thereof, acquisition of the City Improvements shall be undertaken as provided in the Acquisition Agreement.

Section 20. The City hereby consents to the formation of the CFDs in accordance with this Amended and Restated Resolution and consents to the assumption of jurisdiction by the Authority for the proceedings respecting the CFDs with the understanding that the Authority will hereafter take each and every step required for or suitable for consummation of the proceedings, the levy, collection and enforcement of the special tax, and the issuance, sale, delivery and administration of the Local Obligations, all at no cost to the City and without binding or obligating the City’s general fund or taxing authority.

Section 21. The terms of the Agreement embodied by this Amended and Restated Resolution may be amended by a writing duly authorized, executed and delivered by the City and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.

Section 22. Except to the extent of the indemnifications extended to each Third Party Local Agency in the Agr eement embodied by this Amended and Restated Resolution, and the City’s agreement to take responsibility for and ownership of the City Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this Amended and Restated Resolution , and nothing in this Amended and Restated Resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the City (and their 203
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respective successors and assigns) an y rights, remedies, obligations or liabilities under or by reason of this Amended and Restated Resolution.

Section 23. The City shall be identified as a third -party beneficiary of all joint community facilities agreements between the Authority and each Third Party Loc al Agency to the extent of the indemnification provisions and the provisions whereby each Third Party Local Agency agrees to take responsibility for and ownership of their Improvements.

Section 24. The appropriate officials and staff of the City are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the City and/or who are conditioned to install Improvements and/or whose plans for new development within the City necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The City shall designate appropriate staff who shall be responsible for coordination with the Authority, and shall provide the appropriate contact information to the Authority from time to time.

Section 25. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third-party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the City, as are reasonably required by the Authority in accordance with the Ma nual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP.

Section 26. This Amended and Restated Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Clovis is hereby authorized and directed to transmit a certified copy of this Amended and Restated Resolution to the Secretary of the Authority. This Amended and Restated Resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings ha s ended or is otherwise terminated. The Original Resolution shall remain in force with respect to any SCIP application approved by the City and any Assessment District formed pursuant to its authority until all Local Obligations have been retired and the a uthority to levy the assessment conferred by any assessment proceedings carried out pursuant to the Original Resolution has ended or is otherwise terminated.

* * * * *

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The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on _________, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN

DATED:

______________________________ ______________________________ Mayor City Clerk

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EXHIBIT A

EXHIBIT A TO THE RESOLUTION

FORM OF RESOLUTION OF INTENTION

TO BE ADOPTED BY CSCDA
For Assessment Districts Only
RESOLUTION NO. __SCIP-

RESOLUTION OF INTENT ION OF THE CALIFORNI A STATEWIDE

COMMUNITIES DEVELOPM ENT AUTHORITY TO FIN ANCE CAPITAL

IMPROVEMENTS AND/OR THE PAYMENT OF DEVEL OPMENT

RELATED FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE

PROPOSED STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
ASSESSMENT DISTRICT NO. ___ ([NAME OF PROJECT ]) [CITY OF _________], [COUNTY OF _________], APPRO VING A PROPOSED

BOUNDARY MAP, MAKING CERTAIN DECLARATION S, FINDINGS

AND DETERMINATIONS C ONCERNING RELATED MA TTERS, AND

AUTHORIZING RELATED ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code ( the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public improvements ( the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) [City of __________], [County of __________] (the “Assessment District”); WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) [City of __________], [County of __________], State of California,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) [City of __________], [County of __________], State of California”; WHEREAS, the [City/County of __] is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District.
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NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct.

Section 2. Pursuant to Section 2961 of the Special As sessment Investigation, Limitation and Majority Protest Act of 1931 ( the “1931 Act”), being Division 4 (commencing with Section 2800) of the Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.

Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.

Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of th e map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.

Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.

Section 6. The Commission intends, pursuant to subpara graph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to t he Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.

Section 7. Bonds representing unpaid assessments, an d bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty -nine (29) years from the second day of September next succeeding twelve (12) months from their date.

Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part

11.1 thereof.
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Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.

Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.

Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.

PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.

I, the und ersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.

By
Authorized Signatory
California Statewide
Communities
Development Authority
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EXHIBIT A TO THE RESOLUTION OF INTENTION

DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be acquired and owned by the [City/County of __] or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.

PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER

DEVELOPMENT RELATED CHARGES

CAPITAL IMPROVEMENTS*

*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management
[End of Form of Resolution of Intention]
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EXHIBIT B

EXHIBIT B TO THE RESOLUTION

FORM OF ACQUISITION AGREEMENT
_____________________

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM

ACQUISITION AGREEMENT

BY AND BETWEEN

CITY OF CLOVIS
AND
[DEVELOPER]

Dated as of _______, 20__

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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement ( the “Agreement”) are the CITY OF CLOVIS, (the “Local Agency”), and [DEVELOPER], a [ indicate type of legal entity ] (the “Developer”).

B. The effective date of this Agreement is ________, 20__.

C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California State wide Communities Development Authority ( the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [ For CFDS :][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished throug h a community facilities district which will be administered by the Authority under and pursuant to the Mello -Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following ( the “Act”). On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district ( the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [ For Assessment Dis tricts:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district ( the “District”) which will be administered by the Authority under and pursuant to Municipal Impr ovement Act of 1913 (Streets and Highways Code Sections 10000 and following) ( the “1913 Act”) and the issuance of improvement bonds ( the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) ( the “1915 Act” and, together with the “1913 Act” the “Act”).]
D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.

E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.

F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as 211
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Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to be acquired from the Developer.

G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.

H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.

I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.

In consi deration of Recitals A through I, in clusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.

Agreement

ARTICLE I

DEFINITIONS; DISTRICT FORMATION AND

FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “City of Clovis Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be com mingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer 212
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upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
“Act” has the meaning ascribed thereto in Recital C.
“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acqui sition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project management , administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.
“Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section

2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_].
“Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trus tee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedness issued by the Authority as tax-exempt 213
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or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District.
“Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns. “Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof in substantially the form contained in Exhibit B hereto. “District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Clovis.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayme nts thereof, authorized by the District to be levied by the Commission of the Authority.] “Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including , if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.

Section 1.02. Participation in SCIP . The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and conditions for the District were embodied within the Local Agen cy Resolution and were accepted by the Authority 214
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with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction F und (as defined in Section 1.03 below), neither the Developer nor the Local Agency shall have any obligations under this Agreement.

Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.

Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund. (b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].

Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Develop er’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.

ARTICLE II

DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts . The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired 215
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from Developer. All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition o f such Acquisition Improvements . The Developer shall be entitled to reimbursement for any des ign costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.

Section 2.02. Letting and Administra tion of Construction Contracts ; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wa ges as required by the Labor Code of the State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.

Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights -of-way or other easem ents necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items, and the determination shall be final and conclusive.

Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of t he Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency 216
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Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisitio n Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.

In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition and Construction Fund shall be applied as provided in Section 1.03.

In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition and Construction Fund at the time such payment is requested.

Section 2.04. Conditions P recedent to Payment of Acquisition Price .

Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisf action of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rig hts-of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements. (b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
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(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right -of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.

Section 2.05. SCIP Requisition. Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section

2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to such Acquisition Improvements. The Authority Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.

ARTICLE III

MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Au thority's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP f inancing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected thereto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages 218
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resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.

Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.

Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements. The Local Agency and the Developer agree to meet in good faith to resolve any differ ences on future matters which are not specifically covered by this Agreement.

Section 3.04. General Standard of Reasonableness . Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisi ons in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.

Section 3.05. Third Party Beneficiaries . The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority with respect to the provisions of Section

3.01, there are no third party beneficiaries of this Agreement, includin g without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.

Section 3.06. Conflict with Other Agreements . Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.

Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered (via mail or electronic mail) to:
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If to the Local Agency:

City of Clovis
1033 Fifth Street,
Clovis, CA 93612
[email protected]
If to the Developer:
[Developer]
[Address to come]
[Email to come]
Either party may change its address by giving notice in writing to the other party.

Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 3.09. Governing Law . This Agreement and any disp ute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not c onstitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.

Section 3.11. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

Section 3.13. Successors and Assigns. This Agreement is binding upon the heirs, assigns and successors -in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors-in-interest to the property within the District, without the prior written consent of the Local Agency.

Section 3.14. Remedies in General. It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency. 220
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In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any as signee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.

CITY OF CLOVIS
By:

Andrew Haussler, City Manager

[DEVELOPER],
a [here indicate type of legal entity]
By:

Signature

Print Name

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Exhibit A to the Acquisition Agreement

DESCRIPTION OF ACQUISITION IMPROVEMENTS AND BUDGETED AMOUNTS

[To be completed based on Final Engineer’s Report/developer’s budget and cash flows]

Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.

ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
[_].................................................................................................. $[_] [_].................................................................................................. $[_]

* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.
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Exhibit B to the Acquisition Agreement

FORM OF SCIP REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized officer of the CITY OF CLOVIS hereby requests a withdrawal from the [DEVELOPER] ACQUISITION AND CONSTRUCTION FUND , as follows:

Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:

1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.

2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.

3. If the Withdrawal Amount is greater than the funds held in the Acquisition and Construction Fund, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.

CITY OF CLOVIS
By:

Andrew Haussler,
Title: City Manager

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EXHIBIT C

EXHIBIT C TO THE RESOLUTION

ELIGIBLE FACILITIES AND FEES
Eligible facilities and fees that may be financed by a CFD formed by CSCDA through SCIP include all improvements and fees authorized under the Mello -Roos Act, including but not limited to the following:

Transportation Improvements
Eligible roadway improvements include, but are not li mited to: acquisition of land and easements; roadway design; project management; bridge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving (including slurry seal), and decorative/enhanced pavement concrete and/o r pavers; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off -site), enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, bus and transit improvements including transfer stations and regional public trans it improvements; masonry walls; traffic control and agency fees; and other improvements related thereto.

Eligible improvements for the roads listed herein also include any and all necessary underground potable and recycled water, sanitary sewer, and storm drainage system improvements.

Water System Improvements
Authorized facilities include any and all water facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: water storage, treatment and distribution facilities including waterlines and appurtenances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters; booster pump stations & power; stand-by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Recycled Water System Improvements
Authorized facilities include any and all recycl ed water system facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: treatment and distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump p ressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutters; booster pump stations; stand -by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development within the CFD. These facilities include but may not be limited to: excavation and grading, pipelines and appurtenances, outfalls and 224
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water quality measures, detention/retention basins, drainage pretreatment facilities, drainage ways/channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and other improvements related thereto.

Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie -in to existing main lines; force mains; lift stations; upgrades to existing lift stations; odor-control facilities; and permitting related thereto; and related sewer system improvements.

Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space required for development within the CFD. These facilities include, but may not be limited to: grading, turf , shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing (including soundwalls), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements. Authorized facilities include acquisition of any and all parkland as well as open space/bike trail/public access easements required for development within the CFD.

Electrical System Improvements
Authorized facilities include any and all electrical supply and distribution facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: design, distribution lines, vaults, conduit, trenching, transformers and installation of cabling.

School and Educational Facilities
Authorized facilities include classroom renovation, updates to school safety and security systems, technology improvements, energy efficiency improvements, school modernization and retrofitting, and new classroom and school construction as required for development within the CFD.

Other Public Improvements
Authorized facilities include any and all public facilities and infrastructure designed to meet the needs of development within the CFD. These facilities include but may not be limited to: community center facilities, library facilities, police facilities, fire suppression and response facilities, other public safety facilities, corporation yards, municipal service centers, public parking garages, and other public buildings.

Fees and Charges
Authorized facilities include the direct funding of any of the above referenced facility types for which t he Local Agency collects a development impact fee, capacity 225
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charge, fair share contribution, or other development-related fee.

Other Incidental Expenses and Bond Issuance Costs
In addition to the above facilities, other incidental expenses as authorized by the Mello-Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning and designing the facilities (including the cost of environmental evaluation, remediation and mitigation); engineering and surveying; construction staking ; utility relocation and demolition costs incidental to the construction of the public facilities; costs of project/construction management; costs (including the costs of legal services) associated with the formation of the CFD; issuance of bonds (if any); determination of the amount of taxes; collection of taxes; payment of taxes; costs of calculating and providing reimbursements from one-time special tax payments; or costs otherwise incurred in order to carry out the authorized purposes of the CFD; and an y other expenses incidental to the formation and implementation of the CFD and to the construction, completion, inspection and acquisition of the authorized facilities. 226
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EXHIBIT D

EXHIBIT D TO THE RESOLUTION

ELIGIBLE SERVICES
Services to be funded, in whole or in part, by any CFD formed by the Authority for City Services shall include all direct and incidental costs related to providing for the funding of public safety services, including, but not limited to, police and fire safety, emergency response, and similar services, as well as the funding of services for the maintenance of public improvements. The CFDs may fund services relating to obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the f uture provisions of services. The Services may be provided by the City directly with its own employees or by contract with third parties, or any combination thereof.

Services to be financed by a CFD shall be limited to Services that are in addition to those provided in the territory of the CFD prior to the date of creation of the CFD and shall not supplant services already available within that territory when the CFD is created.

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CERTIFICATION OF RESOLUTION
I, the undersigned, the duly appointed and qualified City Clerk of the City of Clovis, do hereby certify that the foregoing Resolution No. ___________ was duly adopted at a regular meeting of the City Council of the City of Clovis duly and regularly held a t the regular meeting place thereof on the _______ day of __________, 20 25, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present.

An agenda of said meeting was posted at least 72 hours before said meeting at _____________________, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

Notice of public was published in [name of newspaper] at least 5 days prior to the hearing.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: _______________, 2025
________________________________
City Clerk of the City of Clovis

By:
______________________________

Seal
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Attachment 3
City of Clovis
1033 Fifth Street
Clovis, CA 93612

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on September 15, 2025, a public hearing will be held so that the City of Clovis (the “City”) may consider participating in the Statewide Community Infrastructure Program of the California Statewide Communities Development Authority.

Participation in said program will enable property owners to finance public capital improvements and/or development related fees for public capital improvements imposed on new development.

Said public capital improvements, if financed, will be among the public capital improvements required in connection with a given development project. Said development related fees, if financed, will be used by the City to pay for public capital improvements which will serve the City.

All such public capital improvements, including those eligible for payment from development related fees, will be of a type and nature authorized under the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State of California and/or of the type and nature authorized under the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following).

Participation in said program does not itself authorize the City to impose additional public capital improvements or new or additional development related fees on any property owner.

The hearing will commence at 6:00 p.m., or as soon thereafter as the matter can be heard, and will be held at 1033 Fifth Street, Council Chambers, Clovis, California. Interested persons wishing to express their views on the City’s continued participation in the SCIP program and the financing of public capital improvements and/or development related fees as described above will be given an opportunity to do so at the public hearing or may, prior to the time of the hearing, submit written comments to [email protected], Attention: City Clerk.

Dated: September 4, 2025

CITY OF CLOVIS

BRIANA PARRA

CITY CLERK

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TO: Mayor and City Council
FROM: Police Department
DATE: September 15, 2025
SUBJECT: Workshop - Mental Health Liaison Officer, A new approach for Clovis Police Department.

Staff: Mollie Jacobsen, Mental Health Liaison
Recommendation: Receive and File
ATTACHMENTS: None.

Mental Health Liaison Mollie Jacobsen will provide a verbal presentation on this item.

Please direct questions to the City Manager’s office at 559-324-2060. 280
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