Agenda packet — Exeter City Council, June 28, 2022

EXETER CITY COUNCIL ACTION MINUTES
JUNE 14, 2022
A regular session of the City Council, City of Exeter was held on Tuesday, June 14, 2022, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, and Justin Mills COUNCIL ABSENT: Dave Hails
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Daymon Qualls, Rainbow Moore, Spencer Supinger, Shonna Oneal, Eekhong Franco, and Hilary Robello
A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:00 p.m.

B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Mayor Pro Tem Alves and an invocation was given by Public Works Director Daymon Qualls.

C. SPECIAL PRESENTATIONS (if any): None
D. PUBLIC COMMENTS:

Joe Barss on behalf of the Lions Club addressed the Council regarding the upcoming fireworks show on July 3ra. They wanted to give back to the community and are putting on an event that will include, firework show, food vendors, cornhole and horseshoe tournaments, bounce houses, beer garden with paid security etc.

E. CONSENT CALENDAR:

It was moved by Mayor Pro Tem Alves, seconded by Council Member Mills, and carried 4-0 (Council Member Hails absent) that the items on the Consent Calendar be approved as presented with the exception of items #9 and #10.

1. Approve regular minutes of May 24, 2022, and special minutes of June 8, 2022

2. Payment of Bills

3. Payroll: May 27, 2022, and June 10, 2022

4. Treasurer's Report: October 2021

5. Award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc. of Madera, CA, in an amount of $205,865.50 for construction of the 2022 Reclamite Project.

6. Approve a request for a Special Event Facility Use and Street Closures for the Tulare County Amateur Radio Club consisting of private use of The Dale Sally Memorial Water Tower Park and adjacent city parking lot beginning at 6:00 a.m. June 25, 2022, ending June 26, 2022, at 4:00 p.m. subject to the conditions presented by staff.

7. Adopt Resolution 2022-21 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through July 14, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

8. Authorize the purchase of twenty-five ballistic helmets from Hard Head Veterans in the amount of $12,237.50.

9. Approve a request for a Special Event Facility Use and Street Closures for the Exeter Lions Club consisting of private use of Dobson Field and adjacent city parking lot for an Independence Day fireworks show July 3, 2022 with set up beginning at 8:00am, the show beginning at dusk and ending at 11:00 p.m., subject to the conditions presented by staff. Council Member Garver pulled this item for additional information. City Administrator Adam Ennis provided a brief report for Council's review and consideration. Following discussion, it was moved by Council Member Garver, seconded by Mayor Pro Tem Alves and carried 4-0 (Council Member Hails absent) to approve this item as presented and approve the fee waiver.

10. Approve a request for a Special Event Facility Use and Street Closures for the Exeter Lions Club consisting of private use of Exeter City Park and the closure of D Street between Chestnut and Cedar for an Independence Day Celebration, between the hours of 6:00 a.m. and 9:00 p.m., subject to the conditions presented by staff. Council Member Garver pulled this item for additional information. City Administrator Adam Ennis provided a brief report for Council's review and consideration. Following discussion, it was moved by Council Member Garver, seconded by Council Member Mills and carried 4-0 (Council Member Hails absent) to approve this item as presented.

ACTION MINUTES

EXETER CITY COUNCIL

Page 2 ends

F. INDIVIDUAL BUSINESS ITEMS:

1. Public Hearing and Consideration of the Adoption of an Uncodified Ordinance of the City Council of the City of Exeter Adopting a Military Equipment Use Policy per CA Assembly Bill No. 481. - City Attorney Julia Lew provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:35 p.m., receiving no public comment, closed the public hearing at 7:36 p.m. It was moved by Mayor Pro Tem Alves, seconded by Council Member Mills, and carried 4-0 (Council Member Hails absent) to adopt and give second reading to Ordinance 703, an Uncodified Ordinance of the City of Exeter regarding Police Acquisition and Use of "Military Equipment," read by title only and waiving further reading thereof.

2. Consider three nominees from the cities in Tulare County and select one nominee to serve as the Transit Representative to the Tulare County Association of Governments. - City Administrator Adam Ennis provided a report for Council's review and consideration. Council posed questions and City Administrator Adam Ennis and City Attorney Julia Lew provided a response thereto. Following discussion, it was moved by Council Member Garver, seconded by Mayor Pro Tem Alves, and carried 4-0 (Council Member Hails absent) to approve Kellie Carrillo (City of Porterville) as the City of Exeter's selection to serve as the Transit Representative on the TAG Board.

3. Receive, review, and discuss the 2022/2023 and 2023/2024 Two-Year Budget for the City of Exeter and provide direction to staff for finalizing and adoption of FY2022/2023 and FY2023/2024 budget and FY2022/2023 through FY2026/2027 Capital Improvement Plan on June 28, 2022. - Finance Director Rainbow Moore provided a report for Council's review and consideration.

G. CITY COUNCIL ITEMS OF INTEREST
Council Member Garver requested a review for Facility Use fees at a future council meeting.

H. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City. Public Works Director Daymon Qualls gave an update on the testing of Well E-6 located at Brickhouse Park.

I. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 8:22 p.m.

Hilary Robello, Deputy City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
06/10/2022 10:30:40 Check Register GL540R -V08.17 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT

BANK BANK OF THE SIERRA
005136 CENTER FOR DISCOVERY ANI 84651 06/09/22 600.00
005137 CYNTHIA SALDANA 84652 06/09/22
000132 GIANT CHEVROLET CO. 84653 06/09/22 48,368.44
005138 JESSICA WEAVER 84654 06/09/22
005131 KELSEY GILLES 84655 06/09/22
005134 LEVEN THOMPSON 84656 06/09/22
003365 84657 06/09/22
005133 LEILA HIKEY 84658 06/09/22
005135 MERRI LARSON 84659 06/09/22
005130 SEVERO CANO
005129 SHIRLEY CANNON 06/09/22
005132 TONY SOUZA 84662 06/09/22
BANK OF THE SIERRA 49,353.89 ***

AVENU FINANCIAL SYSTEM CITY OF EXETER
06/10/2022 10:30:40 Check Register GL54OR-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 49,353.89
RECORDS PRINTED - 000015

AVENU FINANCIAL SYSTEM CITY OF EXETER
06/21/2022 09:58:19 Check Register GL540R-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT

BANK BANK OF THE SIERRA
001548 AAA QUALITY SERVICES 84663 06/16/22 105.30
000109 AFLAC 84664 06/16/22 3,408.08
005140 ALI & MAGARITA NORVOZ 84665 06/16/
003435 AMERICAN BUSINESS MACHIN 84666 06/16/
005124 ANGEL RITCHIE/ MELANIE 84667 06/16/
003288 APPLICATION DATA SYSTEMS 84668 06/16/ 5,
002452 ARRO AUTOGAS 84669 06/16/
001538 AT&T 84670 06/16/
000816 AT&T MOBILITY 84671
002493 AVENU INSIGHTS & ANALYTI 84672
003437 BUZZ KILL PEST CONTROL 84673
002835 CALIFORNIA BUSINESS MACH 84674 06
001770 CALIFORNIA INDUSTRIAL RU 84675 06/
002791 CARRETERO/ VANESSA 84676
003345 CENTRAL CAL WATERWORKS, 84677
003646 CENTRAL VALLEY SWEEPING 84678
000860 CITY OF EXETER 84679 06/
002009 CITY OF VISALIA 84680
004096 COLANTUONO, HIGHSMITH & 84681
003592 COOK'S COMMUNICATIONS CO 84682
000612 CRAIGS AUTO PARTS 84683 1,
000101 CULLIGAN 84684
005141 CV SALTS 84685 1,
000222 DEPT OF JUSTICE 84686
003093 ELITE CORPORATE MEDICAL 84687 0000000000000000.
001546 EWING IRRIGATION PRODUCT 84688
000226 EXETER CHAMBER OF COMMER 84689
000227 EXETER IRRIGATION & SUPP 84690
000121 EXETER MERCANTILE co. 84691
002130 EXETER MOTORS, INC. 84692
005121 FABIAN/SHAWNA LECHUGA 84693
002242 FASTENAL COMPANY 84694 1,
000536 FOOTHILLS SUN-GAZETTE 84695
000312 FRESNO OXYGEN 84696
003074 FRONTIER CALIFORNIA INC. 84697
005123 GARY & SHAWNA ALDRIDGE 84698 06/
004192 GOLDSTROM/ NORM 84699 06,
001234 GOPHER GETTER 84700 06/1
003526 JACK ROOS IN BERGIUND 84701 06/1
000127 84702 06 /16/ 18,
005127 JENNIFER PEEPLES 84703 06/16/22 225.97
003365 LEAF, 84704 06/16/22 133.03
000139 MCCORMICK KABOT JENNER & 84705 06/16/22 3,258.00 004124 MCGEE REFRIGERATION INC 84706 06/16/22 504.14
001925 MEDALLION SUPPLY 84707 06/16/22 212.59
005126 NYDA BARRIOS 84708 06/16/22 57.76
005056 PACE SUPPLY CORP. 84709 06/16/22 2,459.01
005122 PEDRO PEREZ 84710 06/16/22 37.27
06/21/2072 09:58 :158M CITY OF EXETER
06/21/202: Check Register GL540R-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT

BANK BANK OF THE SIERRA
005014 PENA 'S DISPOSAL INC 84711 06/16/22 309.52
000719 PRESSLEY & ASSOCIATES, I 84712 06/16/22 35,733.00 000204 SELF-HELP ENTERPRISES 84713 06/16/22 3,059.25
000252 SIMMONS TIRE SERVICE 84714 06/16/22 1,160.10
000151 SOUTHERN CALIFORNIA EDIS 84715 06/16/22 33,957.34 000152 SOUTHERN CALIFORNIA GAS 84716 06/16/22 354.86
000126 STANDARD INSURANCE CO. 84717 06/16/22 2,409.47
003655 SUNBELT RENTALS, 84718 06/16/22 294.37
001243 SURESE RANTROME TAL SCI 84719 06/16/22
531.85
003433 T-MOBILE 84720 06/16/22 183.31
001800 TU CO ENVIRONMENTAL HEAL 84721 06/16/22 1,043.00 000143 UNITED STATES POSTAL SER 84722 06/16/22 210.00
001641 UNIVAR USA INC 84723 06/16/22 2,827.61
002127 US BANK N.A. 84724 06/16/22 38.25
000233 VERIZON WIRELESS 84725 06/16/22 1,293.90
004052 WALKER/ JESSICA 84726 06/16/22 50.00
004186 WELL REHABILITATION SERV 84727 06/16/22 39,762.51 005125 WHITNEY WALTER 84728 06/16/22 104.59
000580 5957 S. MOONEY BLVD 84729 06/16/22 345.40
BANK OF THE SIERRA 222,856.56 ***

AVENU FINANCIAL SYSTEM CITY OF EXETER
06/21/2022 09:58:19 Check Register GL540R- V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 222,856.56
RECORDS PRINTED - 000255
JN-06/22/2022 14.29.25 PAC
SAY FOR HE RENTSTER 311R-V14.

Paymate
DIRECT DEPOSE IS T0R20 32 6/19/2022 CHECK DATE 6/24/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO
1225 1 VENDOR CHECK
TULARE COUNTY SHERIFF 1 VENDOR CHECK
1227 502.92 ROMERO/ JOSE
273.19 JOHNS/KEVIN
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS COUNTS
176.11 *EMPLOYEE CHECK
524.79 * VENDOR CHECKS
AONN

0.00 *BANK CHECKS
1,300.86 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS • 0
*CANCELLED CHECK:
1,300.86 **TOTAL FOR CHECK FORM

NON- NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS • o
PAYROLL. RUN -06/22/202: 14.29.25 PAGE'
PAYRO FORM STUB SICEREGISTER PR311R-V14.1 Paymate
PERIOD 2 DATING BERTOP SIS 10620206/29/2022 CHECK DATE 6/24/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
50232 36.5 CLOCEA 1 VENDOR STUB ONLY
50233 27. 0 EXETER POLICE OFFICER AS 3 VENDOR STUB ONLY 50234 172.59 EXETER POLICE OFFICER AS ЗА ONLY
50235 4,593.74 ENNIS /ADAM 206
50236 2,813 • 28 ONEAL/SHONNA N 203
50237 2,076.85 ROBELLO/HILARY 709 UT
50238 1,295.52 CARTER/AMY JO 502
50239 1,664.37 CORREA/BIANCA 630
50240 1,294.61 GARVER/ELIJAH 712
50241 931.67 LARSON /MERRI 713
50242 3,165.47 PARK MOORE/YUN GYUNG 703
50243 649.66 SANCHEZ/CESILIA 307
50244 1,492.33 SANTOYO/AIDE G 710
50245 2,653.85 FRANCO / EEKHONG 304
50246 1,588.91 PHILLIPS/ZACHARY 705
50247 1,411.15 CARRETERO/VANESSA 402
50248 2,638.55 CORREA/GABRIEL JR 436
50249 2,119.07 CULLUM/TRENT 444
50250 3,739.95 DURKEE/MARK 404
50251 2,587.85 ECHEVARRIA/TYLER J 443
50252 3,373.04 HALL/JOHN T 406
50253 2,096.64 HAMPTON/JUSTIN 446
50254 2,387.98 HAYES/CURTIS 437
50255 2,472.40 INGLEHART/BRETT A 411
50256 1,040.56 LUJAN / JOSHUA 715
50257 1,409.90 MARX/CHRIS 706
50258 2,425.38 PHELPS /KEVIN M 429
50259 558.76 SHIELDS/ ZION 708
50260 1,461.28 VILLARREAL/ISIDRO 707
50261 2,473.24 YARBER/ISABEL 422
50262 940.94 ALDRIDGE/GARY 618
50263 1,408.66 ARROYO/MARIE 623
50264 1,608.95 BRASSFIELD/TRAVIS 619
50265 1,675.43 ESPINOLA/DANIEL M 602
50266 458.81 GOLDSTROM/NORMAN 629
50267 1,580.50 HUGGINS/KYLE AARON 621
50268 2,928.08 QUALLS/DAYMON 607
50269 98.55 QUALLS/DAYMON 607
50270 1,266.44 RAMIREZ/ JUAN 608
50271 293.00 WENDT/EDDIE 626
50272 898.82 MILLAN/MARCUS 622
50273 1,368.70 MILLER/JAMES 624
50274 942.51 TIRWALD/PHILII 625
50275 1,228.72 QUIROZ/PATRICK P 512
50276 2,284.31 PRIDEAUX/TRACI 448

CITY OF EXETER
Phone 502-3710 - Fax. 592-3356
Treasurer's Report November 2021
Beginning Balance as of November 1, 2021
Deposits 659,779.66
#1565 22,906.97
#1566 83,171.15
#1567 180,479.15
*15G8
#1569 7,909.36
Direct Deposit #1570 1,427,269.24

TOTAL DEPOSITS
1,791,947.79
Withdrawals City Checks Processed 315,784.96
Payroll EFT 140,910.04
Payroll Checks 127.38
CaPERS Retirement costs 43,960.75
P/R Taxes 26,266.15
Def Comp es us us us us es us es as es 1,704.30
FSA Disbursements 1,237.AS
Chargebacks 601.30
State DU 737.52
Chargeback Fees 30.00
Wire Transfer Fees 20.00
BOTS Wire Transfer to LAIF 500,000.00
BOTS Debit Correction 0.60

TOTAL WITHORAWALS

1.031.38045
ding Bank Balance as of Movember 30,. 1,420,347.00
epeated cess of hand a. 12,089.70
Bank of the Sierra ending balance 1,432,436.70
Outstanding Checks
General 47,484.36
Payroll 676.59
48,161.25
Adjusted Bank Balance os of November 30, 2021 1,384,27545 Investments
US Savings 542,354.60
Government Agency Bond
CD's/ U.S. Treasury Notes 1258,457.03
Local Agency investment Fund 8,560,356.59
Fair Market Value Adjustment gain/(loss) $26.96
Charles Schwab 0.23
Exeter PD Safekeeping 12,992.24
Total City Funds 11/30/2021 10.375.377.65
11,759,653.10
Ratio of invested funds/Available Funds 88%
City of Exeter
Treasurer's Report
Investments as of 11/30/2021
Bate Maturity Date Description Purchase Dats Prinsipal Value Sertificates of Degrals
240% 11/15/2022 CAPITAL ONE ARKED Nov-17 $ 247,000
030% 12/18/2023 Dec-20 s 249,000

0.40% BMW BANK NORTH AMERICA
1/29/2025 MERRICK BANK Jan-21 s 249,000

1.03% Average
745,000
Treasuny Oblications

1.625% 11/30/2026 U.S. Treasury Notes 0c1-21 $ 500,000.00 500.000
Money Market Funds

0.02210% Demand Local Agency Investment fund 8,560,557

0.00498% Demand US Savings 542,855
Demand Charles Sewab

0.23 Government Securities 9,103411
Total Investments
— 10348415
Prepared By 6.47.22
Date:

06.14.2022
Approved Hy: _Dare:

Page 1 of 1 ends

CITY OF EXETER
PO DON 21-137 NE STREET. ENTER 9321
Phone 592-3710 - Fax 592-3556
Treasurer's Report Desember 2021
Beginning Balance as of December 1, 2021 1,420,347.00
Deposits
#1571 12.089.7C
83572 29,918.93
#1573 105,223.24
#1574 290,263.44
81575 20,722.40
Direct Deposit 41576 1.837,209.34
TOTAL DEPOSITS 2,294,427.05
Withdrawals City Checks Processed 443,609.40
Payroll EFT 152,084.31
Payroll Checks 127.38
CaPERS Retirement costs 47,573.75
P/R Taxes 26,570.43
Def Comp 1,136.20
FSA Disbursements 818.16
Chargebacks 185.19
State DU 1,175.40
Chargeback Fees 20.00
Wire Transfer Fees es us us us

20.00 BOTS Wire Transfer to LAIF 500,000.00
BOTS Debit Correction 0.01
Postage Upload 1,500.00
YOTAL WITHDRAWALS $ 1.174,920.23
Ending Bank Rolance of of December 31, 2021 2,539,853.82 Undeposited tosh on hand 41577 14,506.23
Bank of the Sierra ending balance 2,554,360.05
Outstandin& Shesks
General 228,671.88
Payroll 1,818.09
230,489.97
Adjusted Bank Balance os of December 31, 2021 2,323,870.08 Investments
US Saving: $43,308.28
Government Agency Bond
CO's/ U.S. Treasury Notes 1,253,457.03
Local Agency Investment Fund 9,060,556.59
Fair Market Value Adjustment gain/(loss) 526.96
Charles Schwab 0.23
Exeter PD Safekeeping 12,982.24
Total City Funds 12/31/2021 10.875,831.33
13,199,701.41
Ratio of invested Funds/Avallable Funds 82%
City of Exeter
Treasurer's Repon
Investments as of 12/31/2021
Rats Maturity Date pessriation Purchase Dals Prinsipal Valus Certificates of Deposit

2.40% 11/15/2022 CAPITAL ONE HAKEO 247,000

0.30% 12/18/2023 BMW BANK NORTH AMERICA 249,000

0.40% 1/29/2025 MERRICK BANK 249,000

1.03% Average 745,000
Ireasury Obleations

1.625% 11/30/2026 U.S. Treasury Notes 0t-21 $ 500,000.00 500,000
Money Market Funds

0.02210% Demand Local Agency Investment Fund 9,060,557

0.00495% Demand US Savings =1 $43,308
Demand Charles Swab

0.23 9.603,865
Government Securities
Total investments
10313865
Prepared By. zeal Date: (22.22
Approved By: Date: 6-72.232
R. Moore

Page 1 of 1 ends

City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022 For action by:

X City Council
Agenda Item Number: H5
Wording for Agenda: Award and authorize the City Administrator Regular Session:
to execute an agreement with the lowest responsible bidder, MAC X Consent Calendar General Engineering, Inc. of Exeter, CA in an amount not to exceed Regular Item $170,180.10, for construction of the 2022 Annual Concrete Repairs Public Hearing Project beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions. Review:

Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 (Initials Required)
Email: [email protected]
Department Recommendation:

Staff recommends that Council award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, MAC General Engineering, Inc. of Exeter, CA in an amount not to exceed $170,180.10, for construction of the 2022 Annual Concrete Repairs Project beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions.

Summary/Background:

As the City moves forward with developing and implementing its annual street maintenance programs, it is important to have certain contracts in place for remedial repair work that must be completed prior to applying the various asphalt treatment options. Accordingly, staff desires to establish a contract for on-call services to provide concrete repairs on City-owned or right-of- way properties, such as streets, alleys, roadways, parking lots and pads. Typical work would include curbs, gutters, sidewalks, ramps, drainage structures and flatwork.

On May 20, 2022, staff advertised a Request for Bids for this project (RFB 22-004) and received three (3) construction bids on June 15, 2022. MAC General Engineering, Inc of Exeter, CA submitted the apparent low bid of $170,180.10. Because it's impossible to foresee exactly what repairs might be needed throughout the year, the RFB contained a list of typical bid items with staff's best initial estimated quantities to represent a not-to-exceed cost if all needed repairs are made under the contract. As this work is completed over the next few years staff will be able to more accurately estimate the anticipated amount of work to be done under the contract in a year, although some variation should still be anticipated
The following is a summary of the construction bids that were received:

American Paving Company $225,970
Sierra Range Construction $578,130
MAC General Engineering, Inc. $170,180.10
MAC General Engineering Inc's bid proposal for this project has been reviewed by staff and all required information submitted has been determined to be complete and responsive.

Fiscal Impact: The Council approved CIP schedule for FY 20/21 and FY 21/22 has funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects. In addition to these programmed funding sources, a portion of LTF and Measure P funds could potentially be used also.

Prior Council/Board Actions: None
Attachments: 2022 Annual Concrete Repair Project Contract Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: 1 move to award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, MAC General Engineering, Inc. of Exeter, CA in an amount not to exceed $170, 180.10, for construction of the 2022 Annual Concrete Repairs Project beginning July 1, 2022, for a term of one (1) year, with [four (4) optional 1-year extensions.

CONTRACT

CITY OF EXETER

STATE OF CALIFORNIA
This Contract for the construction of the FY 22 ANNUAL CONCRETE REPAIRS, is made between the City of Exeter, (hereinafter "The City"), and MAC General Engineering, Inc., (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Exeter Engineering Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner, the FY 22 ANNUAL CONCRETE REPAIRS, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof.

Said work to be done is shown upon the following plans:

RFB No.: 22-004
Project Name: FY 22 ANNUAL CONCRETE REPAIRS
Project No.: 22-004
which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Exeter and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
2022 ANNUAL CONCRETE REPAIR SCHEDULE BY ITEM
CONTRACT - RFB 22-004 - ANNUAL CONCRETE REPAIRS

Page 1 ends

Combined Total of all items below.

Uni
Est. Annual Total Annual
tem Description COV Standard
Pri Qty Cost
ce
Curb Types
Barrier Curb and Gutter C-1 50lf
/If. $3,716.
$74.
32 Projects vary from 3lf to 200lf. Average project size is 25lf 2 Roll Type Curb and Gutter C.2 125lf
/lf. $3,716.25
$29.
73 Projects vary from 3lf to 200lf. Average project size is 25lf 3 Vee Gutter C-3 50lf
/If. $3,716.
$74.
32 Projects vary from 3lf to 200lf. Average project size is 25lf Median Curb Type B1-6, Retaining Curb and Landscape Curb C-12 25lf /lf. $3,716.25
$148
.65
Projects vary from 3lf to 200lf. Average project size is 25lf Sidewalk Types
5 Sidewalk - Residential with Parkway or Curb Adjacent C-8 Isq.ft 720sf Including Office / Commercial $62.21 $44,791.20
Projects vary from 12sf to 200sf. Average project size is 60sf 6 Sidewalk - Transitions (Same as C - 8, Cost To Be Included Above) C-10 /sq.ft 780sf $62.19 $48,508.20
Projects vary from 12sf to 200sf. Average project size is 60sf CONTRACT - RFB 22-004 - ANNUAL CONCRETE REPAIRS

Page 2 ends

Curb Returns with Sidewalk Connections
7 20' Radius Curb Return with Sidewalk Connection - C-4 $19,983.53 Ea 1 $19,983.53 Cross Gutter
8 20' Radius Curb Return with Sidewalk Connection - (Alt) C-5 $20,192.42 Ea 1 $20,192.42 Cross Gutter
20' Radius Curb Return with Sidewalk Connection - C-6 N/A Curb and Sidewalk Return (Cost To Be Included in Above C-4 & C-5) 10 20' Radius Curb Return with Sidewalk Connection C-7 _Ea. 1 N/A Curb and Sidewalk Return Scoring Detail
(Cost To Be Included in Above C-4 & C-5)
Sidewalk Grinding
11 Grind Concrete Sidewalk on Curb /If. 100lf
$26.10 $2,610.

Projects vary from 3lf to 50lf. Average project size is 10lf Drive Approaches
12 Residential Drive Approach Includes Residential, Commercial, C-9 /sq.ft 325sf Office and Industrial $16.28 $5,291.

Projects vary from 80sf to 325sf. Average project size is 325sf 13 Curb Removal for Drive Approach C-11 /sq.ft 550sf
$8.09 $4,449.50
Projects vary from 135sf to 550sf. Average project size is 550sf Drainage Inlets
14 Drainage Inlet SD-1 Ea. 1
$9,489.75 $9,489.75
$170,180.10
TOTAL ANNUAL COST (Items 1-14)
RFB: 22-004 Annual Contract for Concrete Repair
TOTAL ANNUAL COST: One hundred seventy thousand, one hundred eighty dollars (words)
CONTRACT-RFB 22-004 -Ag WAL CONCRETE REPAIRS
and ten cents
(words)
(1) MAC General Engineering, Inc.

Bidding Firm
(2) Corporation
Corporation, Partner, Joint Venture
(3) P.O. Box 178 Exeter, CA 93221
Business Address City State Zip Code
(559) 592-1888 (559) 592-1899
Telephone Number Fax Number
[email protected]
E-mail Address
(4)
Signature of Authorized Person Date
Marty Adams - President 6-14-2022
Type or Print Authorized Person's Name
$170,180.10 (numbers)
$ One hundred seventy thousand one hundred eighty and ten cents (written out) In case of a discrepancy between unit price and total, the unit price shall prevail.

CONTRACT - RFB 22-004 - AN UAL CONCRETE REPAIRS
If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to deliver the payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the City of Exeter, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, atter the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Exeter.

ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Exeter in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

CONTRACT - RFB 22-004 - ANNUAL CONCRETE REPAIRS

Page 5 ends

Commercial General Liability insurance with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles and shall be provided by a business automobile policy.

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City's Purchasing Division, Attention:

Purchasing
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claim made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claim made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.

ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

CONTRACT - RFB 22-004 - ANNUAL CONCRETE REPAIRS

Page 6 ends

IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.

CITY OF EXETER CONTRACTOR
City Administrator Date By: Authorized Agent Date
ATTEST:

Print Name, Title
City Clerk Date
APPROVED AS TO FORM:

City Attorney Date Project Manager Date
Risk Manager Date
CONTRACT - RFB 22-004 - ANNUAL CONCRETE REPAIRS

Page 7 ends

City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: H6 X City Council
Wording for Agenda: Award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Valley Regular Session:

Green Landscape and Maintenance of Visalia, CA in a base annual X Consent Calendar amount of $78,480 to provide landscape maintenance services for Regular Item the City's parks and public buildings beginning July 1, 2022, for a _Public Hearing term of one (1) year, with four (4) optional 1-year extensions.

Review:

Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:

Staff recommends that Council award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Valley Green Landscape and Maintenance of Visalia, CA in a base annual amount of $78,480 to provide landscape maintenance services for the City's parks and public buildings beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions.

Summary:

On May 16, 2022, staff advertised a Request for Bids (RFB 22-005) for landscape maintenance services for the City's parks and public buildings and received four (4) bids on June 8, 2022.

Valley Green Landscape and Maintenance of Visalia, CA submitted the lowest bid in the amount of $78,480. This price excludes the cost of replacement parts or extra work requested by the City.

Following is a summary of the bids that were received:

Visalia Landscape and Tree Service $472,800
Elite Maintenance and Tree Service $419,916
Westscapes, Inc. $171,336
Valley Green Landscape and Maintenance $78,480
Valley Green Landscape and Maintenance's bid proposal has been reviewed by staff and all required information submitted has been determined to be complete and responsive.

Background:

On June 12, 2018, the Exeter City Council awarded a contract in an annual base amount of $65,520 to Valley Green Landscape and Maintenance of Visalia for landscape maintenance services for the City's parks and government facilities. The contract was for a two (2) year term with an expiration date of June 30, 2020.

Because the contract expired during the peak of the COVID-19 pandemic, the contractor agreed to continue services at the same pricing on a month-to-month basis until the City could advertise a request for bids.

Fiscal Impact: Landscape maintenance services for the City's parks and public buildings are paid from the General Fund. The new contract for services comes with an annual increase of $12,960 (20%) over the cost of the previous contract.

Prior Council/Board Actions: On June 12, 2018, the Exeter City Council awarded a contract in an annual base amount of $65,520 to Valley Green Landscape and Maintenance of Visalia for landscape maintenance services for the City's parks and government facilities.

Attachments: Contract for Landscape Maintenance Services For The City Of Exeter's Parks And Public Buildings
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Valley Green Landscape and Maintenance of Visalia, CA in a base annual amount of $78,480 to provide landscape maintenance services for the City's parks and public buildings beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions.

CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR

THE CITY OF EXETER'S PARKS AND PUBLIC BUILDINGS
(City of Exeter Bid No. 22-005)
This Agreement, entered into and effective this Ist day of July, 2022 ['Effective Date"), by and between the City of Exeter, hereinafter referred to as the "CITY", and Valley Green Landscape and Maintenance hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT".

RECITALS
WHEREAS, CONTRACTOR is a sole proprietor with a primary business address of 31223 Rd. 160, Visalia, CA 93292 and EIN: 453236714; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for Landscape Maintenance Services for the City's Parks and Public Buildings; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Exeter RFB 22-005 - Landscape Maintenance Services - Parks and Public Buildings
Attachment 2 CONTRACTOR's bid in response to RFB 22-005 CONTRACTOR will invoice the City on or before the 5th of each month.

CONTRACTOR shall provide all work/services described in "Scope of Services" in RFB 22-005.

3. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor on a monthly basis Within 30 days from date of invoice for completed work

4. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

Total Compensation: $78,480
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work
City oi Exeter, California
Contrect - RFB : 22-006 - Landscace Meintenance Services - Parks and Public Buildinge

5. INSURANCE:

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below in addition to that described in Attachment 1.

6. Indemnification:

Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers ("City Indemnitees") from and against all liability, loss, damage, expense, and cost including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising ; from Contractor's performance of this agreement, the Contractor shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of EXETER in any emergency, the Contractor shall unconditionally comply therewith.

It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

7. AFFIRMATION:

Contractor affirms that the signatures, titles, and seals set forth hereinafter in City of Exeter, California
Contract - RFB # 22-005 - Landscame Meintenance Services - Parks and Puolic Sulicings execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

8. INTEGRATION/MODIFICATION:

The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of
which are hereto attached, are hereby incorporated in and made part of this Agreement.

9. ARBITRATION:

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. ATTORNEY FEES:

In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.

11. FIREARMS PROHIBITED:

Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.

City of Exeter. Callforia
Contract - RFB $ 22-005 - Landscace Mainenance Servoes - Parks and Public Buildings IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: By:

Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF EXETER
Dated: By:_
City Administrator
Dated: By:_
City Attorney
Dated: By:

City Risk Manager
Dated: By:-
City Project Manager
City of Exeter, California
Conirac: - RFS # 22-005 - Landacace Maintenanca Services - Parks and Pudle Buidinag City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: H7 X City Council
Wording for Agenda: Award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Valley Regular Session:

Green Landscape and Maintenance of Visalia, CA in a base annual X Consent Calendar amount of $72,480 to provide landscape maintenance services for Regular Item the City's landscape and lighting districts beginning July 1, 2022, for Public Hearing a term of one (1) year, with four (4) optional 1-year extensions.

Review:

Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318
Email: [email protected] (Initials Required)
DoC
Department Recommendation:

Staff recommends that Council award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Valley Green Landscape and Maintenance of Visalia, CA in a base annual amount of $72,480 to provide landscape maintenance services for the City's landscape and lighting districts beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions.

Summary:

On May 16, 2022, staff advertised a Request for Bids (RFB 22-006) for landscape maintenance services for the City's landscape and lighting districts and received two (2) bids on June 8, 2022.

Valley Green Landscape and Maintenance of Visalia, CA submitted the lowest bid in the amount of $72,480. This price excludes the cost of replacement parts or extra work requested by the City.

Following is a summary of the bids that were received:

Westscapes, Inc. $118,848
Valley Green Landscape and Maintenance $72,480
Valley Green Landscape and Maintenance's bid proposal has been reviewed by staff and all required information submitted has been determined to be complete and responsive.

Background:

On November 22, 2016, the Exeter City Council awarded a contract in an annual base amount of $58,200 to Valley Green Landscape and Maintenance of Visalia for landscape maintenance services for the City's landscape and lighting districts. The contract was for a two (2) year term with an expiration date of December 31, 2019.

When the contract expired, the contractor agreed to continue services at the same pricing on a month-to-month basis, until the City could advertise a request for bids.

Fiscal Impact: Landscape maintenance services for the City's landscape and lighting districts are paid from assessments collected from property owners within the various landscape and lighting districts. The new contract for services comes with an annual increase of $14,280 (25%) over the cost of the previous contract. The district assessments will continue to be evaluated annually and assessments increased where needed and allowed. Any deficit districts not able to overcome new increased costs will be brought back to Council for review and consideration.

Prior Council/Board Actions: On November 22, 2016, the Exeter City Council awarded a contract in an annual base amount of $58,200 to Valley Green Landscape and Maintenance of Visalia for landscape maintenance services for the City's landscape and lighting districts Attachments: Contract For Landscape Maintenance Services For The City Of Exeter's Landscaping And Lighting Districts
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Valley Green Landscape and Maintenance of Visalia, CA in a base annual amount of $72,480 to provide landscape maintenance services for the City's landscape and lighting districts beginning July 1, 2022, for a term of one (1) year, with four (4) optional 1-year extensions.

CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR

THE CITY OF EXETER'S LANDSCAPING AND LIGHTING

DISTRICTS
(City of Exeter Bid No. 22-006)
This Agreement, entered into and effective this 1st day of July, 2022 ('Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY", and Valley Green Landscape and Maintenance hereinafter referred to as the "CONTRACTOR", "BIDDER", "SUBRECIPIENT".

RECITALS
WHEREAS, CONTRACTOR is a sole proprietor with a primary business address of 31223 Rd. 160, Visalia, CA 93292 and EIN: 453236714; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for Landscape Maintenance Services for the City's Landscape and Lighting Districts; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Exeter RFB 22-006 - Landscape Maintenance Services - Landscape and Lighting Districts
Attachment 2 CONTRACTOR's bid in response to RFB 22-006 CONTRACTOR will invoice the City on or before the 5th of each month.

CONTRACTOR shall provide all work/services described in "Scope of Services" in RFB 22-006.

3. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor on a monthly basis Within 30 days from date of invoice for completed work

4. COMPENSATION:

Total Compensation: $72,480
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work
City of Exeter. California
Contrei - RES : 22-006 - Landscace Maintenance Services - Landscepe and Ligiting Disincis

5. INSURANCE:

6. Indemnification:

Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers ("City Indemnitees") from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this agreement, the Contractor shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of EXETER in any emergency, the Contractor shall unconditionally comply therewith.

7. AFFIRMATION:

Contractor affirms that the signatures, titles, and seals set forth hereinafter in City of Exeter, California
Contract - RFB = 22-006 - Landscaoe Maintenance Services- Landscape and Lighling Districts execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

8. INTEGRATION/MODIFICATION:

9. ARBITRATION:

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators) may be entered in any court having jurisdiction thereof.

10. ATTORNEY FEES:

11. FIREARMS PROHIBITED:

City of Exeter, Califomnia
Contract - RFD = 22:008 - Landscane Maintenance Services - Landscape and Lighting Districis IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated:_ By:_
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF EXETER
Dated:_ By:_
City Administrator
Dated: By:_
City Attorney
Dated: By:_
City Risk Manager
Dated: By:_
City Project Manager
City of Exeter, California
Contract - RFB # 22-006 - Landscade Maitenance Services - Landscace and Lighting Districts City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: 11 X City Council
Wording for Agenda: Public Hearing to adopt Resolution 2022-22 Regular Session:
establishing an FY 2022-2023 General Fund appropriation limit of - Consent Calendar Regular Item
$10,279,543. X Public Hearing
Submitting Department: Finance Review:

Contact Name: Rainbow Moore, Finance Director City Administrator Phone Number: (559) 592-2755
Email: [email protected] (Initials Required)
Department Recommendation:

Staff recommends that Council hold the public hearing and adopt Resolution 2020-22 establishing an FY 2022-2023 General Fund appropriation limit of $10,279,543.

Summary/Background:

In 1979, California voters approved Proposition 4, informally known as the "GANN Initiative" which provides limits to the amount of tax proceeds state and local governments spend each year. Annually City Council is required to establish an appropriation limit for the City of Exeter to comply with this legislation. The California Revenue and Taxation Code, Section 2227, mandates that the State Department of Finance transmit an estimate of the percentage change in population at the beginning of the year to local governments which is the basis for this calculation (See Attachment B).

The State of California provides the population and California per capita personal income change data for local jurisdictions to calculate their appropriations limit. Each local jurisdiction must use the percentage change in population factor from January 1, 2022, in conjunction with a change in the cost of living or cost factor, to calculate their appropriations limit for fiscal year 2022-2023. As shown on the Attachment A, the percentage change of personal income per capita over the prior year was 7.55 (a 32% increase from January 1, 2021). The population percent change for Exeter was -0.47 percent (a further decline from the prior year of -0.24).

Based on this information, the 2022-2023 General Fund appropriation limit for the City of Exeter is $10,279,543 as shown in Table 1. The GANN limit increase from $9,653,054 (FY2021/2022) to $10,279,543 is mainly from the increase in state-wide per capita personal income.

The General Fund is the only fund subject to the appropriation limit mandated by the State. The proposed appropriation for the General Fund for FY2022-2023 is $5,623,300 which represents 55% of the appropriation limit. Any challenge must be brought within 45 days from the effective date of the resolution.

Table 1: City of Exeter GANN Appropriation Limit for FY2022-2023

CITY OF EXETER GANN APPROPRIATIN LIMIT
For FY 2022-2023
Appropriation Limit FY 2021-2022 $ 9,603,054
Growth Factor:
1) Population Change (-0.47 from Attachment B) 0.99530
Per Capita Income Change (7.55 from Attachment A) 1.07550 Il. Calculation of Growth Factor: 1) × 2) 1.07045
New GANN Amount with the growth factor (1 × II) $ 10,279,543 Prior Council/Board Actions: In previous years the Council has adopted Resolutions establishing General Fund appropriations limits.

Attachments: Resolution 2022-22
Attachment A - California Department of Finance Letter with Per Capita Personal Income Change for FY2022-2023
Attachment B - Annual Population Change for Exeter
Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2022-22 establishing an FY 2022-2023 General Fund appropriations limit of $10,279,543.

RESOLUTION 2022-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER
ESTABLISHING THE 2022-2023 APPROPRIATIONS LIMIT
WHEREAS, IN 1979, California voters approved Proposition 4 (Article XIII-B of the California State Constitution), informally known as the "GANN Initiative", which provides limits to the amount of tax proceeds state and local governments spend each year; and WHEREAS, in 1980, the State Legislature added Section 9170 of the Government Code stating that the governing body of each City must establish by resolution, an appropriation limit for the following year. The limit for any fiscal year is equal to the previous year's limit, adjustec tor population changes and the change in the U.S. Consumer Price Index (or California per capita personal income, if smaller). The information is provided by the California Department of Finance.

WHEREAS, Proposition 111 modified Article XIII-B. A City may choose which annual adjustments to use. The adjustment factors include the growth in the California Per Capita Income, or the growth in the non-residential assessed valuation due to construction within the City and the population growth within the City or county.

IT IS NOW THEREFORE RESOLVED THAT; the appropriations limit as defined by Propositions 4 and 111 is set at $10,279,543 for the 2022-2023 fiscal year using the personal income per capita change of 7.55 and the population percent change of -0.47 as established by the Department of Finance.

PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JUNE, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
NT

DEPARTME
DEPARTMENT OF Gavin Newsom = Governor
CALIFORNIA FINANCE 1021 0 Street, Suite 3110 • Sacramento CA 95814 • www.dof.ca.gov

OFFICE OF THE DIRECTOR
May 2022
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55 *
Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 Fiscal Year 2022-23
Attachment B
Annual Percent Change. in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
County Percent Change = Population Minus Exclusions -.. Population City 2021-2022 1-1-22 1-1-2022
Tulare
Dinuba 1.03 24,872 25,127 25,127
Exeter -0.47 * 10.305 10,257 10.257
Farmersville -0.67 10,308 10,239 10.239
Lindsay -0.46 12.624 12,566 12,566
Porterville -0.25 62,314 62,156 62,345
Tulare 0.34 69.229 69,462 69.462
Visalia 0.57 141,279 142,091 142,091
Woodlake 1.80 7,513 7,648 7,648
Unincorporated -0.09 135,342 135,224 135,279
County Total 0.21 473,786 474,770 475,014
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: 12 X City Council
Wording for Agenda: Public Hearing to adopt Resolution 2022-23 approving the 2022/2023 and 2023/2024 Two-Year Budget for the Regular Session:

City of Exeter based on direction from Council. _ Consent Calendar Regular Item
X Public Hearing
Submitting Department: Finance/Administration
Contact Name: Rainbow Moore, Finance Director Review:

Adam Ennis, City Administrator
Phone Number: 559-592-2755
Email: [email protected] ity Administrato
Initials Required
Department Recommendation: ABE.

Staff recommends that Council provide direction and then adopt Resolution 2022-23 approving the 2022/2023 and 2023/2024 Two- Year Budget including:
- Directing staff to:

Revise any Operating line items as desired
• Adjust projects listed in CIP as desired
• Re-appropriate (rollover) existing capital projects or operating funds encumbered or designated into the 2022/2023 budget
• Move General Fund savings to reserve, if it occurs
- Conducting a Public Hearing
- Adopting 2022/2023 and 2023/2024 budget including:
• Operating Budget
• Capital Improvement Plan (CIP)
- Affirming the City's adopted Financial Policies
• Pass a Balanced Budget
• Build Budget Reserve of 25% of expenditures (all operating funds) • Use one-time and unexpected revenues to build reserves or for capital or special projects
Enterprise Rates should be set to recover operating costs • Investment Policy will keep cash liquid and safe
• Debt Management, debt will be used sparingly
• Annual Audit, annual financial audit will be conducted timely Summary
The adoption of the Budget sets forth the initial appropriations for the upcoming fiscal years.

For FY 2022/23 and FY2023/24, total General Fund appropriations of $5,623,300 and $5,794,610 have been balanced against projected revenues without the need to use General Fund reserves. If adopted as they are, the overall General Fund budget will be balanced as required by the City's Financial Policy.

The two major components of the City's finances are the General Fund and the Enterprise Funds, with the remaining non-discretionary funds essentially being pass through funding designated for specific purposes. The General Fund has seen improvements through cost savings and revenue increases which provided the opportunity for the Council to choose to significantly increase the reserve. At FY2021 fiscal year end, the City had over 56% in unrestricted General Fund balance, and it is anticipated that the reserve level will increase to approximately 70% level at FY2022 fiscal year end. There have been several one-time factors contributed to the rapid growth in General Fund reserves such as elimination of recreation staffing during COVID restrictions, initial COVID funding assistance, deferred capital improvements (IT, building, and vehicles), and various COVID related program disruptions.

The Enterprise Funds have also experienced significant financial improvement with rate increases implemented and approved through the end of December 2024. In addition, previous United States Department of Agriculture debt has been refinanced in both the Water and Sewer funds, releasing restricted funding to bring both funds back into positive financial territory quicker than with the rate increases alone. Rate increases also occurred in the Sanitation Fund, which will also bring that fund back in the black over the next few years. Additionally, to comply with the SB1383 Organics Recycle Mandate, the Sanitation Fund had undergone another rate increase through the Prop 218 process in December 2021. The recent rate increases in the Sanitation Fund, however, will be offset by the increases in expenditures to comply with the complicated new recycling mandate. While improvement in the Enterprise funds will take several years to come to full fruition, they are headed down the road to financial recovery. This recovery now provides the opportunity for development of a forecasting Capital Improvement Program (CIP) for planning projects that will provide increased system reliability.

Table 1 "Proposed Appropriations" shows the total amount of appropriations reflected in the Judget presented. Council may provide additional direction and input today as it desires Council always has the ability to reshape the budget as it sees fit throughout the year Table 1: Proposed Appropriations for FY2022/23 & FY2023/24 Funds FY 2022-2023 FY 2023-2024
General Fund $5.623,300 $5.794.610
Measure P Fund 1,368,700 1,251,800
American Rescue (ARPA) 2,125,127
Road Funds 4,775,534 2.507,600
Housing Funds 921,500 562,000
Other Sp. Revenues 488,000 393,000
Water Fund 3,748,900 3,279,650
Sewer Fund 2,500,000 2,106,400
Sanitation 1,820,600 1,987,600
Insurance 1,478.000 1,615,100
Total $24,849,661 $19,497,760
With continued economic recovery, adherence to the City Council's Financial Policies, a commitment to addressing future pension and infrastructure costs, the City of Exeter is continuing to move towards solid fiscal health. However, the City must remain vigilant with the finances as economic uncertainties seem far from over, with continued inflation and supply chain disruptions, elevated energy and fuel prices, Federal Reserve tightening, unforeseen consequences related to future COVID-19 variants, and geopolitical concerns resulting from the war in Ukraine. Updating the City Council on the financial condition of the City will remain a priority for staff.

Background:

Over the last several years, the City of Exeter has achieved budget saving through improving operations and making sound budgetary decisions while always on the lookout for the additional revenue streams. In an effort to further improve the City's core General Fund services such as public safety, parks, recreation, and road maintenance, the Measure P one percent Transactions and Use Tax (Ordinance 694) was approved by the voters of the City in November of 2020. With input from the Measure P Citizen's Oversight Committee and subsequent discussion with the Council on April 22, 2022, the Measure P funding is now being utilized to augment the overall operational budget at the Police Department. Some much needed building maintenance and upgrades are also being planned utilizing the Measure P Funding. Street projects are also underway thanks to the funding availability from Measure P. Measure P also pays for two full time Police personnel, one Community Services Officer and one Police Officer, and provides supplemental funding to support an additional Lieutenant and Sergeant, improving overall community services and public safety while increasing funding sustainability. Thanks to these past and ongoing efforts, the City of Exeter is poised to potentially navigate through the current and future economic uncertainties from a record high inflation, tight labor markets, high interest rates, and unfavorable investment performances.

Budget Preparation Council Feedback and Results
The official biennial budget process started with the mid-year projection in March when the mid- year budget updates and modifications were discussed and approved. In April, the Council was updated on the Measure P funding status and the input from the Oversight Committee to ensure sound administration of the Measure P fund. On May 14, the initial budget plans and overall estimates were discussed which followed up with a budget study session on June 14, 2022.

Through these meetings, the following Council input was received and they were incorporated into the final budgets that are being proposed for adoption.

1. Ensure funding for City's contribution to certain organizations and events:
• $4,000-Chamber of Commerce
$2,500-Tulare County Economic Development Corporation
$5,000-Concerts in the Park series
• $3,500-Christmas Lights
These items are being budgeted within 104-404 General Fund - General Government section for the next two years.

2. Maintaining the Reserves
The proposed General Fund budgets are balanced. No reserve drawdown request is being proposed. Staff will continually monitor budgets to ensure the current reserve level is being maintained

3. Need for a comprehensive Playground Study
Within the Park Department Budget, completion of a Park Master Plan is being listed as a key goal for the upcoming year.

4. Look for grant funding opportunities for public works vehicles and equipment This is listed as a program and budget goal for the Public Works Department for the upcoming years.

General Fund Discussion
The City of Exeter is projecting $5.62 M of revenues in FY2023, which represents a 12.3% increase over the prior year. Budgeted expenditures are projected to increase by 16.8% or $808K to $5.62 M in FY2023. The projections are $5.79 M of revenues in FY2024, which represents a 3% increase over the prior year. Budgeted expenditures are projected to increase by 3% or $171K to $5.79M in FY2024.

The major expenditure increases are from salaries and benefits increases (which include the 2% cost of living adjustments and anticipated increases in health benefits and liability and property insurance costs) and contract cost increases. Staff also anticipates additional increases throughout the year if the current inflation trend persists.

As to the Sales Tax revenue, staff has developed projections based on local conditions, data from consultants and information from the CA League of Cities that indicate Exeter's sales tax increase could flatten out at around 3% growth during the next few years. The property tax revenues are being projected to grow at a steady 4% rate as it has been for a few years. Other revenues could see a similar pattern. It is possible there may be a decrease in the future, however, since property tax adjustments tend to lag impacts to the economy and often depend on the length of the impact. Therefore, it is premature to project the exact impact of the current economic events on the local economy. With these uncertainties considered, it is recommended that the budget remain constrained and financially conservative.

Chart 1: Historical Expenditure Changes Pattern and Requested FY2022/23 and FY2023/24 General Fund Expenditure by Category
Budgeted and Historical Expenditures by Expense Type
Q
FY2022
• TELEPHONE: $32,360.00
• MISC CAPITAL: $16,500.00
•CIP: $25,100.00
• UTILITIES: $39,300.00
• OPERATING: S119,825.00
• FLEET EXP: $152,100.00
Millions • FACILITIES: $244,898.00
• CONTRACTED EXP: $904,000.00
• SALARIES & BENEFITS: $3,281,470.00
FY2020 FY2022 FY2023 FY202%
• DEBT SERVICE • TELEPHONE ) MISC CAPITA CIP 9 UTILITIES • OPERATING • FLEET EXP • FACILITIE • CONTRACTED EXP • SALARIES & BENEFITS Grey background indicates budgeted figures.

Chart 2: Historical Revenue Changes Pattern and Requested FY2022/23 and FY2023/24 General Fund Revenue by Category
Budgeted and Historical 2023 Revenues by Source
6 Milliens
FY2024
• ONE TIME ADJ • DONATIONS INV EARNINGS • GRANT MISC • LICENSE & FEES • REC REVENUE SERVICE FEES USER FEES • FINES • TOT • TRANSFER • OTHER TAX UUT • SALES TAX • PROPERTY TAX
Grey background indicates budgeted figures
Enterprise Fund Discussion
The salary and benefits increases are much higher (39%) in Enterprise funds due to adjustments of cost allocation. This coupled with increases in contract and major operating expenses (mainly supplies for the infrastructure maintenance and repairs), the Enterprise Funds are seeing significant increases in the expenditures. The current inflation is going to affect the overall Public Works operations hardest. For example, the general inflation rate for California State was 6.5% for April 2022 while the same for the Engineering News Record for Construction Cost Index (ENRCCI) was much higher at 13.80%. The ENRCCI is a much closer estimate of the Public Works operations costs increase due to its heavy reliance on services and goods.

Additionally, staff is proposing significant increases in the CIP to address long-deferred Water and Sewer systems upgrades and repairs due to lack of funding in the past. The rate increases will offset the majority of the cost increases and CIP project funding is being prioritized over building reserves to make significant improvements in the systems sooner for increased reliability.

Table 1: Proposed Enterprise Fund Expenditures including CIP for FY2022/23 & 2023/24 Name Y2022 = FY2023 = FY2024 = FY2022= FY2023 =
Budgeted Requested Requested Budgeted vs. Requested vs.

FY2023 Requested FY2024
(% Change) Requested (%
Change)
WATER FUND S2.884,431.00 $3.748.900.00 $3,279,650.00 30% -12.5% SANITATION $1,820,600.00
FUND $1,214,593.00 $1,987,600.00 49.9% 9.2%
SEWER FUND $1,437,926.00 $2,500,000.00 $2,106,400.00 73.9% -15.7% Total: $5,536,950.00 $8,069,500.00 $7,373,650.00 45.7% -8.6% Table 2: Proposed Enterprise Fund Expenditures by Category for FY2022/2023 & 2023/2024 Name = =Y2022 = FY2023 = FY2024 = FY2022= FY2023 =
Budgetec Requested Requestec Budgeted vs. Requested vs.

FY2023 FY2024
Requested% Requested %
Change) Change)
Expense Objects
SALARIES & $2.067.200.00 38.6% 8.7%
BENEFITS $1,371,900.00 $1,901,300.00
OPERATING $299,300.00 $508.400.00 $538,250.00 69.9% 5.9% TELEPHONE $16,100.00 $22,700.00 $24,200.00 41% 6.5%
UTILITIES $258.100.00 $413,000.00 $455,000.00 60% 10.2% FACILITIES $27,600.00 $27,600.00 $27,600.00 0% 0%
FLEET EXP $46,400.00 $56,000.00 $62,000.00 20.7% 10.7%

CONTRACTED
EXP $1.201,917.00 $1,702,800.00 SI,863,500.00 41.7% 9.4% MISC CAPITAL $124,576.00 $190.000.00 $200,000.00 52.5% 5.3% DEBT SERVICE $580,314.00 $500,500.00 $496,900.00 -13.8% -0:7% CIP S1,610,743.00 $2,747,200.00 $1,639,000.00 70.6% 40.3% Total Expense
Objects: $5,536,950.00 $8,069,500.00 $7,373,650.00 45.7% -8.6% Table 3: Proposed Enterprise Fund Revenues for FY2022/23 & 2023/24 Name = FY2022 Budgeted E FY2023 Requested E FY2024 Requested E FY2022 Budgeted vs. = FY2023 Budgeted vs. = FY2023 Requested (% FY2024 Requested (%
Change) Change)
WATER FUND $2.384,632.00 $2,961,381.00 53.350,936.00 242% 13.2% SANITATION FUND S1.225,000.00 $2,018,000.00 $2,218,000.00 647% 99% SEWER FUND ST.690.727.00 S),961000.00 $2175.500.00 10.7% 16.9% Total: $5,290,359.00 $6,840,381.00 $7,744,436.00 29.3% 13.2% The difference between revenues and expenditures in each fund represents the use of Impact Fees (for Water Fund in the amount of $550,000 for an impact specific CIP) and re-prioritization of the Capital Improvement Plan which means not all proposed Capital Improvement Plan projects will be funded during the next two years depending on the funding availability and the priorities. These expenses are budgeted each year and reviewed annually to make any changes and adjustments necessary based on new developments throughout the current year.

All purchases over $10,000 must be approved by City Council. In the planning process, it is necessary to forecast the funds available and the funds needed each year in the plan.

Capital Improvement Plan Budget
The CIP recommended to City Council lays out a proposed City plan to implement capital projects for all funds of the City. The plan forecasts revenues, costs and projects through the two-year budget and four additional planning years. The CIP will be updated at least annually to reflect current revenues, costs and needs. Currently, $15,000 per year for ADA upgrades and a Per Capita Park grant improvement (to be mostly funded through the grant funding and donations) are the only General Fund CIP requests. The City's Water, Sewer and Transportation Funds' CIPs will present the City's plan for capital projects in those areas for the next five years. Continual prioritization and monitoring of the budgets is required to be able to effectively carry forward with the current proposed CIP.

With the above discussed improvements in mind, the General Fund and Enterprise Funds will be presented with a forecasting Capital Improvement Program (CIP). Projects being proposed are based on projected available funding in the next two years due to the rate increases and the debt refunding. Planning for an additional four years beyond this two-year budget is also included based on projected additional funding until 2026/2027. In addition, proposed Operating Budgets will be presented for all City funds.

Fiscal Impact: A balanced budget adoption is a critical step in providing direction towards fiscal sustainability.

Prior Council/Board Actions: March 22, 2022 - City Council was presented with a 2021/2022 mid-year budget update and Council approved Resolution 2022-06 to achieve balanced budget for FY2021/2022.

May 24, 2022 - City Council was presented with draft FY2022/2023 and FY2023/2024 budgets and provided feedback and direction for the budget preparation and principles.

June 14, 2022 - Staff conducted a budget study session for the FY2022/2023 and FY2023/2024 proposed operating and capital improvement plan budgets. City Council provided further feedback and direction for the FY2022/2023 and FY2023/2024 budgets.

Attachments:2022/2023 and 2023/2024 Draft Budget book, including City Administrator Transmittal Letter and Budget Analysis
Resolution 2022-23- Adopting appropriation levels for FY2022/2023 and FY2023/2024 Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-23 adopting the 2022/2023 and 2023/2024 budget, including any City Council directed changes discussed
RESOLUTION 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER ADOPTING APPROPRIATION LEVELS FOR ALL FUNDS FOR FISCAL YEARS 2022/2023 AND 2023/2024 AND RE-APPROPRIATING CERTAIN CAPITAL PROJECTS AND

OPERATING FUNDS WHICH DO NOT MEET THE CRITERIA TO BE

ENCUMBERED OR DESIGNATED FROM PRIOR YEARS
WHEREAS, the City of Exeter City Council held a public hearing on June 28, 2022 on the proposed budget for the City of Exeter for the 2022-23 and 2023- 24 fiscal years; and,
WHEREAS, the re-appropriation of certain capital projects and operating funds that are encumbered or designated from prior years is necessary; and, WHEREAS, authorization from the City Council is necessary for:

The City Administrator to transfer appropriations within fund budgets including salary and capital accounts and staff levels, provided, however, that the total appropriations are not increased thereby.

2. The Finance Director to transfer appropriations among the items within departmental budgets, except for salary and capital accounts.

3. Staff to transfer or lend monies from one fund to another as specified in the budget document.

WHEREAS, the approval of the Capital Improvement Program for 2022-23 and 2023-24 and in concept the planning out to 2026-27, as part of the multi-year budget is necessary.

IT IS NOW THEREFORE RESOLVED by the City Council of the City of Exeter that the budget for the 2022-23 fiscal year totaling $24,849,661 and 2023-24 fiscal year totaling $19,497,760 be approved.

BE IT FURTHER RESOLVED THAT:

1. The City Administrator is authorized to transfer appropriations within fund budgets including salary and capital accounts and staff levels, provided, however, that the total appropriations are not increased thereby.

2. The Finance Director is authorized to transfer appropriations among the items within departmental budgets, except for salary and capital accounts.

3. Staff is authorized to transfer or lend monies from one fund to another as specified in the budget document.

BE IT FURTHER RESOLVED by the City Council of the City of Exeter that for all funds, for capital projects and/or operating funds that are encumbered or designated from prior years be re-appropriated.

BE IT FURTHER RESOLVED by the City Council of the City of Exeter that any currently active capital projects and operating funds that do not meet the criteria to be encumbered or designated, be re-appropriated.

PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JUNE 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: 13 X City Council
Wording for Agenda: Public Hearing to review rates and fees and adopt Resolution 2022-24 approving the City of Exeter Rate and Fee Regular Session:

Schedule. . Consent Calendar
Regular Item
X Public Hearing
Submitting Department: Finance
Contact Name: Rainbow Moore, Finance Director Review:

Phone Number: 559-592-2755
Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation:

Staff recommends that City Council conduct a public hearing to review rates and fees and adopt Resolution 2022-24 approving the City's Rate and Fee Schedule for fiscal year 2022/2023.

Summary/Background:

As a governmental entity, the City of Exeter is charged with providing numerous essential and limited discretionary services. In addition to the taxes, enterprise fees and financial assistance from other governmental entities, the fees are an important part of the City's revenue stream to be able to continue with providing the services.

The fees fall under two categories: Regulatory Fee and User Fee. The Regulatory Fee is a charge imposed to recover the reasonable costs to a local government for issuing licenses and permits, performing investigations, inspections, audits, administration, and enforcement of the regulations. The User fee is a charge for specific benefit or privilege, service or product granted directly to the payor. It is not to exceed the reasonable costs to the local government of the benefit, privilege, service, or product.

With this framework, the City of Exeter conducts annual review of the fees and proposes adjustments utilizing two main methods:
1) Calculation of the actual cost and rate studies to evaluate the actual base cost of providing the specific services and products and the reimbursement rates needed to cover that cost 2) Adjustments to the existing fees utilizing the Consumer Price Index (CPI) annually to ensure the approved costs are adjusted to keep up with inflation. The City applies the average of the San Francisco and Los Angeles CPls at a point of time to propose rate adjustments.

Review and adjustments to the fees will ensure fair and equitable cost recovery for specific services, allowing the General Fund and Enterprise Funds to support critical overall operations.

If approved, the effective date is July 1, 2022 for all rates (unless previously approved) and fees, except for Impact Fees which require a 60-day notice, thus making the effective date for these fees August 28, 2022.

All fees, development impact fees and business tax have been reviewed and staff is recommending some fees be formally established along with adjustments to various existing fees. In some cases, the City ordinance limits increases on fees to annual inflationary indices and additions or adjustments based on the costs of services provided.

For this fiscal year's 2022/23 Impact Fees the majority of the increases are based on a CPI index while some are being adjusted based on building industry CPI index known as the Engineering News Record Construction Cost Index (ENRCCI). The ENRCCI measures the annual changes in general construction costs so that the fees will continue to generate sufficient funds to construct the facilities needed to serve the new development. The ENRCCI for May 2021 - April 2022 (Average of Los Angeles and San Francisco Indexes) is 13.80% while the general CPI for the same area and time frame is 6.5%. Business Tax rate changes requires a vote by the taxpayers to adjust the rates established, as such these rates are unchanged. Staff will continue to monitor and review all rates and fees in the future to verify that, at a minimum, City costs are recovered
Here are the highlights of the fee adjustments being proposed.

Rates being proposed to increase by utilizing the General CPI (6.5%) • All Police Department Fees
All Recreation and Community Fees (including facility rental fees) V All Code Enforcement Fees
Rates being proposed to increase by utilizing ENRCCI (13.8%) All Planning Services Fees: Other than minor adjustments, the Planning Services Fees overall have not been adjusted for ten plus years while the city planner's hourly billable rate has risen by 47% since the year 2012 ($75/HR in FY11/12 to $110 in FY22/23).

While a more comprehensive fee study is on the way, staff is proposing a minimum

13.80% (an ENRCCI rate) increase to the current Planning Services Fees to be able to adequately provide the essential services.
• All Development Impact Fees
As with the past few years, all Development Impact Fees are to be increased by 13.8%. • Majority of the Public Works Fees
Furthermore, substantial increases and new charges to the Refuse Rates are stemming from the implementation of the Organics Recycle mandate of SB1383. The new and adjusted rates were approved through the Prop 218 process on December 14, 2021.

The following is a listing of proposed fee updates and first-time listed fees for the upcoming fiscal year, effective July 1, 2022. All other fees and rates were previously established by City Council and may reflect minor adjustments for cost recovery or CPI increases.

Table 1: FY2022/2023 FEES ADJUSTMENTS SUMMARY
Fee Adjustments:

FEE CATEOGRY ADJUSTMENT SUMMARY REASONS FOR THE ADJUSTMENTS Police Department
Fees Increase by 6.5% CPI
Admin and Finance Majority are set by the ordinance except Fees No change minor charges (copies and NSF)
Recreation and
Community Increase by 6.5% CPI
Adult programs increase by
Exception 14% Cost calculation
Alcohol permit from $20 to
$50 Cost calculation
Lions Stadium from $75 to
$500 Cost calculation (see below)
$272-Restroom cleaning
$300 estimated--Mid Valley extra bins $210-$500
(depending on # of bins)
$180 for 3 hours-Estimated electricity for lights
($12/HR per light x 5 non-LED lights = $60/HR)
**Doesn't include costs for mowing and irrigation
Public Works Fees Increase by 13.80% ENRCCI
At cost plus 10% de minimums indirect
Exception MTU Fees-varied increases cost
Code Enforcement
Fees Increase by 6.5% CPI
Planning Services Fees Increase by 13.80% ENRCCI
Development Impact
Fees Increase by 13.80% ENRCCI
As approved through Prop 218 Fee
Sanitation Fees-Rates Increase % varies adoption 12/14/2021 New Fees:

FEE CATEOGRY NEW FEES SUMMARY REASONS FOR THE NEW FEES
ADU (Accessory Dwelling $85 per check - to reimburse planner's Planning Services Fees Units) check cost
As approved through Prop 218 Fee
Sanitation Fees-Rates Approx. 33 new fees adoption 12/14/2021 Fiscal Impact: Proposed establishment and adjustment of various City rates and fees will ensure that fees will cover costs for specific services, allowing the General Fund and Enterprise Funds to support critical overall operations.
rior Council/Board Actions: Resolution 2021-13: June 12, 2021 City Council approved the 2021/22 Rate and Fee Schedule which was later updated via Resolution 2021-26 on Novembe gth, 2021.

Attachments: DRAFT 2022/2023 City of Exeter Rate and Fee Schedule Resolution 2022-24
Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2022-24 as presented.

CITY OF EXETER RATE AND FEE SCHEDULE
FOR FISCAL YEAR 2022-2023
City of
EXETER

PROTECTING, PRESERVING,

AND PROMOTING

SMALL TOWN AMERICA

TABLE OF CONTENTS
Police. 2
Administration and Finance
Recreation and Community Services.. 4
Public Works 5
Code Enforcement 6
Planning and Development
Utilities. 8-10
Adopted June 28, 2022
Effective July 1, 2022, Impact Fees August 29, 2022

CITY OF EXETER

FEE SCHEDULE
POLICE
PAGE 2
Fee Description |2021/2022 |2022/2023
Clearance Letter $ 30 $
Accident Report $ 50 $
Crime Report $ $
Live Scan Fingerprints (plus DOJ fees) $ $
Photographs $ $
Vehicle Release $
DUl Vehicle Release $ $
Impound 30 Day - 14602.6 CVC $ $
Reposession $ $
Non EPD Ticket Sign Off 10 $
Street Closure Request $ 50 $
Amplifier Permit No Cost No Cost

CITY OF EXETER

FEE SCHEDULE

ADMINISTRATION AND FINANCE
PAGE 3
Fee Description 2021/2022 12022/2023
Business License Fees
Business License ‹ $30,000 gross income $ 60| $ 60
Business License > $30,000 gross income $ 80 $ 80
Home Occupancy $ 30 $ 30
Application (one time per license) $ 10 $ 10
Delinquent 10% 10%
State CasP Fee (established by State) $ 4 $ 4
Other Fees
Non Sufficient Fund Check Fee $ 25 $ 27
8 1/2 × 11 Copies per page $ 0.10 $ 0.10
Fireworks (plus $100 deposit) $ 150|$ 160

CITY OF EXETER

FEE SCHEDULE

RECREATION AND COMMUNITY
PAGE 4
Fee Description 12021/2022 2022/2023
Youth Programs Unit
Basketball participant 55 59
Soccer 60 64
Baseball/Softball participant 55 59
Babe Ruth participant 80 85
Flag Football participant
Volleyball participant 50 - 53
Adult Programs
Men's Softball per team $ 350 $ 400
Special Events
Horseshoes participant $ 25 S 27
10k/2m Event participant $ 25 S 27
Animal Services
Dog License (altered) each $
Dog License (unaltered) each $ 27
Other Services charged by City of Visalia Animal Control/Shelter Other Services
Yard Sale Permit each $ 10 $ 11
Weed Abatement incident cost recovery cost recovery
Graffiti Abatement location cost recovery cost recovery Facility Fees
Lions Club Arbor day 30 32
Wading Pool Arbor day unuses 30 32
Brickhouse Arbor day 30
Dobson Field day $20 & $50
Lions Stadium day 500
City Park Arbor day 80
Special Events day 150 160
Electrical Access day 11
Field/Stadium Lights Fee hour 16
Alcohol Permit (w/ facility rental) per event 50
- lesser of 20 individuals or 1/2 o per person 2
Amplifier Permit per event -

CITY OF EXETER

FEE SCHEDULE

PUBLIC WORKS
PAGE 5
Fee Description 2021/2022 | 2022/2023
Water Connection $ 343 $ 390
Water Capital - single family $ 5,634 $ 6,411
Water Capital - multi-family $ 2,873 $ 3,270
Water Capital - mobile home $ 2,873$ 3,270
Water Capital - comm/ind. *City Engineer calculates based on E.D.U.

Sewer Connection/Capital - single family $ 793 $ 903
Sewer Connection/Capital - multi-family $ 460 $ 524
Sewer Connection/Capital - mobile home $ 460$ 524
Sewer Connection/Capital - comm/ind. *City Engineer calculates based on E.D.U.

Storm Drain Fee - acre $ 920 $ 1,047
State Permit Fee $ 90 $ 90
Encroachment Permit $ 125 $ 142
Annual Encroachment Permit $ 250 285
Inspection Fee 100 $ 114
Broken Curb Stop Replacement Charge 150 $ 171
Broken Lock Replacement Charge 20 $
Pull-meter Charge 50 $ 57
MTU Fee $ 102 $ 116
Meters
5/8" $ 144 $
3/4" $ 208 $
1" $ 330
11/2" 545 $
2" $ 699 $
Construction Meter Deposit $ 700 $
Pool Drain Permit $ $
Fence Permit $
E.D.U: Equivalent Dwelling Unit
Engineering News Record Construction Cost Index- 2022 of 13.8% (April 2022) Water meters are being charged at cost plus 10% indirect cost.

CITY OF EXETER

FEE SCHEDULE

CODE ENFORCEMENT
PAGE 6
Fee Description 2021/2022 2022/2023
Staff Costs per budget per budget
Equipment (based on day rental)
Backhoe/loader $ 400 $ 426
Tractor $ 350 $ 373
Chainsaw $ 150 $ 160
Line Trimmer $ 75 $ 80
Blower $ 50 $ 53
Boom Truck $ 425 $ 452
Roll Off and Dump Fees per 4 tons $ 365 $ 389
per ton additional $ 40 43
Parcel Search $ 3 $ 3
Postage actual costs actual costs
Mattress Pickup 10 S 11
Inspection Fee $ 100 106
Abatement Fee (plus site cleanup costs) $ 100 $ 106
Water/Administrative Citations
1st Citation $ 100 $ 100
2nd Citation $ 200 200
3rd Citation $ 500 $ 500

CITY OF EXETER

FEE SCHEDULE

PLANNING AND DEVELOPMENT
PAGE 7
Fee Description 2021/2022 2022/2023
Tentative Subdivision Map 1,400 1,593
Final Subdivision Map $ 3,800 $ 4,324
Site Plan Review (SPR) 850 $ 967
Site Plan Review with zone change $ 975 $ 1,110
General Plan Amendment $ 875 $ 996
General Plan Amendment - Complex $ 1,875 $ 2,134
Zoning Ordinance Amendment 975 $ 1,110
Appeal (SPR or Planning Commission Action) $ 250 $ 285
$ 650 $ 740
Conditional Use Permit 975 $ 1,110
Lot Line Adjustment $ 550 626
Minor Deviation $ 85 $ 97
Tentative Parcel Map $ 700$ 797
Final Parcel Final $ 1,850 $ 2,105
Annexation Application to City $ 1,350 $ 1,536
LAFCO Fee Actual Actual
Development Agreement $ 1,600 $ 1,821
Engineering Plan Check and Inspection 4% of Site Value 4% of Site Value ADU (Accessory Dewelling Units) Plan Check New $ 85
Engineering Special Services $180 hr. $180 hr.

Planning Special Services $85 hr. $85hr.

Impact Fees*
Landscape Median - single family $ 430 489
Landscape Median - multi-family $ 307 $ 349
Landscape Median - mobile home $ 214 $ 244
Signal - single family $ 343 $ 390
Signal - multi-family $ 245 $ 279
Signal - mobile $ 170 $ 193
Railroad Crossing - single family $ 179 $ 204
Railroad Crossing - multi-family $ 127$ 145
Railroad Crossing - mobile home $ 88 100
Bike Path - single family $ 36 $ 41
Bike Path - multi-family enes 25 28
Bike Path - mobile home 17 $ 19
Public Facilities - single family $ 1,195 $ 1,360
Public Facilities - multi-family $ 399 $ 454
Public Facilities - mobile home $ 1,147 $ 1,305
Parks - single family 650 $ 740
Parks - multi-family $ 551 $ 627
Parks - mobile home $ 622 IS 708
Parking In-Lieu Fee, per stall $ 1,500 $ 1,707
Commercial & Industrial Impact Engineer calculates based on Equivalent Dwelling Unit - Engineering News Record Construction Cost Index- 2022 of 13.8% (April 2022) • Some residential subdivisions have individual devleopment agreements and may have different fees than shown above.

CITY OF EXETER

FEE SCHEDULE
UTILITIES 1/3
PAGE 8
Fee Description 2021-2022| 2022-2023
Utility Late Fee $ 10 10
Utility Shutoff/Reconnect Fee $ 35 35
Utility Shutoff/Reconnect Fee (after hours) $ 90 90
Sewer Rates
Base Rate (Residential) $ 42.28

33.08 5
Cost per 1 ccf (Commercial/Industrial) $ 4.23
Water Rates
Base Rate (includes 15 ccf) 36.42 $ 41.70
Cost per 1 ccf above 15 ccf $ 2.28 $ 2.61
Multi-Family Base Rate per 1,250 cubic feet $ 36.42 $ 41.70 Refuse Rates
Residential
Residential - 3 Cart Service 21.26 26.65
Extra Grey $ 7.88 $ 13.75
Extra Blue 7.88 $ 8.00
Extra Green $ 7.88 $ 12.00
Commercial Rates
96 Gal Cart Services 1 time per week New $ 26.00
96 Gal Cart Services 2 times per week New $ 49.00
2 yd x 1 $ 79.60 1$ 98.70
2 yd x 2 $ 158.00
101.50 10030 8 123.00
3 yd x 1 $
3 yd x 2 $ 165.60 $ 202.00
4 yd x 1 $ 135.00 $ 158.00
4 yd x 2 $ 249.00 256.50
6 yd × 1 $ 169.50 $ 197.50
6yd x2 $ 329.00 $ 395.00

CITY OF EXETER

FEE SCHEDULE
UTILITIES 2/3
PAGE 9
Fee Description 2021-2022| 2022-2023
Commercial Recycling
96 Gal Cart, serviced 1 time per week New 12.00
96 Gal Cart, serviced 2 times per week New $ 23.00
2 Yard Bin container, serviced 1 time per week 36.80 $ 44.50 2 Yard Bin container, serviced 2 times per week 63.00 $ 74.00 3 Yard Bin container, serviced 1 time per week 49.40 $ 64.00 3 Yard Bin container, serviced 2 times per week $ 86.10 $ 108.50 6 Yard Bin container, serviced 1 time per week 81.90 $ 103.50 6 Yard Bin container, serviced 2 times per week $ 161.70 $ 189.00 Commercial Organics
96 Gal Cart, serviced 1 time per week New $ 21.00
96 Gal Cart, serviced 2 times per week New $ 35.00
2 Yard Bin container, serviced 1 time per week 66.20 $ 74.00 2 Yard Bin container, serviced 2 times per week $ 110.30 $ 121.40 Other Fees:

Call Back or extra pickup - green, grey or blue New $ 15.00 Replacement for lost or destroyed cart New $ 65.00
Lids and Wheels replaced at no charge New
New 50.00
Special Haul - Bulky item Collections $
# of Bulky Items Allowed for each collection New 2 yds bagged or 2 bulky items Cart Contamination Charge (1st warning) New
Cart Contamination Charge (2nd warning) New $ 15.00
Cart Contamination Charge (3rd warning) New $ 30.00
Roll Off: (Does not include Franchise Fees)
Residential Clean-up Roll-off Box New $ 200.00
Roll Off Disposal Charge New $50 per ton
Roll Off Rental Charge New $10 day after 10 days
Roll Off Container (20-40 cubic yds) PER PICK UP New $ 390.00 Maximum weight in tons New 4 tons
Per ton charge for overage New $ 50.00
Blue Recycle Roll off container (20-40 cubic yards) per pick up New $200 + Tonnage Green Waste Roll off container (20-40 cubic yards) per pick up New $200 + Tonnage

CITY OF EXETER

FEE SCHEDULE
UTILITIES 3/3
PAGE 10
Fee Description 2021-2022| 2022-2023
Special Services:

Self Locking Mechanism (bins) New $25 per month
Replacement Bin Lock New $ 15.00
Replacement cost for damaged/burned Bin New $ 175.00
Cleaning for Bin New $ 50.00
Cleaning for Enclosure New $ 50.00
Special Events or Short Term Service:

Short Term Bin (delivery/one dump/removal charge New $ 10.00 Short Term Bin Extra Dump New $ 40.00
Special Events - 3 yd Bins (1-3 Bins) New $70. Each
Special Events - 3 yd Bins (4-10 Bins) New $50. Each
Special Events - 96 Gal Containers New $ 20.00
Special Events - 96 Gal Containers - more than 6 New $15. Each Mobile Home Park $ 2,776.88 $ 2,776.88
2 units $ 41.09 $ 41.09
3 units $ 61.64 $ 61.64
4 units $ 82.19 $ 82.19
Senior $ 19.98 $ 19.98
Senior w/o Green Waste $ 19.24 $ 19.24
Senior + 1 $ 28.14 $ 28.14
Refuse Shared $ 50.43 $ 50.43
Lid - Lock $ 5.96 $ 5.96
Deposit (1.5 month base rate rounded down) $ 120.00 $ 120.00 RESOLUTION 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER
APPROVING AND CONFIRMING IMPLEMENTATION OF THE FISCAL YEAR 2022-2023

RATE AND FEE SCHEDULE
WHEREAS, the City's FY2022/23 Rate and Fee Schedule summarizes rates and fees for the City of Exeter; and
WHEREAS, City Council has approved and conducted a public hearing June 28, 2022, with updates and changes to the Rate and Fee Schedule for FY2022/23 to include cost recovery for City services: and
for those fees August 28, 2022; and
WHEREAS, City Council has reviewed and approved these rates and fees as reimbursement of City costs for providing services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Exeter approves and confirms implementation of the FY2022/23 Rate and Fee Schedule.

PASSED, ADOPTED AND APPROVED this 28TH day of June 2022 by the following vote:

AYES:

NOS:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: 14 X _ City Council
Regular Session:

Wording for Agenda: Adopt Resolution 2022-25 adopting Fiscal Consent Calendar Year 2022/2023 Salary Schedule for all Regular and Part-time X Regular Item employees, City Council Members, and Seasonal/Temporary Public Hearing Employees, which includes a 2% pay increase effective July 4, 2022 - for Exeter Police Officer Association (EPOA) employees, California Review:

League of City Employees Associations (CLOCEA) employees, unrepresented Middle Managers, Department Heads, and City City Administrator Administrator and adding the classifications of Maintenance (Initials Required) Technician; Skilled Maintenance Worker; and Police Officer Trainee and deleting the classifications of Maintenance II; Maintenance III and Office/Police Records Assistant.

Submitting Department: Administration/Finance
Contact Name: Shonna Oneal, Human Resources Manager
Rainbow Moore, Finance Director
Phone Number: 559-592-9244; 559-592-2755
Email: [email protected]
[email protected]
Department Recommendation:

Staff recommends that Council adopt Resolution 2022-25 to adopt the City's 2022/2023 Salary Schedule for all Regular and Part-time employees, City Council Members, and Seasonal/Temporary employees, which includes a 2% pay increase effective July 4, 2022 for exeter Police Unticer Association (EPOA) employees
City Administrator and adding the classifications of Maintenance Technician; Skilled Maintenance Worker; and Police Officer Trainee, and deleting the classifications of Maintenance II, Maintenance III, and Office/Police Records Assistant. To adopt the City's FY2022/2023 Personnel Allocation.

Summary:

To comply with CaPERS regulations, a separate salary schedule is required to be adopted for all employees. This salary schedule is proposed to be effective July 4, 2022, due to contractual salary adjustment of 2% for EPOA, CLOCEA, unrepresented Middle Managers, Department Heads, and the City Administrator. This resolution will also add the classifications of Maintenance Technician; Skilled Maintenance Worker; and Police Officer Trainee and delete the Maintenance Il; Maintenance Ill and Office/Police Records Assistant classifications.

Additionally, this resolution will update the salary schedule to reflect a previously approved agreement for the classifications of Lieutenant to receive 5% between steps B-E. Lastly, the adoption of the FY2022/2023 Personnel Allocation is also included in the resolution.

Background:

On Tuesday, June 28, 2022, the City Council will consider adopting the City's 2022/2023 and 2023/2024 Fiscal year budgets and position allocations and will have appropriated all funds necessary to pay salaries as part of the budget adoption.

On June 22, 2021, Council approved a proposed 2% pay increase for all represented and unrepresented employees effective July 4, 2022. The proposed salary schedule includes the previously agreed salary increases and also recommends changing the minimum wage pay from $15.00 to $15.50 per hour effective January 1, 2023, pursuant to State law. The proposed increases were included in the cost of the recommended 2022/2023 budget. This updated salary resolution would document those changes as required by CaPERS regulations.

Adding/Deleting of Classifications
Public Works:

Over the last several years as the City's fiscal position has improved, minor staffing adjustments have been made to meet the operational needs of Administration, Finance, and the Police Department. Last year during negotiations with CLOCEA, the City and public works employees identified a need to reorganize the Public Works Department. Due to ongoing financial issues related to the Enterprise Funds, the City had stopped hiring higher level positions in the Public Works Department. All Enterprise Funds were in the red and only bare minimum needs were met. Following the City's refinancing of City bonds and the utility rate increases that started several years ago, the funds have finally improved to allow the City to commence improving the department's maintenance and capital needs. As a result, the City is proposing to reorganize this department as follows to support reaching these goals:

ORGANIZATIONAL CHART
EXETER
City of Exeter Public Works Department
Public Works Director
Operations Manager Administrative Assistant
(Crew Supervisor)
Crew Leader
(Task Leader)
Maintenance Technician
Maintenance 1 Skilled Maintenance
The City is recommending the adding/deleting of classifications. In anticipation of this upcoming reorganization, the Council previously approved adding the classification of Crew Leader and setting the rate of pay. The new proposed positions to be added are Maintenance Technician and Skilled Maintenance Worker and the positions to be deleted are Maintenance Il and Maintenance III. These positions each have specific requirements to qualify for the position and will provide the City with a more diversified public works crew to assist with the growing needs of this department. Several employees have worked toward obtaining different certificates in Water, Sewer, and skilled areas to advance the department.

The proposed reorganization for Public Works will not change the personnel allocation. All six (6) public works crew members are currently in the Maintenance I classification. An internal promotional opportunity will be provided for those qualified to apply with the following personnel allocation being recommended to change from Six Maintenance I positions, to the following:

One - Crew Leader.

Two - Maintenance Technicians; and
Three - Maintenance . or Maintenance I-Skilled.

The rate of pay is recommended to be set as follows:

TITLE STEP A STEP B STEP C STEP D STEP E
Skilled Maintenance
Worker 3,404 3,582 3,772 3,970 4,178
Maintenance Technician 3,760 3,948 | 4,145 4,352 4,570
The City is also recommending the classifications of Maintenance Il and Maintenance Ill be deleted because they are no longer needed.

Police Department:

Currently there is not a process in place which would allow the Police Department to hire an employee and send them through the Police Academy to fill a vacant Police Officer position.

Traditionally, filling vacant Police Officer positions has relied upon recruiting individuals who had already attended the Police Academy or who had prior experience as a Police Officer. While this has worked satisfactorily in years past, this reliance is proving to be more and more difficult in meeting the needs of the Police Department.

The current law enforcement job market is seeing more and more agencies recruiting and hiring individuals with no law enforcement experience and then sending these individuals to the Police Academy with the agency covering all associated costs. These newly hired employees are classified as a Police Officer Trainee and their continued employment is contingent upon successfully completing the Police Academy. It is worth noting that in the current Tulare-Kings Counties Police Academy, over half of the individuals enrolled are affiliated with an agency and already hire as full-time employees. This has eliminated over 50% of the Academy class as potential candidates for employment.

Staff has researched the process used by other local law enforcement agencies in creating the Police Officer Trainee position and subsequent pay scale. The recommended pay scale for the Police Officer Trainee position would be on par with the Police Officer pay scale, however, would be reduced by 5% for each pay step. This position would only be filled when a vacant Police Officer position exists, thus there would be no fiscal impact to the Department's, or City's budget.

Filling this position would be in accordance with the City Rules and Regulations for either open or internal recruitment.

Lastly, this resolution will update the salary schedule to reflect a previously approved agreement for the classifications of Lieutenant to receive 5% between steps B-E.

Financial Impact: The proposed 2% salary increases will be approximately $50,000 to General Fund and $30,000 to the Enterprise ($28,000) and Insurance Funds ($2,000). The increase to the State required minimum wage will be approximately $2,000 to General Fund. The proposed changes to the Public Works Department will be an increase of $12,000 to Water Fund, $8,000 to Sewer Fund, and $2,000 to Sanitation Fund.

The 2% and the minimum wage increases were already factored into the FY2022-2023 Proposed Budgets. As to the Public Works restructure, the additional costs will be recovered through the rates. Therefore, these changes will not have any negative impact on the overall budgets. The recommended amounts for salary increases will maintain Council's financial goal of maintaining a balanced budget.

The additional pay increases for 2023/2024 will be approved next year with an additional salary schedule being proposed for adoption documenting those changes at that time.

Prior Council/Board Actions: Resolutions 2021-33, 2021-16, 2021-10, 2020-34, 2020-43, 2019- 18, 2018-34, 2018-24
Attachments: Resolution 2022-25, Adopting the City's 2022/2023 Salary Schedule for All Regular and Part-Time Employees, City Council Members, and Seasonal /Temporary Employees and Adding the Classification of Maintenance Technician; Skilled Maintenance Worker; and Police Officer Trainee and Deleting the Classification of Maintenance II; Maintenance III and Office/Police Records Assistant, with Attachment 'A' - FY2022/2023 Salary Schedule and Attachment 'B'-FY2022/2023 Personnel Allocation
Recommended motion to be made by Council/Board: Move to adopt Resolution 2022-25 as presented.

RESOLUTION 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER ADOPTING THE CITY'S 2022/2023 SALARY SCHEDULE FOR ALL REGULAR AND PART-TIME

EMPLOYEES, CITY COUNCIL MEMBERS, AND SEASONAL/TEMPORARY EMPLOYEES AND ADDING THE CLASSIFICATION OF MAINTENANCE TECHNICIAN; SKILLED MAINTENANCE WORKER; AND POLICE OFFICER TRAINEE AND DELETING THE CLASSIFICATION OF MAINTENANCE II; MAINTENANCE III; AND OFFICE/POLICE

RECORDS ASSISTANT
WHEREAS, the City Council of the City of Exeter on Tuesday, June 28, 2022, adopted the City's 2022/2023 and 2023/2024 Fiscal Year budgets and positions allocations and has appropriated all funds necessary to pay salaries as part of adopting the 2022/2023 and 2023/2024 budget; and,
WHEREAS, the City Council previously approved changes to the compensation in the amount of 2% for all represented and unrepresented employees effective the full first pay period of July 2022. Positions earning minimum wage were adjusted in compliance with the California minimum wage as required by state law; and,
WHEREAS, as part of a Public Works Reorganization, staff recommends the City Council add the classification of Maintenance Technician and Skilled Maintenance Worker and delete the classification of Maintenance Il and Maintenance I!!; and, WHEREAS, as part of the budget the City Council approved a position allocation to fund one previous Maintenance I position at a Crew Leader level; two previous Maintenance I positions at a Maintenance Technician level and allow three Maintenance I positions to either be recovered through the rates. The employee count would not be altered by the change of these classifications; and,
WHEREAS, the City Council previously approved an agreement with the Lieutenant level positions to receive 5% between steps B-E and the attached salary schedule reflects that change; and,
WHEREAS, the current job market is seeing more and more agencies recruiting and hiring individuals with no law enforcement experience and then sending these individuals to the Policy Academy with the agency covering all associated costs and their continued employment being contingent upon successfully completing the Police Academy. Staff recommends the City Council add the classification of Police Officer Trainee to provide the Police Department with the ability to recruit candidates for current vacancies. The employee count would not be altered by the addition of this classification; and,
WHEREAS, due to no longer having a need for an Office/Police Records Assistant, staff recommends the City Council delete the classification of Office/Police Records Assistant; and, WHEREAS, the City Council of the City of Exeter now desires to adopt a publicly available pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5 and update the salary; and,
NOW, THEREFORE BE IT RESOLVED the City Council of the City of Exeter, does hereby resolve as follows:

Resolution 2022-25
2022.2023 Salary Schedule

Page 2 of 2 ends

SECTION 1. That the City's 2022/23 Fiscal Year Position Allocation contained in Attachment "B", attached hereto and made a part hereof, is hereby approved and adopted stating the number of positions allocated;
SECTION 2. That the Citywide Salary and Pay Schedule for fiscal year 2022/2023 contained in Attachment "A", attached hereto and made a part hereof, is hereby approved and adopted fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members, and seasonal/temporary employees of the City of Exeter and includes the previously approved 2% salary increase for all represented and unrepresented employees, and an adjustment to minimum wage earners in compliance with the California minimum wage as required by State Law, adjusting the Lieutenant's Steps B-E to be 5% between each step, and adding the classifications of Maintenance Technician; Skilled Maintenance Worker; and Police Officer Trainee and deleting the classifications of Maintenance Il; Maintenance Ill; and Office/Police Records Assistant is hereby adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5; and, SECTION 3. That the City Administrator is required to bring any additions to the position allocation or any changes in any position's salary ranges to be made during the fiscal year to the City Council for further approval; and,
SECTION 4. That the City Administrator is authorized to make changes to job descriptions, including without limitation title changes that do not affect the positional role in the position allocation or the positional salary range; to make changes to job responsibilities that do not affect the position allocation or require approval as part of the collective bargaining process, and to re-allocate funding sources among divisions for any positions; and, SECTION 5. That the City Administrator, or his or her designee, is authorized to recruit and fill in anticipation of known upcoming vacancies to minimize periods where there are key unfilled positions even though employee counts temporarily exceed the authorized position count for a particular position; provided, however, that there will be no adjustment to the total divisional appropriations and all such costs must be covered by savings in other line items so that the total division budget remains unchanged.

Passed, approved, and adopted this 28th day of JUNE 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
Attachment A
CITY OF EXETER FY2022-20203 SALARY SCHEDULE
Effective date: 07/04/2022

MISCELLANEIOUS CLASSIFICATIONS BU STEP A STEP B STEP C STEP D STEP E PATTERN City Administrator Unrep 11,752 12,371 12,886 13,422 13,982 15,4,4,4 Finance Director Unrep 7,774 8,183 8,614 9,068 9,545 5* Public Works Director Unrep 7,223 7,603 8,004 8,425 8,868 Community Services Director Unrep 7,080 7,453 7,845 8,258 8,692 City Clerk/Human Resources Manager Unrep 6,512 6,854 7,214 7,595 7,994 Operations Manager Unrep 5,711 6,012 6,328 6,661 7,011
Deputy City Clerk/Personnel Officer Unrep 5,372 5,657 5,954 6,267 6,596 Financial Analyst Unrep 5,372 5,657 5,954 6,267 6,596
Chief Operator CLOCEA 4,829 5,083 5,351 5,632 5,928
Operator II, Water/Wastewater CLOCEA 4,379 4,610 4,853 5,108 5,377 Operator I, Water/Wastewater CLOCEA 4,155 4,374 4,604 4,846 5,102 Crew Leader CLOCEA 3,958 4,166 4,385 4,617 4,859 5*
Mechanic Il CLOCEA 3,947 4,155 4,374 4,603 4,846
Senior Clerk Dispatcher CLOCEA 3,810 4,011 4,222 4,443 4,678 5* Recreation Supervisor CLOCEA 3,810 4,011 4,222 4,443 4,678 Community Services Officer CLOCEA 3,810 4,011 4,222 4,443 4,678 5* Maintenance Technician CLOCEA 3,760 3,948 4,145 4,352 4,570 Skilled Maintenance Worker CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Accounting Assistant CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Administrative Assistant CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Recreation Coordinator CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Records Clerk CLOCEA 3,357 3.533 3,719 3,916 4,122 5*
Animal Control/Code Enforcement CLOCEA 3,312 3,486 3,670 3,863 4,066 5* Maintenance l CLOCEA 3,239 3,410 3,588 3,778 3,977
Office Assistant CLOCEA 2,941 3,095 3,258 3,429 3,610 5* Police Officer Trainee Unrep 4,428 4,650 4,883 5,123 5,384 5*

POLICE CLASSIFICATIONS BU STEP A STEP B STEP C STEP D STEP E PATTERN Chief of Police Unrep 9,475 9,948 10,347 10,761 11,190 15,4,4,4 Lieutenant Unrep 7,540 7,917 8,313 8,728 9,165 15*
Sergeant EPOA 5,950 6,248 6,560 6,888 7,233 I5*
Police Officer TEPOA 4,661 4,895 5,140 5,397 5,667
E-Step Police Officer is the benchmark position upon which linked formulas are based. **All salaries shown are monthly amounts.

Effective Effective Effective Effective
HOURLY EMPLOYEE SALARY SCHEDULE 1/1/2020 1/1/2021 1/1/2022 1/1/2023 Recreation Assistant 13.00 14.00 15.00 15.50
Recreation Leader N/A 18.00 18.00 18.00
Sport Official 13.00 14.00 15.00 15.50
Maintenance 13.00 14.00 15.00 15.50
Office/ Administrative I 13.00 14.00 15.00 15.50
Office/ Administrative lI 15.00 16.00 17.00 17.00
*Police Reserve 19.00 19.00 25.00 25.00
*Includes California Minimum Wage Increases pursuant to State Law

CITY COUNCIL MEMBERS
Exeter City Council Member
*$10.00 per meeting not to exceed four meetings in any calendar month pursuant to City of Exeter Municipal Code §2.04.030
Attachment B

CITY OF EXETER
FY2022-2023 PERSONNEL ALLOCATION

GENERAL FUND NON-GENERAL FUNDS

GEN GENERAL GE
FTE DEPT CLASSIFICATION ADMIN FIN GOVT POLICE STREETS REC PARKS FUND INS MR Water Sewer Refuse FUND Total Admin City Administrator 0.30 0.08 0.38 0.09 0.25 0.25 0.03 0.62 1.00 Admin City Clerk/Human Resources Manager 0.15 0.20 0.35 0.25 25 0.15 0.65 1.00 Admin Deputy City Clerk/Personnel Officer 0.15 0.20 0.35 0.25 0.25 0.15 0.65 1.00 Code Enf Community Services Officer 1.00 1.00 1.00
1 Finance Accounting Assistant 0.30 0.30 0.30 0.30 0.10 0.70 1.00 1 Finance Accounting Assistant 0.30 0.30 0.30 0.30 0.10 0.70 1.00 Finance Finance Director 0.25 0.10 0.35 0.08 0.27 0.26 0.04 0.65 1.00 Finance Financial Analyst 0.15 0.10 0.25 0.05 0.30 0.30 0.10 0.75 1.00 MAAM
Finance Office Assistant 0.10 0.10 0.40 0.30 0.20 0.90 1.00 Public Works Administrative Assistant 0.15 0.15 0.45 0.40 0.85 1.00 Public Works Crew Leader 0.05 0.20 0.25 0.38 0.38 0.75 1.00 Public Works Maintenance Technician 0.15 0.15 0.43 0.42 0.85 1.00 1 Public Works Maintenance Technician 0.50 0.50 0.45 0.05 0.50 1.00 Public Works Mechanic II 0.20 0.20 0.40 0.30 0.30 0.60 1.00 Public Works Operations Manager 0.10 0.20 0.30 0.40 0.25 0.05 0.70 1.00 Public Works Public Works Director 0.30 0.30 0.35 0.25 0.10 0.70 1.00 Skilled Maintenance Worker/Maint I (Flexibly
1 Public Works Allocated) 0.35 0.35 0.40 0.20 0.05 0.65 1.00 Skilled Maintenance Worker/Maint I (Flexibly
Public Works Allocated) 0.10 0.10 0.75 0.15 0.90 1.00
Skilled Maintenance Worker/Maint I (Flexibly
Public Works Allocated) 0.75 0.15 0.90 1.00
Recreation Recreation Coordinator 0.05 0.05 1.00
19 PD Police Poisitons 1.00 1.00 19.00

39.00 TOTAL: 0.77 2.00 6.98 4.56 0.77 15.07 39.00
Funding Allocation% 61.4% 2.0% 5.1% 17.9% 11.7% 2.0% 38.6% 100.0% Police Personnel
Chief
Lieutenant Note on Police Officer Allocation
Sargeant *1 FTE offset w/Measure P Fund)
Detective *Police Officer Positions can be flexibly allocated Police Officer/Police Officer Trainee with the Police Officer Trainee Records Clerk
Sr. Clerk Dispatcher 1
19 City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: 15 X City Council
Wording for Agenda: Approve and authorize the Mayor and City Administrator to execute an Addendum to Finance Director Rainbow Regular Session:

Moore's employment contract providing for a 2% salary increase Consent Calendar effective July 4, 2022 ($9,068 per month) and 2% effective July 3, X Regular Item 2023 ($9,736 per month, which also includes a potential step Public Hearing increase at time of annual review).

Review:

Submitting Department: Administration City Administrator Contact Name: Shonna Oneal, City Clerk/HR Manager (Initials Required) Adam Ennis, City Administrator
Phone Number: 592-9244
Email: [email protected]
Department Recommendation:

That the Council approve and authorize the Mayor and City Administrator to execute an Addendum to the Employment Agreement for Finance Director Rainbow Moore providing for a 2% salary increase effective July 4, 2022 ($9,068 per month) and 2% effective July 3, 2023 ($9,736 per month, which also includes a potential step increase at time of annual review).

Summary/Background:

On June 22, 2021, the Council appointed and approved a three-year Employment Agreement with Rainbow Moore to serve as the next Finance Director of the City of Exeter for a term of three (3) years commencing July 21, 2021 through June 30, 2024. This contract did not include the 2% increase effective July 4, 2022 and the 2% increase effective July 3, 2023 that was provided for all other department heads, middle managers, CLOCEA and EPOA. Staff is recommending that this addendum to Rainbow Moore's contract be approved providing for the same increase previously approved by Council for employees that accepted it.

Fiscal Impact: The pay increases will be included in the proposed budget for 2022/2023 and 2023/2024 for Council's consideration.

Prior Council/Board Actions: The Council approved a three (3) year contract with Finance Director Rainbow Moore on June 22, 2021 to commence July 21, 2021 for the purposed of employment.

Attachments: Addendum to Rainbow Moore's Employment Agreement.

Recommended motion to be made by Council/Board: I move to approve and authorize the Mayor and City Administrator to execute an Addendum to Rainbow Moore's Employment Agreement as presented.

ADDENDUM NO. 1 TO FINANCE DIRECTOR EMPLOYMENT
AGREEMENT DATED JULY 21, 2021
This Addendum is to Finance Director Agreement dated 21™H of July, 2021 between Yoon "Rainbow" ("Moore") and the City of Exeter.

Background
A. A contract for the Finance Director was entered into on July 21, 2021.

B. The Parties desire to amend the Contract on the terms and conditions set forth in this Addendum.

C. This Addendum is the first amendment to the Contract dated July 21, 2021.

D. References in this Addendum are to the Contract as previously approved
IN CONSIDERATION OF the Parties agreeing to amend their obligations in the existing Contract, and other valuable consideration, hereby amend as follows:

1. Salary Increase: Moore will be entitled to a 2% salary increase effective July 4, 2022 and a 2% salary increase effective July 3, 2023 as approved by Council for employees that accepted it.

2. NO OTHER CHANGES: Except as otherwise expressly provided in this Addendum, all of the terms and conditions of the Contract remain unchanged and in full force and effect.

Executed on this 28th DAY OF June, 2022 at Exeter, California.

CITY OF EXETER: EMPLOYEE:

By:

Barbara Sally, Mayor Yoon "Rainbow" Moore
Adam Ennis, City Administrator
*****
1 City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
or action by:

Agenda Item Number: 16 X City Counci
Regular Session:

Wording for Agenda: Initial discussion of a potential Ordinance _ Consent Calendar enacting a cannabis business tax for certain types of cannabis X Regular Item businesses the Council could consider for approval and regulation. Public Hearing Submitting Department: City Attorney's Office Review:

Contact Name: Julia M. Lew, City Attorney City Administrator Phone Number: 559.734.6729 (Initials Required)
Email: [email protected]
atE.

Department Recommendation:

That the City Council receive information regarding a potential ordinance that would allow for the approval and regulation of different types of cannabis businesses.

Summary/Background:

In 2018, the State of California enacted the 2016 voter-initiative legalizing cannabis for adult use and commercial sales. A stipulation of the ensuing State regulations allowed for local counties/municipalities to decide whether to allow commercial cannabis activities to operate in their respective jurisdiction. The City Council of Exeter voted and enacted ordinance 663, which prohibits all commercial cannabis activities within the city. This includes all cultivation, manufacturing, distribution and retail sales of cannabis.

A couple of years ago, the City received a request from Biolife West to consider the development of an ordinance and permitting process to allow the establishment of a medicinal treatment center for the provision of medically prescribed cannabis products for terminally ill children and disadvantaged adults. The company's representative, Don Anderson, has been working with the State of California to determine the proper State licensing for its facility and received guidance that the appropriate State cannabis license would be an M (Medicinal) - Type 12 Microbusiness license. To qualify as a Type 12 Microbusiness, the licensee must engage in a minimum of 3 of the following activities that would otherwise require separate State licenses:
1) retail (storefront or non-storefront), 2) distribution, 3) cultivation (less than 10,000 sq. ft.), 4) transport, and manufacture. Biolife's proposal involves the formulation (manufacture) and provision of cannabinoid treatments (transport and retail).

The City recently amended its current regulations, found in Chapter 8.50 of the City Code of Ordinances, and its Zoning Ordinance (to specify where the proposed center could be located).

At its regular meeting on March 22, 2022, the City Council directed this office to prepare a draft ordinance that would authorize the permitting of an M (Medicinal) - Type 12 Microbusiness, specifically tailored for the purposes outlined by the interested prospective applicant. The amendments created a limited exception for the medicinal Microbusiness that has been proposed, establishing explicit limitations on the activities of the business and limiting the number of such businesses to 1 such business for every 20,000 residents. Because there would be an overlap related to the approval process and regulatory requirements for the proposed business and other cannabis businesses, the ordinance also established the regulatory framework for additional types of businesses, in the event the City Council wishes to consider authorizing other business types in the future.

The City Council directed that additional information be brought back related to the potential permitting of additional types of cannabis businesses, such as retail adult-use dispensaries. A draft Ordinance is attached for discussion regarding potentially adding Chapter 3.25 to Title 3 of the City of Exeter Code of Ordinances Enacting a Cannabis Business Tax. If the City Council wishes to consider the permitting of other adult-use cannabis businesses, it may want to consider whether to implement, with the approval of the voters, local cannabis tax requirements.

Generally, cities will take that step first, prior to expressly permitting other businesses, so that the community, by virtue of the tax election, has had an opportunity to weigh in on whether the businesses should be permitted as well as taxed, and the City's local tax regulations are in place prior to granting authorizations to specific adult-use businesses.

The attached draft ordinance is substantially similar to other local cannabis tax ordinances. The proposed tax rates are up to 10% of gross receipts, or up to $25 per square foot (with an annual % increase tied to the CPI), depending on the business type, with the specific tax rates to be set by Resolution of the City Council within those ranges. The ordinance authorizes the City to enforce collection and gives the City authority to development policies and procedures to implement the tax. If approved by the voters in November, the ordinance would authorize the City to commence collection as of January 1, 2023, or thirty (30) days after the commencement of a particular business, whichever is later. Note, however, that this ordinance does not authorize the operation of any particular cannabis businesses; operation of any particular cannabis business type would need to be expressly authorized by the adoption of additional ordinances by the City Council, given the current regulatory prohibitions in place.

Fiscal Impact: Minor cost related to updating the City's ordinances. (If ultimately approved by the City Council) costs to place a tax measure on the November 8, 2022 general election ballot.

Prior Council/Board Actions: Presentation by Mr. Anderson on May 14, 2019. Direction and input on March 22, 2022 of an extremely limited exception to the prohibition on cannabis businesses, to allow a specialized medical clinic with Type M Micro business license. First reading of Ordinance 702 on April 26, 2022. Second reading and adoption of Ordinance 702 on May 10, 2022.

Attachments: Draft Ordinance Enacting a Cannabis Business Tax.

Recommended motion to be made by Council/Board: 1 move to direct staff to either; 1) Take no action; OR
2) Schedule a July agenda item to move forward with submitting a ballot measure to the voters of the City of Exeter for the November 2022 local election.

ORDINANCE NO. _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EXETER
ADDING CHAPTER 3.25 TO TITLE 3 OF THE CITY OF EXETER

CODE OF ORDINANCES ENACTING A CANNABIS BUSINESS TAX
THE PEOPLE of the City of Exeter do ordain as follows:

Section 1. PURPOSE. The provisions of this ordinance are necessary for the safety of the public and for the preservation of city services for the residents of the City of Exeter ("City"). By adopting Resolution No. _, the City Council authorized placing this ordinance before the voters of the City of Exeter at an election to be held on November 8, 2022.

Section 2. CODE ADOPTION. Chapter 3.25, Sections 3.25.010 through 3.25.320, is hereby added to Title 3 of the Code of Ordinances of the City of Exeter to read in its entirety as follows:

Title 3
Chapter 3.25 CANNABIS BUSINESS TAX

3.25.010 Cannabis Business Tax
The cannabis business tax is an excise tax on the privilege of engaging in cannabis business activity in the City; it is not a sales or use tax. All of the proceeds from the tax imposed by this Chapter shall be placed in the City's general fund and used for general governmental purposes.

3.25.020 Definitions
"Applicant" means a person who is required to file an application for a permit under this section. "Business Owner" means the owners) of the Cannabis Business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of 5% or more. For all other businesses other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of 20% or more in the commercial cannabis business.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means cannabis or marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and •Tax Adult Use of Cannabis Initiative, and as defined by other applicable State law.

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"Cannabis business" or "cannabis industry" means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.
"Cannabis cultivation area" means the total aggregate areas) of cannabis cultivation by a cannabis business as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, excluding non-production areas, as determined by the Community Development Director or his or her designee.
"Cannabis business tax" means the tax due pursuant to this Chapter for engaging in cannabis business in the City.
"Cannabis nursery" means a Person who produces Cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and Cultivation of Cannabis. In addition, and without limiting the foregoing, "nursery" includes "nursery" as defined in California Business and Professions Code Section 19300.5 and any successor statute, as may be adopted or amended from time to time.
"Cannabis product means any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in Section 11018.1 of the Health and Safety Code.
"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether the areas are contiguous or noncontiguous. The plant canopy need not be contained to a single parcel of land in determining the total square footage that will be subject to tax under this Chapter. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. "City" means the City of Exeter, either the entity or its territorial limits, as the context requires. "City Council" or "Council" means the City Council of the City of Exeter. "City Permit" means any permit issued by the City to Person to authorize that Person to operate or engage in a Commercial Cannabis Business.
"Collector" means the City's Chief Financial Officer or his or her designee.

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"Commercial cannabis cultivation" means cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal recreational use as authorized under the "Control, Regulate and Tax Adult Use of Marijuana Act" approved by the State's voters on November 8, 2016, for which the individual receives no compensation whatsoever. "Commercial Cannabis Business" or "Cannabis Business" or "Cannabis Operation" means any commercial marijuana activity allowed under State Law and the implementing regulations, as State Law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis.
"Cannabis production" means the processes associated with the processing, extraction, manufacturing, testing, distribution and transportation of medical and non-medical cannabis products.
"Commingling" means the physical aggregation of harvest batches or nonmanufactured cannabis products by a licensee.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Cultivation" also includes nurseries. In addition, and without limiting the foregoing, "cultivation" includes "cultivation" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted and amended from time to time.
"Delivery" means the commercial transfer of marijuana cannabis or marijuana cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
"Delivery employee" means an individual employed by a licensed dispensary who delivers medical cannabis goods from the licensed dispensary premises to a medical cannabis patient or primary caregiver at a physical address.
"Dispensary" means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, "dispensary" includes "dispensary" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.

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"Distributor" means a person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, "distributor" includes "distributor" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.
"Distribution" means the procurement, sale, and transport of cannabis or cannabis products between licensees, or the involvement in the procurement, sale, and/or transport of cannabis and cannabis products between two or more cannabis businesses. "Employee" means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation. "Gross Receipts," means the total amount or compensation received or receivable from all sales; the total amount or compensation actually received or receivable for the performance of any act or service, or whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise; discounts, rents, royalties, fees, commissions, dividends and gains realized from trading in stocks or bonds, however designated. Included in "Gross Receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction there from an account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

1. Cash discounts where allowed and taken on sales;

2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts;

3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

4. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;

5. Receipts from investments where the holder of the investment received only interest and/or dividends, royalties, annuities and gains from the sale or exchange of stock or securities solely for a Person's own account, not derived in the ordinary course of a business;

6. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;

7. Cash value of sales, trades or transactions between departments or units of the sale business;

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Wherever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered; Transactions between a partnership and its partners;

10. Receipts from services or sales in transactions between affiliated corporations. An affiliated corporation is a corporation:

1. The voting and non-voting stock of which is owned at least eighty percent (80%) of such other corporation with which such transaction is had; or Which owns at least eighty percent (80%) of the voting and non-voting stock of such other corporation; or

3. At least eighty percent (80%) of the voting and nonvoting stock of which is owned by a common parent corporation which also has such ownership of the corporation with which such transaction is had.

11. Transactions between a limited liability company and its members), provided the limited liability company has elected to file as a Subchapter K entity under the Internal Revenue Code and that such transactions) shall be treated the same as between a partnership and its partners) as specified in Subsection 9 above;

12. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar ($1.00);

13. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the Finance Department with the name and addresses of the others and amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees. "Indoor cultivation" means the cultivation of cannabis within a structure using artificial light, at a rate greater than 25 watts per square foot.
"Manufacturer" means a person who conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or that packages or repackages cannabis or cannabis products or labels or re-labels its container. In addition, and without limiting the foregoing, "manufacturer" includes "manufacturer" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time. "Mixed-light cultivation" means the cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, and/or the Cultivation of cannabis using any combination of natural and supplemental artificially lighting. Greenhouses, hoop houses, hot houses and similar structures or light deprivation systems are included in this category.

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"Nursery" means a person who produces cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and cultivation of cannabis. In addition, and without limiting the foregoing, "nursery" includes "nursery" as defined in California Business and Professions Code section 193 00. 5 and any successor statute, as may be adopted or amended from time to time.
"Operator" means the Business Owner and any other person designated by the Business Owner as responsible for the day to day Cannabis business operation. "Person means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, syndicate tribe or any other group or combination acting as a unite and includes the plural as well as the singular member." "Personal medical cannabis cultivation" means cultivation, by either a qualified patient who cultivates cannabis exclusively for his or her personal medical use or by a caregiver who cultivates cannabis exclusively for medical use by qualified patients and who is exempt from State licensing requirements under the State Medical Cannabis Regulation and Safety Act. "Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous. "Responsible Party" shall mean the Business Owner, Operator, managers), and any employee having significant control over the cannabis businesses operations. "Sale" means and includes any sale, exchange, or barter. "Square Foot" or "Square Footage" means the maximum amount of Cannabis Cultivation Area for Commercial Cannabis Cultivation authorized by a City Permit issued to a person engaging in a Commercial Cannabis Business, or by a state license in the absence of a City permit or license, not deducting for unutilized square footage, and shall be the basis for the tax base for Cultivation.
"State" means the State of California.
"State Law" means all regulations and laws pertaining to Cannabis Business in the State of California. •
"State license," means a State license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable State law.
"Testing means a laboratory, facility, or entity in the State, that offers or performs tests of cannabis or cannabis products and that is both of the following: 1) Accredited by an accrediting body that is independent from all other persons involved in commercial marijuana cannabis activity in the State. 2) Registered with Licensed by the State Department of Public Health.

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"Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this chapter. "Transporter" means a person issued all required state and City permits to transport cannabis or cannabis products between permitted facilities.

3.25.030 Tax Authorization and Operative Date
Beginning January 1, 2023, a cannabis business tax is hereby imposed on every person who is engaged in cannabis business in the City as prescribed herein. It is unlawful for any person to transact or carry on any cannabis business in the City without paying, in accordance with this Chapter, the cannabis industry tax imposed by this section. The intent of this Article is to levy a tax on all cannabis businesses that operate in the City, regardless of whether such business would have been legal at the time the ordinance codified in this chapter was adopted. Nothing in this chapter or article shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken, including but not limited to the City's municipal code regulations. Nothing in this chapter or article shall be construed as to alter the City's regulatory requirements or conditions under which a cannabis business may operate in accordance with Chapter 8.50 of Title 8 or any other regulatory requirements as set forth in the Code of Ordinances, or the land use requirements and conditions set forth in the Exeter Development Ordinance.

3.25.040 Tax Imposed
A. Tax on Commercial Cannabis Businesses

1. Every Person who is engaged in a Commercial Cannabis Business in the City shall pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council which rate shall not exceed $25 per square foot (with a permitted annual adjustment by the applicable Consumer Price Index) of Commercial Cannabis Business area or ten percent (10%) of annual gross receipts per fiscal year. The exact amount of the tax and the methodology of calculation shall be set by the City Council by resolution but shall not exceed the maximums approved by the voters of $25 per square foot (with a permitted annual adjustment by the Consumer Price Index), or 10% of annual gross receipts. The City Council may lower and raise the tax rate without voter approval, subject to the maximum rates approved by the voters. Tax rates for various licenses may vary in rate and methodology between license types, but shall be consistent for all Persons who hold a particular type of license.

2. The taxable square footage calculation shall be determined by including all portions of the premises where the Commercial Cannabis Business operates deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the Commercial Cannabis Businesses.

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3. If more than one cannabis business operates on the premises, each Person shall be responsible for paying the tax. This section shall not be construed to authorize the operation of more than one cannabis business on the premises, if otherwise prohibited by City regulation(s).

4. Persons subject to the tax imposed by this Section shall also register and pay all fees required by the City Council.

B. No further voter approval shall be required for the adoption or increase of a tax under the authority granted by this Section of this Chapter, it being the intent of the People of the City of Exeter to authorize such a tax up to and including the maximum rates set forth above whenever implemented by the City Council hereafter.

3.25.050 Registration of Cannabis Business
All persons engaging in a cannabis business, whether an existing, newly established or acquired business, shall, in addition to any other requirements prescribed by this Code, register with the Collector by the later of 30 days after commencing operation or January 1, 2023, and shall annually renew such registration as required by the Collector. Each Person shall be required to submit any information as deemed necessary by the Collector.

3.25.060 Reporting and Remittance of Tax
The cannabis business tax imposed by this Chapter shall be due and payable as follows:

A. Each person subject to tax under this chapter, except a cannabis tax based on a square footage, shall, on or before the last day of the month following the close of each calendar quarter, prepare and submit a tax return and remit to the Collector the tax due for that quarter. At the time the return is filed, the full amount of the tax due for the prior quarter shall be remitted to the Collector. At any time, a business may apply in writing to the Collector to have these tax returns and payments made less frequently or on a different schedule. Any determination resulting from this application will be at the sole discretion of the Collector and shall be provided in writing.

B. Each person subject to a cannabis tax based upon square footage shall, on or before the last day of the month following the close of each calendar quarter, prepare and submit a tax return and remit to the Collector the tax due for that quarter. The tax shall be calculated in accordance with rules and regulations established by the Collector pursuant to 22-72. The tax return may include a request for adjustment of the tax due to crop loss or periods without cultivation, along with evidence substantiating the crop loss or fallow periods. If the cultivation begins significantly after January 1 or terminates significantly before December 31 of the calendar year, a request to prorate the tax may be submitted with clear and convincing evidence supporting the timing of the cultivation. The decision to prorate or adjust the tax will be made at the sole discretion of the Collector. At the time the return is filed, the full amount of the tax due for the prior quarter shall be remitted to the Collector. At any time, a business may apply in writing to

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the Collector to have these tax returns and payments made less frequently or on a different schedule. Any determination resulting from this application will be at the sole discretion of the Collector and shall be provided in writing.

C. All tax returns shall be completed on forms prescribed by the Collector.

D. Tax returns and payments for all outstanding taxes owed to the City under this Chapter are immediately due and payable to the City of Exeter upon cessation of business for any reason.

E. The Collector may, as part of administering the tax and in his or her discretion, modify the form of payment and take such other administrative actions as needed to facilitate the collection of the tax.

3.25.070 Payments and Communications - Timely Remittance Whenever any payment, return, report, request or other communication is due under this Chapter, it must be received by the Collector on or before the due date. A carrier postmark will not be accepted as timely remittance. If the due date falls on Saturday, Sunday or a City holiday, the due date shall be the next regular business day on which the City is open to the public.

3.25.080 Payment - When Taxes Deemed Delinquent
Unless otherwise specifically provided under other provisions of this Chapter, the taxes required to be paid pursuant to this Chapter shall be deemed delinquent if not received by the City of Exeter on or before the due date as specified in Section 22-65.

3.25.090 Notice Not Required by City
The City of Exeter is not required to send a delinquency or other notice or bill to any person subject to this Chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty or interest due under this Chapter.

3.25.100 Waivers of Penalties
The Collector may waive the penalties imposed upon any person if:

A. The person provides evidence satisfactory to the Collector that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, and the person paid the delinquent cannabis industry tax and accrued interest owed the City before applying to the Collector for a waiver.

B. The waiver provisions specified in this subsection shall be granted only once during any twenty-four (24) month period.

3.25.110 Refunds

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A. Whenever the amount of any Commercial Cannabis Business Tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this Chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Collector within one (1) year of the date the tax was originally due and payable. Prior to seeking judicial relief with respect to a dispute regarding the amount of any tax, penalty, or interest collected or received by the city under this article, an aggrieved taxpayer, fee payer, or any other person must comply with the provisions of Section 1-19 of this code.

B. The Collector, his or her deputies, or any other City officer charged with the administration of this Chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Collector to do so. The Collector may collect a fee adopted by the City Council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Collector to make a determination on the claim for refund
C. In the event that the Commercial Cannabis Business Tax was erroneously paid and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one (1) year from when the error was identified.

3.25.120 Exemptions from the Tax
A. The provisions of this Chapter shall not apply to Personal Cannabis Cultivation.

B. The provisions of this Chapter shall not apply to Personal use of Cannabis that is specifically exempted from state licensing requirements, that meets the definition of Personal use or equivalent terminology under state law, and for which the individual receives no compensation whatsoever related to that Personal use.

3.25.130 Administration of the Tax
A. It shall be the duty of the Collector to collect the taxes, penalties and/or fees, and perform the duties required by this Chapter.

B. For purposes of administration and enforcement of this Chapter generally, the Collector may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and express terms of this Chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

C. The Collector may take such administrative actions as needed to administer the tax, including but not limited to:

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1. Provide to all Commercial Cannabis Business taxpayers forms for the reporting of the tax;

2. Increase tax rates in accordance with this Chapter;

3. Provide information to any taxpayer concerning the provisions of this Chapter;

4. Receive and record all taxes remitted to the City as provided in this Chapter;

5. Maintain records of taxpayer reports and taxes collected pursuant to this Chapter;

6. Assess penalties and interest to taxpayers pursuant to this Chapter;

7. Determine amounts owed and enforce collection pursuant to this Chapter; and

8. Adopt rules and regulations no inconsistent with the provisions of this Article as may be necessary or desirable to aid in the implementation and enforcement of the provisions of this Article.

3.25.140 Enforcement
A. Any taxes, penalties and/or fees required to be paid under the provisions of this Chapter shall be deemed a debt owed to the City. Any Person owing money to the City under the provisions of this Chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this Section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this Chapter or the failure to comply with any provisions of this Chapter.

B. In addition to any other remedies available under federal, state, or local law, if any amount required to be paid to the County under this Chapter is not paid when due, the Collector may, within three (3) years after the amount is due, record a certificate of lien specifying the amount of taxes, fees and penalties due, and the name and address of the Person as it appears on the records of the Collector. The lien shall also specify that the Collector has complied with all provisions of this Chapter in the determination of the amount required to be paid. From the time of the filing of the record, the amount required to be paid, together with penalties thereon, constitutes a lien upon all real property in the County owned by the Person, or subsequently acquired by the Person before the lien expires. The lien has the force, effect and priority of a judgment lien and shall continue for ten (10) years from the filing of the certificate unless sooner released or otherwise discharged. A fee may be adopted by the City Council and collected by the Collector to pay for the cost of recording and administering the lien.

C. At any time within three (3) years after any Person is delinquent in the payment of any amount herein required to be paid or within three (3) years after the last recording of a certificate of lien under Subsection B of this Section, the Collector may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the City under this Chapter. The warrant shall be directed to the Chief of Police and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy and sale pursuant to a writ of execution. The Collector may pay or advance to the Chief of Police, the same fees, commissions and expenses for service

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provided by law for similar services pursuant to a writ of execution. The Collector may approve the fees for publication in the newspaper.

D. At any time within three (3) years after recording a lien against any Person, if the lien is not discharged and released in full, the Collector may forthwith seize any asset or property, real or Personal (including but not limited to, bank account), of the Person and sell at public auction the asset or property, or a sufficient part of it to pay the amount due together with any penalties and interest imposed for the delinquency and any cost incurred on account of the seizure and sale.

Assets or property of the Person subject to seizure and sale subject to this Chapter shall not include any assets or property which is exempt from execution under the provisions of the California Code of Civil Procedure.

3.25.150 Apportionment
If a cannabis business subject to a cannabis industry tax is operating both within and outside the City, it is the intent of the City to apply the cannabis industry tax so that the 7 measure of the tax fairly reflects the proportion of the taxed activity actually carried on within the City.

3.25.160 Construction
This tax is intended to be applied in a manner consistent with the~ United States and California Constitutions, State and local law. None of the tax provided for by this Chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution, State or local law.

3.25.170 Audit and Examination of Records and Equipment A. The Collector shall have the power to audit and examine all books and records of any person engaged in cannabis business in the City, including both State and federal income tax returns, California sales tax returns, or other evidence documenting the gross receipts of persons engaged in cannabis business, and, where necessary, all equipment of any person engaged in cannabis business in the City, for the purpose of ascertaining the amount of cannabis business tax, if any, required to be paid under this Chapter, and for the purpose of verifying any statements or any item thereof when filed by any person pursuant to this Chapter. If such person, after written demand by the Collector, refuses to make available for audit, examination or verification such books, records or equipment as the Collector requests, the Collector may, after full consideration of all information within his or her knowledge concerning the cannabis business and activities of the person so refusing, make an assessment against the cannabis business of the taxes estimated to be due under this Chapter.

B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this Chapter to keep and preserve, for a period of at least five (5) years, all records as

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may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Collector shall have the right to inspect at all reasonable times.

3.25.180 Other Licenses, Permits, Taxes, Fees, or Charges Except as expressly provided in this Chapter, nothing contained in this Chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or Chapter of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other title or Chapter of this Code or any other ordinance or resolution of the City. Any references made or contained in any other title or Chapter of this Code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or Chapters of the Exeter Code of Ordinances unless otherwise expressly provided.

3.25.190 Change of Ownership/Successor's and Assignee's Responsibility A. If any Person, while liable for any amount under this Chapter, sells, assigns or otherwise transfers the Commercial Cannabis Business, whether voluntarily or involuntarily, the Person's successor, assignee or other transferee, or other Person or entity obtaining ownership or control of the business ("Transferee"), shall satisfy any tax liability owed to the City associated with the business when due hereunder. Failure to do so for the benefit of the City will result in being personally liable to the City for the full amount of the unpaid tax liability, interest and penalties.

The Transferee shall notify the Collector of the date of transfer at least 30 days before the transfer date; or if the agreement to sell, transfer, or otherwise dispose of the business was made less than 30 days before the date of transfer, notice shall be provided immediately upon the existence of the agreement. All Transferees are required to meet each and every condition outlined in this chapter and have prior written approval of the City prior to the transfer.

B. The Transferee shall be deemed to have complied with the requirement of this section to satisfy the unpaid tax liability if the Transferee complied with the requirements of California Revenue and Taxation Code Section § 7283.5 by withholding from the purchase price, for the benefit of the City, an amount sufficient to cover the tax liability, or by otherwise paying the tax liability and obtaining from the Collector a "Tax Clearance Certificate" showing that all outstanding tax liability has been paid and stating that no amount is due through the date of transfer.

C. The Collector, within 90 days of receiving a written request from the Transferee, may issue a "Tax Clearance Certificate" stating either the amount of tax liability due and owing for the business, or stating that there is no tax liability due and owing for the business through a stated date. The Collector may also request financial records from the current or former owner or

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operator of a Commercial Cannabis Business to audit the tax that may be due and owing. The Collector shall issue a "Tax Clearance Certificate" within 30 days of completing the audit, state the amount of the tax liability owed, if any, unless the Collector determines that the records provided in connection with the audit are insufficient to determine whether taxes are due and owed or in what amount. If the Collector determines that the records are insufficient, the Collector may rely on the facts and information available to estimate any tax liability. The Collector may issue a "Tax Clearance Certificate" stating the amount of the tax liability, if any, based on such facts and information available. Unless an appeal is filed in accordance with Section 22-84, the "Tax Clearance Certificate" shall serve as conclusive evidencè of the tax liability associated with the property through the date stated on the "Tax Clearance Certificate."

3.25.200 Payment of Tax Does Not Authorize Unlawful Business A. The payment of a tax required by this Chapter, and its acceptance by the City, shall not entitle any person to engage in any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable State or local laws.

B. No tax paid under this Chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any State or local laws.

3.25.210 Deficiency Determinations
If the Collector is not satisfied that any tax return or other statement filed as required under this Chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the facts contained in the tax return or statement or any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable, or such later date as allowable by law. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within three (3) years thereafter, or such later date as allowable by law, as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due.

Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given in accordance with this Code.

3.25.220 Failure to Report-Nonpayment
A. Under any of the following circumstances and at any time, the Collector may make and give notice of an assessment of the amount of tax owed by a person under this Article:

1. If the person has not filed a complete return or statement required under this Chapter;

2. If the person has not timely paid any tax, fee, interest and/or penalties due under of this Chapter; or

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3. If the person has not, after demand by the Collector, filed a corrected return or statement, or furnished to the Collector adequate substantiation of the information contained in a return or statement filed previously.

B. The notice of assessment shall separately set forth the amount of any tax, fee, interest and/or penalties known by the Collector to be due or estimated by the Collector, after consideration of all information within the Collector's knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this Chapter.

3.25.230 Tax Assessment - Notice Requirements
The notice of assessment shall be served upon the person liable for the tax under this Chapter either by personal delivery, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Collector for the purpose of receiving notices provided under this Chapter; or, should the person have no address registered with the Collector for such purpose, then to such person's last known address. For the purposes of this section, a service by mail is complete at the time of deposit in the United States mail.

3.25.240 Tax Assessment - Hearing, Application, and Determination Within ten (10) calendar days from the date of service, the Person may apply in writing to the Collector for a hearing on the assessment. If application for a hearing before the City is not made within the time here prescribed, the tax assessed by the Collector shall become final and conclusive. Within thirty (30) business days of the receipt of any such application for hearing, the Collector shall cause the matter to be set for hearing before him or her not later than thirty- five (35) business days after the receipt of the application, unless a later date is agreed to by the Collector and the Person requesting the hearing. Notice of such hearing shall be given by the Collector to the Person requesting such hearing not later than five (5) business days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Collector should not be confirmed and fixed as the tax due. After such hearing, the Collector shall determine and reassess the proper tax to be charged and shall give written notice to the Person in the manner prescribed in Section 22-82 for giving notice of assessment. The amount determined to be due shall be payable after thirty (30) calendar days of written notice unless it is appealed pursuant to the Appeal Procedure set forth in this Article.

3.25.250 Appeal Procedure
Any taxpayer aggrieved by any decision of the Collector with respect to the amount of tax, fee, interest and penalties, if any, due under this Chapter may appeal to the City Administrator by filing a written appeal with the Clerk of the Exeter City Council within fifteen (15) calendar days of the mailing of the decision or determination. The Clerk shall schedule the appeal and give fifteen (15) business days' written notice to the appellant of the time and place of hearing by

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serving the notice personally or by depositing in the United States Post Office in the City, postage prepaid, addressed as shown on the appeal papers or, if none, such other address as is known to the City or, absent any address, by publication in a newspaper of general circulation in the City. The City Administrator or designee shall have authority to determine all questions rose on such appeal. No such determination shall conflict with any substantive provision of this Chapter. The finding of the City Administrator shall be final and conclusive as to the City, but subject to judicial review under California Code of Procedure Section 1094.5 and shall be served upon appellant in the manner prescribed by this Article for service of notice of tax assessment hearing. Any amount found to be due shall be immediately due and payable upon service of the notice.

3.25.260 Conviction for Chapter Violation -Taxes not Waived The conviction and punishment of any person for failure to pay a required tax, fee, penalty and/or interest under this Chapter shall not excuse or exempt such person from any civil action for the amounts due under this Chapter. No civil action shall prevent a criminal prosecution for any violation of the provisions of this Chapter or of any State law requiring the payment of all taxes.

3.25.270 Violation Deemed Misdemeanor
Any person who violates any provision of this Article or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the City any material fact herein required to be provided is guilty of a misdemeanor punishable as provided in this Code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury.

3.25.280 Suspension of Collection
The City Council shall have authority to temporarily suspend collection of the tax imposed by this chapter by resolution unanimously approved by all members of the entire City Council. However, the authority to levy the tax imposed by this chapter shall not expire or otherwise terminate, unless terminated by a duly enacted Ordinance which is approved at a regular meeting of, and by unanimous vote of all of the seats on, the City Council.

3.25.290 Severability
If any provision of this Chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Chapter or the application of this Chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

3.25.300 Remedies Cumulative

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All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

3.25.310 Amendment or Repeal
As provided in California Elections Code Section 9217, this Chapter may be repealed or amended by Ordinance of the Exeter City Council without a vote of the People except that, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Chapter above the maximum rates established by this Chapter. The people of the City of Exeter additionally affirm that the following actions shall not constitute an increase of the rate of a tax:

1. The restoration of the rate of the tax to a rate that is no higher than that set by this Chapter, if the City Council has acted to reduce the rate of the tax;

2. An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification ( even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Chapter; or

3. The collection of the tax imposed by this Chapter, even if the City had, for some period of time, failed to collect the tax; or

4. The establishment of a class of Persons that is exempt or excepted from the tax or the discontinuation of any such exemption or exception ( other than the discontinuation of an exemption or exception specifically set forth in this Chapter); or

5. The City Council's adoption of an Ordinance, as authorized by this Article, to raise the tax rate provided that the rate is not increased to a rate higher than the maximums established herein.

3.25.320 Penalties
Any entity that fails to pay the taxes or fees required by this chapter within fifteen ( 15) days after the due date shall pay in addition to the taxes a penalty for nonpayment in the sum equal to twenty-five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added on the first day of each calendar month following the month of the imposition of the twenty-five percent (25%) penalty if the tax remains unpaid - up to a maximum of one hundred percent (100%) of the tax payable on the due date. Receipt of the tax payment by the City shall govern the determination of whether the tax is delinquent. Postmarks will not be accepted as adequate proof of a timely payment.

Section 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15060(c)(2), 1506l(b)(3) and 15378(b)(2) and (4). The City Administrator or his designee is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

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Section 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Exeter, or any official, employee or agent thereof.

Section 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Exeter hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more of other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Exeter Code of Ordinances as amended by this ordinance, if any, are substantially the same as provisions in the Exeter Code of Ordinances existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 8. EFFECTIVE DATE. Pursuant to Elections Code § 9217, this ordinance shall be deemed adopted on the date when the final vote is declared by the City Council and this ordinance shall go into effect ten (10) days after that date, contingent upon approval by a majority of the voters voting on the measure in the November 2022 election.

THE FOREGOING ORDINANCE was approved by the City Council of the City of Exeter, State of California, on July _, 2022 at a regular meeting of said Council duly and regularly convened on said day by the following vote:

A YES:

NOES:

ABSTAIN:

ABSENT:

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City of Exeter
Agenda Item Transmittal
Meeting Date: June 28, 2022
For action by:

Agenda Item Number: 17 X City Council
Wording for Agenda: Council authorization for the City
Administrator to execute a five-year agreement with Tulare County Regular Session:
to provide fire prevention and suppression services within the City Consent Calendar boundaries for a total not-to exceed cost of $2,741,932. X Regular Item Public Hearing
Submitting Department: Administration/Finance Review:

Contact Name: Adam Ennis City Administrator/Rainbow Moore Finance Director
City Administrator
Phone Number: (559) 592-4956, (559) 592-2755 (Initials Required) Email: [email protected], [email protected] -
Department Recommendation:

Staff recommends that Council authorize the City Administrator to execute a five-year agreement with Tulare County to provide fire prevention and suppression services within the City boundaries for a total not-to exceed cost of $2,741,932.

Summary/Background:

The City is the primary responsible agency for providing fire prevention and suppression services within the boundaries of the City. Since 2007 the City has contracted with Tulare County to provide these services for the City. The Tulare County Fire Department (TCFD) has provided these services using the City provided Fire Station and two apparatus consisting of an engine and a patrol vehicle. TCFD has provided the trained staffing, one apparatus (a ladder truck) and dispatch services. The TCFD has also served the county area surrounding the City from this station with the same equipment. The total costs for providing the fire prevention and suppression services has historically been split proportionately between the City and County based on call volumes from within the City and outside the City. Over time the call volumes have went from being heavier on the County calls to heavier on the City calls.

The previous five-year contract expired on June 30, 2021, and the City and County have been working to development this proposed five-year agreement, which would be from July 1, 2021, through June 30, 2026 The parties may mutually agree to extend the agreement for additional five-year terms. The primary differences between the previous agreement and the current agreement are:

1. The TCFD has agreed to a 50/50 split between the County and the City for all actual costs to be shared. The current cost estimates for each year are attached to the contract, with the contract allowing for up to a 15% annual cap above these estimates for unexpected increases or expenses in the actual costs should they occur. If actual costs exceed the cap in any contract year due to unforeseen circumstances the parties may negotiate the excess costs and any final mutually agreed upon costs may be added to the following year's billing.

An increase in staffing after the third year of the contract (beginning July 1, 2024) from 1.0 staffing to 2.0 staffing is included. This would involve increasing staffing from the current staffing of at least 1 Company Officer 24 hours per day, 7 days per week to 1 Company Officer and 1 Fire Apparatus Engineer 24 hours per day, 7 days per week.

3. A cost to the City if the County has to provide a reserve apparatus to fill in for non- operational City supplied apparatus for over 60 days cumulative per year, excepting a catastrophic loss. The cost is estimated at about $2,240 per day.

4. Disabling of the City after-hours emergency public works phone line and audible low water alarm in the Fire Station within 24 months (excluding delays due to equipment or material availability.

5. Creation of an itemized list of loose equipment to determine ownership. County to credit City during first billing cycle for fair market value of City owned loose equipment. All loose equipment would then become County equipment and part of their regular maintenance, repair and replacement program

6. Mutually agreed upon temporary facilities must be provided by City within 24 hours if the current station becomes unable to be occupied

7. As discussed during the 2020/2021 and 2021/2022 budget preparation, costs were anticipated to increase in the upcoming years not only due to increased costs but also due to the County capturing all associated costs with providing the services. In anticipation of this increase the City budgeted $290,000 for this last year. The actual costs are currently estimated at about $398,000 with the current 1.0 staffing. During the next two years of 1.0 staffing, the estimated cost would be about $418,000 in 2022/2023 and $429,000 in 2023/2024. When 2.0 staffing is reached in July of 2024 the costs are estimated to be about $545,000 in 2024/2025 and $556,000 in 2025/2026. These costs do not include the 15% annual not-to-exceed cap for unexpected increases or expenses in the actual costs should they occur.

As this proposed contract was discussed with the County, staff began gathering information from surrounding comparable agencies regarding fire services provided. It appears unlikely that the City could provide the required fire services for less than the cost of this contract. In addition, the increased staffing being proposed by the TCFD seems to be in line with what most other comparable size agencies are striving for and less than that provided by the large agencies in the County. The comparable cities in the county are typically providing service themselves or through a district supported by assessments and using volunteers to get 2.0 staffing when they can. Their actual costs are at or more than those being proposed with this contract.

To offset the potential extra costs for the County to provide a reserve apparatus, Council could consider directing staff to develop a potential plan to replace the current City supplied engine as soon as possible and retain the current City engine as a reserve when needed. Continuing to do this in the future could eliminate the potential for this extra cost. The time from ordering to receiving a new fire engine is probably somewhere around one to two years, but could be longer with the current supply chain issues.

Fiscal Impact:

The cost of this contract is included in the FY21/22 Adopted Budget and FY22/23 & FY23/24 Proposed Budgets. Future building and apparatus maintenance, repairs and replacements to meet the contract requirements could be funded by the General Fund and/or Measure P.

Prior Council/Board Actions: The previous agreement was approved by Council in July 2007 and an amendment to the agreement was approved by Council in June 2016.

Attachments: Copy of the proposed agreement.

Recommended motion to be made by Council/Board: 1 move that the Council authorize the City Administrator to execute the five-year agreement with Tulare County to provide fire prevention and suppression services within the City boundaries for a total not-to exceed cost of $2,741,932

COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER
THIS COOPERATIVE FIRE PROTECTION AGREEMENT ("Agreement") is made and entered into as of the 15 day of July, 2021, by and between the COUNTY OF TULARE, hereinafter referred to as the "COUNTY", and the CITY OF EXETER, hereinafter referred to as the "CITY." COUNTY and CITY are each a "Party" and together are the "Parties" to this Agreement, which is made and entered into with reference to the following:

WITNESSETH:

WHEREAS, the CITY is the primary responsible agency for fire prevention and suppression within the boundaries of the CITY, and such services have been provided through a cooperative agreement with the COUNTY; and
WHEREAS, the CITY desires to continue to contract with the COUNTY for COUNTY to provide fire prevention and suppression services within the boundaries of the CITY; and WHEREAS, the COUNTY is agreeable to rendering such fire prevention and suppression services on the terms and conditions hereinafter set forth; and
WHEREAS, such contracts are authorized by Section 51300 et seq. of the Government Code, and Section 6500 et seq. of the Government Code;
NOW, THEREFORE, the Parties hereto mutually agree as follows:

DEFINITIONS:

CITY'S Fire Station: The existing CITY Fire Station located at 137 North F Street, Exeter, CA 93221, or such substitute facility as CITY provides for COUNTY'S use under paragraph 14 below.

Fire Prevention Services: Those new construction planning, state mandated occupancies, Licensed Care Facilities (850 process) and Groups B & M occupancy classifications inspections, initial hazard abatement inspections, investigations, and fire prevention education activities.

Fire Suppression Services: Those activities which directly relate to and impact the control and extinguishment of unwanted fires.

Fire Apparatus: Firefighting automotive equipment designed specifically for Fire Suppression Services or emergency response, including fire engines, aerial apparatus, light and air apparatus, patrol vehicles, Rescue vehicles, Water Tenders, and mobile command buses.

All Hazard Emergency Response: Responses to those emergency service requests for incidents that are generally threatening to the public's safety, including, but not limited to, structure, vehicle, vegetation and all other fires, technical rescues (including swift water, trench, and confined space rescues), hazardous materials incidents, vehicle accidents, and emergency medical services responses.

Non-Emergency Response: Includes service calls such as smoke checks, burn complaints, alarms sounding, flooding, animal rescues, and any other public service assist-type responses that are considered to "All Hazard Emergency Responses."

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COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER
Fair Market Value: Monthly square footage rental value as determined by a review of then-current commercial property rents in the City of Exeter downtown district.

Response Guide: A document which identifies the COUNTY Fire Department's equipment commitment of Fire Apparatus to any given type of emergency reported to and dispatched by the Tulare County Fire Department. See attached Appendix A
Company Officers: A COUNTY Fire Department Fire Lieutenant or Fire Captain who is assigned to supervise a fire station during an assigned shift; to participate in and direct assigned personnel in fire suppression and prevention activities; has overall responsibility for the maintenance and operation of the station, and to ensure that the COUNTY Fire Department's departmental policies and procedures are enforced.

Fire Apparatus Engineer: A COUNTY Fire Department employee who is assigned to drive and operate assigned fire engines and other equipment in responding to fire and other emergency calls; and to engage in medical aid, firefighting, and prevention activities.

Reserve Fire Apparatus: A piece of Fire Apparatus that is used as a temporary replacement for a piece of similar Fire Apparatus that is normally assigned to a specific location under this Agreement.

TERMS AND CONDITIONS:

1. COUNTY agrees to provide fire prevention and fire suppression services within the incorporated limits of CITY to the extent and in the manner hereinafter set forth. Except as otherwise specifically provided herein, such services shall only encompass duties and functions of the type which come within the jurisdiction of, and are customarily rendered by, COUNTY under the direction and control of the County Fire Chief and pursuant to ordinances of COUNTY and statutes of the State of California.

2. In providing fire prevention and fire suppression services to CITY under this Agreement, COUNTY shall, to the extent possible, respond to any given type of emergency reported to and dispatched by the Tulare County Fire Department with Fire Apparatus in accordance with the Response Guide attached hereto as Appendix A.

In providing fire prevention and fire suppression services to CITY under this Agreement, COUNTY shall provide staffing which utilizes at least one Company Officer twenty-four (24) hours per day, seven (7) days per week to perform the services required for the first three years of this Agreement, i.e., from July 1, 2021, through June 30, 2024.

4. Beginning July 1, 2024, and continuing through the termination of this Agreement, in providing fire prevention and fire suppression services to CITY under this Agreement, COUNTY shall provide staffing of at least 1 Company Officer and 1 Fire Apparatus Engineer, on duty, 24 hours a day, 7 days per week.

5. COUNTY shall provide CITY with fire prevention services as that term is defined above. The frequency with which such services will be provided is defined as shown on the attached Appendix B

6. COUNTY shall assign one (1) piece of Fire Apparatus to CITY's Fire Station. COUNTY shall be responsible for the operation, use, and maintenance of said apparatus; and in the event of

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COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER
loss or damage to said apparatus through casualty or otherwise, then COUNTY shall, at its option, either repair or replace same with a similar piece of Fire Apparatus.

CITY shall provide two (2) pieces of Fire Apparatus at CITY's Fire Station for use of COUNTY in connection with activities contemplated under this Agreement. CITY shall be responsible for maintenance of said apparatus; and in the event of loss or damage to said apparatus through casualty or otherwise, then CITY and COUNTY shall mutually agree to, either repair or replace same with similar pieces of Fire Apparatus.

In the event the County Fire Chief (or designee) determines that a piece of CITY or COUNTY Fire Apparatus provided under this Agreement is non-operational, COUNTY shall immediately so notify CITY. If it is a piece of CITY Fire Apparatus, CITY may, at the City's election, provide its own Reserve Fire Apparatus of comparable typing (per Fire Chief discretion), for use, If a CITY owned Reserve Fire Apparatus is not available, then COUNTY Reserve Fire Apparatus will be provided at no cost to the CITY for a period of time not to exceed an annual cumulative total of 60 days. After the 60-day time period is exceeded, then COUNTY will charge the CITY for use of such Reserve Fire Apparatus at the current OES Fire Apparatus Rates, which are shown on the attached Appendix C and are subject to change annually, until City has repaired or replaced same with a similar piece of Fire Apparatus.

If the non-operational piece of Fire Apparatus provided under this Agreement belongs to COUNTY, a Reserve Fire Apparatus will be provided by the COUNTY at no cost to the City, until the COUNTY has repaired or replaced same with a similar piece of Fire Apparatus.

9. All COUNTY costs of providing fire prevention and fire suppression services to CITY under this Agreement, including personnel, operating, equipment, and administrative costs, shall be shared by the CITY and COUNTY equally at a 50-50 split, excluding the City of Visalia Hazardous Material annual operating fee. The City's Hazardous Material annual operating fee shall be the sole responsibility of the CITY and the County's Hazardous Material annual operating fee shall be the sole responsibility of the County. The County Fire Chief shall account for all COUNTY costs incurred and provide a summary and invoice of such costs to the CITY for each fiscal year. See appendix D.

10. The CITY shall charge rent to the COUNTY for COUNTY's use of CITY's Fire Station based on fair market value as defined above. The CITY shall charge the COUNTY for not more than 50% of the available space at CITY's Fire Station.

11. The CITY shall pay the utility costs for the CITY's Fire Station and charge the COUNTY for 50% of that cost. The CITY shall provide an annual summary of such costs to the COUNTY no later than 30 days after the end of each fiscal year.

12. The COUNTY shall bill the CITY on August 1 of each year of the term of this Agreement for the prior year actual costs (July 1- June 30) service period, with a not-to-exceed amount of 15% over the attached initially estimated costs for each year, and the CITY shall pay the COUNTY no later than 30 days from the date of the billing. A final claim shall be filed with the CITY no later than 60 days after the end of the fiscal year reconciling actual COUNTY costs with CITY payments. If actual costs exceed the cap in any contract year due to unforeseen circumstances the parties may negotiate the excess costs, and final mutually agreed upon adjustments may be added to the following year's billing.

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13. The CITY agrees, within a reasonable amount of time not to exceed 24_ _months after execution of this Agreement (excluding any delays due to equipment or material availability), to have the after-hours emergency public works phone line and audible low water alarm disabled at the CITY's Fire Station. Upon execution of this agreement the COUNTY shall not be responsible to answer the CITY's after-hours public works emergency line. CITY hereby releases COUNTY from responsibility for any domestic water related problems or nuisances in any way.

14. The COUNTY and the CITY agree to create an itemized list of loose equipment assigned to each agency's Fire Apparatus to determine ownership of said loose equipment. Equipment ownership will be mutually agreed upon by both the CITY and the COUNTY. COUNTY will provide the CITY fair market value for the CITY-owned loose equipment and credit the CITY for that amount during the first billing cycle under this Agreement. After that process, all non- grant funded loose equipment will be the property of the COUNTY. All equipment maintenance, repairs, and replacement will be the responsibility of COUNTY, will be performed though the COUNTY's program management, and the costs of such maintenance, repairs, anc replacement of equipment used in providing services under this Agreement shall be included in the costs shared by the Parties under paragraph 10 above, except for costs due to County negligence. Both parties agree to determine negligence through the County's administrative investigative process.

15. All facility maintenance shall be the responsibility of the CITY. If the CITY Fire Station at 137 North F Street, Exeter cannot be occupied by COUNTY personnel due to a facilities emergency or otherwise, then CITY will provide the COUNTY employees a temporary facility within 24 hours of said facility becoming unavailable or non-operational. The cost for all facility maintenance and temporary housing will be at the sole responsibility of the CITY and both the CITY and the COUNTY shall agree upon the relocation site.

16. CITY, to fullest the extent permitted by law, agrees to indemnify, defend, and hold harmless COUNTY, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm, or corporation for damage, injury, or death, arising out of or connected with CITY's performance, failure to perform, or omission of, any act, duty, or work contemplated within the scope of this Agreement, including COUNTY'S active or passive negligence, except for such loss arising from sole negligence or willful misconduct attributable to COUNTY. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring during the term of this Agreement or any extension of the term of this Agreement.

17. COUNTY, to the fullest extent permitted by law, agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees from any and all claims and losses accruing or resulting to any person, firm, or corporation for damage, injury, or death, arising out of or connected with COUNTY's performance, failure to perform, or omission of, any act, duty, or negligence, except for such loss arising from the sole negligence or willful misconduct Agreement as to any acts or omissions occurring during the term of this Agreement or any extension of the term of this Agreement.

18. Each Party, at its sole cost and expense, shall carry insurance or self-insurance for its activities in connection with this Agreement, keep in force and maintain insurance or equivalent programs for general liability, workers compensation, automobile liability, and professional

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liability coverage adequate to cover potential liabilities, negligent or intentionally wrongful acts or omissions, trom the pertormance of its duties under this Agreement. Each Party agrees to provide the other Party with applicable certificates of insurance upon request. Each Party shall be responsible for its own self-insured retentions and deductibles. Failure to maintain insurance as required in this Agreement is a material breach and grounds for termination of the Agreement in accordance with paragraph 22 below.

19. Each Party shall have the right to terminate this Agreement upon the default of the other Party, such termination to be effective upon thirty (30) days prior written notice to the defaulting Party.

Detault occurs upon the tallure of a Party to remedy any failure to comply with the terms of this Agreement within thirty (30) days after the non-defaulting Party has given the other Party written notice of a failure to comply and the nature thereof. Each party has the ability to terminate this agreement without cause with a minimum one-year prior notice to do so.

20. The initial term of the Agreement shall be for five years effective July 1, 2021, and ending on June 30, 2026. The Parties may mutually agree to extend this Agreement for additional five- year terms on such terms and conditions.

21. The Agreement represents the entire agreement between CITY and COUNTY as to its subject matter, and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both Parties.

22. Any notice to be given hereunder shall be written and served either by personal delivery or by first class mail, postage prepaid and properly addressed, as follows:

TO COUNTY: Tulare County Fire Department
835 S. Akers St.

Visalia, CA 93277
TO CITY: City Administrator
City of Exeter
100 North C Street
Exeter, California 93221

23. The Parties enter into this Agreement with the express understanding that each PARTY will perform all services required under this Agreement as an independent contractor. The Parties agree that neither Party and any of its agents, employees, or officers can be considered agents, employees, or officers of the other Party. Subject to any performance criteria contained in this Agreement, each Party will be solely responsible for determining the means and methods of performing the specified services and neither Party shall have the right to control or exercise any supervision over the other as to how that Party will perform the services. Each Party will be solely responsible for paying all required state and federal taxes. Notwithstanding this independent contractor relationship, each Party will have the right to monitor and evaluate the performance of the other Party to assure compliance with this Agreement.

24. Each Party must provide services in accordance with applicable Federal, State, and local laws, regulations, and directives. With respect to each Party's employees, each Party must comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

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25. The laws of the State of California, without reference to California conflict of laws principles, govern this Agreement and its interpretation. The Parties agree that this Agreement is made in and will be performed in Tulare County, California.

26. Each Party must maintain complete and accurate records with respect to the services rendered and the costs incurred under this Agreement. In addition, each Party must maintain complete and accurate records with respect to any payments to employees or subcontractors. All of the records must be prepared in accordance with generally accepted accounting procedures, must be clearly identified, and must be kept readily accessible. Upon request, each Party must make the records available within Tulare County to the other Party and to their agents and representatives, for the purpose of auditing and/or copying the records for a period of five (5)

27. Each Party shall continue with its responsibilities under this Agreement during any dispute between the Parties concerning or arising out of this Agreement. If a dispute arises out of or relating to this Agreement, or the breach of the Agreement, then the Parties shall make their best efforts to informally resolve such disputes. To foster a spirit of cooperation and efficiency in the administration of this Agreement, disputes between the Parties shall first be subjected to a good faith negotiations process as follows:
a. The aggrieved Party shall give the other Party, as soon as possible after the event giving rise to the concern, written notice setting forth, with specificity, the issues to be re- solved Notice shall be provided consistent with the terms of the Agreement. Said notice shall suggest a date, time, and place for the negotiations session. The Parties may jointly decide to meet at another time and place; provided, however, the Parties agree that such negotiations session shall commence within fifteen (15) calendar days after the date that the original notice was given to the applicable Party, unless the Parties agree that there is good cause to extend this time limit.
b. The Parties agree that the negotiations session(s), including proceedings or discussions concerning the proposed negotiations sessions), are to be considered confidential settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during a negotiations session by any Party or a Party's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including mediation and non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or otherwise admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the negotiations session(s).
c. Absent mutual consent of the Parties, if a noticed negotiations session fails to commence within the fifteen (15) calendar day period, or if a reasonable attempt to schedule or reschedule the negotiations session has not been made within those fifteen (15) calendar days, then the negotiations obligation imposed under this Paragraph shall be deemed to have been satisfied and the Parties shall be free to pursue their rights and remedies under this Paragraph, unless the reason for such failure to convene a negotiations session is the

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refusal of the Party asserting a claim to participate in the negotiations session, in which event said claim will be deemed to have been waived.
d. If the dispute is not resolved to the satisfaction of the Parties within thirty (30) calendar days after the first negotiations session, then upon the written request of either Party, the dispute may be submitted to non-binding mediation in accordance with this Paragraph ("Mediation Request")
e. If a dispute arising out of or relating to this Agreement is not resolved through the above- described negotiations process, then within thirty days after notice is provided through a Mediation Request, the Parties shall participate in non-binding mediation administered by a mediator to help mediate and settle the dispute as soon as practicable. The mediation shall proceed as follows:
i. The mediation shall be held at a mutually agreeable location within Tulare County, California.

The Parties shall mutually select the mediator, who shall be an attorney currently licensed to practice law in the State of California or be a retired federal or state judge or magistrate. If the Parties disagree on selection of the mediator, then the Parties will select the mediator by lot from among two nominations provided by each Party. ili. The mediator shall meet with and hear presentations by the Parties as soon as practicable after appointment.
iv. Mediation will be conducted consistent with California Evidence Code Sections 1115- 1128. The mediator shall owe a professional duty to both Parties and shall be barred from testifying in any litigation concerning any information obtained or disclosed in the course of the mediation.

V. Each side shall bear its own costs and attorneys' fees, and one-half of all fees and expenses of the mediator.
vi. Unless otherwise agreed upon by the Parties in writing, the mediation shall be completed within thirty (30) days of the selection of the mediator. vii. The Parties agree that the mediation, including proceedings or discussions concerning the mediation, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during the mediation by any Party or a Party's agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including and non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the mediation.

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vili. The mediator's decision shall not be binding on or admissible against either Party. If mediation fails to resolve the dispute, then either Party may pursue litigation to resolve the dispute.

28. Each Party will execute any additional documents and perform any further acts that may be reasonably required to effect the purposes of this Agreement.

29. This Agreement reflects the contributions of all Parties and so the provisions of Civil Code section 1654 will not apply to address and interpret any alleged uncertainty or ambiguity.

30. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

31. The failure of either Party to insist on strict compliance with any provision of this Agreement will not be considered a waiver of any right to do so, whether for that breach or any later breach. The acceptance by either Party of either performance or payment will not be considered a waiver of any preceding breach of the Agreement by the other Party.

32. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision will be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, then the Agreement may be terminated at the option of the affected Party. In all other cases, the remainder of the Agreement will continue in full force and effect.

33. The Parties agree that time is of the essence under this Agreement unless they agree otherwise in writing.

34. Each Party represents and warrants to the other that the individual(s) signing this Agreement on its behalf are duly authorized and have legal capacity to sign this Agreement and bind them to its terms. Each Party acknowledges that the other Party has relied upon this representation and warranty in entering into this Agreement.

35. The Parties may sign this Agreement in counterparts, each of which shall be deemed an original and all of which taken together form one and the same agreement. A signed copy or signed counterpart of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of a signed original or signed copy of this Agreement.

36. The Parties may sign this Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Agreement and to have the same force and effect as a manual signature. For purposes of this Agreement, the term "electronic signature" means any electronic sound, symbol, or process attached to or logically associated with this Agreement and executed and adopted by a Party with the intent to sign this Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to

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37. This Agreement, upon its effective date, will supersede and replace an existing agreement between the Parties designated Tulare County Agreement No. 13438, which the Parties entered into as of July 1, 2007, and as it was amended as of June 30, 2016. *******************
IN WITNESS WHEREOF, the Parties hereto have affixed their hands and seals as of the day and year first written above.

COUNTY OF TULARE ATTEST:

Jason T. Britt,
County Administrative Officer/Clerk of the Board
of Supervisors of the County of Tulare
By: _ By:

Chair, Board of Supervisors Deputy
CITY OF EXETER ATTEST:

City Clerk and Ex-Officio Clerk
Of the City Council of the City of Exeter
By: _ By: _
Mayor, City of Exeter Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:

COUNTY COUNSEL CITY ATTORNEY
By:_ By: _
Deputy
Matter No. 2021434
Jlk/12-7-21/2021434/1716939.docx

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Appendix "A"
TCFD Standard Response Guide
TCFD STANDARD RESPONSE GUIDE Attachment to SOG-506

MEDICAL

TURISDICTION CALL DESCRIPTION STANDARD RESPONSE
TYPE
TLC MEDCPR MEDICAL AID/CPR IN PROGRESS 2P OR 2E
TLC MED BASIC MEDICAL. AID IP OR IE
TLC MIA INDUSTRIAL ACCIDENT 2E

TLC MNS MEDICAL UNSECURE SCENE TE OR IP

TLC MOA MED AID ASSIST TO OTHER COUNTY AGENCY TE OR IP AS REQUESTED

TLC MCITY MED AID ASSIST TO OTHER CITY AGENCY IE OR IP OR AS APPROVED TLC RURTECH | RURAL/REMOTE TECHNICAL RESCUE 2BC. 2E. I RESCUE, ISO TLC URBAN TECHNICAL RESCU 2BC. 2E. 1 TRK. ISO
TLC SWIFT/FLOOD/WATER RESCU IBC, 2E, SWTF, TCSO

TLC MVA TRAFFIC ACCIDENT
TLC MVAP TRAFFIC ACCIDENT WITH PIN-IN IBC. 3E OR 2E & ITRK

EXETER MEX MEDICAL AID - EXETER CITY LIMITS IE OR IP
FMV M83 MEDICAL AID - FARMERSVILLE CITY LIMITS IE OR IP WLF M86 MEDICAL AID - WOODLAKE FIRE DISTRICT 1E OR IP
TIA M90 MEDICAL AID - TULE INDIAN RESERVATION IE OR IP
FIRES
TLC FRES RESIDENTIAL STRUCTURE FIRE IBC, 3E AND I WT OR 4E. IBS TLC FSTR STRUCTURE FIRE (NON-RESIDENTIAL) 1BC. 3E AND I WT OR 4E. IBS TLC FRES2 STRUCURE FIRE SECOND ALARM; 1" Alarm Plus: IBC, HSO, 3E. I WT, Tac Battalion Tones, DC Notification.

TLC FGAS SMELL OF NATURAL GAS/PROPANE IN A IBC, 3E AND IWT OR 4E, IBS

STRUCTURE
TLC FREGAS SMELL OF NATURAL GAS/PROPRANE/HIGH OCCP 2BC, ЗE, IWT. ITRK. I BS TLC FREIN REINFORCED ALARM: MULTIFAMILY/SCHOOL. 2BC, 3E, I WT. ITRK. 1 BS TLC FREINZ REINFORCED SECOND ALARM; 1" Alarm Plus: DC, ISO, 3E, IWT. ITRK, Tac.

Battalion Tones
TLC FIND INDUSTRIAL/COMMERICAL STRUCTURE FIRE IBC, 3E, I WT AND I TRK. IBS TLC FIND2 INDUSTRIAL/COMMERCIAL STRUCTURE FIRE DC, IBC, IISO, FC Notification, 3E.

SECOND ALARM; 1" Alarm Plus: IWT. ITRK. Tac. Battalion Tones TLC FGRS GRASS FIRE 2P. or 2E
TLC FDEB DEBRIS FIRE IE, or IP
TLC FWLD WILDLAND FIRE (SRA) 1BC, 2P. or 2E. AND I WT. I crew TLC FTASK WILDLAND TASK FORCE: FWLD PLUS DC notification-TF 1: 1 BC, 4P. 1WT TLC FWLD3 WILDLAND THIRD ALARM: FWLD: FTASK PLUS DC Notification-may be CFAA TLC FAGR AGRICULTURAL FIRE IBC. 3E. 1 WT
TLC FVEH VEHICLE FIRE 2E. or i E and IP
TLC FCOMV COMMERCIAL VEHICLE FIRE 2E. 1BC
TLC FUNK UNKNOWN FIRE 2E
TLC FOTR OTHER FIRE 1E
TLC FTHIRD THIRD ALARM FIRE (ALL) I" & 2nd Alarm PLUS: TISO, STAFF BC, 3E, OTHER UNITS

AS NEEDED
TLC FMA FIRE ASSIST TO OTHER COUNTY AGENCY 1E (MAX 2E WITH APPROVAL) TL.C FCITY FIRE ASSIST TO OTHER CITY AGENCY TE (MORE WITH D.C. APPROVAL) TLC EXPL EXPLOSION ІВС. ЗЕ
TLC BMBT IBC.2 E
FMV F83 ALL FIRES IN FARMERSVILLE CITY LIMITS IE OR 1F
WLF F86 ALL FIRES IN WOODLAKE CITY LIMITS TE OR II
TIA F90 ALL FIRES ON TULE INDIAN RESERVATION IE OR IP
EXETER FEXSTR ILL STRUCTURE FIRES IN EXETER CITY LIMIT BORE WT OR 4E (HYDRANTS)

EXETER FEXDEB DEBRIS OR TRASH FIRE IN EXETER CITY LIMIT

EXETER FEXVEH VEHICLE FIRE IN EXETER CITY LIMITS

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EXETER - FEXOTR ALL OTHER FIRES IN EXETER CITY LIMITS TIE

SERVICE CALLS
RESALRM RESIDENTIAL FIRE ALARM | SE. IWT, OR 4E. BS. BC Monitor COMALRM| COMMERCIAL. FIRE ALARM 3E. IT. OR ITRK, BS. BC Monitor TL.C ANIMAL [ANIMAL. (SNAKE, RODENT, ETC) 1E OR IP

TLC BRKHYD BROKEN FIRE HYDRANT IE OR IP

TLC BURN BURN COMPLAINT IE OR IP

TLC DETEC SMOKE DETECTOR CHECK IE OR IP
TLC FLOOD FLOODING (RESIDENTIAL. COMMERICAL. STREET) | 1E OR IP TLC HELPASST | PUBLIC SERVICE ASSIST (LIFT. LOCKOUT. ETC) IE OR IP.

TLC MISC MISCELLANEOUS CALLS IE

TLC SMKCH SMOKE CHECK
EXETER OEX NON-MEDICAL/FIRE CALLS IN EXETER CITY HE (IBC AND 31. FOR CHEM) LIMITS
FMV 083 NON-MEDICAL FIRE CALLS IN EMV CITY LIMITS TEOR IP WLF 086
TIA 090

HAZARDOUS CONDITIONS

TLC ARCPWR ARCING POWER LINES TE OR IP
] TLC FWORK FIREWORKS TE OR IP

POWER LINES DOWN LE OR IP

HAZARDOUS MATERIALS LEVEL I
JASOLINE LEAK SMELL. OF GASOLINI
TLC SPLAM T MALL. FLAMMABLE/COMBUSTIBLE LIQUID
>50 GAL

HAZARDOUS MATERIALS LEVEL II
TLC CHEM CHEMICAL SPILL TOXIC LEAK =50 GAL LIBC. 2E. SUP-25

HAZARDOUS MATERIALS LEVEL II
TLC HAZMT FIXED FACILITY OR TRANS MAJOR RELEASE: IBC. 3E, SUP-25. ISO, VSA HAZ $5

OVERTURNED TANKER/RAIL CAR DERAIL

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Appendix "B"
Inspection Frequencies for City of Exeter
Authority Frequency
Types
of inspection
Public Review and Comment (PRC) New Construction CBC 105.1 As requested by permi meeting CFC 105.1.1 older & City of Exete
New Construction Plan check CBC 105.1 As requested by permi CFC 105.1.1 applicant
New Construction Inspections CFC 107.2 As requested by permit holder
Statutory inspections:

Schools H&S 13146.3 Annual
Hotels, motels, apartments H&S 17921 Annual
H&S 13146.2
B Occupancies Every 2 years by engine
H&S 17962 companies with Fire
Prevention coordination
M Occupancies Every 2 years by engine
H&S 17962 companies with Fire
Prevention coordination
Residential care facilities As received from Social
H&S 13146 Services Licensing
Hazard Abatement Site Inspection As Requested
Hazard Abatement Site As Requested
Re-inspection
2nd & 3rd Grade School Programs Annual
Notes: California Fire Code (CFC), California Building Code (CBC), Health and Safety Code (H&S)

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Appendix C
CAL OES Emergency Apparatus Rates
The following apparatus rates will apply to responses effective at the time of initial dispatch:

CAL OES EMERGENCY APPARATUS RATES

APPARATUS TYPE HOURLY RATES
TYPE I ENGINE $140.00
TYPE II ENGINE 132.00
TYPE III ENGINE 126.50
TYPE IV - VII ENGINE 120.00
WATER TENDER TACTICAL I 119.50
WATER TENDER TACTICAL II 102.67

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Appendix D
YEAR _ Total County Share 50% City Share 50%
a. Personnel
Salaries & Benefits
Overtime
Fire Officer Pay
Extra Help Salaries
Battalion Chief Coverage -
Uniforms -
Tuition Reimbursement
Training.

SUBTOTAL
b. Dispatch
Active 911
Dispatch Fee per Call
Exeter Rigs IPADS
CAD MDT Upgrade

SUBTOTAL
c. Operating Expeses
EMT Recert
Hydration
Programs
Station Budget
Station Cleaning Supplies ...

Pest Control
In Time Software
ERS
Target Solutions

SUBTOTAL
d. Fire Prevention
Hazard Abatement
Hydrant Inspections
Business Inspections

SUBTOTAL
e. IT Costs
Radio Communications
Telephone
Network Costs

SUBTOTAL
f. Rental Charge
Utilities
Dept. Operating
Miscellaneous

SUBTOTAL
g. Administrative Fee 10%
Total Cost for FY.

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CITY OF EXETER
50/50 COST SHARE CONTRACT
FIVE YEAR TOTAL Total County Share 50% city Share 50%
a. Personnel
Salaries & Benefits 2,160,773.84 1,080,386.92 1,000,386.92 Overtime 218,466.00 109,233.00 109,233.00
Fire Officer Pay 15,600.00 7,800.00 7,800.00
Extra Help Salaries 78,245.64 39,122.82 39,122.82
Battalion Chief Coverage 362,184.47 181,092.23 181,092.23 Uniforms 21,150.00 10,575.00 10,575.00
Tuition Reimbursement 7,350.00 3,675.00 3,675.00
Training 7,000.00 3,500.00 3,500.00
SUBTOTAL 2,370,769.95 1,435,384.97 1,435,384.97
b. Dispatch
Active 911 3,849.12 1,924.56 1,924.56
Dispatch Fee per Call 730,482.70 365,241.35 365,241.35
Exeter Rigs IPADs 3,528.64 1,764.32 1,764.32
CAD MDT Upgrade 16,065.39 8,032.70 8,032.70
SUBTOTAL 753,925.85 376,962.93 376,962.93
Operating Expeses
EMT Recert 480.00 240.00 240.00
Hydration 4,069.81 2,034.91 2,034.91
Programs 152,612.41 76,306.20 76,306.20
Station Budget 26,523.03 13,261.52 13,261.52
Station Cleaning supplies 2,337.76 1,168.88 1,168.88
Pest Control 1,969.33 984.67 984.67
in Time Software 2,164.55 1,082.27 1,082.27
ERS 5,878.67 2,939.33 2,939.33
Target Solutions 460.76 230.38 230.3B
SUBTOTAL 196,496.31 98,248.16 98,248.16
d. Fire Prevention
Hazard Abatement 642.75 321.38 321.38
Hydrant Inspections 29,305.60 14,652.80 14,652.80
Business Inspections 43,680.50 21,340.25
SUBTOTAL 73,628.85 36,314.43 2501025-
e. IT Costs
Radio Communications 76,720.41 38,360.20 38,360.20
Telephone 12,090.08 6,045.04 6,045.04
Network Costs 20,850.86 10,425.43 10,425.43
SUBTOTAL 109,661.35 54,830.67 54,830.67
f. Rental Charge 290,095.64 145,047.82 145,047.82
Utilities 15,626.37 7,813.19 7,813.19
Dept. Operating 8,288.45 4,144.22 4,144.22
Miscellaneous 16,576.89 8,288.45 8,288.45
SUBTOTAL 330,587.36 165,293.68 165,293.68
Administrative Fee 10% 433,506.97 216,753.48 216,753.48 Total Cost Five Years 4,768,576.63 2,384,288.32 2,384,288.32

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CITY OF EXETER
50/50 COST SHARE
YEAR 2022 Total County Share 50% City Share 50%
a. Personnel
Salaries & Benefits 327,240.00 163,620.00 163,620.00
Overtime 30,000.00 15,000.00 15,000.00
Fire Officer Pay 3,120.00 1,560.00 1,560.00
Extra Help Salaries 14,035.13 7,017.57 7,017.57
Battalion chief coverage 64,966.00 32,483.00 32,483.00
Uniforms 2,250.00 1,125.00 1,125.00
Tuition Reimbursement 1,050.00 525.00 525.00
1,000.00 500.00 500.00
443,661.13 221,830.57 21,830.57
b. Dispatch
Active 911 427.68 213.84 213.84
Dispatch Fee per Call 132,198.96 66,099.48 66,099.48
Exeter Rigs IPADS 1,448.64 724.32 724.32
CAD MDT Upgrade 16,065.39 8,032.70 3,032.70
SUBTOTAL 150,140.67 75,070.34 75,070.34
c. Operating Expeses
EMT Recert 60.00 30.00 30.00
Hydration 469.40 234.70 234.70
Programs 27,619.00 13,809.50 13,809.50
station Budget 4,800.00 2,400.00 2,400.00
station Cleaning supplies 423.08 211.54 211.54
Pest Control 356.40 178.20 178.20
In Time Software 432.91 216.45 216.45
ERS 1,175.73 587.87 587.87
Target Solutions 92.15 46.08 46.08
SUBTOTAL 35,428.67 17,714.33 17,714.33
d. Fire Prevention
Hazard Abatement 128.55 64.28 64.28
Hydrant Inspections 5,861.12 2,930.56 2,930.56
Business Inspections 8,736.10 4,368.05
SUBTOTAL 14,725.77 7,362.89 1,36205
e. IT costs
Radio Communications 13,884.46 6,942.23 6,942.23
Telephone 2,188.00 1,094.00 1,094.00
Network Costs 3.773.48 1,886.74 1,886.74
SUBTOTAL 19,845.94 9,922.97 9,922.97
f. Rental Charge 52,500.00 26,250.00 26,250.00
Utilities 2,827.98 1,413.99 1,413.99
Dept. Operating 1,500.00 750.00 750.00
Miscellaneous 3,000.00 1,500.00 1,500.00
SUBTOTAL 59,827.98 29,913.99 29,913.99
g. Administrative Fee 10% 72,363.02 36,181.51 36,181.51 Total Cost for FY 21/22 795,993.17 397,996.59 397,996.59

Page 16 of 20 ends

COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER

CITY OF EXETER
50/50 COST SHARE 2-0 STAFFING
YEAR 2023 Total County Share 50% City Share 50%
a. Personnel
Salaries & Benefits 363,236.40 181,618.20 181,618.20
Overtime 33,300.00 16,650.00 16,650.00
Fire Officer Pay 3,120.00 1,560.00 1,560.00
Extra Help Salaries 15,578.99 7,789.50 7,789.50
Battalion Chief Coverage 72,112.26 36,056.13 36,056.13
Uniforms 2,700.00 1,350.00 1,350.00
Tuition Reimbursement 1,050.00 525.00 525.00
Training 1,000.00 500.00 500.00
SUBTOTAL 492,097.65 246,048.83 246,048.83
b. Dispatch
Active 911 855.36 427.68 427.68
Dispatch Fee per call 138,808.91 66,099.34 66,099.34
Exeter IPADS 520.00 260.00 260.00
SUBTOTAL 140,184.27 66,787.02 66,787.02
c. Operating Expeses
EMT Recert 60.00 30.00 30.00
Hydration 492.87 246.43 246.43
Programs 28,999.95 14,499.98 14,499.98
Station Budget 5,040.00 2,520.00 2,520.00
Station Cleaning Supplies 444.23 222.11 222.11
Pest Control 374.22 187.11 187.11
In Time Software 432.91 216.45 216.45
ERS 1,175.73 537.87 587.87
Target Solutions 92.15 46.08 46.08
SUBTOTAL 37,112.06 18,556.03 18,556.03
d. Fire Prevention
Hazard Abatement 128.55 64.28 64.28
Hydrant Inspections 5,861.12 2,930.56 2,930.56
Business Inspections 8,736.10 4,368.05 4,368.05
SUBTOTAL 14,725.77 7,362.89 7,362.89
e. IT Costs
Radio Communications 14,578.68 7,289.34 7,289.34
Telephone 2,297.40 1,148.70 1,148.70
Network Costs 3,962.15 1,981.08 1,981.08
SUBTOTAL 20,838.24 10,419.12 10,419.12
f. Rental Charge 55,125.00 27,562.50 27,562.50
Utilities 2,969.38 1,484.69 1,484.69
Dept. Operating 1,575.00 787.50 787.50
Miscellaneous 3,150.00 1,575.00 1,575.00
SUBTOTAL 62,819.38 31,409.69 31,409.69
g. Administrative Fee 10% 76,777.74 38,058.36 38,058.36 Total Cost for FY 22/23 844,555.11 418,641.93 418,641.93

Page 17 of 20 ends

COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER

CITY OF EXETER
50/50 COST SHARE 2-0 STAFFING
YEAR 2024 Total County Share 50% City Share 50%
a. Personnel
Salaries & Benefits 370,501.13 185,250.56 185,250.56
Overtime 33,966.00 16,983.00 16,983.00
Fire Officer Pay 3,120.00 1,560.00 1,560.00
Extra Help Salaries 15,890.57 7,945.29 7,945.29
Battalion Chief Coverage 73,554.51 36,777.25 36,777.25
Uniforms 5,400.00 2,700.00 2,700.00
Tuition Reimbursement 1,050.00 525.00 525.00
Training 1,000.00 500.00
SUBTOTAL 504,482.21 252,241.10 252,500.00
b. Dispatch
Active 911 855.36 427.68 427.68
Dispatch Fee per call 145,749.35 66,099.34 66,099.34
Exeter IPADs 520.00 260.00 260.00
SUBTOTAL 147,124.71 66,787.02 66,787.02
Operating Expeses
EMT Recert 120.00 60.00 60.00
Hydration 985.74 492.87 492.87
Programs 30,449.95 15,224.97 15,224.97
station Budget 5,292.00 2,646.00 2,646.00
Station Cleaning Supplies 466.44 233.22 233.22
Pest Control 392.93 196.47 196.47
In Time Software 432.91 216.45 216.45
ERS 1,175.73 587.37 587.87
Target Solutions 92.15 46.08 46.08
SUBTOTAL 39,407.85 19,703.93 19,703.93
d. Fire Prevention
Hazard Abatement 128.55 64.28 64.28
Hydrant Inspections 5,861.12 2,930.56 2,930.56
Business Inspections 8,736.10 4,368.05 4,368.05
SUBTOTAL 14,725.77 7,362.89 7,362.09
e. IT Costs
Radio Communications 15,307.62 7,653.81 7,653.81
Telephone 2,412.27 1,206.14 1,206.14
Network Costs 4,160.26 2,080.13 2,080.13
SUBTOTAL 21,880.15 10,940.07 10,940.07
Rental Charge 57,881.25 28,940.63 28,940.63
Utilities 3,117.85 1,558.92 1,558.92
Dept. Operating 1,653.75 826.88 826.8B
Miscellaneous 3,307.50 1,653.75 1,653.75
SUBTOTAL 65,960.35 32,980.17 32,980.17
g. Administrative Fee 10% 79,358.10 39,001.52 39,001.52 Total Cost for Fy 23/24 872,939.14 429,016.70 429,016.70

Page 18 of 20 ends

COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER

CITY OF EXETER
50/50 COST SHARE 2-0 STAFFING
YEAR 2025 Total County share 50% City Share 50%
a. Personnel
Salaries & Benefits 544,453.62 272,226.81 272,226.81
Overtime 60,000.00 30,000.00 30,000.00
Fire Officer Pay 3,120.00 1,560.00 1,560.00
Extra Help salaries 16,208.39 8,104.19 8,104.19
Battalion Chief Coverage 75,025.60 37,512.80 37,512.80
Uniforms 5,400.00 2,700.00 2,700.00
Tuition Reimbursement 2,100.00 1,050.00 1,050.00
Training 2,000.00 1,000.00 1,000.00
SUBTOTAL 708,307.60 54,153.80 354, 153.80
b. Dispatch
Active 911 855.36 427.68 427.68
Dispatch Fee per Call 153,036.82 66,099.34 66,099.34
Exeter IPADs 520.00 260.00 260.00
SUBTOTAL 154,412.18 66,787.02 66,787.02
Operating Expeses
EMT Recert 120.00 60.00 60.00
Hydration 1,035.03 517.51 517.51
Programs 31,972.44 15,986.22 15,986.22
Station Budget 5,556.60 2,778.30 2,778.30
station Cleaning Supplies 489.76 244.88 244.08
Pest Control 412.58 206.29 206.29
In Time Software 432.91 216.45 216.45
ERS 1,175.73 587.87 587.87
Target Solutions 92.15 46.08 46.08
SUBTOTAL 41,287.21 20,643.60 20,643.60
d. Fire Prevention
Hazard Abatement 128.55 64.28 64.28
Hydrant Inspections 5,861.12 2,930.56 2,930.56
Business Inspections 1,736.10 4,36B.05. 4,368.05
SUBTOTAL 14,725.77 7,362.89 7,362.69
e. IT Costs
Radio Communications 16,073.00 8,036.50 8,036.50
Telephone 2,532.88 1,266.44 1,266.44
Network Costs 4,368.27 2,184.14 2,184.14
SUBTOTAL 22,974.16 11,437.08 11,487.08
Rental Charge 60,775.31 30,387.66 30,387.66
Utilities 3,273.74 1,636.87 1,636.87
Dept. Operating 1,736.44 868.22 868.22
Miscellaneous 3,472.88 1,736.44 1,736.44
SUBTOTAL 69,258.37 34,629.18 34,629.18
Administrative Fee 10% 101,096.53 49,506.36 49,506.36
Total cost for FY 24/25 1,112,061.81 544,569.93 544,569.93

Page 19 of 20 ends

COOPERATIVE FIRE PROTECTION AGREEMENT
Between

COUNTY OF TULARE
And

CITY OF EXETER

CITY OF EXETER
50/50 COST SHARE 2-0 STAFFING
YEAR 2026 Total County share 50% City Share 50%
a. Personnel
Salaries & Benefits 555,342.69 277,671.35 277,671.35
Overtime 61,200.00 30,600.00 30,600.00
Fire Officer Pay 3,120.00 1,560.00 1,560.00
Extra Help Salaries 16,532.55 8,266.28 8,266.28
Battalion Chief coverage 76,526.11 38,263.05 38,263.05
Uniforms 5,400.00 2,700.00 2,700.00
Tuition Reimbursement 2,100.00 1,050.00 1,050.00
Training 2,000.00 1,000.00 1,000.00
SUBTOTAL 722,221.35 361,110.68 361,110.68
b. Dispatch
Active 911 855.36 427.68 427.68
Dispatch Fee per Call 160,688.66 66,099.34 66,099.34
Exeter IPADs 520.00 260.00 260.00
SUBTOTAL 162,064.02 66,737.02 66,787.02
Operating Expeses
EMT Recert 120.00 60.00 60.00
Hydration 1,086.78 543.39 543.39
Programs 33,571.07 16,785.53 16,785.53
Station Budget 5,834.43 2,917.22 2,917.22
station Cleaning Supplies 514.25 257.13 257.13
Pest Control 433.21 216.60 216.60
in Time Software 432.91 216.45 216.45
ERS 1,175.73 587.87 587.87
Target Solutions 92.15 46.08 46.08
SUBTOTAL 43,260.53 21,630.26 21,630.26
d. Fire Prevention
Hazard Abatement 128.55 64.28 64.28
Hydrant Inspections 5,861.12 2,930.56 2,930.56
Business Inspection: 8,736.10 4,368.05 4,368.05
SUBTOTAL 14,725.77 7,362.89 7,362.89
e. IT Costs
Radio Communications 16,876.65 8,438.32 8,438.32
Telephone 2,659.53 1,329.76 1,329.76
Network Costs 4,586.69 2,293.34 2,293.34
SUBTOTAL 24.122.86 12,061.43 12,061.43
Rental Charge 63,814.08 31,907.04 31,907.04
Utilities 3,437.43 1,718.71 1,718.71
Dept. Operating 1,823.26 911.63 911.63
Miscellaneous 3,646.52 1,823.26 1,823.26
SUBTOTAL 72,721.28 36,360.64 36,360.64
g. Administrative Fee 10% 103,911.58 50,531.29 50,531.29 Total cost for FY 25/26 1,143,027.40 555,844.21 355,344.21

Page 20 of 20 ends

Exeter City CouncilJune 28, 2022

Exeter City Council
June 28, 2022