Tuesday, July 11, 2023 / 6:30 PM / City Hall / 405 East El Monte Way, Dinuba District 1
Rachel NerioGuerrero
Vice Mayor
District 2
Maribel Reynosa
Mayor
District 3
Benjamin Prado
Council Member
District 4
Kuldip Thusu
Council Member
District 5
Linda Launer
Council Member
All attendees are advised that electronic devices should be placed on silent upon entering the Council Chambers.
The City Council will take action on all items listed on the agenda.
1. OPENING CEREMONIES
1.1. Welcome and Call to Order
1.2. Invocation
1.3. Pledge of Allegiance
2. AGENDA CHANGES OR DELETIONS
To better accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code section 54954.2(b).
3. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for any person who would like to address the Council on any item that is not on the agenda. Please be advised that State law does not allow the City Council to discuss or take any action on any issue not on the agenda. The City Council may direct staff to follow up on such item(s). Speakers are limited to three (3) minutes. If there is any person wishing to address the City Council at this time please approach the podium and state your name and nature of the request.
4. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
4.1. SUBJECT
Resolution No. 2023-37 Authorizing the submittal of a Financial Assistance Application for the Planning and Design of Sewer Collection and Wastewater Treatment Plant Improvements to the State Water Resources Control Board (GA)
a
RECOMMENDATION
Council adopt Resolution No. 2023-37 authorizing the City Manager or Public Works Director to submit a financial assistance application to the State Water Resources Control Board (SWRCB) for the planning and design of sanitary sewer collection system and wastewater treatment plant improvements. a
4.2. SUBJECT
Approval of City Council Meeting Minutes (MA)
a
RECOMMENDATION
Council to review and approve the City Council meeting of June 27, 2023 as presented.
a
4.3. SUBJECT
Resolution No. 2023-38 Industrial Disability Retirement of Jason Kent (MA)
a
RECOMMENDATION
Council to adopt Resolution No. 2023-38 allowing Jason Kent to be placed on industrial disability retirement.
a
4.4. SUBJECT
Request for Excused Absence Vice Mayor Rachel Nerio-Guerrero (MA) a
RECOMMENDATION
Council to excuse the absence of Vice Mayor Rachel Nerio-Guerrero from the City Council meeting of June 27, 2023.
a
5. WARRANT REGISTER
5.1. SUBJECT
Warrant Register June 30 & July 7, 2023 (KS)
a
RECOMMENDATION
Council to review and approve the Warrant Register as presented. a
6. DEPARTMENT REPORTS
6.1. SUBJECT
Approval of Real Property Purchase and Sale Agreement between the City of Dinuba and MB Developers, LLC (DJ)
a
RECOMMENDATION
Council to approve a Real Property Purchase and Sale Agreement for one (1) acre of commercial property (APN: 017-280-020) between the City of Dinuba and MB Developers, LLC for the development of a Chipotle Mexican Gill. a
7. MAYOR/COUNCIL REPORTS
8. CITY MANAGER COMMUNICATIONS
9. CITY STAFF COMMUNICATIONS
10. ADJOURNMENT
This agenda was posted at least 72 hours prior to the regular meeting per GC Section 54954.2(a). A Citizens' Packet regarding this meeting is available at the City Clerk's Office located at City Hall, 405 East El Monte Way, Dinuba CA 93618.
In compliance with the Americans with Disabilities Act, if special assistance is needed to participate in the meeting, please contact the City Clerk's Office at 559-591-5900. Please provide at least 48 hours notification prior to the meeting to allow staff to make reasonable arrangements. (28 CFR 35.102-35.104 ADA Title II)
559.591.5900 / FAX 559.591.5902 . e-mail address: [email protected]. www.dinuba.org City Council Staff Report
Department: PUBLIC WORKS July 11, 2023
To: Mayor and City Council
From: George Avila, Interim Public Works Director
Subject:
Resolution No. 2023-37 Authorizing the submittal of a Financial Assistance Application for the Planning and Design of Sewer Collection and Wastewater Treatment Plant Improvements to the State Water Resources Control Board (GA)
RECOMMENDATION
Council adopt Resolution No. 2023-37 authorizing the City Manager or Public Works Director to submit a financial assistance application to the State Water Resources Control Board (SWRCB) for the planning and design of sanitary sewer collection system and wastewater treatment plant improvements.
EXECUTIVE SUMMARY
The State Water Resources Control Board offers financial assistance for the planning and design of new sewer and wastewater system improvements. The City wishes to submit an application for up to $500,000 to conduct a condition assessment of the sewer collection system, explore the feasibility of connecting all septic tank customers to City sewer and make necessary improvements at the wastewater treatment plant.
OUTSTANDING ISSUES
None.
DISCUSSION
The City of Dinuba owns and operates a sewer collection system and wastewater treatment plant. The collection system contains more than 70 miles of gravity sewer aided by 11 sanitary sewer lift stations. The wastewater treatment plant is designed and permitted for a capacity of approximately 3.14 million gallons per day.
Maintaining this system and the facility in good working order is critical for the City to continue to provide essential services to Dinuba residents. All improvements to the City's sewer system are funded by sewer charges collected from utility customers.
The State Water Resources Control Board offers financial assistance through the Clean Water State Revolving Fund (CWSRF) Program for wastewater planning. This funding is intended to provide cities with the resources to prepare preliminary engineering, environmental assessment and other related documentation to understand the current and future needs and upgrades to the sewer collection and wastewater treatment system. The study will include evaluating the feasibility of connecting all remaining septic services to the city's sewer collection and treatment system. Upon completion of these initial planning efforts the city will be in a good position to apply for future construction funding to implement identified upgrades.
The city intends to apply for a grant up to $500,000. The State requires that a resolution authorizing the submittal of an application be adopted by the City Council.
A copy of Resolution No. 2023-37 os enclosed herein as Attachment 'A'.
FISCAL IMPACT
The City wishes to engage AM Consulting Engineers for the preparation of the planning application for a cost of $2,500 that will be paid for out of the sewer operating fund.
PUBLIC HEARING
None.
ATTACHMENTS:
Description
A. Resolution Number 2023-37
RESOLUTION NO. 2023-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA APPROVING
THE SUBMITTAL OF A FINANCIAL ASSISTANCE APPLICATION TO THE STATE
WATER RESOURCES CONTROL BOARD FOR THE PLANNING AND DESIGN OF
SANITARY SEWER COLLECTION SYSTEM AND WASTEWATER TREATMENT
PLANT IMPROVEMENTS, AND AUTHORIZING THE CITY MANAGER OR PUBLIC
WORKS DIRECTOR TO EXECUTE ALL REQUIRED FUNDING DOCUMENTS WHEREAS, the City of Dinuba (City) has the authority to construct, operate and maintain its sanitary sewer collection system, including its wastewater treatment plant (WWTP) and; WHEREAS, some Dinuba residents still rely on individual septic tanks and; WHEREAS, individual septic tanks can cause groundwater contamination and; WHEREAS, the City needs to complete improvements to its sanitary sewer collection system and WWTP and;
WHEREAS, the State Water Resources Control Board offers planning and design grants to disadvantaged communities to prepare preliminary engineering, environmental and other miscellaneous documentation required to submit a Clean Water State Revolving Fund (CWSRF) Construction Application.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The City Manager (the “Authorized Representative”) or the Public Works Director is hereby authorized and directed to sign and file, for and on behalf of the City of Dinuba, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of Sanitary Sewer Collection and Wastewater Treatment Plant Improvements (the “Project”).
Section 2. This Authorized Representative, or the Public Works Director, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
Section 3. The Authorized Representative, or the Public Works Director, is designated to represent the City of Dinuba in carrying out the City of Dinuba’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City of Dinuba and compliance with applicable state and federal laws.
PASSED AND ADOPTED by the City Council of the City of Dinuba at a regular meeting held on the 11th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Maribel Reynosa, Honorable Mayor
ATTEST:
Maria Alaniz, City Clerk
City Council Staff Report
Department: CITY CLERK July 11, 2023
To: Mayor and City Council
From: Maria Alaniz, City Clerk/Human Resources Director Subject: Approval of City Council Meeting Minutes (MA)
RECOMMENDATION
Council to review and approve the City Council meeting of June 27, 2023 as presented.
EXECUTIVE SUMMARY
None.
OUTSTANDING ISSUES
None.
DISCUSSION
None.
FISCAL IMPACT
None.
PUBLIC HEARING
None required.
ATTACHMENTS:
Description
City Council Meeting Minutes, June 27, 2023
June 27, 2023
MINUTES
COUNCIL MEMBERS PRESENT:
Prado, Reynosa, Launer, Thusu via-Zoom
COUNCIL MEMBERS ABSENT:
Nerio-Guerrero
STAFF MEMBERS PRESENT:
Alaniz, Avila, Hurtado, Iriarte, James, Montejano, Patlan, Solis, Watts, Webster, Yanez
1. Remote Attendance
Thusu
1.1. Click for remote access options via zoom per AB 2449
2. OPENING CEREMONIES
2.1. Welcome and Call to Order
Mayor Reynosa called the meeting to order at 6:30 p.m.
2.2. Invocation
The invocation was led by Chaplain Susee.
2.3. Pledge of Allegiance
The pledge of allegiance was led by Council Member Prado.
3. AGENDA CHANGES OR DELETIONS
To better accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code section 54954.2(b).
3.1. Leadership Class of Northern Tulare County Report of 2023 Cinco de Mayo Event (MA)
The Leadership Northern Tulare County participants Joanne Bear and Anna Santillan presented the 2023 Cinco de Mayo event report. They reported that the event was a success.
The Council gave words of appreciation.
4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for any person who would like to address the Council on any item that is not on the agenda. Please be advised that State law does not allow the City Council to discuss or take any action on any issue not on the agenda. The City Council may direct staff to follow up on such item(s). Speakers are limited to three (3) minutes. If there is any person wishing to address the City Council at this time please approach the podium and state your name and nature of the request.
None.
5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
5.1. SUBJECT
Second Reading of Ordinance 2023-05 Related to Prohited Actiivities in Parks and Recreational Facilities (DY)
a
RECOMMENDATION
City Council to take the following action by one motion:
Conduct second reading of Ordinance No. 2023-05 by title “Adding Chapter 49 ‘Unauthorized Encampments and Prohibited Activities on Public Property’ to Title 9 of the Dinuba Municipal Code”; Waive further reading of Ordinance 2023-05 and adopt Ordinance 2023-05 either as drafted or subject to any revisions agreed to by the Dinuba City Council; and authorize the repeal of Ordinance 2023-04 on the effective date of Ordinance No. 2023-05.
5.2. SUBJECT
Approval of Agreement Between the City of Dinuba and the Dinuba Unified School District for the School Resource Officer for FY 2023-24 (AI) a
RECOMMENDATION
Council to approve the School Resource Officer (SRO) Agreement with the Dinuba Unified School District for the 2023-24 school year and authorize the City Manager or designee to execute the agreement.
5.3. SUBJECT
Approval of City Council Meeting Minutes (MA)
a
RECOMMENDATION
Council to review and approve the City Council meeting of June 13, 2023 as presented.
5.4. SUBJECT
Cancellation of City Council Meeting Scheduled on August 8, 2023 & September 12, 2023 (MA)
a
RECOMMENDATION
Council to approve cancellation of the City Council meetings of August 8, 2023 and September 12, 2023.
A motion was made by Council Member Prado , second by Council Member Launer, to review and approve Consent Calendar as presented.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
6. WARRANT REGISTER
6.1. SUBJECT
Warrant Register June 16 & 23, 2023 (KS)
a
RECOMMENDATION
Council to review and approve the Warrant Register as presented.
A motion was made by Council Member Launer, second by Council Member Prado , to review and approve Warrant Register as presented.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
7. PUBLIC HEARING
7.1. SUBJECT
Extension of Urgency Ordinance No. 2032-04 Regarding “Prohibited Activities in Public Parks and Recreation Facilities” (DY) a
RECOMMENDATION
City Council to receive staff report, open and close a public hearing, and vote, by a 4/5 majority to extend Urgency Ordinance No. 2023-04 related to “Prohibited Activities in Public Parks and Recreation Facilities”.
City Attorney Yanez presented an extension of the current Urgency Ordinance NO. 2023-04 related to “Prohibited Activities in Public Parks and Recreation Facilities”.
Mayor Reynosa opened the public hearing.
There was no public comment.
Mayor Reynosa closed the public hearing.
A motion was made by Council Member Launer, second by Council Member Prado , to receive staff report, open, and close a public hearing, and vote, by a 4/5 majority to extend Urgency Ordinance No. 2023-04 related to “Prohibited Activities in Public Parks and Recreation Facilities”.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
7.2. SUBJECT
Resolution No. 2023-35 Adopting FY 2023/24 Operating Budget and Capital Improvement Program and Adjustments to the FY 2022/23 Budget; and Resolution 2023-36 Adopting the FY 2023/24 GANN Appropriations Limit (KS)
a
RECOMMENDATION
Council to conduct a public hearing and take the following actions by separate motions:
1. Adopt Resolution No. 2023-35 approving the Fiscal Year 2023/24 Operating Budget and Capital Improvement Program and adjustments to the Fiscal Year 2022/23 budget;
2. Adopt Resolution No. 2023-36 establishing the Appropriations (GANN) Limit for Fiscal Year 2023/24.
Administrative Services Director Solis presented the Fiscal Year 2023/24 Operating Budget and Capital Improvement Program and adjustments to the Fiscal Year 2022/23 budget. Solis reported that the CDTFA will complete their audit by the end of 2023, until then a conservative approach has been taken. Solis advised that some of the vacancies that will be filled this year include three Firefighter Paramedics, Code Enforcement Officer, Part time Ambulance Billing Clerk, Building Official, and Permit Technician. Solis advised that if funding from Alta District is unavailable the Firefighter Paramedic positions would be covered by general fund and Ambulance.
Patlan advised that he has spoken with Alta District attorney and funding still looks promising.
Council expressed their satisfaction with the budget and staff's attention.
Mayor Reynosa opened the public hearing.
No comment were made.
Mayor Reynosa closed the public hearing.
A motion was made by Council Member Launer, second by Council Member Thusu, to adopt Resolution No. 2023-35 approving the Fiscal Year 2023/24 Operating Budget and Capital Improvement Program and adjustments to the Fiscal Year 2022/23 budget, and adopt Resolution No. 2023-36 establishing the Appropriations (GANN) Limit for Fiscal Year 2023/24.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
8. DEPARTMENT REPORTS
8.1. SUBJECT
Award of Contract to Avison Construction, Inc. for the Safety Improvements at Various Locations; Federal Project No. HSIPL 5143(034) (JW)
a
RECOMMENDATION
Council to award the contract for the Safety Improvements at Various Locations to Avison Construction, Inc. in the amount of $2,057,721.00 and authorize the City Manager or designee to execute the contract documents.
City Engineer Watts presented the Safety Improvements Contract for various locations. Watts requested that the Council award the contract to Avison Construction, Inc.in the amount of $2,057,721.00.
A motion was made by Council Member Launer, second by Council Member Prado , to award the contract for the Safety Improvements at Various Locations to Avison Construction, Inc. in the amount of $2,057,721.00 and authorize the City Manager or designee to execute the contract documents.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
8.2. SUBJECT
Award of Contract to Avison Construction, Inc. for the FY 22/23 Street Reconstruction Projects (JW)
a
RECOMMENDATION
Council to award the contract for the FY 22/23 Street Reconstruction Projects to Avison Construction, Inc. in the amount of $2,088,095.00 and authorize the City Manager or designee to execute the contract documents.
City Engineer Watts presented the FY 22/23 Street Reconstruction Project. Watts requested that the Council award the contract to Avison Construction, Inc. in the amount of $2,088,095.00.
A motion was made by Council Member Prado , second by Council Member Launer, to award the contract for the FY 22/23 Street Reconstruction Projects to Avison Construction, Inc. in the amount of $2,088,095.00 and authorize the City Manager or designee to execute the contract documents.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
8.3. SUBJECT
Award of Contract to Pavement Coatings Company for the FY 22/23 Street Rehabilitation Project (JW)
a
RECOMMENDATION
Council to award the contract for the FY 22/23 Street Rehabilitation Project to Pavement Coatings Company in the amount of $536,342.85 and authorize the City Manager or designee to execute the contract documents.
City Engineer Watts presented the FY 22/23 Street Rehabilitation Project. Watts requested that the Council award the contract to Pavement Coating Company in the amount of $536,342.85. Watts advised that the rehabilitation areas were identified during the pavement management program.
Patlan recommended the approval of Add Alt. #5 for the bid submitted by Pavement Coatings Company.
A motion was made by Council Member Thusu, second by Council Member Prado , to award the contract for the FY 22/23 Street Rehabilitation Project to Pavement Coatings Company in the amount of $536,342.85 and authorize the City Manager or designee to execute the contract documents.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
8.4. SUBJECT
Award of Contract to JT2, Inc. DBA Todd Companies for the Nebraska Park Improvements Project (JW)
a
RECOMMENDATION
Council to award the contract for the Nebraska Park Improvements Project to JT2, Inc. DBA Todd Companies in the amount of $225,000.00 and authorize the City Manager or designee to execute the contract documents.
City Engineer Watts presented the contract for the Nebraska Park Improvements. Watts requested that the Council award the contract to JT2, Inc. DBA Todd Companies in the amount of $225,000.00. Watts advised that the Nebraska Park improvement will double the ponding basin capacity.
A motion was made by Council Member Thusu, second by Council Member Launer, to award the contract for the Nebraska Park Improvements Project to JT2, Inc. DBA Todd Companies in the amount of $225,000.00 and authorize the City Manager or designee to execute the contract documents.
Ayes: Launer, Prado , Reynosa, Thusu
Absent: Nerio-Guerrero
8.5. SUBJECT
2023 Water and Sewer Utility Rate Study - Rate Option Selection (GA) a
RECOMMENDATION
Council to receive information regarding the 2023 Water and Sewer Utility Rate Study, selected a preferred option, and direct staff to prepare the required Proposition 218 notice to utility customers.
Interim Public Works Director Avila presented information on the 2023 Water and Sewer Utility Rate Study for the Council to select the preferred option.
Avila advised that staff has worked with Willdan Financial Services on the 2023 water and sewer rate study. The research confirmed rate adjustments are necessary to maintain service levels.
Avila reviewed the three rate study tiers and advised that all three tiers would include a 90-day operating cash reserve. Avila advised that once the council made a recommendation there would be a public hearing with an estimated implementation date of October 1st.
The council selected tier option 3A.
9. MAYOR/COUNCIL REPORTS
Council Member Thusu reported attending a policy meeting in Pomona. Thusu advised that the TCRTA executive committee passed the budget for the year. TCAG has not made a decision on Porterville's withdrawal from the organization and has placed it back for Portevile to decide.
Council Member Launer attended the Fire department luncheon for the three probationary Firefighters. Launer asked for the city attorney to look into 9A72 and how it will impact the community. Launer reported attending various meetings.
Council member Prado reported attending the Ridge Creek Friday evening event and the EDC meeting.
Mayor Reynosa reported attending the Kiwanis Award dinner and the Fire department luncheon. Reynosa shared that it was a pleasure working with youth from city summer fun program who visited the Alta Historical Society event. Reynosa attended the Friday Concert at the park and the Ridge Creek Friday evening event both were well attended.
10. CITY MANAGER COMMUNICATIONS
City Manager Patlan reported that the former Rite Aide building is in the process of being split for a Ross and a second tenant. Patlan reported that Superior Grocers is making renovations and will soon be moving in. Patlan advised that a second Starbucks will be moving into the Mercantile Row area by fall.
11. CITY STAFF COMMUNICATIONS
Assistant City Manager James reported meeting with Interim Public Works Director Avila and Chief Iriarte regarding the industries for service program and will soon be coming up with a draft program.
Director Solis reported the current recruitment for a Part-Time and Full Time Billing clerk.
Solis advised there will be interviews on Thursday for the Full Time Accounting Technician II vacancy. Solis advised that the interim audit was conducted last week with the newAuditor, and the fiscal year end is June 30th. Staff is currently working on closing year-end.
City Attorney Yanez is presenting the permanent camping ordinance on consent for approval. Yanez has made the revisions requested by the council. Yanez reported that city staff has been working on implementation. Yanez is working on a shopping cart ordinance that will be presented to the council in July.
Police Chief Iriarte reported his department has been busy with interviews for Reserve Officers and the Police Department participated in the torch run on Thursday for Special Olympics.
Fire Chief Webster reported that four Firefighter Paramedics just completed the academy and two more firefighter EMT are attending the academy at the end of July. Webster reported that his department along with Police will have an illegal fireworks enforcement detail Friday, Saturday Sunday, and Tuesday.
Interim Public Works Director Avila reported conducting final interviews for Utility Workers. Avila reminded staff and the council that the Summer Clean up is July 8th from 7 a.m. to 3 p.m.
City Engineer Watts reported that he has several projects going to bid and that Caltrans gave the green light for the Kamm roundabout. Watts will continue to provide updates to the council on all projects.
Parks and Community Service Director Hurtado reported that the department is busy getting ready for events on Friday and Monday. Hurtado reported that the upcoming BBQ event has 12 competitors signed up so far.
12. CLOSED SESSION
12.1. Liability Claim (MA)
Pursuant to GC 54956.95; Claimant(s): Alejandro Jacobo.
Agency claimed against: City of Dinuba.
Claim was rejected.
12.2. Liability Claim (MA)
Pursuant to GC 54956.95; Claimant(s): Bertha Yepez.
Agency Claimed Against: City of Dinuba.
Claim was rejected.
13. ADJOURNMENT
Mayor Reynosa adjourned the meeting at 8:43 p.m.
City Council Staff Report
Department: CITY MANAGER'S OFFICE July 11, 2023
To: Mayor and City Council
From: Maria Alaniz, City Clerk/Human Resources Director Subject:
Resolution No. 2023-38 Industrial Disability Retirement of Jason Kent (MA)
RECOMMENDATION
Council to adopt Resolution No. 2023-38 allowing Jason Kent to be placed on industrial disability retirement.
EXECUTIVE SUMMARY
Resolution No. 2023-38 is being submitted to the City Council declaring Jason Kent, a City of Dinuba Police Sergeant, to be disabled as required by the California Public Employees' Retirement System (CalPERS) in order for him to qualify for industrial disabiility retirement by the California Public Employees' Retirement Law.
OUTSTANDING ISSUES
None.
DISCUSSION
Jason Kent will retire from his position as a Police Sergeant with the City of Dinuba effective July 31, 2023. Mr. Kent has filed an application with CalPERS for the industrial disability retirement. Medical information received and reviewed by the city indicates that Mr. Kent is disabled to the capacity that he is unable to perform the duties of a Police Sergeant. The City Council must adopt a resolution finding and determining that Mr. Kent is eligible for industrial disability retirement.
Staff recommends Council adopt Resolution No. 2023-38 allowing Jason Kent to be placed on industrial disability retirement.
FISCAL IMPACT
None.
PUBLIC HEARING
None required.
ATTACHMENTS:
Description
A. Resolution No. 2023-38
RESOLUTION NO. 2023-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DINUBA
(Section 21156, Government Code)
WHEREAS, the City of Dinuba (hereinafter referred to as Agency) is a contracting agency of the California Public Employees’ Retirement System (CalPERS); WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which she is classified as a local safety member is disabled for purposes of the California Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such law; WHEREAS, an application for industrial disability retirement of an illness from Jason Kent, employed by the Agency in the position of Police Sergeant, has been filed with CalPERS; and
WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED that the City Council find and determine and it does hereby find and determine that Jason Kent is incapacitated within the meaning of the California Public Employees’ Retirement Law for performance of his duties in the position of Police Sergeant and does hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process in accordance with Government Code section 211569(a) (2). If the disciplinary process occurred before the member’s separation from employment, all relevant personnel documents were forwarded to CalPERS for determination of the member’s eligibility for disability retirement and CalPERS’ determination that the member is eligible to apply for disability retirement was obtained prior to starting the process of determination.
Jason Kent had filed a Worker’s Compensation claim for her disabling condition. The Worker’s Compensation claim was accepted.
BE IT FURTHER RESOLVED THAT the City Council find and determine and it does hereby find and determine that such disability is a result of injury or disease arising out of and in the course of employment.
Neither said Jason Kent nor the agency, City of Dinuba applied to the Worker’s Compensation Appeals Board for a determination pursuant to Government Code section 21166 whether such disability is industrial.
BE IT FURTHER RESOLVED that the member will be separated from his employment in the position of Sergeant after expiration of her rights under Government Code Section 21164, effective August 1, 2023 and that no dispute as to the expiration of such leave rights is pending. His last day on pay status is July 31, 2023.
There is not a possibility of third party liability.
Advanced Disability Pension payments will not be made.
The primary disabling condition is internal.
The duration of the disabling condition is expected to be permanent, which is certified by the competent medical opinion, as determined on the basis of competent medical opinion.
PASSED AND ADOPTED this 11 day of July 2023 by the following vote:
AYES:
NOES:
ABSENT
ABSTAIN:
___________________________________
Mayor
ATTEST:
__________________________________
City Clerk
City Council Staff Report
Department: CITY CLERK July 11, 2023
To: Mayor and City Council
From: Maria Alaniz, City Clerk/Human Resources Director Subject: Request for Excused Absence Vice Mayor Rachel Nerio-Guerrero (MA)
RECOMMENDATION
Council to excuse the absence of Vice Mayor Rachel Nerio-Guerrero from the City Council meeting of June 27, 2023.
EXECUTIVE SUMMARY
None.
OUTSTANDING ISSUES
None.
DISCUSSION
Vice Mayor Rachel Nerio-Guerrero was unable to attend the City Council meeting on June 27, 2023. Vice Mayor Nerio-Guerrero has requested that the City Council excuse her absence from the June 27, 2023 meeting.
FISCAL IMPACT
None.
PUBLIC HEARING
None required.
City Council Staff Report
Department: FINANCE SERVICES July 11, 2023
To: Mayor and City Council
From: Karina Solis, Administrative Services Director
By: Maria Alaniz, City Clerk/Human Resources Director
Subject: Warrant Register June 30 & July 7, 2023 (KS)
RECOMMENDATION
Council to review and approve the Warrant Register as presented.
EXECUTIVE SUMMARY
None.
OUTSTANDING ISSUES
None.
DISCUSSION
None.
FISCAL IMPACT
None.
PUBLIC HEARING
None request.
ATTACHMENTS:
Description
WR 06.30.2023
WR 07.07.2023
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 385 - 4 Creeks, Inc.
22368-28076 4 Creeks Road 74 Street
Improvements
Paid by Check #42354 04/20/2023 06/30/2023 06/30/2023 06/30/2023 5,033.95 Vendor 385 - 4 Creeks, Inc. Totals Invoices 1 $5,033.95 Vendor 72 - A-C Electric Company
59389 CNG STATION Paid by Check #42355 05/09/2023 06/30/2023 06/30/2023 06/30/2023 2,352.00 Vendor 72 - A-C Electric Company Totals Invoices 1 $2,352.00 Vendor 263 - Advantek Benefit Administrators
06/09/2023 06/09/2023 Funding Request Paid by Check #42356 06/09/2023 06/30/2023 06/30/2023 06/30/2023 34,088.37 06/23/2023 06/23/2023 Funding Request Paid by Check #42356 06/23/2023 06/30/2023 06/30/2023 06/30/2023 60,771.54 Vendor 263 - Advantek Benefit Administrators Totals Invoices 2 $94,859.91 Vendor 393 - Airgas NCN
9138785247 Supplies Paid by Check #42357 06/07/2023 06/30/2023 06/30/2023 06/30/2023 904.08 Vendor 393 - Airgas NCN Totals Invoices 1 $904.08
Vendor 416 - Amber Chemical Inc.
0378199-IN supplies Paid by Check #42358 06/13/2023 06/30/2023 06/30/2023 06/30/2023 1,546.78 Vendor 416 - Amber Chemical Inc. Totals Invoices 1 $1,546.78 Vendor 351 - Anthem Blue Cross
000286532256 FY 2024 HARMAN 532W04713
07/01/23-07/31/23
Paid by Check #42360 06/04/2023 06/30/2023 06/30/2023 06/30/2023 94.50 000287982493 FY 2024 TYLER 141A75193
07/01/23-07/31/23
Paid by Check #42359 06/07/2023 06/30/2023 06/30/2023 06/30/2023 256.76 Vendor 351 - Anthem Blue Cross Totals Invoices 2 $351.26 Vendor 21 - Aramark Uniform Services Inc.
5031220316 Fy 22/23-Parks-Uniforms for the
week of 6/21/23
Paid by Check #42361 06/21/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 65.45 Vendor 21 - Aramark Uniform Services Inc. Totals Invoices 1 $65.45 Vendor 17 - AT&T
939105447506/23 CS Telephone 05/10/23-06/09/23 Paid by Check #42362 06/10/2023 06/30/2023 06/30/2023 06/30/2023 24.30 939106901206/23 Sportsplex - Telephone 05/10/23-
06/09/23
Paid by Check #42364 06/10/2023 06/30/2023 06/30/2023 06/30/2023 66.55 939105474406/23 CS Telephone 05/11/23-06/10/23 Paid by Check #42363 06/11/2023 06/30/2023 06/30/2023 06/30/2023 248.41 9391054736 06/23 PD - 05/20/2023 - 06/19/2023
Billing Charges
Paid by Check #42371 06/20/2023 06/30/2023 06/30/2023 06/30/2023 130.80 939103727706/23 PW - Telephone 05/10/23-
06/09/23
Paid by Check #42365 06/10/2023 06/23/2023 06/23/2023 06/30/2023 26.85 939105447206/23 PW - telephone 05/10/23-
06/09/23
Paid by Check #42366 06/10/2023 06/23/2023 06/23/2023 06/30/2023 47.04 Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 1 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 939105447406/23 PW - Telephone 05/10/23-
06/09/23
Paid by Check #42367 06/10/2023 06/23/2023 06/23/2023 06/30/2023 47.55 939105447706/23 PW - Telephone 05/10/23-
06/09/23
Paid by Check #42368 06/10/2023 06/23/2023 06/23/2023 06/30/2023 24.29 939105447806/23 PW - telephone 05/10/23-
06/09/23
Paid by Check #42369 06/10/2023 06/23/2023 06/23/2023 06/30/2023 24.29 939105474106/23 PW - Telephone 05/11/23-
06/10/23
Paid by Check #42370 06/11/2023 06/23/2023 06/23/2023 06/30/2023 299.63 Vendor 17 - AT&T Totals Invoices 10 $939.71
Vendor 289 - AT&T Mobility LLC
2872932128686/23 1088 E KAMM AVE 05/17/23-
06/19/23
Paid by Check #42372 06/16/2023 06/23/2023 06/23/2023 06/30/2023 255.58 Vendor 289 - AT&T Mobility LLC Totals Invoices 1 $255.58 Vendor 420 - Atlas Copco Compressors LLC
1123061999 supplies Paid by Check #42373 06/20/2023 06/30/2023 06/30/2023 06/30/2023 101.00 1123063324 supplies Paid by Check #42373 06/20/2023 06/30/2023 06/30/2023 06/30/2023 101.00 1123065262 supplies Paid by Check #42373 06/27/2023 06/30/2023 06/30/2023 06/30/2023 101.00 Vendor 420 - Atlas Copco Compressors LLC Totals Invoices 3 $303.00 Vendor 1869 - Bass Mekanics Car Audio
Eli0001 Fy 22/23-Rec Staff Shirts Paid by Check #42374 06/22/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 84.00 Rec0005 Fy 22/23-Sports Prog-Majors
Softball & Baseball shirts
Paid by Check #42374 06/22/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 265.00 Vendor 1869 - Bass Mekanics Car Audio Totals Invoices 2 $349.00 Vendor 376 - BCS Consulting, LLC
2023112 Transit Center Conduit Probing for
Buses
Paid by Check #42375 06/14/2023 06/30/2023 06/30/2023 06/30/2023 4,621.35 Vendor 376 - BCS Consulting, LLC Totals Invoices 1 $4,621.35 Vendor 116 - BSK Analytical Laboratories
AG14448 water treatment Paid by Check #42376 06/26/2023 06/30/2023 06/30/2023 06/30/2023 152.00 AG14449 water treatment Paid by Check #42376 06/26/2023 06/30/2023 06/30/2023 06/30/2023 19.00 Vendor 116 - BSK Analytical Laboratories Totals Invoices 2 $171.00 Vendor 94 - California Public Employees Retirement
06/04-06/17/23 06/04/23-06/17/23 Paid by EFT #2492 06/23/2023 06/27/2023 06/27/2023 06/27/2023 83,225.75 2023-00000458 31 - 457 - Employee CalPERS $* Paid by EFT #2491 06/23/2023 06/27/2023 06/27/2023 06/27/2023 8,528.98 Vendor 94 - California Public Employees Retirement Totals Invoices 2 $91,754.73 Vendor 305 - Cartozian Air Conditioning and Heating Inc. 18988 Fy 22/23-CS-No cooling at the
CPR building
Paid by Check #42377 05/10/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 720.40 Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 2 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 18989 Fy 22/23-CS-Seasonal service @
CPR building
Paid by Check #42377 05/10/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 625.00 18991 Fy 22/23-CS-A/C unit icing up @
CPR building
Paid by Check #42377 05/11/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 440.50 19075 Fy 22/23-CS-Replaced compressor
at CPR Building
Paid by Check #42377 05/23/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 2,432.45 19016 SEASONAL MAINTENANCE PW Paid by Check #42377 05/16/2023 06/30/2023 06/30/2023 06/30/2023 625.00 Vendor 305 - Cartozian Air Conditioning and Heating Inc. Totals Invoices 5 $4,843.35 Vendor 896 - Central Valley Refrigeration, Inc.
50807 DSC FRIDGE REPAIR 6/20/23 Paid by Check #42378 06/20/2023 06/30/2023 06/30/2023 06/30/2023 398.03 Vendor 896 - Central Valley Refrigeration, Inc. Totals Invoices 1 $398.03 Vendor 333 - Cintas Corporation No. 2
1904038077 PD - Volunteers Presidential
Awards Jackets
Paid by Check #42379 06/08/2023 06/30/2023 06/30/2023 06/30/2023 410.51 Vendor 333 - Cintas Corporation No. 2 Totals Invoices 1 $410.51 Vendor 8 - City of Dinuba
PettyCash 6/2023 FD-Petty Cash Reimbursement Paid by Check #42380 06/26/2023 06/30/2023 06/30/2023 06/30/2023 351.11 061623 Fy 22/23-CS-Reimburse office
petty cash box
Paid by Check #42381 06/16/2023 06/30/2023 06/30/2023 06/16/2023 06/30/2023 34.70 2022-2023 PW-Petty Cash Reibursement Paid by Check #42382 06/30/2023 06/30/2023 06/30/2023 06/30/2023 206.30 Vendor 8 - City of Dinuba Totals Invoices 3 $592.11
Vendor 1838 - Coalinga-Huron Recreation & Park District 327 Fy 22/23-Fund 191/Sports-5
lifeguard certifications
Paid by Check #42383 06/14/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 875.00 Vendor 1838 - Coalinga-Huron Recreation & Park District Totals Invoices 1 $875.00 Vendor 731 - Community Services & Employment Training, Inc. 1 KC Vista KC Vista-Concrete Pour Paid by Check #42384 05/26/2023 06/30/2023 06/30/2023 06/30/2023 1,218.22 SEFFS-DIKCV-09 KC Vista Park Pedistrian Paid by Check #42384 06/21/2023 06/30/2023 06/30/2023 06/30/2023 4,484.39 Vendor 731 - Community Services & Employment Training, Inc. Totals Invoices 2 $5,702.61 Vendor 1576 - Creative Asphalt, Inc.
8258 ASPHALT REPAIRS Paid by Check #42385 06/21/2023 06/30/2023 06/30/2023 06/30/2023 3,550.00 Vendor 1576 - Creative Asphalt, Inc. Totals Invoices 1 $3,550.00 Vendor 30 - Dinuba Chamber of Commerce
12/2022-06/2023 DINUBA MAIN STREET FUND Paid by Check #42386 06/30/2023 06/30/2023 06/30/2023 06/30/2023 4,228.35 Vendor 30 - Dinuba Chamber of Commerce Totals Invoices 1 $4,228.35 Vendor 23 - Entenmann-Rovin Co.
0174281-IN Badges Paid by Check #42387 06/19/2023 06/30/2023 06/30/2023 06/30/2023 408.28 Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 3 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 23 - Entenmann-Rovin Co. Totals Invoices 1 $408.28 Vendor 16 - Ernest Packaging Solutions
90770581 Fy 22/23-Parks-Janitorial supplies Paid by Check #42388 06/14/2023 06/30/2023 06/30/2023 06/20/2023 06/30/2023 65.27 Vendor 16 - Ernest Packaging Solutions Totals Invoices 1 $65.27 Vendor 1954 - Fahrney Buick GMC
40821 UNIT PD-6 Paid by Check #42389 06/23/2023 06/30/2023 06/30/2023 06/30/2023 502.80 Vendor 1954 - Fahrney Buick GMC Totals Invoices 1 $502.80 Vendor 35 - Federal Express Corporation
8-171-00459 PD - Delivery Fees Paid by Check #42390 06/23/2023 06/30/2023 06/30/2023 06/30/2023 174.80 Vendor 35 - Federal Express Corporation Totals Invoices 1 $174.80 Vendor 1244 - Fire Apparatus Solutions
26564 Supplies Paid by Check #42391 06/19/2023 06/30/2023 06/30/2023 06/30/2023 142.00 26615 Supplies Paid by Check #42391 06/20/2023 06/30/2023 06/30/2023 06/30/2023 331.67 26608 UNIT E-31 Paid by Check #42391 06/20/2023 06/30/2023 06/30/2023 06/30/2023 273.72 Vendor 1244 - Fire Apparatus Solutions Totals Invoices 3 $747.39 Vendor 1404 - Fireworks America
070323#2 Fy 23/24-SE-Indp Day-Fireworks
show bal for 7/3/23 event
Paid by Check #42392 06/09/2023 06/30/2023 06/30/2023 06/09/2023 06/30/2023 10,000.00 Vendor 1404 - Fireworks America Totals Invoices 1 $10,000.00 Vendor 18 - The Gas Company
1641156700706/23 110 S COLLEGE AVE 05/03/23-
06/02/23
Paid by Check #42395 06/06/2023 06/23/2023 06/23/2023 06/30/2023 33.86 0865742471206/23 NATURAL GAS VEHICLE FUEL
05/01/23-06/01/23
Paid by Check #42393 06/07/2023 06/23/2023 06/23/2023 06/30/2023 13.00 1285520359706/23 1088 E KAMM AVE 05/04/23-
06/05/23
Paid by Check #42394 06/07/2023 06/23/2023 06/23/2023 06/30/2023 25.40 Vendor 18 - The Gas Company Totals Invoices 3 $72.26
Vendor 1423 - Gina Marie Taylor
062623 Fy 23/24-SE-SNL entertinment
band for 7/7/23
Paid by Check #42396 06/26/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 600.00 Vendor 1423 - Gina Marie Taylor Totals Invoices 1 $600.00 Vendor 712 - GLS US
5046963 POSTAGE Paid by Check #42397 06/04/2023 06/30/2023 06/30/2023 06/30/2023 7.04 5052297 POSTAGE Paid by Check #42397 06/11/2023 06/30/2023 06/30/2023 06/30/2023 7.04 5057836 POSTAGE Paid by Check #42397 06/18/2023 06/30/2023 06/30/2023 06/30/2023 20.08 Vendor 712 - GLS US Totals Invoices 3 $34.16
Vendor 1031 - Joe Grijalva
Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 4 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 062523 FY 22/23-Parks-Reimb of work
boots for J.Grijalva
Paid by Check #42398 06/25/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 200.00 Vendor 1031 - Joe Grijalva Totals Invoices 1 $200.00
Vendor 605 - Frank Guerra
JUNE 2023 Anthem Reimb 06/01/23-
06/30/23
Paid by Check #42399 06/23/2023 06/30/2023 06/30/2023 06/30/2023 245.64 Vendor 605 - Frank Guerra Totals Invoices 1 $245.64
Vendor 139 - Henry Schein Inc.
41195244 Supplies Paid by Check #42400 06/05/2023 06/30/2023 06/30/2023 06/30/2023 432.11 41221238 Supplies Paid by Check #42400 06/05/2023 06/30/2023 06/30/2023 06/30/2023 22.61 41597924 Supplies Paid by Check #42400 06/07/2023 06/30/2023 06/30/2023 06/30/2023 1,499.15 42075375 Supplies Paid by Check #42400 06/09/2023 06/30/2023 06/30/2023 06/30/2023 304.25 42832428 Supplies Paid by Check #42400 06/16/2023 06/30/2023 06/30/2023 06/30/2023 2,137.96 42847513 Supplies Paid by Check #42400 06/16/2023 06/30/2023 06/30/2023 06/30/2023 590.82 Vendor 139 - Henry Schein Inc. Totals Invoices 6 $4,986.90 Vendor 1150 - Hoffman Security
627892 FY 23/24 DSC SECURITY
07/01/2023-07/31/2023
Paid by Check #42401 06/20/2023 06/30/2023 06/30/2023 06/30/2023 111.00 Vendor 1150 - Hoffman Security Totals Invoices 1 $111.00 Vendor 133 - J & D Lighting & Alarm
157794 Fy 23/24-Parks-Quartlery mont
for 7/1/23-9/30/23
Paid by Check #42402 06/15/2023 06/30/2023 06/30/2023 06/20/2023 06/30/2023 104.85 Vendor 133 - J & D Lighting & Alarm Totals Invoices 1 $104.85 Vendor 560 - Daniel James
2023 Employee Reimburse 2023 Employee
luncheon drinks
Paid by Check #42403 06/28/2023 06/30/2023 06/30/2023 06/30/2023 86.52 Vendor 560 - Daniel James Totals Invoices 1 $86.52
Vendor 1718 - JCL Company, LLC
0620234952 SHOP EQUIPMENT Paid by Check #42404 06/20/2023 06/30/2023 06/30/2023 06/30/2023 379.75 0621235004 SHOP EQUIPMENT Paid by Check #42404 06/21/2023 06/30/2023 06/30/2023 06/30/2023 3,694.43 Vendor 1718 - JCL Company, LLC Totals Invoices 2 $4,074.18 Vendor 440 - Johnson Controls Security Solutions
38963806 SECURITY WATER TOWER Paid by Check #42405 06/10/2023 06/30/2023 06/30/2023 06/30/2023 82.52 Vendor 440 - Johnson Controls Security Solutions Totals Invoices 1 $82.52 Vendor 5 - Jorgensen & Co.
6073579 Fy 22/23-CS-Annual fire ext
service
Paid by Check #42406 06/16/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 95.70 Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 5 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 5 - Jorgensen & Co. Totals Invoices 1 $95.70
Vendor 256 - Kamps Propane Inc.
33500 PROPANE Paid by Check #42407 06/20/2023 06/30/2023 06/30/2023 06/30/2023 2,644.09 Vendor 256 - Kamps Propane Inc. Totals Invoices 1 $2,644.09 Vendor 796 - L.N. Curtis & Sons
INV715384 Safety Equipment Paid by Check #42408 06/15/2023 06/30/2023 06/30/2023 06/30/2023 268.18 Vendor 796 - L.N. Curtis & Sons Totals Invoices 1 $268.18 Vendor 281 - Law and Associates Investigations
23-140 Schlegel Paid by Check #42409 06/17/2023 06/30/2023 06/30/2023 06/30/2023 700.00 Vendor 281 - Law and Associates Investigations Totals Invoices 1 $700.00 Vendor 89 - Liebert Cassidy Whitmore
242838 DI030-00022 Client/Matter May
2023
Paid by Check #42410 05/31/2023 06/30/2023 06/30/2023 06/30/2023 1,347.50 Vendor 89 - Liebert Cassidy Whitmore Totals Invoices 1 $1,347.50 Vendor 1913 - Metro Uniform & Accessories
265122 PD - Explorers Uniforms Paid by Check #42411 06/26/2023 06/30/2023 06/30/2023 06/30/2023 811.29 Vendor 1913 - Metro Uniform & Accessories Totals Invoices 1 $811.29 Vendor 1943 - Mineral King Publishing, Inc
711554 Fy 22/23-CS-Public Notice for
Maint Contractor
Paid by Check #42412 06/07/2023 06/30/2023 06/30/2023 06/19/2023 06/30/2023 430.13 Vendor 1943 - Mineral King Publishing, Inc Totals Invoices 1 $430.13 Vendor 22 - Moore Twining Associates Inc.
3372461 Moore WWTP Industrial Paid by Check #42413 06/21/2023 06/30/2023 06/30/2023 06/30/2023 88.00 3372462 Moore WWTP In House Paid by Check #42413 06/21/2023 06/30/2023 06/30/2023 06/30/2023 226.00 3372468 Moore WWTP Industrial Paid by Check #42413 06/21/2023 06/30/2023 06/30/2023 06/30/2023 88.00 Vendor 22 - Moore Twining Associates Inc. Totals Invoices 3 $402.00 Vendor 749 - MuniServices
INV06-016230 STARS CA -Q4, 2022 Paid by Check #42414 04/06/2023 06/30/2023 06/30/2023 06/30/2023 450.00 Vendor 749 - MuniServices Totals Invoices 1 $450.00
Vendor 899 - NBS
202306-2146 FY 23/24 Professional Services
07/01/2023-09/30/2023
Paid by Check #42415 06/20/2023 06/30/2023 06/30/2023 06/30/2023 1,255.37 202306-2152 FY 23/24 Professional Services
07/01/2023-09/30/2023
Paid by Check #42415 06/20/2023 06/30/2023 06/30/2023 06/30/2023 7,469.60 202306-2365 CFD 2018-1 Reminder letters Paid by Check #42415 06/22/2023 06/30/2023 06/30/2023 06/30/2023 31.20 Vendor 899 - NBS Totals Invoices 3 $8,756.17
Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 6 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 392 - O'Reilly Auto Parts
3641-133279 Supplies Paid by Check #42416 06/19/2023 06/30/2023 06/30/2023 06/30/2023 39.03 Vendor 392 - O'Reilly Auto Parts Totals Invoices 1 $39.03 Vendor 142 - Office Depot BSD
317235092001 Office Supplies Paid by Check #42417 06/15/2023 06/30/2023 06/30/2023 06/30/2023 297.31 317617721001 Fy 2/23-CS-office supplies Paid by Check #42417 06/12/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 531.78 317871294001 Fy 22/23-CS-Office supplies Paid by Check #42417 06/14/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 96.42 317169760001 PD - Supplies Paid by Check #42417 06/09/2023 06/30/2023 06/30/2023 06/30/2023 295.59 Vendor 142 - Office Depot BSD Totals Invoices 4 $1,221.10 Vendor 1708 - James Olvera
July 2023 FY 2024 Anthem Reimb
07/01/2023-07/31/2023
Paid by Check #42418 06/23/2023 06/30/2023 06/30/2023 06/30/2023 251.75 Vendor 1708 - James Olvera Totals Invoices 1 $251.75
Vendor 76 - Pacific Gas & Electric
3166578419006/23 3007 W KAMM AVE 05/18/23-
06/15/23
Paid by Check #42445 06/16/2023 06/30/2023 06/30/2023 06/30/2023 464.50 1693144969406/23 Parks - N/KAMM E/GREEN
05/10/23-06/08/23
Paid by Check #42420 06/09/2023 06/30/2023 06/30/2023 06/30/2023 492.08 6021181187606/23 Sportsplex - 201 N URUAPAN
WAY 05/09/23-06/07/23
Paid by Check #42423 06/09/2023 06/30/2023 06/30/2023 06/30/2023 2,359.36 7748430711906/23 Parks 1133 S COLLEGE AVE
05/10/23-06/08/23
Paid by Check #42424 06/09/2023 06/30/2023 06/30/2023 06/30/2023 21.14 2946520700806/23 L & L 05/11/23-06/09/23 Paid by Check #42421 06/10/2023 06/30/2023 06/30/2023 06/30/2023 134.08 1557710974506/23 Parks - 1851 E KAMM AVE
05/11/23-06/09/23
Paid by Check #42419 06/12/2023 06/30/2023 06/30/2023 06/30/2023 1,884.22 8319024072706/23 Parks SW SW 16-16-24 05/11/23-
06/09/23
Paid by Check #42425 06/12/2023 06/30/2023 06/30/2023 06/30/2023 25.74 4323390246906/23 L & L CITRUS HEIGHTS VENTURA
AND O 05/17/23-06/14/23
Paid by Check #42422 06/14/2023 06/30/2023 06/30/2023 06/30/2023 70.46 8543598174206/23 L & L 05/17/23-06/14/23 Paid by Check #42426 06/14/2023 06/30/2023 06/30/2023 06/30/2023 227.93 9018373735306/23 L & L DUNMORE HOMES VISCAYA
1 AT SAGINA 05/17/23-06/14/23
Paid by Check #42427 06/14/2023 06/30/2023 06/30/2023 06/30/2023 1,033.06 9196176758806/23 L & L SIERRA WAY AND BUENA
VISTA AVE 05/17/23-06/14/23
Paid by Check #42428 06/14/2023 06/30/2023 06/30/2023 06/30/2023 93.75 5022214690906/23 L & L PARKSIDE VILLAGE PHASE
I 05/23/23-06/21/23
Paid by Check #42456 06/21/2023 06/30/2023 06/30/2023 06/30/2023 234.18 6402990649 06/23 PD - 05/18/2023 - 06/15/2023
Billing Charges
Paid by Check #42446 06/16/2023 06/30/2023 06/30/2023 06/30/2023 16.56 1344455159506/23 NW COR M & VENTURA AVE
05/09/23-06/07/23
Paid by Check #42429 06/08/2023 06/23/2023 06/23/2023 06/30/2023 86.20 2104753778806/23 155 W MERCED AVE 05/09/23-
06/07/23
Paid by Check #42434 06/08/2023 06/23/2023 06/23/2023 06/30/2023 72.37 6058049267006/23 148 S M ST 05/09/23-06/07/23 Paid by Check #42439 06/08/2023 06/23/2023 06/23/2023 06/30/2023 47.57 Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 7 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 6308054466906/23 ALLEY BTWN L & K ST 05/09/23-
06/07/23
Paid by Check #42440 06/08/2023 06/23/2023 06/23/2023 06/30/2023 9.86 1834091213006/23 100 N/MARSHALL AVE 05/10/23-
06/08/23
Paid by Check #42432 06/09/2023 06/23/2023 06/23/2023 06/30/2023 9.86 4964113683006/23 MILSAP & MYRTLE ALLEY
05/09/23-06/07/23
Paid by Check #42436 06/09/2023 06/23/2023 06/23/2023 06/30/2023 132.97 5167308560406/23 S/E KAMM & ALTA 05/10/23-
06/08/23
Paid by Check #42438 06/09/2023 06/23/2023 06/23/2023 06/30/2023 109.97 6724721106206/23 TULARE & L ST 05/10/23-
06/08/23
Paid by Check #42441 06/09/2023 06/23/2023 06/23/2023 06/30/2023 99.20 6766387770106/23 TULARE & L ST 05/10/23-
06/08/23
Paid by Check #42442 06/09/2023 06/23/2023 06/23/2023 06/30/2023 53.68 8744095279106/23 301 E KAMM AVE 05/10/23-
06/08/23
Paid by Check #42444 06/09/2023 06/23/2023 06/23/2023 06/30/2023 23.45 5027356573406/23 RANDLE AVE S/EL MONTE
05/11/23-06/09/23
Paid by Check #42437 06/10/2023 06/23/2023 06/23/2023 06/30/2023 50.26 8474719951506/23 ALTA & KAMM AVE 05/11/23-
06/09/23
Paid by Check #42443 06/10/2023 06/23/2023 06/23/2023 06/30/2023 91.70 1349716235706/23 KAMM & GREEN 05/10/23-
06/08/23
Paid by Check #42430 06/12/2023 06/23/2023 06/23/2023 06/30/2023 10,598.44 2073277197506/23 1088 E KAMM AVE 05/11/23-
06/09/23
Paid by Check #42433 06/12/2023 06/23/2023 06/23/2023 06/30/2023 874.26 1561888272206/23 PW 05/13/23-06/12/23 Paid by Check #42431 06/13/2023 06/23/2023 06/23/2023 06/30/2023 130.37 3380779542306/23 2007 N CRAWFORD AVE
05/12/23-06/11/23
Paid by Check #42435 06/13/2023 06/23/2023 06/23/2023 06/30/2023 260.31 0915078178006/23 PW 05/17/23-06/14/23 Paid by Check #42447 06/14/2023 06/23/2023 06/23/2023 06/30/2023 1,766.15 6407995725006/23 PW 05/15/23-06/12/23 Paid by Check #42450 06/14/2023 06/23/2023 06/23/2023 06/30/2023 1,161.76 7232679737906/23 PW 05/17/23-06/14/23 Paid by Check #42452 06/14/2023 06/23/2023 06/23/2023 06/30/2023 15,678.67 9179222553306/23 PW 05/17/23-06/14/23 Paid by Check #42454 06/14/2023 06/23/2023 06/23/2023 06/30/2023 936.26 9548749847906/23 ALTA & NEBRASKA AVE 05/13/23
-06/12/23
Paid by Check #42455 06/15/2023 06/23/2023 06/23/2023 06/30/2023 95.03 8866956432506/23 NW SE SW 18 16 24 05/18/23-
06/15/23
Paid by Check #42453 06/16/2023 06/23/2023 06/23/2023 06/30/2023 30.05 5949665550306/23 6675 AVE 412 05/18/23-06/15/23 Paid by Check #42449 06/20/2023 06/23/2023 06/23/2023 06/30/2023 23.82 6744215678106/23 6675 AVE 412 05/18/23-06/15/23 Paid by Check #42451 06/20/2023 06/23/2023 06/23/2023 06/30/2023 4,327.76 3616571038906/23 2099 W SIERRA WAY A 05/19/23-
06/19/23
Paid by Check #42448 06/21/2023 06/23/2023 06/23/2023 06/30/2023 6,878.39 Vendor 76 - Pacific Gas & Electric Totals Invoices 38 $50,605.42 Vendor 265 - Pape Machinery Inc.
NM 316525 S JOHN DEERE 310L Backhoe
Loader
Paid by Check #42457 06/13/2023 06/30/2023 06/30/2023 06/30/2023 135,604.37 Vendor 265 - Pape Machinery Inc. Totals Invoices 1 $135,604.37 Vendor 7 - Pena's Disposal Services
Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 8 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 746374 Fy 22/23-Parks-Disposal service
for vuich park
Paid by Check #42458 06/20/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 332.32 746380 SWEEPER DIRT Paid by Check #42458 06/20/2023 06/30/2023 06/30/2023 06/30/2023 414.22 Vendor 7 - Pena's Disposal Services Totals Invoices 2 $746.54 Vendor 38 - Reedley Irrigation System
RIS-POS02-47956 SUPPLIES Paid by Check #42459 06/07/2023 06/30/2023 06/30/2023 06/30/2023 763.36 RIS-POS02-47957 SUPPLIES Paid by Check #42459 06/07/2023 06/30/2023 06/30/2023 06/30/2023 261.14 RIS-POS02-47958 SUPPLIES Paid by Check #42459 06/07/2023 06/30/2023 06/30/2023 06/30/2023 43.64 Vendor 38 - Reedley Irrigation System Totals Invoices 3 $1,068.14 Vendor 1526 - Robert Soria Trucking
15167 FILL SAND Paid by Check #42460 06/12/2023 06/30/2023 06/30/2023 06/30/2023 288.00 Vendor 1526 - Robert Soria Trucking Totals Invoices 1 $288.00 Vendor 1707 - RRM Design Group
2249-01-0523 RRM Civic Square Conceptual Plan Paid by Check #42461 06/21/2023 06/30/2023 06/30/2023 06/30/2023 16,415.70 Vendor 1707 - RRM Design Group Totals Invoices 1 $16,415.70 Vendor 46 - Self Help Enterprises
DIN19HM 01-23 General Admin January 2023 Paid by Check #42462 06/05/2023 06/30/2023 06/30/2023 06/30/2023 972.00 DIN21HB 6/5/2023 General Admin-December 2022
Operating Cost
Paid by Check #42462 06/05/2023 06/30/2023 06/30/2023 06/30/2023 10.08 DIN21RE 6/5/2023 GENERAL ADMIN-Operating Cost
DECEMBER 2022
Paid by Check #42462 06/05/2023 06/30/2023 06/30/2023 06/30/2023 6.67 DIN19HM 02-23 General Admin February 2023 Paid by Check #42462 06/14/2023 06/30/2023 06/30/2023 06/30/2023 972.00 Vendor 46 - Self Help Enterprises Totals Invoices 4 $1,960.75 Vendor 409 - The Shirt Shak
1192 Fy 22/23-YS-Staff shirts Paid by Check #42463 06/30/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 1,841.18 Vendor 409 - The Shirt Shak Totals Invoices 1 $1,841.18 Vendor 1859 - Simplot Grower Solutions, Simplot Partners, Simplo 223015378 POND TREATMENT FOR GOLF
COURSE
Paid by Check #42464 06/06/2023 06/30/2023 06/30/2023 06/30/2023 39.01 223015466 SUPPLIES Paid by Check #42464 06/15/2023 06/30/2023 06/30/2023 06/30/2023 458.42 205088786 SUPPLIES Paid by Check #42464 06/22/2023 06/30/2023 06/30/2023 06/30/2023 857.59 Vendor 1859 - Simplot Grower Solutions, Simplot Partners, Simplo Totals Invoices 3 $1,355.02 Vendor 431 - Sparkletts
5080520 062223 PD - Water Coolers Service Paid by Check #42465 06/22/2023 06/30/2023 06/30/2023 06/30/2023 198.75 Vendor 431 - Sparkletts Totals Invoices 1 $198.75
Vendor 1447 - Monte Sylvester
Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 9 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount July 2023 FY 2024 Anthem Reimb
07/01/2023-07/31/2023
Paid by Check #42466 06/26/2023 06/30/2023 06/30/2023 06/30/2023 331.93 Vendor 1447 - Monte Sylvester Totals Invoices 1 $331.93 Vendor 92 - Target Specialty Products
INVP501178025 SUPPLIES Paid by Check #42467 06/14/2023 06/30/2023 06/30/2023 06/30/2023 1,062.43 Vendor 92 - Target Specialty Products Totals Invoices 1 $1,062.43 Vendor 189 - Terminix International
434397865 PD - Pest Control Service Paid by Check #42468 06/09/2023 06/30/2023 06/30/2023 06/30/2023 69.00 Vendor 189 - Terminix International Totals Invoices 1 $69.00 Vendor 1304 - TJKM
0054238 Safety Improvements at various
locations
Paid by Check #42469 05/31/2023 06/30/2023 06/30/2023 06/30/2023 1,796.15 Vendor 1304 - TJKM Totals Invoices 1 $1,796.15
Vendor 1633 - Toyota Industries Commercial Finance, Inc. 4003846925 LITTER VACUUM LEASE PAYMENT Paid by Check #42470 06/13/2023 06/30/2023 06/30/2023 06/30/2023 950.73 Vendor 1633 - Toyota Industries Commercial Finance, Inc. Totals Invoices 1 $950.73 Vendor 1736 - Andrew Trevino
INV0097 Fy 23/24-Sound & Lighting for
July 3rd, 2023 event
Paid by Check #42471 06/11/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 5,700.00 Vendor 1736 - Andrew Trevino Totals Invoices 1 $5,700.00 Vendor 49 - Tulare County
IN208470 Fy 22/23-SE-Temp Food
Organizer
Paid by Check #42472 06/05/2023 06/30/2023 06/30/2023 06/23/2023 06/30/2023 410.00 IN208827 Fy 22/23-SE-Food vendor fees for
7/3/23
Paid by Check #42472 06/26/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 606.00 Vendor 49 - Tulare County Totals Invoices 2 $1,016.00
Vendor 296 - Tulare Kings Veterinary Emergency
199765 PD - Vet Fees Paid by Check #42473 06/24/2023 06/30/2023 06/30/2023 06/30/2023 142.18 Vendor 296 - Tulare Kings Veterinary Emergency Totals Invoices 1 $142.18 Vendor 827 - Uline, Inc
164823824 Fy 22/23-Sportsplex-Power breeze
misting fan for the plex
Paid by Check #42474 06/14/2023 06/30/2023 06/30/2023 06/22/2023 06/30/2023 6,486.95 164721097 PD - Supplies Paid by Check #42474 06/12/2023 06/30/2023 06/30/2023 06/30/2023 37.69 Vendor 827 - Uline, Inc Totals Invoices 2 $6,524.64
Vendor 192 - UNUM Life Insurance Company of America
07/1/23-07/31/23 FY 23/24 0537123-001 Paid by Check #42475 06/09/2023 06/30/2023 06/30/2023 06/30/2023 10,511.29 Vendor 192 - UNUM Life Insurance Company of America Totals Invoices 1 $10,511.29 Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 10 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 51 - Urban Futures Inc.
2023-001 Successor Agency Service
12/2021
Paid by Check #42476 06/27/2023 06/30/2023 06/30/2023 06/30/2023 450.00 Vendor 51 - Urban Futures Inc. Totals Invoices 1 $450.00 Vendor 273 - US Bank
504198763 PD - Copiers Lease Paid by Check #42477 06/18/2023 06/30/2023 06/30/2023 06/30/2023 907.08 Vendor 273 - US Bank Totals Invoices 1 $907.08
Vendor 354 - Verizon Wireless
9937276908 CM & Council 05/15/23-06/14/23 Paid by Check #42479 06/14/2023 06/30/2023 06/30/2023 06/30/2023 286.00 9937276907 Administration 05/15/23-06/14/23 Paid by Check #42478 06/14/2023 06/30/2023 06/30/2023 06/30/2023 128.86 9937177495 June 2023 Paid by Check #42481 06/12/2023 06/30/2023 06/30/2023 06/30/2023 394.22 9937276905 FY22/23- Cell phone services -
Multiple divisions
Paid by Check #42482 06/14/2023 06/30/2023 06/30/2023 06/26/2023 06/30/2023 1,069.46 9936897400 PD - 05/11/2023 - 06/10/2023
Billing Charges
Paid by Check #42483 06/10/2023 06/30/2023 06/30/2023 06/30/2023 1,979.45 9937276904 ADMIN PHONE CHARGES Paid by Check #42480 06/14/2023 06/30/2023 06/30/2023 06/30/2023 267.35 Vendor 354 - Verizon Wireless Totals Invoices 6 $4,125.34 Vendor 820 - Vulcan Materials Company
73674830 SUPPLIES Paid by Check #42484 06/14/2023 06/30/2023 06/30/2023 06/30/2023 393.36 Vendor 820 - Vulcan Materials Company Totals Invoices 1 $393.36 Vendor 962 - Willdan Financial Services
010-54878 Utility Rate Study- Project 111216
May 2023
Paid by Check #42485 06/23/2023 06/30/2023 06/30/2023 06/30/2023 2,932.00 Vendor 962 - Willdan Financial Services Totals Invoices 1 $2,932.00 Vendor 1313 - Yepez Plumbing
08504 CAMERA INSPECTON Paid by Check #42486 06/15/2023 06/30/2023 06/30/2023 06/30/2023 500.00 08602 RUN MAIN LATERAL FROM
STREET TO PROPERTY
Paid by Check #42486 06/19/2023 06/30/2023 06/30/2023 06/30/2023 4,800.00 Vendor 1313 - Yepez Plumbing Totals Invoices 2 $5,300.00 Vendor Calviva
22-1678 Overpayment Run #22-1678 Paid by Check #42487 06/23/2023 06/30/2023 06/30/2023 06/30/2023 406.45 Vendor Calviva Totals Invoices 1 $406.45
Vendor Maria Chavez
Refund on fees Fy 22/23-Aquatics/Sports-Refund
on session1 level 2 for G.Tejeda
Paid by Check #42488 06/19/2023 06/30/2023 06/30/2023 06/19/2023 06/30/2023 34.00 Vendor Maria Chavez Totals Invoices 1 $34.00
Grand Totals Invoices 175 $516,757.72
Run by Rosemary Silva on 06/30/2023 09:27:38 AM Page 11 of 11 Accounts Payable Invoice Report
Payment Date Range 06/24/23 - 06/30/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 1143 - AAA Quality Services, Inc.
00338126 Fy 23/24-Parks-Rental of portable
potty/cleanings @ Centennial
Paid by Check #42496 07/01/2023 07/07/2023 07/07/2023 07/03/2023 07/07/2023 258.13 00338127 Fy 23/24-Parks-Rental of portable
potty/cleanings @ Nebraska
Paid by Check #42496 07/01/2023 07/07/2023 07/07/2023 07/03/2023 07/07/2023 280.13 Vendor 1143 - AAA Quality Services, Inc. Totals Invoices 2 $538.26 Vendor 326 - Advanced Flow Measurement
4747 FY 2023: ADD FLOW
MONITORING STATION TO GOLF
COURSE MAG WELL
Paid by Check #42497 04/01/2023 07/07/2023 07/07/2023 07/07/2023 7,915.57 Vendor 326 - Advanced Flow Measurement Totals Invoices 1 $7,915.57 Vendor 1180 - Altec Industries, Inc
51240480 FY 2023: ALTEC SUPPLIES AND
REPAIRS
Paid by Check #42498 06/21/2023 07/07/2023 07/07/2023 07/07/2023 1,154.00 Vendor 1180 - Altec Industries, Inc Totals Invoices 1 $1,154.00 Vendor 351 - Anthem Blue Cross
000756875E BILLING 07/01/2023-08/01/2023 Paid by Check #42499 06/22/2023 07/07/2023 07/07/2023 07/07/2023 722.75 Vendor 351 - Anthem Blue Cross Totals Invoices 1 $722.75 Vendor 65 - Banner Pest Control
211136 PD - Removal of Pigeons
Downtown
Paid by Check #42500 06/05/2023 07/07/2023 07/07/2023 07/07/2023 75.00 211341 PD - Removal of Pigeons
Downtown
Paid by Check #42500 06/13/2023 07/07/2023 07/07/2023 07/07/2023 75.00 Vendor 65 - Banner Pest Control Totals Invoices 2 $150.00 Vendor 1961 - Bar-B-Cuda BBQ
2 Fy 22/23-SE/SNL-Trophies
labor/material for BBQ & Brew
Fest
Paid by Check #42501 06/29/2023 07/07/2023 07/07/2023 06/29/2023 07/07/2023 2,700.00 Vendor 1961 - Bar-B-Cuda BBQ Totals Invoices 1 $2,700.00 Vendor 1513 - Barnes Welding
91620683 FY 2023: BARNES Paid by Check #42502 06/30/2023 07/07/2023 07/07/2023 07/07/2023 24.10 Vendor 1513 - Barnes Welding Totals Invoices 1 $24.10
Vendor 822 - Boundtree Medical LLC
85000074 Supplies Paid by Check #42503 06/23/2023 07/07/2023 07/07/2023 07/07/2023 1,598.80 Vendor 822 - Boundtree Medical LLC Totals Invoices 1 $1,598.80 Vendor 116 - BSK Analytical Laboratories
AG14735 FY 2023: WATER TREATMENT Paid by Check #42504 06/28/2023 07/07/2023 07/07/2023 07/07/2023 66.00 AG14607 FY 2023: WATER TREATMENT Paid by Check #42504 06/30/2023 07/07/2023 07/07/2023 07/07/2023 176.00 Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 1 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 116 - BSK Analytical Laboratories Totals Invoices 2 $242.00 Vendor 1620 - Central Valley Forensic Nursing Specialists 1551 PD - Lab Exam Service /
DF2301842, DF2302143,
DF2302155
Paid by Check #42505 06/30/2023 07/07/2023 07/07/2023 07/07/2023 3,600.00 Vendor 1620 - Central Valley Forensic Nursing Specialists Totals Invoices 1 $3,600.00 Vendor 333 - Cintas Corporation No. 2
4157928645 Contractual Paid by Check #42506 06/07/2023 07/07/2023 07/07/2023 07/07/2023 133.60 4157928794 Contractual Paid by Check #42506 06/07/2023 07/07/2023 07/07/2023 07/07/2023 47.88 4157928795 Contractual Paid by Check #42506 06/07/2023 07/07/2023 07/07/2023 07/07/2023 266.45 1904021679 Contractual Paid by Check #42506 06/08/2023 07/07/2023 07/07/2023 07/07/2023 180.03 4158587626 Contractual Paid by Check #42506 06/14/2023 07/07/2023 07/07/2023 07/07/2023 24.33 4158587639 Contractual Paid by Check #42506 06/14/2023 07/07/2023 07/07/2023 07/07/2023 288.06 4158587686 Contractual Paid by Check #42506 06/14/2023 07/07/2023 07/07/2023 07/07/2023 184.55 4158587734 Contractual Paid by Check #42506 06/14/2023 07/07/2023 07/07/2023 07/07/2023 105.88 4158587737 Contractual Paid by Check #42506 06/14/2023 07/07/2023 07/07/2023 07/07/2023 109.57 4159297589 Contractual Paid by Check #42506 06/21/2023 07/07/2023 07/07/2023 07/07/2023 47.88 4159297620 Contractual Paid by Check #42506 06/21/2023 07/07/2023 07/07/2023 07/07/2023 105.88 4159297652 Contractual Paid by Check #42506 06/21/2023 07/07/2023 07/07/2023 07/07/2023 266.45 4159989203 Contractual Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 24.33 4159989223 Contractual Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 311.39 4159989251 Contractual Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 103.68 4159989278 Contractual Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 220.83 4159989305 Contractual Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 185.41 4157341645 Contractual Paid by Check #42506 06/01/2023 07/07/2023 07/07/2023 07/07/2023 118.62 4158073412 Contractual Paid by Check #42506 06/08/2023 07/07/2023 07/07/2023 07/07/2023 118.62 4158756018 Contractual Paid by Check #42506 06/15/2023 07/07/2023 07/07/2023 07/07/2023 118.62 4159446700 Contractual Paid by Check #42506 06/22/2023 07/07/2023 07/07/2023 07/07/2023 118.62 4160169188 Contractual Paid by Check #42506 06/29/2023 07/07/2023 07/07/2023 07/07/2023 118.62 1904083672 PD - Volunteer Coordinator Jacket Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 69.93 4157341571 Contractual Paid by Check #42506 06/01/2023 07/07/2023 07/07/2023 07/07/2023 161.64 4157341638 Contractual Paid by Check #42506 06/01/2023 07/07/2023 07/07/2023 07/07/2023 1,159.58 4157928648 Contractual Paid by Check #42506 06/07/2023 07/07/2023 07/07/2023 07/07/2023 236.91 4158073413 Contractual Paid by Check #42506 06/08/2023 07/07/2023 07/07/2023 07/07/2023 161.23 4158073562 Contractual Paid by Check #42506 06/08/2023 07/07/2023 07/07/2023 07/07/2023 1,009.17 4158587841 Contractual Paid by Check #42506 06/14/2023 07/07/2023 07/07/2023 07/07/2023 214.67 4158755989 Contractual Paid by Check #42506 06/15/2023 07/07/2023 07/07/2023 07/07/2023 161.23 4158756198 Contractual Paid by Check #42506 06/15/2023 07/07/2023 07/07/2023 07/07/2023 1,228.46 4159297749 Contractual Paid by Check #42506 06/21/2023 07/07/2023 07/07/2023 07/07/2023 214.67 4159446845 Contractual Paid by Check #42506 06/22/2023 07/07/2023 07/07/2023 07/07/2023 161.23 4159447029 Contractual Paid by Check #42506 06/22/2023 07/07/2023 07/07/2023 07/07/2023 806.66 Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 2 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 4159989461 Contractual Paid by Check #42506 06/28/2023 07/07/2023 07/07/2023 07/07/2023 214.88 4160169249 Contractual Paid by Check #42506 06/29/2023 07/07/2023 07/07/2023 07/07/2023 161.64 4160169392 Contractual Paid by Check #42506 06/29/2023 07/07/2023 07/07/2023 07/07/2023 724.47 Vendor 333 - Cintas Corporation No. 2 Totals Invoices 37 $9,885.67 Vendor 8 - City of Dinuba
2023 Soccer Sponsorship Paid by Check #42507 07/03/2023 07/07/2023 07/07/2023 07/07/2023 250.00 Vendor 8 - City of Dinuba Totals Invoices 1 $250.00
Vendor 170 - Comcast
0002177 06/27/23 1390 E ELIZABETH WAY 07/01/23
-07/31/23
Paid by Check #42511 06/27/2023 07/07/2023 07/07/2023 07/07/2023 95.72 0136611 06/26/23 PD - 07/01/2023 - 07/31/2023
Billing Charges
Paid by Check #42509 06/26/2023 07/07/2023 07/07/2023 07/07/2023 51.79 0191269 06/22/23 FY 2023 & FY 2024 201 N
URUAPAN WAY 06/27/23-
07/26/23
Paid by Check #42508 06/22/2023 07/07/2023 07/07/2023 07/07/2023 301.44 0181138 06/27/23 180 W MERCED ST 07/02/23-
08/01/23
Paid by Check #42510 06/27/2023 07/07/2023 07/07/2023 07/07/2023 500.08 Vendor 170 - Comcast Totals Invoices 4 $949.03
Vendor 1316 - Patrick Aage Contreras
070323 Fy 23/24-SE/Indp Day-Ent for
7/3/23 event
Paid by Check #42493 07/03/2023 07/03/2023 07/03/2023 06/30/2023 07/03/2023 1,500.00 Vendor 1316 - Patrick Aage Contreras Totals Invoices 1 $1,500.00 Vendor 1035 - De Lage Landen Public Finance
80199193 June/July 2023 Paid by EFT #2493 06/24/2023 07/07/2023 07/07/2023 07/07/2023 354.46 Vendor 1035 - De Lage Landen Public Finance Totals Invoices 1 $354.46 Vendor 1582 - Dell Financial Services LLC
2713541 SERVER 08/01/23-08/31/23 Paid by Check #42512 07/01/2023 07/07/2023 07/07/2023 07/07/2023 2,947.71 Vendor 1582 - Dell Financial Services LLC Totals Invoices 1 $2,947.71 Vendor 36 - Ewing Irrigation Products
19728758 Fy 22/23-Parks-Repair supplies Paid by Check #42513 06/14/2023 07/07/2023 07/07/2023 06/23/2023 07/07/2023 373.52 19739911 FY 22/23-Parks-Repair supplies Paid by Check #42513 06/15/2023 07/07/2023 07/07/2023 06/30/2023 07/07/2023 452.24 Vendor 36 - Ewing Irrigation Products Totals Invoices 2 $825.76 Vendor 1818 - First String Sports Inc.
0000080216 Fy 22/23-Sportsplex-infield
screen, bucket balls, bownet
Paid by Check #42514 06/23/2023 07/07/2023 07/07/2023 06/27/2023 07/07/2023 896.61 Vendor 1818 - First String Sports Inc. Totals Invoices 1 $896.61 Vendor 252 - Geil Enterprises, Inc.
Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 3 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 431968 FY 2023: ALARM REPAIRS PW
FACILITY
Paid by Check #42515 05/31/2023 07/07/2023 07/07/2023 07/07/2023 250.00 Vendor 252 - Geil Enterprises, Inc. Totals Invoices 1 $250.00 Vendor 139 - Henry Schein Inc.
43375234 Supplies Paid by Check #42516 06/20/2023 07/07/2023 07/07/2023 07/07/2023 179.16 42832437 Supplies Paid by Check #42516 06/22/2023 07/07/2023 07/07/2023 07/07/2023 20.31 Vendor 139 - Henry Schein Inc. Totals Invoices 2 $199.47 Vendor 1718 - JCL Company, LLC
0627235193 FY 2023: FLEET SUPPLIES Paid by Check #42517 06/27/2023 07/07/2023 07/07/2023 07/07/2023 250.09 Vendor 1718 - JCL Company, LLC Totals Invoices 1 $250.09 Vendor 1403 - Kings Industrial Occupational Medical Center, Inc. 192407 FY 2023 Services for May 2023 Paid by Check #42518 06/06/2023 07/07/2023 07/07/2023 07/07/2023 2,701.79 Vendor 1403 - Kings Industrial Occupational Medical Center, Inc. Totals Invoices 1 $2,701.79 Vendor 1747 - KRC Safety Co Inc
59717 Fy 22/23-SE/Indp-Light towers Paid by Check #42519 06/28/2023 07/07/2023 07/07/2023 06/30/2023 07/07/2023 525.00 59700 FY 2023: TRAFFIC SIGNS Paid by Check #42519 06/26/2023 07/07/2023 07/07/2023 07/07/2023 15,669.31 59723 FY 2023: BARRICADE Paid by Check #42519 06/28/2023 07/07/2023 07/07/2023 07/07/2023 2,278.50 Vendor 1747 - KRC Safety Co Inc Totals Invoices 3 $18,472.81 Vendor 449 - Les Schwab Tire Centers of Central California 55100305649 FY 2023: unit M-733 Paid by Check #42520 03/07/2023 07/07/2023 07/07/2023 07/07/2023 804.30 55100306559 FY 2023: UNIT E-231 Paid by Check #42520 03/18/2023 07/07/2023 07/07/2023 07/07/2023 2,504.07 55100314930 FY 2023: UNIT PD-29 Paid by Check #42520 06/27/2023 07/07/2023 07/07/2023 07/07/2023 864.53 Vendor 449 - Les Schwab Tire Centers of Central California Totals Invoices 3 $4,172.90 Vendor 1931 - MissionSquare Plan Services
2024-00000008 30 - 457 - Employee
MissionSquare $*
Paid by EFT #2494 07/06/2023 07/06/2023 07/06/2023 07/06/2023 2,467.51 Vendor 1931 - MissionSquare Plan Services Totals Invoices 1 $2,467.51 Vendor 589 - Rosa Montanez
JULY 2023 Anthem Reimb 07/01/2023-
07/31/2023
Paid by Check #42521 06/30/2023 07/07/2023 07/07/2023 07/07/2023 258.06 Vendor 589 - Rosa Montanez Totals Invoices 1 $258.06
Vendor 22 - Moore Twining Associates Inc.
3372774 FY 2023: Moore WWTP In House Paid by Check #42522 06/28/2023 07/07/2023 07/07/2023 07/07/2023 115.00 Vendor 22 - Moore Twining Associates Inc. Totals Invoices 1 $115.00 Vendor 1853 - Kevin Moya
Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 4 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 307 FY 2023 Pamela Ponding Basin
weed abatement - Morningside
Paid by Check #42494 04/27/2023 07/03/2023 07/03/2023 07/03/2023 6,000.00 308 FY 2023 Davis Basin Weed
abatement - Nebraska
Paid by Check #42494 04/28/2023 07/03/2023 07/03/2023 07/03/2023 2,000.00 309 FY 2023 Hayes Basin weed
abatement
Paid by Check #42494 04/28/2023 07/03/2023 07/03/2023 07/03/2023 2,000.00 Vendor 1853 - Kevin Moya Totals Invoices 3 $10,000.00
Vendor 884 - Napa Auto Parts
078246 Supplies Paid by Check #42523 06/28/2023 07/07/2023 07/07/2023 07/07/2023 25.74 Vendor 884 - Napa Auto Parts Totals Invoices 1 $25.74
Vendor 392 - O'Reilly Auto Parts
3641-129491 Vehicles Paid by Check #42524 05/30/2023 07/07/2023 07/07/2023 07/07/2023 4.10 3641-129615 Vehicles Paid by Check #42524 05/31/2023 07/07/2023 07/07/2023 07/07/2023 38.75 3641-129636 Vehicles Paid by Check #42524 05/31/2023 07/07/2023 07/07/2023 07/07/2023 59.37 3641-129688 Vehicles Paid by Check #42524 05/31/2023 07/07/2023 07/07/2023 07/07/2023 3.42 3641-129732 Vehicles Paid by Check #42524 05/31/2023 07/07/2023 07/07/2023 07/07/2023 (176.90) 3641-129797 Vehicles Paid by Check #42524 06/01/2023 07/07/2023 07/07/2023 07/07/2023 61.60 3641-130055 Vehicles Paid by Check #42524 06/02/2023 07/07/2023 07/07/2023 07/07/2023 240.89 3641-130593 Vehicles Paid by Check #42524 06/05/2023 07/07/2023 07/07/2023 07/07/2023 17.34 3641-130801 Vehicles Paid by Check #42524 06/06/2023 07/07/2023 07/07/2023 07/07/2023 25.97 3641-130855 Vehicles Paid by Check #42524 06/06/2023 07/07/2023 07/07/2023 07/07/2023 130.55 3641-131169 Vehicles Paid by Check #42524 06/08/2023 07/07/2023 07/07/2023 07/07/2023 218.15 3641-131181 Vehicles Paid by Check #42524 06/08/2023 07/07/2023 07/07/2023 07/07/2023 (218.15) 3641-131941 Vehicles Paid by Check #42524 06/12/2023 07/07/2023 07/07/2023 07/07/2023 35.91 3641-131990 Vehicles Paid by Check #42524 06/12/2023 07/07/2023 07/07/2023 07/07/2023 (82.42) 3641-132108 Vehicles Paid by Check #42524 06/13/2023 07/07/2023 07/07/2023 07/07/2023 38.75 3641-132124 Vehicles Paid by Check #42524 06/13/2023 07/07/2023 07/07/2023 07/07/2023 5.74 3641-132129 Vehicles Paid by Check #42524 06/13/2023 07/07/2023 07/07/2023 07/07/2023 48.77 3641-132542 Vehicles Paid by Check #42524 06/15/2023 07/07/2023 07/07/2023 07/07/2023 10.13 3641-132695 Vehicles Paid by Check #42524 06/16/2023 07/07/2023 07/07/2023 07/07/2023 33.37 3641-132699 Vehicles Paid by Check #42524 06/16/2023 07/07/2023 07/07/2023 07/07/2023 45.44 3641-133259 Vehicles Paid by Check #42524 06/19/2023 07/07/2023 07/07/2023 07/07/2023 64.20 3641-133459 Vehicles Paid by Check #42524 06/20/2023 07/07/2023 07/07/2023 07/07/2023 15.60 3641-133516 Vehicles Paid by Check #42524 06/20/2023 07/07/2023 07/07/2023 07/07/2023 25.97 3641-133530 Vehicles Paid by Check #42524 06/20/2023 07/07/2023 07/07/2023 07/07/2023 140.68 3641-133610 Vehicles Paid by Check #42524 06/20/2023 07/07/2023 07/07/2023 07/07/2023 (22.00) 3641-133750 Vehicles Paid by Check #42524 06/21/2023 07/07/2023 07/07/2023 07/07/2023 46.39 EB34105961 Vehicles Paid by Check #42524 06/21/2023 07/07/2023 07/07/2023 07/07/2023 (34.20) 3641-134943 Vehicles Paid by Check #42524 06/27/2023 07/07/2023 07/07/2023 07/07/2023 218.15 3641-135118 Vehicles Paid by Check #42524 06/28/2023 07/07/2023 07/07/2023 07/07/2023 64.20 Vendor 392 - O'Reilly Auto Parts Totals Invoices 29 $1,059.77 Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 5 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 142 - Office Depot BSD
319064031001 Supplies Paid by Check #42525 06/16/2023 07/07/2023 07/07/2023 07/07/2023 135.30 Vendor 142 - Office Depot BSD Totals Invoices 1 $135.30 Vendor 1957 - On Top Roofing
23-158 #2 Fy 22/23-Roof repair at the
Sportsplex pay remaining bal
Paid by Check #42526 06/04/2023 07/07/2023 07/07/2023 06/13/2023 07/07/2023 2,500.00 Vendor 1957 - On Top Roofing Totals Invoices 1 $2,500.00 Vendor 76 - Pacific Gas & Electric
9001498229306/23 FY 22/23 405 E El Monte Way
05/30/23-06/27/23
Paid by Check #42528 06/29/2023 07/07/2023 07/07/2023 07/07/2023 1,008.35 9825087728306/23 FY 22/23 595 W NEBRASKA AVE
05/31/23-06/28/23
Paid by Check #42527 06/29/2023 07/07/2023 07/07/2023 07/07/2023 37.66 Vendor 76 - Pacific Gas & Electric Totals Invoices 2 $1,046.01 Vendor 688 - Rogelio Ramirez
JUNE 2023 FY 2023 Anthem Reimb
06/01/2023-06/30/2023
Paid by Check #42529 06/30/2023 07/07/2023 07/07/2023 07/07/2023 292.35 Vendor 688 - Rogelio Ramirez Totals Invoices 1 $292.35
Vendor 349 - RES COM Pest Control
2131068 PD - Kennels Pest Control Service Paid by Check #42530 06/27/2023 07/07/2023 07/07/2023 07/07/2023 48.00 Vendor 349 - RES COM Pest Control Totals Invoices 1 $48.00 Vendor 1677 - Rodeo Wild West
053771 FY 2023: BOOT ALLOWANCECHRISTOPHER VASQUEZPaid by Check #42531 06/16/2023 07/07/2023 07/07/2023 07/07/2023 183.36 053776 FY 2023: BOOT ALLOWANCECOSME PIZANOPaid by Check #42531 06/28/2023 07/07/2023 07/07/2023 07/07/2023 150.00 Vendor 1677 - Rodeo Wild West Totals Invoices 2 $333.36 Vendor 61 - Silvas Oil Company Inc.
185473CT June 2023 Paid by Check #42532 06/30/2023 07/07/2023 07/07/2023 07/07/2023 139.19 Vendor 61 - Silvas Oil Company Inc. Totals Invoices 1 $139.19 Vendor 431 - Sparkletts
9406519 070123 Fy 23/24-Dept bottled wa &
delivery service
Paid by Check #42533 07/01/2023 07/07/2023 07/07/2023 07/03/2023 07/07/2023 145.84 Vendor 431 - Sparkletts Totals Invoices 1 $145.84
Vendor 214 - Stericycle, Inc.
3006519150 July 2023 Paid by Check #42534 07/01/2023 07/07/2023 07/07/2023 07/07/2023 148.90 Vendor 214 - Stericycle, Inc. Totals Invoices 1 $148.90 Vendor 163 - TAG/AMS Inc.
Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 6 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 2824616 FY 2023: DRUG SCREENS Paid by Check #42535 06/26/2023 07/07/2023 07/07/2023 07/07/2023 300.00 Vendor 163 - TAG/AMS Inc. Totals Invoices 1 $300.00
Vendor 434 - Target Solutions
INV72978 7/1/2023 - 6/30/2024 TS Premier Paid by Check #42536 07/01/2023 07/07/2023 07/07/2023 07/07/2023 3,915.05 INV72979 7/1/2023 - 6/30/2024 TSCHECKIT Paid by Check #42536 07/01/2023 07/07/2023 07/07/2023 07/07/2023 3,794.19 Vendor 434 - Target Solutions Totals Invoices 2 $7,709.24 Vendor 1953 - Ed Todd
JUNE 2023 FY 2023 Anthem Reimb
06/01/2023-06/30/2023
Paid by Check #42537 06/30/2023 07/07/2023 07/07/2023 07/07/2023 886.52 Vendor 1953 - Ed Todd Totals Invoices 1 $886.52
Vendor 311 - Top Dog Training Center
1717 PD - K9 Maintenance Training
Enzo & Zeus
Paid by Check #42538 06/28/2023 07/07/2023 07/07/2023 07/07/2023 180.00 Vendor 311 - Top Dog Training Center Totals Invoices 1 $180.00 Vendor 329 - Townsend Public Affairs
20124 CONSULTING JULY 2023 Paid by Check #42539 07/01/2023 07/07/2023 07/07/2023 07/07/2023 5,500.00 Vendor 329 - Townsend Public Affairs Totals Invoices 1 $5,500.00 Vendor 49 - Tulare County
22-3850 22-4299 FY 22/23 Overpayment Run #22-
3850 & 22-4299
Paid by Check #42540 06/29/2023 07/07/2023 07/07/2023 07/07/2023 191.78 Vendor 49 - Tulare County Totals Invoices 1 $191.78
Vendor 273 - US Bank
504699661 FY 22/23 & FY 23/24 Copier
Lease 06/20/2023 - 07/20/2023
Paid by Check #42541 06/26/2023 07/07/2023 07/07/2023 07/07/2023 3,219.01 Vendor 273 - US Bank Totals Invoices 1 $3,219.01
Vendor 1434 - Vast Networks
45423 07/01/2023-07/31/2023 Internet Paid by Check #42542 07/01/2023 07/07/2023 07/07/2023 07/07/2023 4,632.29 Vendor 1434 - Vast Networks Totals Invoices 1 $4,632.29 Vendor 354 - Verizon Wireless
9937276906 June/July 2023 Paid by Check #42543 06/14/2023 07/07/2023 07/07/2023 07/07/2023 411.47 Vendor 354 - Verizon Wireless Totals Invoices 1 $411.47 Vendor 1916 - Woodie and the Longboards
070323 Fy 23/24-SE/Indp Day-Ent. band
for 7/3/23 event
Paid by Check #42495 07/03/2023 07/03/2023 07/03/2023 06/30/2023 07/03/2023 3,000.00 Vendor 1916 - Woodie and the Longboards Totals Invoices 1 $3,000.00 Vendor 1313 - Yepez Plumbing
Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 7 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 08607 FY 2023: UNCLOG TOILET
ROOSEVELT PARK
Paid by Check #42544 06/26/2023 07/07/2023 07/07/2023 07/07/2023 250.00 Vendor 1313 - Yepez Plumbing Totals Invoices 1 $250.00
Grand Totals Invoices 131 $107,297.12
Run by Rosemary Silva on 07/07/2023 10:38:40 AM Page 8 of 8 Accounts Payable Invoice Report
Payment Date Range 07/01/23 - 07/07/23
Report By Vendor - Invoice
Summary Listing
City Council Staff Report
Department: CITY MANAGER'S OFFICE July 11, 2023
To: Mayor and City Council
From: Daniel James, Assistant City Manager
Subject:
Approval of Real Property Purchase and Sale Agreement between the City of Dinuba and MB Developers, LLC (DJ)
RECOMMENDATION
Council to approve a Real Property Purchase and Sale Agreement for one (1) acre of commercial property (APN: 017-280-020) between the City of Dinuba and MB Developers, LLC for the development of a Chipotle Mexican Gill.
EXECUTIVE SUMMARY
MB Developers, LLC has presented an offer to purchase a parcel of city-owned real property (APNs: 017-280-020) totaling approximately 30,000/sf located at the Northwest corner of the 20-acre commercial property just east of the Wal-Mart shopping center. MB Developers, LLC intends to develop the property for a Chipotle restaurant.
OUTSTANDING ISSUES
None.
DISCUSSION
The City of Dinuba currently owns a 20-acre parcel of commercially zoned property near the Wal-Mart shopping center off of W. El Monte Way. A location map of the parcels is attached herein as Exhibit 'A-1' of the enclosed Purchase and Sale Agreement. MB Developers, LLC is interested in purchasing a 30,000/sf portion of this property in order to develop a Chipotle restaurant on the site.
MB Developers, LLC has presented an offer to purchase approximately 30,000/sf of the 20-acre property for a sum of $150,000, which is consistent with the Brokers Opinion of Value provided by John Lee with Retail California. The Purchase and Sale Agreement enclosed herein as Attachment ‘A’ sets forth the specific terms of the sale and proposed use of the site. As a condition of the sale and close of escrow, MB Developers, LLC will have 180 days from the date the agreement is executed to perform their due diligence. The City Attorney has reviewed the agreement and finds the document acceptable as to form.
The proposed Chipotle will complement the W. El Monte commercial corridor by adding a new sit-down, fast casual restaurant option for Dinuba residents and visitors to the community. Staff recommends Council approve the sale of the subject property for the development of a future Chipotle restaurant project, and direct the City Manager, or designee to execute the Purchase and Sale Agreement any and all documents required for the sale of the property.
FISCAL IMPACT
The proceeds of the sale totaling $150,000 will be deposited into the General Fund upon close of escrow.
PUBLIC HEARING
None Required.
ATTACHMENTS:
Description
A. MB Developers Purchase and Sale Agreement
- 1 -
AGREEMENT FOR PURCHASE AND SALE OF
REAL PROPERTY AND ESCROW INSTRUCTIONS
This AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the “Agreement”) is entered into as of June ____, 2023 (the “Agreement Date”) by and between City of Dinuba (“Seller”), and MB Developers, LLC, a California limited liability company (“Buyer”).
A. Seller is the owner of, certain real property designated as Assessor’s Parcel Number 017- 280-020-000 located in the City of Dinuba, County of Tulare, as more particularly described on Exhibit A attached hereto (the “Lot”). As used herein, the “Property” shall include an approximately 30,000 square foot portion of the Lot, in the area generally depicted on Exhibit A-1, to be created by a parcel map, and will include all of Seller’s right, title and interest in and to all entitlements, easements, rights, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon.
B. Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller, in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is acknowledged by Seller, Buyer and Seller agree as follows:
1. PURCHASE AND SALE.
1.1. Agreement to Buy and Sell. Subject to the terms and conditions herein, Seller shall sell and convey to Buyer, and Buyer shall acquire and purchase from Seller, the Property.
1.2. Purchase Price. The purchase price for the Property shall be One Hundred Fifty Thousand Dollars ($150,000.00) (the “Purchase Price”). The Purchase Price is payable as follows:
1.2.1. Deposit. On or before 2 business days after the Opening of Escrow (defined in Section 2.1 below), Buyer shall deposit with Escrow Holder (defined below) by wire transfer the sum of $15,000.00 (the “Deposit”). When held by Escrow Holder in connection with this transaction, Escrow Holder shall invest the Deposit in an interest-bearing account as Buyer may designate, with the interest thereon to accrue for the benefit of Buyer. The Deposit shall (a) be applied and credited to the Purchase Price upon the Close of Escrow, and (b) after Buyer delivers the Feasibility Approval Notice constitute liquidated damages pursuant to Section 2.6.2 if Buyer defaults hereunder and be non-refundable to Buyer except as set forth herein.
1.2.2. Purchase Price Balance. Provided all of the other conditions precedent to Buyer’s obligation to purchase the Property are timely satisfied, then prior to the Close of Escrow, Buyer shall deposit with Escrow Holder by cash, cashier’s check, or other immediately available funds the difference between (i) the Purchase Price and (ii) the Deposit (the “Purchase Price Balance”).
1.2.3. Independent Consideration. Within 2 business days after the opening of Escrow, Buyer shall deposit with Escrow Holder by wire transfer or its company check the sum of One Hundred Dollars ($100.00) (the “Independent Consideration”). Buyer and Seller have bargained for and agree that the Independent Consideration is consideration for Buyer’s rights under this Agreement and for Seller providing the Feasibility Period (defined below) to Buyer. Upon receipt, the Escrow Holder shall immediately release the Independent Consideration to Seller, and notwithstanding any provision in this DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631 - 2 -
Agreement to the contrary, the Independent Consideration shall be nonrefundable to Buyer in all circumstances
1.3. Termination. If Buyer does not deliver the Feasibility Approval Notice within the time required herein, then (a) the Deposits and all interest accrued thereon shall be returned to Buyer, (b) this Agreement and the Escrow shall terminate, (c) Seller and Buyer shall share any Escrow termination charges and (d) the parties shall have no further obligation to one another with respect to this Agreement, except as otherwise expressly provided herein.
2. ESCROW AND CLOSING.
2.1. Opening of Escrow. Within 2 business days after this Agreement is signed by the last of Seller and Buyer, Buyer shall open an escrow (the “Escrow”) with Chicago Title Company at the address set forth below (“Escrow Holder” and, when applicable, “Title Company”), by depositing with Escrow Holder the fully executed Agreement, or executed counterparts thereof. The date the fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the “Opening of Escrow” and Escrow Holder shall advise Buyer and Seller of the date in writing.
2.1.1. Escrow Instructions. This Agreement, along with any amendments that Buyer and Seller may deliver to Escrow Holder, constitutes the joint escrow instructions of Buyer and Seller to Escrow Holder. If Escrow Holder requires additional mutual instructions, those instructions shall contain the general and standard provisions as may be reasonably required by Escrow Holder, provided, however, that no general or standard provisions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. If there is a conflict between any general or standard provisions and the provisions of this Agreement, the provisions of this Agreement shall control.
2.1.2. Escrow Fees and Other Charges. At the Close of Escrow, (a) Seller shall pay: (i) the premium for the CLTA Standard Coverage portion of the Title Policy (defined below), including all endorsements necessary to deliver title in the condition required by this Agreement, (ii) one-half (1/2) of Escrow Holder’s fees, (iii) all documentary transfer taxes, and (iv) recording fees; (b) Buyer shall pay: (i) the additional premium for the Title Policy above the cost of CLTA Standard Policy, to obtain an ALTA Extended Coverage Policy and (ii) one-half (1/2) of Escrow Holder’s fees; and (c) all other costs related to the transaction shall be paid by the parties in the manner consistent with common practice in TulareCounty.
2.2. Closing Date. Subject to the satisfaction of the conditions set forth in Section 2.3 below, the Close of Escrow shall occur on the date (the “Closing Date”) that is fifteen (15) days after the latter to occur: (i) Buyer’s delivery of the Feasibility Approval Notice to Seller and Escrow Holder, (ii) Seller’s recordation of the parcel map and (iii) Buyer’s receipt of all necessary permits, including utilities, to construct a free-standing Chipotle, with drive-thru, on the Property. As used in this Agreement, “Close of Escrow” shall mean the date that Escrow Holder records a grant deed for the Property in the Official Records of the County. The Close of Escrow shall take place on the Closing Date at the offices of the Title Company.
2.3. Conditions Precedent to Close of Escrow.
2.3.1. Conditions to Buyer’s Obligations. Buyer’s obligation to purchase the Property is subject to the satisfaction of the following conditions or Buyer’s written waiver of the conditions on or before the Closing Date. Buyer may waive in writing any or all of the conditions in its sole and absolute discretion.
DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631 - 3 -
a) Buyer shall have timely delivered the Feasibility Approval Notice; b) Seller shall have timely performed all obligations to be performed by Seller pursuant to this Agreement;
c) Seller’s representations, warranties and covenants set forth herein shall be true as of the Close of Escrow;
d) Seller shall have perfected the parcel map, in a mutually agreeable configuration and recorded the same.
e) Buyer shall have received all necessary permits and utilities required to construct a freestanding Chipotle, with drive-thru, on the Property (f) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy covering the Property, subject only to the Permitted Exceptions (defined below).
(g) Buyer and Seller have entered into any necessary and mutually agreeable reciprocal access and/or operating agreements as it relates to the future development of the remainder of the Lot.
2.3.2. Conditions to Seller’s Obligations. Seller’s obligation to consummate the transactions contemplated by this Agreement is subject to the satisfaction of the condition that Buyer shall have performed all of Buyer’s obligations hereunder, and Buyer’s representations, warranties, and covenants set forth herein shall be true as of the Close of Escrow.
2.4. Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow:
2.4.1. Buyer shall deposit:
a) The Purchase Price Balance; and
b) Buyer’s cash charges required herein.
2.4.2. Seller shall deposit:
a) A customary grant deed, conveying fee title to the Property, subject only to the Permitted Exceptions, executed by Seller with Seller’s signature acknowledged; and b) An owner’s affidavit or seller’s certificate duly executed by Seller in the form customarily required by title insurance companies in the County.
2.4.3. Additional Documents. Seller and Buyer shall each deliver any other instruments that Escrow Holder reasonably requires or that are otherwise required to proceed to the Close of Escrow and consummate the sale of the Property, in accordance with the terms of this Agreement.
2.5. Close of Escrow.
2.5.1. On the Close of Escrow, Escrow Holder shall:
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a) Record the grant deed and, if applicable, the Assignment of Declarant’s Rights, in that order, in the Officials Records of the County (and obtain a conformed copy thereof for delivery to Buyer),
b) Pay any transfer taxes,
c) Instruct the County Recorder to return the grant deed to Buyer, and d) Deliver to Seller the Purchase Price Balance, less Seller’s charges.
2.5.2. Escrow Holder shall prorate real property taxes and assessments as of the Close of Escrow, based on the most recent tax information and based on a three hundred sixty (360) day year.
Seller may pay its portion of the taxes and assessments using the proceeds of the Close of Escrow. If final bills are unavailable or cannot be issued before the Closing for any item being prorated, then Buyer and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as practicable and reasonably possible after the Closing. Notwithstanding the foregoing, if any supplemental tax bills are issued, Seller will pay to Buyer, within thirty (30) days after Buyer’s request, any portion of such supplemental taxes allocable to the period prior to the Close of Escrow, which obligation will survive the Close of Escrow. In addition, if either party receives a tax refund relating to the Property, within thirty (30) days after receipt thereof, Seller will pay to Buyer any portion thereof allocable to the period commencing on the Close of Escrow or Buyer will pay to Seller any portion thereof allocable to the period prior to the Close of Escrow. All such rights and obligations shall survive the Closing for a period of twelve (12) months.
2.5.3. Upon the Close of Escrow, Seller shall convey title to the Property to Buyer, subject only to the Permitted Exceptions, free and clear of any leases, tenancies and any rights of parties in possession.
2.6. Failure to Close; Termination.
2.6.1. Failure to Close Without Default. If the Close of Escrow does not occur because one or more of the conditions precedent to the Close of Escrow set forth in Section 2.3 have not been satisfied or waived by the party benefitted by such condition, and neither party is in default, then the party benefitted by such condition may elect to terminate this Agreement at any time thereafter until all such conditions precedent have been satisfied by giving written notice to the other party and Escrow Holder, in which event:
a) Escrow Holder shall automatically return to Buyer the Deposit and any other sums deposited by Buyer still being held by Escrow Holder, and all accrued interest thereon, by unilateral instruction from Buyer;
b) Seller shall have no further obligation to sell to Buyer, and Buyer shall have no further obligation to purchase, the Property, and c) This Agreement shall terminate and the parties shall have no further obligations hereunder except as expressly provided herein.
2.6.2. Buyer’s Default. If, after Buyer has delivered the Feasibility Approval Notice, Buyer fails to perform any material obligation under this Agreement, and Buyer does not cure such failure to perform within 5 days after Buyer’s receipt of written notice of the same— as required by Section DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631 - 5 -
2.6.6— from Seller, then Buyer shall be in default and the Deposit that has been paid by Buyer (the “Liquidated Damages Amount”) shall constitute liquidated damages as follows:
BY PLACING THEIR INITIALS HERE: BUYER ____ AND SELLER _____
EACH AGREE THAT IF BUYER MATERIALLY DEFAULTS UNDER THIS AGREEMENT,
THE DAMAGES TO SELLER WOULD BE EXTREMELY DIFFICULT AND
IMPRACTICABLE TO ASCERTAIN, AND THAT THEREFORE, IF BUYER FAILS TO
PERFORM A MATERIAL OBLIGATION HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN TEN (10) DAYS AFTER WRITTEN NOTICE IS GIVEN BY SELLER TO
BUYER, BUYER SHALL BE IN DEFAULT AND THE LIQUIDATED DAMAGES AMOUNT
SHALL SERVE AS DAMAGES FOR THE DEFAULT BY BUYER, AS A REASONABLE
ESTIMATE OF THE DAMAGES TO SELLER, INCLUDING COSTS OF NEGOTIATING AND
DRAFTING THIS AGREEMENT, COSTS OF COOPERATING IN SATISFYING CONDITIONS
TO CLOSING, COSTS OF SEEKING ANOTHER BUYER, OPPORTUNITY COSTS IN
KEEPING THE PROPERTY OUT OF THE MARKETPLACE, AND OTHER COSTS INCURRED IN CONNECTION HEREWITH. RETENTION OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE SELLER’S SOLE AND EXCLUSIVE REMEDY AGAINST
BUYER IF BUYER MATERIALLY DEFAULTS HEREUNDER, AND SELLER WAIVES ANY
AND ALL RIGHT TO SEEK OTHER RIGHTS OR REMEDIES AGAINST BUYER, INCLUDING WITHOUT LIMITATION, SPECIFIC PERFORMANCE. THE PAYMENT AND
RETENTION OF THAT AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A
FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.
SELLER WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389. UPON
ANY SUCH DEFAULT BY BUYER HEREUNDER, THIS AGREEMENT SHALL BE
TERMINATED AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR
OBLIGATIONS HEREUNDER, EACH TO THE OTHER, EXCEPT FOR THE RIGHT OF SELLER TO RETAIN THE LIQUIDATED DAMAGES AMOUNT.
2.6.3. Seller’s Default. If Seller materially defaults under this Agreement, then Buyer may pursue any of the following remedies:
a) If the default occurs prior to Close of Escrow, Buyer may (i) extend the time period for Seller’s performance, (ii) terminate this Agreement, provided such termination shall be effective only upon delivery of written notice of termination from Buyer to Escrow Holder and Seller, in which event Escrow Holder shall automatically return to Buyer the Deposit and all accrued interest thereon and any other sums deposited by Buyer, and Buyer shall be entitled to recover whatever other damages it has sustained on account of Seller’s default hereunder. However, Buyer agrees waives any and all rights to seek Seller’s specific performance.
b) If the default occurs following Close of Escrow or if Buyer becomes aware of any breach of any representation or warranty of Seller following the Closing hereunder, Buyer may pursue any or all of the remedies available to it under this Agreement and/or at law or in equity.
2.6.4. Escrow Fees on Default. If the failure to close is due to the default of one of the parties, the defaulting party shall bear the sole and full liability for paying any escrow cancellation fee.
2.6.5. Interest on Delinquent Amounts. If any party owes the other party money hereunder and does not pay or return such money to the other party within five (5) business days after written demand therefore, the unpaid amount shall thereafter accrue interest at the lesser of (a) ten percent DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631 - 6 -
(10%) per annum or (b) the highest rate permitted by law, from the date such amount was due until the date it is paid in full.
2.6.6. Cure Period. No party shall be deemed in default unless the other party has first delivered to such party a written notice of the default, and the party receiving such notice has not cured the default within 10 business days after receipt of the written notice.
3. ACTIONS PENDING CLOSE OF ESCROW.
3.1. Investigation of the Property.
3.1.1. Delivery of Reports. Not later than 5 days after the Opening of Escrow, Seller shall deliver or cause to be delivered to Buyer legible and complete copies of all studies, reports, agreements, documents, plans, permits and entitlements in Seller’s or its agents’ possession, or readily obtainable by Seller, pertinent to the Property and its improvement and development (the “Reports”), including, without limitation, studies; reports; correspondence; agreements; documents; affordable housing agreements and materials; plans; maps; CC&Rs; homeowners’ association formation documents, assessment district formation and related documents, budgets, correspondence or other materials; permits; and entitlements.
3.1.2. Feasibility Period. With Seller’s reasonable cooperation, Buyer shall have until 5:00 P.M. Pacific Time on the date that is 180 days after Buyer receives the Prelim (defined below) and Reports (the “Feasibility Period”) to review the suitability of the Property for Buyer’s use and development, including, without limitation, any governmental land regulations, zoning ordinances, development costs, financial and market feasibility, all covenants, conditions and restrictions and other contracts, agreements or documents affecting the Property, proposed or existing assessment districts affecting the Property, the status of the entitlement or development condition of the Property, the physical condition of the Property, including soil and geological assessments and a Phase I environmental audit (the “Feasibility Matters”), and to deliver to Seller and Escrow Holder, in Buyer’s sole and absolute discretion, written notice (the “Feasibility Approval Notice”) of Buyer’s approval of the Feasibility Matters. If Buyer does not deliver the Feasibility Approval Notice before the expiration of the Feasibility Period, then Buyer shall have disapproved of the Feasibility Matters, this Agreement shall automatically terminate, and the provisions of Section 1.3 shall apply. Buyer shall have the right to extend the Feasibility Period by 2 periods of 60 days each. Buyer shall deposit an additional $10,000 for each extension, which will be applicable to the Purchase Price but will be non-refundable.
3.2. Title Review.
3.2.1. Title Report. Within 5 business days after the Opening of Escrow, Seller shall cause Title Company to furnish Buyer with an updated Preliminary Report on the Property, together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the “Prelim”).
3.2.2. Title Notices. Buyer shall have 5 business days after its actual receipt of the Prelim to deliver to Seller and Escrow Holder written notice (the “Preliminary Title Notice”) of Buyer’s approval, conditional approval or disapproval of the title matters disclosed in the Prelim. All matters not timely approved by Buyer are deemed disapproved.
a) Seller shall have 5 days after receipt of the Preliminary Title Notice or Buyer’s deemed disapproval of the Prelim, to: (i) commit to cause the exceptions disapproved by Buyer to be released of record, or commit to cause the Title Company to endorse over such exceptions pursuant DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631 - 7 -
to an endorsement or endorsements acceptable to Buyer in Buyer’s sole and absolute discretion, as of or before the Close of Escrow, and to give Buyer and Escrow Holder written notice of those exceptions that have been or will be so released or endorsed over on or before the Close of Escrow, or (ii) elect not to commit to remove or endorse over the exceptions disapproved by Buyer. If Seller does not deliver its response notice within the 2-day period, Seller shall be deemed to have elected to eliminate or endorse over all matters disapproved or conditionally approved by Buyer. Notwithstanding the foregoing, Seller shall be obligated to remove and eliminate as exceptions to title to the Property as of the Close of Escrow all monetary liens or encumbrances and all claims to fee title or leasehold or other possessory interests in the Property.
b) If Seller does not to commit to remove, or cause the Title Company to endorse over an exception disapproved by Buyer as of the Close of Escrow (other than a monetary lien or encumbrance, or claim to fee title or leasehold or other possessory interest in or to the Property, as to which Seller’s obligation to remove and eliminate is absolute and a failure to do so is a default under this Agreement), Buyer may, on or before the expiration of the Feasibility Period, (i) terminate this Agreement, in which case the provisions of Section 2.6.1 shall apply, or (ii) waive its objections to the exceptions in question by delivering written notice (the “Title Approval Notice”) to Seller and Escrow Holder. If Buyer does not deliver the Title Approval Notice described in clause (ii) of the preceding sentence, Buyer shall be deemed to have terminated this Agreement. c) All exceptions that Seller is required to remove or cause Title Company to endorse over pursuant to this Section 3.2.2 are “Disapproved Exceptions.” d) If pursuant to Section 3.2.2(a), Seller commits, or is deemed to have committed, to remove or cause the Title Company to endorse over all exceptions disapproved by Buyer, then any requirements of this Agreement for Buyer to have delivered the Title Approval Notice, except as set forth in Section 3.2.2(b), shall be deemed satisfied; provided, such deemed satisfaction shall not affect Seller’s title obligations under this Agreement.
3.2.3. Seller’s Title Obligations. Seller shall cause the Disapproved Exceptions to be released of record from the Property, or commit to cause the Title Company to endorse over the Disapproved Exceptions pursuant to an endorsement or endorsements acceptable to Buyer in Buyer’s sole and absolute discretion, as of or before the Close of Escrow. If Seller is unable to remove, or to cause the Title Company to endorse over a Disapproved Exception, Buyer shall have the option, on or before the Closing Date, to: (i) declare Seller in default hereunder and exercise Buyer’s remedies pursuant to Section 2.6.3, or (ii) waive its objection to the Disapproved Exceptions in question by delivering notice of the waiver to Seller and Escrow Holder. If Buyer does not deliver the waiver notice described in clause (ii) of the preceding sentence, Buyer shall be deemed to have declared Seller in default hereunder.
3.2.4. Permitted Exceptions. “Permitted Exceptions” shall mean all exceptions appearing on the Prelim that are: (i) general and special real property taxes and assessments, a lien not yet due and payable; and (ii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record, other than Disapproved Exceptions.
3.2.5. New or Additional Exceptions. Following execution of this Agreement, Seller shall not place or allow any additional liens or encumbrances on the Property without the prior written consent of Buyer. If Title Company issues any supplement to the Prelim that discloses any exceptions not shown on the Prelim, then the new exceptions shall be Disapproved Exceptions subject to Section 3.2, unless the new exceptions (i) arise from the acts or omissions of Buyer, or (ii) are consented to or waived in writing by Buyer.
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3.3. Title Policy. Buyer’s obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue a CLTA standard coverage owner’s policy of title insurance insuring fee title to the Property vested in Buyer, subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price (the “Title Policy”). At Buyer’s option, Buyer may require an ALTA Extended Owner’s Policy instead of the standard coverage title policy if Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer is referred to herein as the “Title Policy.”
3.4. Access. At any time during the term of this Agreement, Buyer, its agents and employees and contractors shall have the right to enter the Property to conduct any investigations, inspections and tests of the Property as Buyer deems necessary to evaluate the condition and suitability of the Property for the development contemplated by Buyer and as necessary to obtain all approvals and entitlements to enable Buyer to develop the Property.
3.5. Seller’s Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller’s direction or on its behalf, in order to prevent the filing of any claim or mechanic’s lien with respect to such work or materials.
3.6. Seller’s Pre-Closing Obligations; Condition of Property. At the Close of Escrow, Seller shall deliver the Property to Buyer free and clear of all debris, rubbish and personal property located on or under the surface of the Property.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS.
4.1. Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other Sections of this Agreement, Seller represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow:
4.1.1. Seller is authorized and has the full right, legal capacity, power, and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly authorized and entered into by Seller and the parties signing on behalf of Seller, and upon delivery to and execution by Buyer, shall be a valid and binding agreement of Seller.
4.1.2. Except as identified in the Prelim, Seller has not alienated, encumbered, transferred, assigned or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, nor shall Seller do so. By entering into and performing the transactions contemplated by this Agreement, Seller will not violate or breach any agreement, covenant or obligation binding on Seller, and Seller may convey the Property to Buyer without the consent of any third party.
Seller is not aware of any fact or circumstance related to the Property not mentioned herein that a reasonable buyer would want to know before a purchase of real property similar to the Property.
4.1.3. There are no mechanic’s or materialman’s liens or similar claims or liens now asserted against the Property for work performed or commenced prior to the date hereof other than as described in the Prelim; and Seller shall timely satisfy and discharge any and all obligations relating to work performed on or conducted at or materials delivered to the Property from time to time in order to prevent the filing of any claim or mechanic’s lien with respect thereto.
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4.1.4. Neither Seller nor any third party has used, generated, transported, discharged, released, manufactured, stored, or disposed any hazardous material from, into, at, on, under, or about the Property.
4.1.5. Seller is not in default under the provisions of any deed of trust, covenants, conditions and restrictions (“CC&Rs”), or other encumbrance, lien or restriction on the Property, and has paid current all amounts due and owing with respect thereto, including, but not limited, to all due and owing principal and interest payments and all homeowner’s association dues and assessments. During the term of this Agreement, Seller shall pay all amounts and perform all obligations required to be paid or performed by Seller under any such deed of trust, CC&Rs or other encumbrance, lien or restriction.
Each of the representations and warranties made by Seller in this Agreement, or in any Exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties that shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as and at the date of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall notify Buyer immediately of any facts or circumstances that would make untrue any of the foregoing representations and warranties contained in this Section 4.1.
4.2. Indemnity. Seller shall defend, indemnify and hold free and harmless Buyer from and against any losses, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by the indemnifying party under any of the indemnifying party’s covenants or agreements contained in this Agreement. Seller shall also indemnify Buyer from any liability or obligation of Seller that Buyer is not required to assume under this Agreement or accruing prior to such assumption. Seller’s obligations under this Section 4.2 shall survive Close of Escrow or termination of this Agreement for a period of one (1) year.
Buyer agrees to defend, indemnify and hold free and harmless Seller from and against any losses, damages, costs and expenses (including reasonable attorneys’ fees and costs), asserted against, incurred or suffered by Seller resulting from any breach by Buyer following the Close Date of express obligations of Buyer arising under this Agreement. Buyer’s obligations under this Section 4.2 shall survive Close of Escrow or termination of this Agreement for a period of one year.
5. BROKERS. Buyer is represented by Commercial Retail Associates, Inc. Seller shall pay, through escrow, a commission in the amount of 6% of the Purchase Price to Commercial Retail Associates, Inc.
6. DISCLOSURE: All parties acknowledge that Sam Bogdanovich is a licensed real estate agent in the State of California, a partner in Commercial Retail Associates, Inc. and part owner of Buyer.
7. GENERAL PROVISIONS.
7.1. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original and all counterparts taken together shall constitute the same instrument. To facilitate execution of this Agreement, the parties may exchange executed counterparts of the signature pages by facsimile or portable document format (pdf).
7.2. Further Assurances. Each of the parties shall execute and deliver any other instruments and perform any acts, in addition to the matters herein specified, as may be appropriate or necessary to carry out the agreements of the parties, whether the same occurs before or after the Close of Escrow.
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7.3. Entire Agreement. This Agreement, together with all Exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. The parties may only modify this Agreement by a writing signed by all parties. All exhibits referred to in this Agreement are deemed incorporated in this Agreement whether or not actually attached.
7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof.
7.5. Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The parties further agree that this Agreement is entered into and to be performed in Tulare County, California. To the fullest extent permitted by law, the parties waive the venue removal provisions pursuant to California Code of Civil Procedure Section 394.
7.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
7.7. Waiver of Covenants, Conditions, or Remedies. A party’s waiver of the performance of any covenant, condition, or promise, or of the time of performance of any act, under this Agreement shall not invalidate this Agreement or waive any other covenant, condition, or promise, or of the time for performance of any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not waive any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies, except where the exclusion is expressly stated.
7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of that party as the sole source of the language in question.
7.9. Time of the Essence. Time is of the essence as to all dates and times of performance, whether contained herein or contained in any escrow instructions to be executed pursuant to this Agreement, and all escrow instructions shall contain a provision to this effect.
7.10. Relationship of Parties. The relationship of the parties is that of seller and buyer, and nothing contained herein shall constitute either party the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other.
7.11. Attorneys’ Fees. If any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or if any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys’ fees and to any court costs incurred, in addition to any other damages or relief awarded.
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7.12. Notices. All notices and demands that either party is required or desires to give to the other shall be given in writing by mail and email to the address set forth below for the respective party, provided that if any party gives notice of a change of name or address or number, notices to that party shall thereafter be given as demanded in that notice. All notices and demands so given shall be effective upon delivery.
If to Seller: City of Dinuba
Attn:
Email:
If to Buyer: Chelsey Marderosian Skooglund
416 E. South Ave.
Fowler, CA 93625
Email: [email protected]
If to Escrow Holder: Chicago Title Company
Attn:
Email:
7.13. Computation of Time. All periods of time referred to in this Agreement shall include all Saturdays, Sundays, and state or national holidays, unless the period of time specifies business days (and for purposes of this Agreement, “business days” do not include Saturdays, Sundays, and state and national holidays). If the date to perform any act or give any notice with respect to this Agreement falls on a Saturday, Sunday, or state or national holiday, the act or notice may be timely performed or given on the next succeeding business day.
7.14. Survival. The respective warranties, representations, covenants, agreements, obligations and undertakings of each party hereunder shall be construed as dependent upon and given in consideration of those of the other party and shall survive the Close of Escrow and delivery of the deed.
8. Parcel Split. Seller shall diligently undertake any actions needed to provide a parcel split and/or to create any necessary multiple parcels.
9. Zoning / Entitlements. Buyer shall be responsible for procuring its own zoning requirements and entitlements.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
BUYER:
MB Developers, LLC, a California limited liability company By:
Name: Chelsey Marderosian Skoogland
Title: Manager
SELLER:
City of Dinuba
By:
Name:
Acknowledged and Agreed:
Chicago Title Company
By: ______________________________
Name:
Title:
DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631
EXHIBIT A
Legal Description of the Lot
To be attached by escrow
DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631 EXHIBIT A-1
Approximate location of the Property
DocuSign Envelope ID: FD292C18-4BD8-4C45-ADBC-CD13F1FC9631