Exeter City Council
August 9, 2022

AVENU FINANCIAL SYSTEM CITY OF EXETER
7/29/2022 14:34:30 Payments for Publication GL335R-V08.17 PAGE Approved on 7/28/2022 for Payments Through 7/28/2022
Vendor Name Description Amount
BASIC® E. CO INC TRAILER CONRETE 260.54
COBRA ADMIN FEE 30.00
BLUE SHIELD OF CALIFORNIA 29,804.04
BUZZ KILL PEST CONTROL JULY PW PEST CONTROI 171.00
177.26
22/23 1ST QTR PRPRTY PRO 248,745.00
EMD NETWORKING SERVICES, INC. MF-NC CITY OF EXETER 202 673.32| 307.19
FOOTHILLS SUN-GAZETTE 677.10
FRONTIER CALIFORNIA INC. 613.39
GALANTE BROS. ENTERPRISES, INC TINK SKIN PATCH REPAIR 9, 356.94 KEY EVIDENCE LOCK & SAFE, 16.28
KRC SAFETY CO INC. 2,145.59
MOONLIGHT MAINTENANCE JULY PD OFFICE CLEANING 2,014.25
PRINCIPAL LIFE INSURANCE CO. 4,503.62
07/8/22 ARROYO DONATION 36.00
SOUTHERN CALIFORNIA EDISON 48.87
AUGUST 2022 LIFE INSURAN 4,836.98
TOLBERT/ GAVIN 1,000.00
TULARE COUNTY AUDITORS OFFICE 4,088.95
ACRYLIC PLAQUE CORREA/HA 137.92
UNDERGROUND SERVICE ALERT OF 22 MBRSHP FEE 594.13
AUGUST LENOVO THINK PAD 8,068.24
Final Totals... 318, 306.61

AVENU FINANCIAL SYSTEM CITY OF EXETER
07/25/2022 14:59:16 Payments for Publication GL050S-V08.17 COVERPAGE GL335R
Report Selection:

Run Group... 072522 Comment... SPECIAL CHK RUN 7/25/22
Approval Date for Report........... 07 25 2022
Payments Through Date.............. 07 25 2022
Cutoff Amount to be Used........... 0000000
RUN GROUP... 072522 COMMENT... SPECIAL CHK RUN 7/25/22

DATA-JE-ID DATA COMMENT
D-07252022-653 SPECIAL CHK RUN 7/25/22
Roba Baucto Copies Form Jobg Banner Printe: Hold Space to Ties C CP SP RT

ASERHPA
PAYROLL. S BI-WEEKLY RUN-07/21/2022 12.33.08 PAGE
CHECK FORM. CHEK CHECK REGISTER PR311R-V14.12 Paymate
PERIOD 2 DATING 7/04/2022-7/17/2022 CHECK DATE 7/22/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHEC EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUN NAME CODE SEQ
1233 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK
1234 182:80 TULARE COUNTY SHERIFE 13
1235 ROMERO/JOSE 1 VENDOR CHECK
428
TOTALS FOR CHECK FORM: CHE

NEGOTIABLE CHECKS
161.61 *EMPLOYEE CHECKS
524.75 *VENDOR CHECKS

0.00 * BANK CHECKS
686.36 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS

0.00 *CANCELLED CHECKS
686.36 **TOTAL FOR CHECK FORM
NON-NEGOTTABLE CHECKS * DIRECT DEPOSIT STUBS
*VENDOR DIR DEP STUBS
PAYROLL. S BI-WEEKLY RUN-07/21/2022 12.33.08 PAGE
CHECK FORM.. STUB CHECK REGISTER PR311R-V14.12 Paymate
PERIOD 2 DATING 7/04/2022-7/17/2022 CHECK DATE 7/22/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
50321 136.50 1 VENDOR STUB ONLY
50322 684.00 EXOTER POLICE OFFICER AS 3 VENDOR STUB ONLY 50323 188.28 EXETER POLICE OFFICER AS 3A VENDOR STUB ONLY 50324 4,668.22 ENNIS/ADAM STUB ONLY
50325 2,865.39 ONEAL/SHONNA N STUB ONLY
50326 2,279.76 ROBELLO/HILARY 709 STUB ONLY
50327 1,339.75 CARTER/AMY JO 502 STUB ONLY
50328 1,546.12 CORREA/BIANCA 630 TUB ONLY
50329 1,319.88 GARVER/ELIJAH 712 STUB ONLY
50330 856.06 LARSON/MERRI 713 STUB ONLY
50331 3,223.76 PARK MOORE/YUN GYUNG 703 STUB ONLY
50332 484.61 SANCHEZ/CESILIA 307 STUB ONLY
50333 1,453.04 SANTOYO/AIDE G 710 STUB ONLY
50334 2,249.96 FRANCO /EEKHONG 304 STUB ONLY
50335 1,610.87 PHILLIPS/ZACHARY 705 STUB ONLY
50336 1,441.63 CARRETERO/VANESSA 402 STUB ONLY
50337 2,913.00 CORREA/GABRIEL JR 436 STUB ONLY
50338 2,577.42 CORREA/GABRIEL JR 436 STUB ONLY
50339 2,118.80 CULLUM/TRENT 444 STUB ONLY
50340 2,820.97 DURKEE/MARK 404 STUB ONLY
50341 2,277.32 ECHEVARRIA/TYLER J 443 STUB ONLY
50342 3,388.00 GIEFER/MICHAEL DAVID 438 STUB ONLY
50343 3,519 91 HALL/ JOHN T 406 STUB ONLY
50344 2,402.54 HAMPTON/JUSTIN 446 STUB ONLY
50345 2,404.41 HAYES/CURTIS 437 STUB ONLY
50346 2,719.47 INGLEHART/BRETT A 411 STUB ONLY
50347 2,310.00 LUJAN/ JOSHUA 715 STUB ONLY
50348 835.14 MACLEAN /JANET L 413 STUB ONLY
50349 2,244.36 MARX/CHRIS 706 STUB ONLY
50350 2,782.23 PHELPS/KEVIN M 429 STUB ONLY
50351 558.76 SHIELDS/ ZION 708 STUB ONLY
50352 1, 909.19 VILLARREAL/ ISIDRO 707 STUB ONLY
50353 2,658.98 YARBER/ISABEL 422 STER ONT
50354 1,346.91 ALDRIDGE/GARY 618 STUB ONLY
50355 1,435.88 ARROYO/MARIE 623 STUB ONTY
50356 1,518.39 BRASSEIELD/TRAVIS 619 STUB ONLY
50357 1,713.59 ESPINOLA/DANIEL M 602 STUB ONLY
50358 54.90 GOLDSTROM/NORMAN 629 STUB ONLY
50359 1,548.05 HUGGINS /KYLE AARON 621 STUB ONLY
50360 QUALLS/DAYMON 607 STUB ONLY
50361 2, 369.75 RAMIREZ/ JUAN
608 STUB ONLY
50362 410.94 WENDT/EDDIE 626 STUP ONLY
50363 1,196.20 MILLAN/MARCUS 622 TUP ONLY
50364 1,473.26 MILLER/JAMES 624 ONLY
50365 961.19 MIRWALD/PHILIP 625 ONLY
50366 1,260.24 QUIROZ/PATRICK P 512 ONLY
50367 2,554.00 PRIDEAUX/TRACI 448 STUB ONLY
PAYROLL. S BI-WEEKL: RUN-07/22/2022 12.38.37 PAGE
CHECK FORM.. CHEK CHECK REGISTE: PR311R-V14.12 Aaymate
PERIOD 2 DATING 7/04/2022- 7/22/2022
PERECE DEPOIS 102D 0F17/2022 CHECK DATE

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
1236 409.87 JOHNS/KEVIN 714
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS COUNTS
409.87 *EMPLOYEE CHECKS

0.00 *VENDOR CHECKS 100m

0.00 * BANK CHECKS
409.87 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS

0.00 *CANCELLED CHECKS
409.87 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS

CITY OF EXETER
PIES IF IF NESTREET. ENTERSE:

Pisone 592-3:10. Ins.592-1.556
Treasure. Report Echrys 3022
Beginning Balance as of February 1, 2022
Deposits 1,453,210.61
91583 6,572.09
#158:
#1585 $,300.23
29,822.08
·1586
#1587 145,999.22
6S.56/.72
Direct Deposit #1588 689,714.04

TOTAL DEPOSITS
925,275.38
Withdrawals City Checks Processed
339,505.92
Payroll EFT 259,075.44
Payroll Checks 5,495.98
CaPERS Retirement costs 42,545.59
P/R Taxes 65,090.40
Cel Comp
ESA Disbursements 1,135.20
2,592.09
Chargeback: 202.76
State Du
1,438.12
ing assk dalance as of fetruary 2a. 2 1,652,395.21
Seposited cash on hand as: 24,842.20
1,727,237.41
2732612
_.. 272.96106
Adjusted Bank Balence of of February 28, 20ZZ 1,454,273.35 Hwesiments
US Savings
Government Agency Bond 549.1037

1.258,457.03
10,065,453.62
Charles Schwab 23,729.96

0.23 Exeter PD Safekeeping 12.532.24
Total City Funds 2/23/2022 11.904.013.25
13,358,286.60
Ratio of invested Funds/Avaflatle Funds 89%
City of Exetes
Treasurer's Report
Investments as of 2/28/2022
Bate Maturity Date Rescriation
Purshese Date Prinçteal value
Sonicates of Dseesis
240% 11/15/2022 CAPITAL ONE ARKEO
Nov-1) S 247,000

0.30% 13/28/2023 SMW BANK NORTH AMERICA Dec-20 s 249,000

0.40% 1/29/2025 MERRICK BANK

1.03% Average Jan-22 s 249,000
_ 715.000
Treasun Obleations
1625% U.S. Treasury Notes
11/30/3026 088-21 $ s00,000.00 - 300000
Mansy Markst Funds
Local Agency investment Fund 10.065,454
o namina US Savings
21 543,390
Bernand
Charles Sewab 0.23
Severment Segurities 3и 10608,841
Total investments
1 13384
Prepared Hy: Die: 7.29:22
Approved By: 7.28.20

CITY OF EXETER
Irsasure Regort March 2022
Beginning Balance as of March 1, 2022 1,652,449.21
Depesiss
#1589 74,842.20
R1590 71.273.53
#1591 165,886.27
41592 113,386.97
91593 41,385.51
Direct Doposit 91594 493,893.23

TOTAL DEPOSITS
960,667.71
Withdcawals City Checks Processed 623,237.45
Payroll EFT 143,421.09
Paytoil Checks u u.
1,755.24
CaPERS Retirement costs 46,092.77
P/A Taxes 25,756.92
Def Comp 1,136.20
ESA Disbursements 3.156.85
Chargebacks 657.65
State DU nu 1,438.12
Chargsback Fees 20.00
Wire Transfor foes 40.00
BOTS Wire Transfer to LAF 1,000,000.00
Exeter WTR RRa 2020 Payment Wire Transfer 76,150.00

TOTAL WITHDRAWALS
Ending Sand Balance of of Meren 31, 2022
indepesited cos as Aard ai595 18,$11.26
Bank of the Sierra unding balance
709,065.91
Cutsandice checes
General 31.237.20
Payra!! 1,171.96

32.109.16
Adjusted Bank Balonse os of March 31, 2022 676,656.75
Investonents
US Savings 543,469.11
Government Agency Bond
CO's/ US. Tressury Notes 1,258,457.03
Local Agoncy investment Fund 11.065,453.52
Fair Market Value Adjustment goin/[loss) 23,729.96
Charles Schwab 0.23
Exeter PD Safekeeping 12,982.24
Tatal City Funds 3/31/2022 12.501.002.19
13,530,749.94
Ratio of invested Funds/Avoilable Funds 95%
City of Exeter
Bate Maturity Date Rescription Purshase Dals PrincizaL Valua Sertificates of Ocessis

2.40% 11/15/2022 CAPITAL ONE ARKED Nov-l7 s 287,000

0.30% 12/18/2023 BMW BANK NORTH AMERICA Dec-20 $ 249,000

0.40% 1/29/2025 MEARICK BANX ian-21 s 249,000

1.03% Averaze
5 745,000
Treasure Obligations

1.625% U.S. Treasury Notes 00-21 $ 500,000.00
22430/2026 So 500,0C0
Meney Market Funds
Local Agency investment Fune 11,065,AS&

0.00998% Demand US Savings
503,069
Charles Sewab 0.23
Government Securities _ 11500.921
Total investments
Gotch - 7.29.22
Prepared By:
729.22
Approved Ry:

R. Moore

CITY OF EXETER

MORSE IS ISTHETITE
Paose 392-3:10 - Pas.502.3856
Treasured's Report April 3022
Beginning Balance as of April 1, 2022
sports 690,254.65
N1595 18,011.26
#1596 111,654.12
·1597 173,441.67
41,003.68
·1599 11.456.79
Direct Deposit 91600 1,49G,858.60

TOTAL DEPOSITS
1,853,206.12
Withdrawals city Checks Processer 604,598.58
ayroll EF 210,257.51
Payroll Checks 2,064.32
CaPERS Retirement costs 43,408.67
P/R Taxes 33,756.28
Def Comp unnusnu
1,136.20
FSA Disbursements 407.12
Champhat
689.64
State OU 2,157,18
Chargeback Fres 60.00
Wire Transfer Fees 20.00
Unpald Saies Tax 2021 355.00
Exeter 5WR ARB 2020 Payment Wire Transfer 43,707.90
Debit Correction

8.00 TOTAL WITHDRAWALS
-jes 941.528.60
Ending Ronk Belarte of of April 30, 2022 1.601,832.17
Linsposited cosh an Aamd 21601 6,628.37
Bunk of the Sierra ending balance 1,608,460.54
Sunstanding Chacks
General 31,9:1.38
Payroll 1,611.09

33.52247
Adjusted Bank Bolonce as of April 30, 2022 1,570,938.07 Inessments
US Savings 49,625.77
Government Agency Bord
CD's/ U.S. Treasury Notes 1,752,457.03
Local Agency investment Fund 11,073,376.50
Fair Market Value Adjustment gain/(less) 23,729.96
Charles Schwab 0.23
Exeter PO Sufekeeping 12,982.24
Total City Funds 4/30/2022 5 130217203
14,437,110.10
Ratio of invested Funds/Available Funds 89%
City of Exeter
Treasurer's Report
Investinents as of 4/30/2022
Rate Maturity Date Desriation Purchess eate PrinsizzlVelue Sentiater of Osposit

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

0.30% 12/18/2023 BMW BANK NORTH AMERICA 249,000
1/29/2025 MEARICK BANK 249.000

2.00% 4/8/2024 ALLY BANK Apr-22 $

2.25% 247,000
4/8/2027 DUNDEE BK OMAHA NE Apr.22 s 247,000

1.47% Averaze
Treasure Cleations
1625% 11/30/2026 U.S. Treasury Notes
Oct-21 $ 500,000.00
Money Markst Funds

0.02210% Derand Local Agency Investment Fund Various 5 11,073,377

0.00498% Demand us saving; Various s 49,626
Demand Charles Sowab
Varicus S 0.23
Government Sesyrities 2 11.223,001
Total Investments
Prepared ay:

Approved By: 8.1.27

City of Exeter
Agenda Item Transmittal
Meeting Date: August 9, 2022
For action by:

Agenda Item Number: E4 X City Council
Wording for Agenda: Adopt Resolution 2022-33 adopting the Complete Streets with ADA Compliance and Active Transportation Regular Session:

Safety Enhancement Plan for the City of Exeter. X Consent Calendar Regular Item
Submitting Department: Public Works Public Hearing
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 Review:

Email: [email protected]
City Administrator
Department Recommendation:

Staff recommends that Council adopt Resolution 2022-33 adopting (Initials Required) the Complete Streets with ADA Compliance and Active
Transportation Safety Enhancement Plan for the City of Exeter.

Summary/Background:

The Americans with Disabilities Act (ADA) is an all-inclusive law that requires municipalities, regardless of size, to review all aspects of its programs, services, and activities for compliance with certain standards. This process is often referred to as a Self-Evaluation and Transition Plan. The Self-Evaluation process requires a clear understanding of the ADA Title I regulations, specifically the program's access test as it applies to existing facilities.

The requirements for a Transition Plan, as outlined in 28 C.F.R. section 35.150, only apply to public agencies with fifty (50) or more employees. The City of Exeter currently has less than fifty (50) employees but does fall under the ADA requirements. Accordingly, the City applied for funding to prepare a Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan for the City of Exeter.

The City of Exeter was selected by Caltrans to receive $196,537 in Sustainable Communities Grant Program funding to prepare a Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan, with a local match of $25,463 to be funded by TCAG through Measure R for a project total of $222,000.

The Plan, which was prepared by QK, Inc., the City's contract City Engineer firm, identifies a number of deficiencies and needed improvements for the City to accomplish as funding permits.

Having an adopted Plan in place will bring the City of Exeter into compliance with current ADA requirements, and also makes the City eligible to apply for certain grant funding opportunities from the State. The Hazard Safety Improvement Program (HSIP) is one of the funding sources the City will qualify for by adopting a Transportation Safety Improvement Program (Included in Plan).

QK, Inc. presented the draft Plan to Council on January 25, 2022 and then completed the final draft on February 28, 2022. Staff is now recommending that Council adopt the Plan by approving Resolution 2022-33 as presented.

Fiscal Impact: The City received $196,537 from the Caltrans Sustainable Communities Grant Program and another $25,463 in Measure R local matching funds to develop the Plan, for a project total of $222,000. With the approval of the Plan, the City will be eligible to receive transportation funding from sources such as Safe Routes to Schools, HSIP, CMAQ, Measure R, and various State Grants for transportation related projects.

Prior Council/Board Actions
June 25, 2019 - Council authorized an agreement with Caltrans for the project.

February 25, 2020 - Council approved the consultant contract with QK, Inc.

January 25, 2022 - The draft plan was presented to Council.

Attachments:

1. Resolution 2022-33

2. City of Exeter Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-33 adopting the Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan for the City of Exeter.

RESOLUTION 2022-33

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER,

CALIFORNIA ADOPTING THE COMPLETE STREETS WITH ADA COMPLIANCE

AND ACTIVE TRANSPORTATION SAFETY ENHANCEMENT PLAN FOR THE

CITY OF EXETER
WHEREAS, the City of Exeter desired to develop an American Disabilities Act Transition Plan to address ADA requirements; and
WHEREAS, the opportunity to develop this Plan with a Complete Streets and Safety Enhancement Plan became available through the Sustainable Communities Grant Program to fund a "Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan"; and
WHEREAS, through a competitive process QK, Inc. was selected to complete said Plan for the City; and
WHEREAS, QK, Inc. presented the draft Plan to Council on January 25, 2022 and then completed the final draft on February 28, 2022,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Exeter, State of California, that the Complete Streets With ADA Compliance And Active Transportation Satety Enhancement Plan is hereby approved and adopted this 9t day of August 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: August 9, 2022
For action by:

Agenda Item Number: E5 _X_ City Council
Regular Session:

Wording for Agenda: Authorize the City Administrator to execute a _X Consent Calendar service order agreement with Vast Networks of Fresno, CA to install Regular Item Dedicated Internet Access, Symmetrical Fiber at three (3) City Public Hearing ecurring monthly cost of $1.650 Review:
(36) months.

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

Staff recommends that the City Council authorize the City Administrator to execute a service order agreement with Vast Networks of Fresno, CA to install Dedicated Internet Access, Symmetrical Fiber at three (3) City facilitates, with a one-time construction cost of $20,603.39, and a recurring monthly cost of $1,650, for a minimum term of thirty-six (36) months.

Background/Summary:

The current point-to-point wireless internet serving City Hall, the Administration building, and the Corporation Yard has been unreliable for the past several years. Various obstructions throughout the City interfering with the point-to-point connections between these facilities and the water tower have resulted in very slow computer/internet speeds. This adversely affects staff's ability to work efficiently and access certain files on the City's server. The slow internet speeds also affect the functionality of the City's VOIP (Voice Over IP) phone system.

While City Hall, the Administration building, and the Corporation Yard are all affected by the slow internet speeds, the Public Works Department which operates out of the Corporation Yard is experiencing the greatest impact. At certain times, the Public Works phones are completely inoperable. For the past several months, the Public Works phone line has been forwarded to an office cell phone to ensure daily business activities could continue. This is not only inefficient, but it also prevents staff from being able to forward calls to certain City extensions and/or voicemail boxes.

EMD Networking Services, Inc., the City's contract IT services provider, has recommended on numerous occasions that the long-term solution to the City's computer/internet/phone issues is a dedicated fiber optic line to each City facility. This would eliminate the inefficient point-to-point internet connections and significantly increase the City's internet speeds. Valley Expetec, who provides contract IT services for the Exeter Police Department, has also evaluated the situation, and has made the same recommendation. Due to the fiscal condition of the City in the past this improvement has been deferred until now. With the City fiscal condition improved staff is recommending that this improvement be completed.

Vast Networks presented staff with a proposal to install Dedicated Internet Access, Symmetrical Fiber at the three aforementioned City facilitates, for a one-time construction cost of $20,603.39, and a recurring monthly cost of $1,650 for seven hundred (700) megabits per second (Mbps) through their secure fiber optic network. This is up from one hundred (100) Mbps currently available through the point-to-point wireless connection.

Vast Networks was specifically recommended by the City of Orange Cove, the City of Fowler, EMD Networking, and Valley Expetec.

Information Regarding Overall Project
The total construction cost for Fiber Construction at the Corporation Yard (350 W Firebaugh Ave.) is $50,303.39. The scope of work is shown in Table 1, Scope of Work:

Table 1, Scope of Work
Quantity Used Unit Item
Engineering
Hours Labor Job Walk
Hours Labor Design, Drawing, Bidding
Each Construction Cost
1,365 Feet Conduit Feet Future Path
1,640 Feet Conduit Feet 11/4 Inch
250 Feet 4 inch Bore Guard
Each Handholes/Vaults 24"×36"x27"
400 Feet 2/10mm Microduc
415 Feet Yule Tape (Traceable

2. Each Marker Warning Sign
Permits
Hours Labor Permitting
Each City
Fiber Installation
8 Hours Labor Fiber Installation Blowing
2,235 Feet Fiber 144 Count
FiberTermination
Hours Labor Fiber Termination
Each Solice Case "C
Each Fiber Distribution Unit
Network
Hours Electronics Install
Hours Electronics Config
1 Each Electronics CPE GE
Each Electronics Optics GE
Each Misc
To calculate the actual construction cost to the City, Vast Networks multiplies the monthly recurring service charge of $1,650 by eighteen (18) months (the first half of the contractual term), which comes to an amount of $29,700. This amount is then applied to the overall construction project cost of $50,303.39, leaving a balance of $20,603.39 due upfront by the City to cover the cost of construction.

Fiscal Impact:

The service order entails a one-time construction charge of $20,603.39 and the overall annual cost increase of $13,800 for the next three years.

The general fund impact for the three-year contract is $5, 151 one-time and $3,450 annually.

The remainder ($15,453 one-time cost and $10,350 monthly) will be spread among the three Enterprise Funds.

The increases are to be absorbed by the savings in operations and revenue increases from the rate increases.

Additionally, the offsetting soft cost savings from increases in productivity and overall morale cannot be overlooked
Prior Council/Board Actions: None
Attachments: Service Order from Vast Networks
Recommended motion to be made by Council/Board: 1 move to authorize the City Administrator to execute a service order agreement with Vast Networks of Fresno, CA to install Dedicated Internet Access, Symmetrical Fiber at three (3) City facilitates, with a one-time construction cost of $20,603.39, and a recurring monthly cost of $1,650, for a minimum term of thirty-six (36) months.

Contract #: 1950
vast Service Order Date: 7/28/2022
Customer ID: 2021111-0950
NETWORK S Salesperson: Adam Hughes
CVIN / Vast Networks Approver Information Customer Billing Information 7447 N. Palm Bluffs #105 Name: Adam Ennis Company: City of Exeter Fresno, Ca 93711 Email: [email protected] Address: 137 N F St/PO Box 237 Office: (559) 554-9100 City/St/Zip: Exeter CA 93221
Fax: (559) 442-6047 Company Fax Number
Phone: 559-592-3710
On-Site/IT Contact Information Accounting Contact Information Company: City of Exeter /EMD Networking Company: City of Exeter Name: Daymon Qualls / Matt Bartel Name: Rainbow Moore
Phone: 559-592-3318 / 559-636-7000 Phone: 559-592-2755
Email: [email protected]/[email protected] Email: [email protected] Non- Monthly
Qty Item # Installation Address Description Recurring Recurring Charge Charge
1 137 N F St, Exeter CA 93221 300Mbps Dedicated Internet Access, Symmetrical DIA300 $ 650.00
fiber
2 DIA200 350 W Firebaugh Ave, Exeter CA 93221 & 200Mbps Dedicated Internet Access, $ 20,603.39 $ 1,000.00 100 N C St, Exeter CA 93221 Symmetrical fiber (1 DIA/site -$500 each) Total Non-Recurring Charge $ 20,603.39
Total Monthly Recurring Charge $1,650.00
Notes: The City of Exeter has agreed to pay a construction deposit for fiber installation in the amount of $20,603.39. This amount is due prior to the start of Vast Networks construction process for 350 W Firebaugh Ave, Exeter CA 93221.

Term in Months: 36 Customer Initials acknowledging Term This service order is entered into by CVIN, LLC. dba Vast Networks ("Vast") and City of Exeter ("Customer"). It is effective upon execution by both Parties ("Effective Date"). The services described herein are governed by CVIN's Master Agreement executed by CVIN's Customer.

The following pricing is good for 30 days from the date above. If term discount pricing is selected early disconnect penalties will apply. This quote does not reflect billable government taxes, surcharges are subject to change by Governmental Authority Customer and the individual below represent that named individual has the authority to bind Customer to this Contract.

CVIN, LLC. dba Vast Networks CUSTOMER: City of Exeter
Signature: Signature:

Print Name: _ Print Name:

Title:_ Title:

Date: Date:

City of Exeter
Agenda Item Transmittal
Meeting Date: August 9, 2022
For action by:

Agenda Item Number: E6 X City Council
Wording for Agenda: Adopt Resolution 2022-34 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:

City of Exeter through September 8, 2022 Pursuant to Brown Act X Consent Calendar Provisions (AB 361) due to continued State Declaration of - Regular Item Emergency. _ Public Hearing
Review:

Submitting Department: Administration
Contact Name: Adam Ennis/Shonna Oneal
City Administrator
Phone Number: (559) 592-4539 or (559) 592-9244 (Initials Required) Email: [email protected] or [email protected] Department Recommendation:

Staff recommends that the City Council consider and adopt Resolution 2022-34 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through September 8, 2022 Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Summary:

On July 12, 2022, the City Council adopted Resolution 2022-26 Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Proclamation of a State of Emergency by AB 361 issued on September 16, 2021, and Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through August 11, 2022, pursuant to Brown Act Provisions. This resolution established the criteria necessary for the City to continue conducting teleconference meetings without compliance with the requirements of Government Code section 54953(b)(s) for a period of thirty (30) days. On March 22, 2022, the Council provided staff with direction to review a hybrid meeting option allowing some members to return in person and some to attend virtually as needed
Pursuant to AB 361, the City Council must re-consider if a state of emergency exists in the City to continue remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953 every thirty (30) days. Currently, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers. In addition, a State of Emergency has been proclaimed by the Governor of the State of California. By allowing some members of the legislative bodies to attend remotely and some in person, the City can continue to limit capacity in the City's small conference chambers.

Background:

During the past twenty-six (26) months, the City Council and its Legislative bodies have been conducting teleconferencing meetings as allowed for pursuant to a series of executive orders, the most recent which expired September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, AB 361, extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place.

Initial reliance on AB 361 requires the following:
1) There must be a proclaimed state of emergency; and
2) One of the following circumstances exist:
a. State or local officials have imposed or recommended measures to promote social distancing; or
b. The legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e) (1).

Both these conditions are presently satisfied. The Governor's State of Emergency Declaration, issued on March 4, 2020, remains in place today. The City's declaration of local emergency issued March 24, 2020, remained in place until March 2022. However, the size of the City's conference chambers could be a potential imminent risk to health and safety measures because State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19 and heavy attendance could limit the ability to maintain social distance.

Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
1) Each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
2) Teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
3) Public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
4) The public must be able to attend the meeting via call-in option or internet-based service option;
5) The public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; 6) If there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency's control that prevents members of the public from offering public comments using the call-in option or internet- based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and 7) Where, as in Exeter, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Government Code Section 54953(e)(2).

In light of AB 361, the continuing State COVID-19 emergency, the continuing recommendations by the State and local officials of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue AB 361. In addition, continuing to follow social distancing guidelines will assist in minimizing the potential for outbreaks in the organization and subsequent scrutiny and actions taken by Cal OSHA based on their current requirements.

Doing so will allow City Council and its legislative bodies meetings to continue to occur by teleconterence, but allow for in-person attendance as well, without compliance with the teleconterencing requirements set out in Government Code Section 54953(b) (3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361.

Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days.

Fiscal Impact: None.

Prior Council/Board Actions: On March 24, 2020 the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the novel coronavirus (COVID-19).

On May 19, July 14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, November 9, December 14, 2021, February 10 and March 8, 2022, Council approved to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for an additional 60 days. On September 28, October 26, November 18, December 14, 2021, January 11, February 10, March 8, April 26, May 24, June 14 and July 12, 2022, the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02, 2022-03, 2022-05, 2022-09, 2022-17, 2022-21 and 2022- 26 authorizing remote teleconferencing meetings pursuant to AB361.

Attachments: 1.) Resolution 2022-34 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through September 8, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-34 as presented.

RESOLUTION 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER RE-AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF EXETER THROUGH SEPTEMBER 8, 2022 PURSUANT TO BROWN ACT PROVISIONS [AB 361] DUE TO

CONTINUED STATE DECLARATION OF EMERGENCY
WHEREAS, the Exeter City Council is committed to preserving and nurturing public access and participation in meetings of all City of Exeter legislative bodies; and, WHEREAS, all meetings of the City of Exeter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City of Exeter's legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and,
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and,
WHEREAS, a prociamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, the Exeter City Council previously adopted Resolution 2021-21 on September 28, 2021, Resolution 2021-24 on October 26, 2021, Resolution 2021-29 on November 18, 2021, Resolution 2021-31 on December 14, 2021, Resolution 2022-02 on January 11, 2022, Resolution 2022-03 on February 10, 2022, Resolution 2022-05 on March 8, 2022, Resolution 2022-09 on April 26, 2022, Resolution 2022-17 on May 24, 2022, Resolution 2022-21 on June 14, 2022 and Resolution 2022-26 on July 12, 2022 finding that the requisite conditions exist for the legislative bodies of the City of Exeter to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and, WHEREAS, as a condition of extending the use of provisions found in section 54953(e), the Exeter City Council must reconsider the circumstances of the state of emergency that exists in the City, and the Exeter City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present potential imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, WHEREAS, the City does hereby accept and acknowledge the proclamation of emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the proclamation of emergency issued by the Governor of the State of California and the limited size of the Council chambers to conduct business, the City does hereby find that the legislative bodies of the City of Exeter shall continue to permit council Resolution 2022-34
AB 361 Emergency Teleconferencing

members, staff, and the public, and their election, to attend meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (e) of section 54953; and,
WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and, WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Exeter as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 2. Ratification of Governor's Proclamation of a State of Emergency. The City hereby accepts and acknowledges the Governor of the State of California's Proclamation of March 2, 2020 and finds the City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, SECTION 3. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through September 8, 2022 Passed, approved, and adopted this gth day of August 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: August 9, 2022
For action by:

Agenda Item Number: F1 X City Council
Regular Session:

Wording for Agenda: Receive the City of Exeter Investment Policy Consent Calendar as submitted by the Finance Director/City Treasurer. X Regular Item Public Hearing
Submitting Department: Finance
Contact Name: Rainbow Moore, Finance Director/Treasurer Review:

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

Staff recommends that Council receive updated City of Exeter Investment Policy
Summary/Background:

In past years, the State of California Government Code Section 53646 required the Treasurer to render to the Council, at a public meeting, an annual investment policy. Although Council's approval is no longer required by statute, consistent with best practice and the City's Financial policy, staff recommends the Investment Policy be reviewed annually by the Council to provide transparency and disclosure. The policy updates are to ensure the compliance for maturities and investment holdings criterion.

Staff reviewed and updated the current Investment Policy to affirm the Finance Director's/City Treasurer's fiduciary responsibility to safeguard public assets. The policy places a high priority on insuring safety of principal first and foremost, and then ensuring that the liquidity needs for payment of City obligations are met, prior to considering yield on investments.

A red-line version of the investment policy is attached. There are no substantive changes to the investment policy proposed. The majority of the revisions are updates and clarifying language and formatting changes to more closely align with the State recommendations. investment performance and overall portfolio management.

Prior Council/Board Actions: On October 28, 2014, the Investment Policy was formally adopted
Attachments: Investment Policy-Redline version
Investment Policy-Clean copy
Recommended motion to be made by Council/Board:

No action needed. Receive the updated Investment Policy

THE CITY OF EXETER, CALIFORNIA

INVESTMENT POLICY
Updated as of August 9, 2022
I. INTRODUCTION
The following investment policy addresses the methods, procedures and practices, which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a maximum market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws.

Adhering to California Government Code Section 53646(a)(2) and the City's Financial Policy, the Investment Policy will be submitted to the City Council for review annually.

This Investment Policy was endorsed and adopted by the City's governing body and is- effective as of the day of _ This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City.

Il. SCOPE
This Investment Policy applies to all City's financial assets and investment activities with the following exceptions
A. Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds have been or will be invested in accordance with permitted investment provisions of their specific bond indentures.

IlI. GENERAL OBJECTIVES
The overriding objectives of the City's investment program are to preserve principal, provide sufficient liquidity, and manage investment risks.

1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. To attain this objective, the City will diversify its investments by investing funds among independent financial institutions offering a variety of securities with independent returns.

2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.

3. Rate of Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.

IV. PRUDENCE, INDEMNIFICATION AND ETHICS
A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in the California Government Code 53600.3:
... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to , the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law."
B. Indemnification: The City Administrator, Treasurer, and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the investment policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

C. Ethics: Officers and employees involved in the investment process will retrain trom personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

V. DELEGATION OF AUTHORITY
V.

A. Authority to manage the City's investment program is derived from California Government Code Sections 53600 et seq. It is recommended that the Treasurer render to the -City Council an investment policy annually._review this policy every three years. The-The_City Administrator is responsible tor the investment of City funds and the administration of this Investment Policy. Management responsibility for the cash management and investing of City funds is hereby designated to the Treasurer.

The Treasurer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.

A.B. _The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be grantee! discretiongranted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.).

VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND

BROKER/DEALERS
The Treasurer will maintain a list of financial institutions and depositories authorized to provide investment services. In addition, a list may be maintained of approved security broker/dealers selected by conducting a process of clue diligence, at the sole discretion of the City. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security dealers selected by creditworthiness and/or other factors such as FINR (Financial Industry Regulatory Agency) broker check.

A. The Treasurer will determine which financial institutions are authorized to provide investment services to the City.

B. Selection of financial institutions and broker/dealers authorized to engage m transactions with the City will be at the sole discretion of the City Administrator.

C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing with the investment advisor) must supply the Treasurer with an audited financial statement for the prior three years, proof of National Association of Security Dealers certification, proof of State of California registration, and a signed statement certifying that the institution has reviewed the California Government Code Section 53600 et seg. and the City's Investment Policy.

D. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maxımum, will be collateralized in accordance with State law.

VIl. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE

TRANSACTIONSSAFEKEEPING AND CUSTODY
A. Delivery-versus-payment: Settlement of all investment transactions will be completed using standard delivery-vs.-payment procedures.

B. Third-Party Safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third partythird-party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City.

VIlI. AUTHORIZED AND SUITABLE INVESTMENTS
All investments will be made in accordance with Sections 53600 et seq. of the Government Code of California and as described within this Investment Poli-cy. The summary (including the additional investment vehicles) of the permitted investment options and the applicable statues is found in the Appendix II-Allowable Investment Instruments per California State Government Code Provided by California Debt and Investment Advisory Commission. The Permitted investments under this policy will include:

1. Municipal Bonds. These include bonds of the City, the state of California, any other state, and any local Agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. The bonds shall be rated at the time of purchase within the 4 highest general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions. There are no limits on the dollar amount or percentage that the City may invest in Municipal Bonds.

2. U.S. Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries.

3. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government- sponsored enterprises.

4. Banker's acceptances provided that:
a. They are issued by institutions with short term debt obligations rated" A1" or higher, or the equivalent, by at least two nationally recognized statistical- rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least one nationally recognized statistical rating organization;
b. The maturity does not exceed 180 days; and,
c. No more than 40% of the total portfolio may be invested in banker's acceptance, no more than 30% in any one bank, and no more than 5% per issuer.

5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
a. The amount per institution is limited to the maximum covered under federal insurance.

6. Time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
a. They are issued by institutions which have long-term debt obligations which are rated "AA" or higher by at least one nationally recognized statistical rating organization; and/or have short term obligations rated "Al" or higher, or the equivalent, by at least one nationally recognized statistical rating organization;

7. Certificate of Deposit Placement Service (CARS)
a. The amount is limited to the maximum covered under federal insurance.

8. Negotiable certificates of deposit (NCDs) provided that:
a. They are issued by institutions which have long-term obligations which are rated "AA" or higher by at least one nationally recognized statistical rating organization; and/or have short term debt obligations rated "Al" or higher, or the equivalent, by at least one nationally recognized statistical rating organization;
b. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer.

9. Repurchase agreements collateralized with securities authorized under Sections VI and VII(2 and 3) of this policy maintained at a level of at least 102% of the market value of the repurchase agreements, provided that:
a. The maximum maturity of repurchase agreements will be 1 year; b. There is no limit to the amount to be invested in repurchase agreements;
c. Securities used as collateral for repurchase agreements will be delivered to the City's custodian bank (See Section VII B); and,
d. The repurchase agreements are the subject of a master repurchase agreement between the City and the provider of the repurchase agreement. The master repurchase
agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association
(SIFMA).

10. State of California Local Agency Investment Fund (LAIF), provided that:
a. The City may invest up to the maximum permitted amount in LAIF; and, b. LAIF's investments in instruments prohibited by or not specified •City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the Finance Director/Treasurer to adequately judge the risk inherent in LAIF's portfolio.

LOCAL AGENCY INVESTMENT GUIDELINES

11.Local government investment pools

12. Corporate medium term notes (MTNs)- Corporate Bonds, provided that:
a. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States;
b. Are rated "AA" category or better by at least one nationally recognized statistical rating organization; and,
c. Holdings of medium-term notes may not exceed 30% of the portfolio and no more than 5% per issuer.

13. Mortgage pass-through securities and asset-backed securities, provided that such securities:
a. be issued by an issuer having an "AA" or higher rating for the issuer's debt as provided by at least one nationally recognized statistical rating organization;
b. be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization. c. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio.

14. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940:
a. The securities underlying investments are allowable investments under this investment policy.
b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio.

IX. PORTFOLIO RISK MANAGEMENT
A. Prohibited investment vehicles and practices

1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.

2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited.

3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited

4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.

5. Purchasing or selling securities on margin is prohibited.

6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.

7. The purchase of foreign currency denominated securities is prohibited.

B. Mitigating credit risk in the portfolio
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt.

The City will mitigate credit risk by adopting the following strategies:

1. The diversification requirements included in Section VIII are designed to mitigate credit risk in the portfolio.

2. No more than 5% of the total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and enterprises.

3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City's risk preferences.

4. If securities owned by the City are downgraded by either Moody's or SaP to a level below the quality required by this Investment Policy t will be the City's policy to review the credit situation and make determination as to whether to sell or retain such securities in the portfolio.
a. If a security is downgraded, the Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.
b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Administrator.

C. Mitigating market risk in the portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer- term portfolios have higher volatility of return. The City will mitigate market risk by roviding adequate liquidity for short-term cash needs, and b naking longer- term investments only with funds that are not neede for current cashflow purposes. The City further recognizes that

LOCAL AGENCY INVESTMENT GUIDELINES
certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:

1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements.

2. Unless matched to a specific future cash flow, the maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and, X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND Evaluation) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs.

B. Specific objective: The investment performance objective for the orttollo will be to earn a total rate of return over a market cycle which i pproximately equal to the return on the Market Benchmark Index a described in the City's investment procedures manual.

XI. PROCEDURES AND INTERNAL CONTROLS
A. Procedures
The Treasurer will establish written investment policy procedures to assist with ay today elegation of the irist any persons asigned to be responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.

B. Internal Controls
The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment policy procedures.

XII. REPORTING, DISCLOSURE AND PROGRAM EVALUATION
A. Periodic reporting
Periodic investment reports will be submitted by the Treasurer_-to the governing board. These reports will dis close, at a minimum, the following information about the risk characteristics of the City's portfolio:

1. A listing of individual securities held at the end of the reporting period by authorized investment category.

2. Average life and final maturity of all investments listed.

3. Coupon, discount, or earnings rate for each investment.

4. Par value, Amortized Book Value, and Market Value.

5. Percentage of the Portfolio represented by each investment category.

6. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution; and,

7. A statement that the City has adequate funds to meet its cash flow requirements for the next three months.

B. Annual reports

1. The investment policy will be reviewed and adopted by resolution at- feast annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, andreturn, and its relevance to current law and financial and economic trends.

2. An annual report will be presented in conjunction with the investment policy review. This report will include comparisons of the City's return to the Benchmark Index return, suggest policies and improvements that might enhance the investment program, and will include an investment plan for the coming year- C. Periodic audit
The Treasurer may establish a process of periodic independent review by an external expert to assure compliance with internal controls.

Appendix I
LOCAL AGENCY INVESTMENT GUIDELINES 17
The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of Exeter:

1. City Administrator

2. Treasurer
APPENDIX !!

ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2022) A APPLICABLE TO ALL LOCAL AGENCIESB
See "Table of Notes for Figure 1" on the next page for footnotes related to this figure.

MAXIMUM MINIMUM GOV'T

INVESTMENT MAXIMUM SPECIFIED QUALITY

TYPE MATURITYC CODE
% OF REQUIREMENTS SECTIONS
PORTFOLIO°
Local Agency Bonds 5 years None None 53601(a)
U.S. Treasury Obligations 5 vears None None 53601(b)
State Obligations- 5 years None 53601(c)
CA And Others None 53601(d)
CA Local Agency Obligations 5 years None None 53601(e)
U.S Agency Obligations 5 vears None None 53601(f)
Bankers' Acceptances 180 days 40%E None 53601(g)
Commercial Paper-Non-Pooled Funds 270 days 25% of the Highest letter and (under $100,000,000 of investments) agency's money® number rating byan 53601(h)(2)(c) or less NRSRO"
Commercial Paper-Non-Pooled Funds 270 days 40% of the Highest letter and (min. $100,000,000 of investments) number rating byan 53601(h)(2)(c) or less agency's money®
NRSRO™
Commercial Paper- 270 days 40% of the Highest letter and Pooled Funds! or less agency's money? number rating byan 53635(a)(1) NRSRO"
Negotiable Certificates of Deposit 5 years 30% None 53601(i) Non-negotiable Certificates of Deposit 5 years None None 53630 et seq.

Placement Service 5 years 50%* None 53601.8 and 53635.8 Deposits
Placement Service 5 years
Certificates of Deposit 50%* None 53601.8 and 53635.8
Repurchase Agreements 1 year None None 53601(i)
Reverse Repurchase Agreements and 92 days 20% of the base None" 53601(i) Securities Lending Agreements value of the portfolio
Medium-Term Notes" 5 years 30% "A" rating category or 53601(k) or less its equivalent or better
Mutual Funds And Money N/A 20% Multiple?® 53601(I) and
Market Mutual Funds 53601.6(b)
Collateralized Bank Deposits? 5 years None None 53630 et seq. and 53601(n)
Mort Bees Thrust and. 5 years. 20% "AA" rating category or 53601(0) or less its equivalent or better
County Pooled
Investment Funds N/A None None 27133
Joint Powers Authority Pool N/A None Multiple: 53601(p) Local Agency Investment Fund (LAIF) N/A None None 16429.1 Voluntary Investment Program Fund™ N/A None None 16340
Supranational Obligations' 30% "AA" rating category or 53601(g) its equivalent or better
Public Bank Obligations 5 years None None 53601(г), 53635(c) and 57603
LOCAL AGENCY INVESTMENT GUIDELINES 19
TABLE OF NOTES FOR FIGURE 1
Sources: Sections 16340, 16429.1, 27133. • Reverse repurchase agreements or securities 53601, 53601.6. 53601.8. 53630 et seq.. 53635. lending agreements may exceed the 92-day • 53635.8. and 57603. term if the agreement includes a written codicil Municipal Utilities Districts have the authority guaranteeing a minimum earning or spread for the entire period between the sale of a security using
under the Public Utilities Code Section 12871 to
invest in certain securities not addressed here. a reverse repurchase agreement or securities lending agreement and the final maturity dates of
Section 53601 provides that the maximum term the same security. of any investment authorized under this section.
unless otherwise stated, is five years. However. " Reverse repurchase agreements must be made with primary dealers of the Federal Reserve Bank
the legislative body may grant express authority to
of New York or with a nationally or state chartered
make investments either specifically or as a part of
bank that has a significant relationship with the
an investment program approved by the legislative
local agency. The local agency must have held
body that exceeds this five yearremaining maturity
limit. Such approval must be issued no less than the securities used for the agreements for at least 30 days.
three months prior to the purchase of any security
exceeding the five-year maturity limit. • "Medium-term notes" are defined in Section 53601 Percentages apply to all portfolio investments as "all corporate and depository institution debt securities with a maximum remaining maturity of
regardless of source offunds. For instance, cash
from a reverse repur-chase agreement would be five years orless, issued by corporations organized E subject to the restrictions. and operating within the United States or by depository institutions licensed bythe United States
No more than 30 percent of the agency's money orany state and operating within the United States." may be in bankers' acceptances of any one
e No more than 10 percent invested in any one
E commercial bank.
mutual fund. This limitation does not apply to
Includes agencies defined as a city, a district. money market mutual funds. or other local agency that do not pool money in
= A mutual fund must receive the highest ranking
deposits or investment with other local agencies.
other than local agencies that have the same by not less than two nationally recognized rating. agencies or the fund must retain an investment
s governing body.
advisor who is registered with the SEC (orexempt.

Local agencies, other than counties or a city and from registration), has assets under management county, may purchase no more than 10 per- in excess of 5500 million, and has at least cent of the outstanding commercial paper and five years' experience investing in instruments " medium-term notes of any single issuer. authorized by Sections 53601 and 53635.

Issuing corporation must be organized and operat- & A money market mutual fund must receive the ing within the U.S.. have assets in excess of $500 highest ranking by not less than two nationally million, and debt other than commercial paper recognized statistical rating organizations or must be in a rating category of "A" or its equivalent retain an investment advisor registered with the or higher by a nationally recognized statistical rat- SEC or exempt from registration and who has ing organization, or the issuing corporation must not less than five years' experience investing in be organized within the U.S. as a special purpose money market instruments with assets under corporation, trust, or LLC. have program wide. management in excess of $500 million. credit enhancements. and have commercial paper
• Investments in notes, bonds, or other obligations
that is rated "A-1" or higher, or the equivalent, by a under Section 53601(n) require that collateral be nationally recognized statistical rating agency.
placed into the custody of a trust company or the
Includes agencies defined as a county, a city trust department of a bank that is not affiliated and county, or other local agency that pools with the issuer of the secured obligation, among money in deposits or investments with other local other specific collateral requirements. agencies. including local agencies that have the
same governing body. Local agencies that pool A joint powers authority pool must retain an exclusively with other local agencies that have the investment advisor who is registered with the same governing body must adhere to the limits set SEC (or exempt from registration), has assets. forth in Section 53601(h)(2)(C). under management in excess of $500 million. and has at least five years' experience investing.

No more than 30 percent of the agency's money in instruments authorized by Section 53601. may be in negotiable certificates of deposit that subdivisions (a) to (o). • are authorized under Section 53601(i).
- Local entities can deposit between $200 million.

Effective January 1, 2020, no more than 50 and $10 billion into the Voluntary Investment percent of the agency's money may be invested in Program Fund, upon approval by their governing. deposits. including certificates of deposit. through bodies. Deposits in the fund will be invested in the a placement service as authorized under 53601.8 Pooled Money Investment Account. (excludes negotiable certificates of deposit
authorized under Section 53601(i)). On January Only those obligations issued or unconditionally

1. 2026. the maximum percentage of the portfolio guaranteed by the International Bank for.

Reconstruction and Development (IBRD).
reverts back to 30 percent. Investments made
pursuant to 53635.8 remain subject to a maximum International Finance Corporation (IFC), and. of 30 percent of the portfolio. Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less.

2. LOCAL AGENCY INVESTMENT GUIDELINES

THE CITY OF EXETER, CALIFORNIA

INVESTMENT POLICY
Updated as of August 9, 2022
I. INTRODUCTION
The following investment policy addresses the methods, procedures and practices, which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a maximum market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws.

Adhering to California Government Code Section 53646(a)(2) and the City's Financial Policy, the Investment Policy will be submitted to the City Council for review annually.

II. SCOPE
This Investment Policy applies to all City's financial assets and investment activities with the following exceptions:

A. Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds have been or will be invested in accordance with permitted investment provisions of their specific bond indentures.

IlI. GENERAL OBJECTIVES
The overriding objectives of the City's investment program are to preserve principal, provide sufficient liquidity, and manage investment risks.

1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. To attain this objective, the City will diversify its investments by investing funds among independent financial institutions offering a variety of securities with independent returns.

2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.

3. Rate of Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.

IV. PRUDENCE, INDEMNIFICATION AND ETHICS
A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in the California Government Code 53600.3:
... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." B. Indemnification: The City Administrator, Treasurer, and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the investment policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

V. DELEGATION OF AUTHORITY
A. Authority to manage the City's investment program is derived from California Government Code Sections 53600 et seq. It is recommended that the Treasurer render to the City Council an investment policy annually. The City Administrator is responsible for the investment of City funds and the administration of this Investment Policy. Management responsibility for the cash management and investing of City funds is hereby designated to the Treasurer.

The Treasurer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.

B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.).

VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND

BROKER/DEALERS
A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security dealers selected by creditworthiness and/or other factors such as FINR (Financial Industry Regulatory Agency) broker check.

A. The Treasurer will determine which financial institutions are authorized to provide investment services to the City.

B. Selection of financial institutions and broker/dealers authorized to engage m transactions with the City will be at the sole discretion of the City Administrator.

C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing with the investment advisor) must supply the Treasurer with an audited financial statement for the prior three years, proof of National Association of Security Dealers certification, proof of State of California registration, and a signed statement certifying that the institution has reviewed the California Government Code Section 53600 et seq. and the City's Investment Policy.

D. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.

VIl. SAFEKEEPING AND CUSTODY
A. Delivery-versus-payment: Settlement of all investment transactions will be completed using standard delivery-vs.-payment procedures.

B. Third-Party Safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third-party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City.

Vill. AUTHORIZED AND SUITABLE INVESTMENTS
All investments will be made in accordance with Sections 53600 et seq. of the Government Code of California and as described within this Investment Policy. The summary (including the additional investment vehicles) of the permitted investment options and the applicable statues is found in the Appendix II-Allowable Investment Instruments per California State Government Code Provided by California Debt and Investment Advisory Commission. The Permitted investments under this policy will include:

1. Municipal Bonds. These include bonds of the City, the state of California, any other state, and any local Agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. The bonds shall be rated at the time of purchase within the 4 highest general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions. There are no limits on the dollar amount or percentage that the City may invest in Municipal Bonds.

2. U.S. Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries.

3. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government- sponsored enterprises.

4. Banker's acceptances provided that:
a. They are issued by institutions with short term debt obligations rated " A1" or higher, or the equivalent, by at least two nationally recognized statistical- rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least one nationally recognized statistical rating organization;
b. The maturity does not exceed 180 days; and,
c. No more than 40% of the total portfolio may be invested in banker's acceptance, no more than 30% in any one bank, and no more than 5% per issuer.

5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
a. The amount per institution is limited to the maximum covered under federal insurance.

6. Time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
a. They are issued by institutions which have long-term debt obligations which are rated "AA" or higher by at least one nationally recognized statistical rating organization; and/or have short term obligations rated "Al" or higher, or the equivalent, by at least one nationally recognized statistical rating organization;

7. Certificate of Deposit Placement Service (CARS)
a. The amount is limited to the maximum covered under federal insurance.

8. Negotiable certificates of deposit (NCDs) provided that:
a. They are issued by institutions which have long-term obligations which are rated "AA" or higher by at least one nationally recognized statistical rating organization; and/or have short term debt obligations rated "Al" or higher, or the equivalent, by at least one nationally recognized statistical rating organization;
b. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer.

9. Repurchase agreements collateralized with securities authorized under Sections VI and VII(2 and 3) of this policy maintained at a level of at least 102% of the market value of the repurchase agreements, provided that:
a. The maximum maturity of repurchase agreements will be 1 year; b. There is no limit to the amount to be invested in repurchase agreements;
c. Securities used as collateral for repurchase agreements will be delivered to the City's custodian bank (See Section VII B); and,
d. The repurchase agreements are the subject of a master repurchase agreement between the City and the provider of the repurchase agreement. The master repurchase
agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association
(SIFMA).

10. State of California Local Agency Investment Fund (LAIF), provided that:
a. The City may invest up to the maximum permitted amount in LAIF; and, b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the Finance Director/Treasurer to adequately judge the risk inherent in LAIF's portfolio.

11. Local government investment pools

12. Corporate medium term notes (MTNs)- Corporate Bonds, provided that:
a. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; b. Are rated "AA" category or better by at least one nationally recognized statistical rating organization; and,
c. Holdings of medium-term notes may not exceed 30% of the portfolio and no more than 5% per issuer.

13. Mortgage pass-through securities and asset-backed securities, provided that such securities:
a. be issued by an issuer having an "AA" or higher rating for the issuer's debt as provided by at least one nationally recognized statistical rating organization;
b. be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization. c. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio.

14. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940:
a. The securities underlying investments are allowable investments under this investment policy.
b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio.

IX. PORTFOLIO RISK MANAGEMENT
A. Prohibited investment vehicles and practices

1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.

2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited

3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited.

4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.

5. Purchasing or selling securities on margin is prohibited.

6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.

7. The purchase of foreign currency denominated securities is prohibited.

B. Mitigating credit risk in the portfolio
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt.

The City will mitigate credit risk by adopting the following strategies:

1. The diversification requirements included in Section VIll are designed to mitigate credit risk in the portfolio.

2. No more than 5% of the total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and enterprises.

3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City's risk preferences.

4. If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
a. If a security is downgraded, the Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.
b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Administrator.

C. Mitigating market risk in the portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer- term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer- term investments only with funds that are not needed for current cashflow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:

1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements.

2. Unless matched to a specific future cash flow, the maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and, X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND Evaluation) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs.

B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual.

XI. PROCEDURES AND INTERNAL CONTROLS
A. Procedures
The Treasurer will establish written investment policy procedures to assist with day-to-day operations of the investment program consistent with this policy. Such delegation of authority to any persons assigned to be responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.

B. Internal Controls
The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment policy procedures.

Xil. REPORTING, DISCLOSURE AND PROGRAM EVALUATION
A. Periodic reporting
Periodic investment reports will be submitted by the Treasurer to the governing board. These reports will dis close, at a minimum, the following information about the risk characteristics of the City's portfolio:

1. A listing of individual securities held at the end of the reporting period by authorized investment category.

2. Average life and final maturity of all investments listed.

3. Coupon, discount, or earnings rate for each investment.

4. Par value, Amortized Book Value, and Market Value.

5. Percentage of the Portfolio represented by each investment category.

6. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution; and,

7. A statement that the City has adequate funds to meet its cash flow requirements for the next three months.

B. Annual reports

1. The investment policy will be reviewed annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends.

2. An annual report will be presented in conjunction with the investment policy review. This report will include comparisons of the City's return to the Benchmark Index return, suggest policies and improvements that might enhance the investment program, and will include an investment plan for the coming year
C. Periodic audit
The Treasurer may establish a process of periodic independent review by an external expert to assure compliance with internal controls.

Appendix I
The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of Exeter:

1. City Administrator

2. Treasurer

APPENDIX II

ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2022) APPLICABLE TO ALL LOCAL AGENCIES
See "Table of Notes for Figure 1" on the next page for footnotes related to this figure.

MAXIMUM

INVESTMENT MAXIMUM MINIMUM GOV'T

SPECIFIED

TYPE QUALITY CODE
MATURITYC % OF

REQUIREMENTS SECTIONS
PORTFOLIO®
Local Agency Bonds 5 years None None 53601(a)
U.S. Treasury Obligations 5 years None None 53601(b)
State Obligations - CA 53601(c)
And Others 5 years None None
53601(d)
CA Local Agency Obligations 5 years None None 53601(e)
U.S Agency Obligations 5 years None None 53601(f)
Bankers' Acceptances 180 days 40%€ None 53601(g)
Commercial Paper-Non-Pooled Funds* 270 days 25% of the Highest letter and (under $100,000,000 of investments) or less agency's money® number rating byan 53601(h)(2)(c) NRSRO"
Commercial Paper-Non-Pooled Funds 270 days 40% of the Highest letter and (min. $100,000,000 of investments) agency's money® number rating byan 53601(h) (2)(c) or less NRSRO"
Commercial Paper- 270 days 40% of the Highest letter and Pooled Funds' number rating byan 53635(a)(1)
or less agency's money" NRSRO"
Negotiable Certificates of Deposit 5 years 30%* None 53601(i) Non-negotiable Certificates of Deposit 5 years None None 53630 et seq.

Placement Service 5 years 50%* None 53601.8 and 53635.8 Placement Service 5 years 50%*
Certificates of Deposit None 53601.8 and 53635.8
Repurchase Agreements 1 year None None 53601(j)
verse Repurchase Agreements ar 92 days! 20% of the base None™ curities Lending Agreemer value of the portfolic 53601(j) Medium-Term Notes" yeal 30% "A" rating category or its 53601(k) or les equivalent or better
Mutual Funds And Money Market N/A Multiple®a 53601(I) and Mutual Funds 20%
53601.6(b)
Collateralized Bank Deposits® 5 years None None 53630 et seq. and 53601(n)
Mortgage Pass-Through and 5 years 20% AA" rating category o Asset-Backed Securities or less ts equivalent or bette 53601(o) vestment Funds N/A None None 27133
Joint Powers Authority Pool N/A None Multiples 53601(p) Local Agency Investment Fund (LAIF) N/A None None 16429.1 Voluntary Investment Program Fund™ N/A None None 16340
Supranational Obligations" Syless 30% AA" rating category o 53601(q) ts equivalent or bette
Public Bank Obligations 5 years None None 53601(r), 53635(c) and 57603
TABLE OF NOTES FOR FIGURE 1
* Sources: Sections 16340, 16429.1, 27133, * Reverse repurchase agreements or securities 53601, 53601.6, 53601.8, 53630 et seq., 53635, lending agreements may exceed the 92-day 53635.8, and 57603. term if the agreement includes a writen codicil • Municipal Utilities Districts have the authority guaranteeing a minimum earning or spread for the entire period between the sale of a security using
under the Public Utilities Code Section 12871 to
a reverse repurchase agreement or securities
invest in certain securities not addressed here.
lending agreement and the final maturity dates of
• Section 53601 provides that the maximum term the same security. of any investment authorized under this section,
M Reverse repurchase agreements must be made
unless otherwise stated, is five years. However, with primary dealers of the Federal Reserve Bank the legislative body may grant express authority to
of New York or with a nationally or state chartered
make investments either specifically or as a part of
bank that has a significant relationship with the
an investment program approved by the legislative local agency. The local agency must have held body that exceeds this five year remaining maturity the securities used for the agreements for at limit Such approval must be issued no less than
three months prior to the purchase of any security least 30 days. exceeding the five-year maturity limit. " "Medium-term notes" are defined in Section 53601 • Percentages apply to all portfolio investments as "all corporate and depository institution debt securities with a maximum remaining maturity of
regardless of source of funds. For instance. cash
five years or less, issued by corporations organized
from a reverse repurchase agreement would be
and operating within the United States or by
subject to the restrictions.
depository institutions licensed by the United States
• No more than 30 percent of the agency's money or any state and operating within the United States." may be in bankers' acceptances of any one • No more than 10 percent invested in any one commercial bank.
mutual fund. This limitation does not apply to
F Includes agencies defined as a city, a district, money market mutual funds. or other local agency that do not pool money in
• A mutual fund must receive the highest ranking
deposits or investment with other local agencies, by not less than two nationally recognized rating other than local agencies that have the same
agencies or the fund must retain an investment
advisor who is registered with the SEC (or exempi
• Local agencies, other than counties or a city and from registration), has assets under management county, may purchase no more than 10 per- in excess of $500 million, and has at least cent of the outstanding commercial paper and five years' experience investing in instruments medium-term notes of any single issuer. authorized by Sections 53601 and 53635. * Issuing corporation must be organized and operat. • A money market mutual fund must receive the ing within the U.S., have assets in excess of $500 highest ranking by not less than two nationally million, and debt other than commercial paper recognized statistical rating organizations or must be in a rating category of "A" or its equivalent retain an investment advisor registered with the or higher by a nationally recognized statistical rat- SEC or exempt from registration and who has ing organization, or the issuing corporation must not less than five years' experience investing in be organized within the U.S. as a special purpose money market instruments with assets under corporation, trust, or LLC, have program wide management in excess of $500 million. credit enhancements, and have commercial paper » Investments in notes, bonds, or other obligations that is rated "A-1" or higher, or the equivalent, by a under Section 53601(n) require that collateral be nationally recognized statistical rating agency. placed into the custody of a trust company or the • Includes agencies defined as a county, a city trust department of a bank that is not affiliated and county, or other local agency that pools with the issuer of the secured obligation, among money in deposits or investments with other local other specific collateral requirements. agencies, including local agencies that have the • A joint powers authority pool must retain an same governing body. Local agencies that pool investment advisor who is registered with the exclusively with other local agencies that have the
SEC (or exempt from registration), has assets
same governing body must adhere to the limits set under management in excess of $500 million, forth in Section 53601(h)(2)(C).
and has at least five years' experience investing
• No more than 30 percent of the agency's money in instruments authorized by Section 53601, may be in negotiable certificates of deposit that subdivisions (a) to (0). are authorized under Section 53601(i).
* Local entities can deposit between $200 million
* Effective January 1, 2020, no more than 50 and $10 billion into the Voluntary investment percent of the agency's money may be invested in Program fund, upon approval by their govering deposits, including certificates of deposit, through bodies. Deposits in the fund will be invested in the a placement service as authorized under 53601.8 Pooled Money Investment Account (excludes negotiable certificates of deposit
authorized under Section 53601(i)). On January • Only those obligations issued or unconditionally 1, 2026, the maximum percentage of the portfolio guaranteed by the International Bank for reverts back to 30 percent. Investments made Reconstruction and Development (IBRD). pursuant to 53635.8 remain subject to a maximum International Finance Corporation (IFC), and inter-American Development Bank (IADB), with a
of 30 percent of the portfolio.
naximum remaining maturity of five years or less
City of Exeter
Agenda Item Transmittal
Meeting Date: August 9, 2022
For action by:

Agenda Item Number: F2 X City Council
Wording for Agenda: Request approval of Subdivision Agreement, Regular Session:
_ Consent Calendar
and authorization to record Yokohl Landing Final Subdivision Map -Regular Item from Tentative Subdivision Map No. 2021-01, located on the west Public Hearing side of North Filbert Road between Sequoia Drive and Atwood Avenue once the final improvement drawings are completed, final Review:
cost estimates are provided, the required securities for the improvements and insurance certificates are provided, the Lighting City Administrator and Landscape District is formed, fees are updated per the final (Initials Required) cost estimates and paid and the Subdivision Agreement is updated per final dates and cost estimates and is executed by the parties.

Submitting Department: Engineering
Contact Name: Spencer Supinger, City Engineer
Phone Number: (209) 723-2066
Email: [email protected]
Department Recommendation:

Staff recommends the City Council approve the Subdivision Agreement, and authorize the recording of Yokohl Landing Final Subdivision Map from Tentative Subdivision Map No. 2021-01, located on the west side of North Filbert Road between Sequoia Drive and Atwood Avenue once the final improvement drawings are completed, final cost estimates are provided, the required securities for the improvements and insurance certificates are provided, the Lighting and Landscape District is formed, fees are updated per the final cost estimates and paid and the Subdivision Agreement is updated per final dates and cost estimates and is executed by the parties.

Summary:

Tentative Subdivision Map 2021-01, previously approved by the Planning Commission on July 15, 2021, consisted of 9.85 acres divided into 36 residential lots. The developer has prepared and submitted Yokohl Landing Final Subdivision Map dividing the 9.85 acres of the Tentative Subdivision Map area into 33 residential lots ranging in size from 8,040 to 14,275 square feet.

The subdivision will include a 0.4-acre pocket park along the west side of the subdivision.

The final subdivision map is dedicating an additional 10 feet of street right of way for the west side of North Filbert Road along with full road right-of-way widths for the interior streets of 60' for Hampton and Windsor Streets and 50' for B street. The 0.4-acre pocket park lot is dedicated to the Lighting and Landscape District along with 3 landscape lots located along the west side of North Filbert Road. The final map provides for a 6' public utilities easement along the frontage of the residential lots and a 6' storm drain easement located 10' north of the south line of the development. The attached Final Subdivision Map shows the subdivision layout.

The developer will be constructing all of the improvements necessary for the subdivision including roads, water lines, sewer lines, storm drain system, street lighting, third party utilities, pocket park, landscaping and irrigation and block walls in accordance with improvement plans which have been completed by the developer and approved by the City Engineer. The road construction will include frontage improvements such as curb, gutter, sidewalk, and parkways.

Approval and recording of the Final Subdivision Map prior to construction of the required improvements is needed so a Subdivision Agreement should be executed prior to recording the Final Subdivision Map. This Subdivision Agreement includes the requirements for the developer to provide securities for the construction of all of the improvements to occur within a twelve (12) month time frame, provision of insurance certificates and payment of fees per the current City Rate and Fee Schedule. In addition, formation of the Lighting and Landscape District which should occur prior to the recording of the Final Subdivision Map.

Background:

Pursuant to Title 16 (Subdivisions) of the Exeter Code of Ordinances, the City's authorization to record the final subdivision map is a ministerial action. Specifically, Section 16.28.140 limits the City Council's action to the specific determination that the final subdivision map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that "if the Council determines that the map is in conformity with the requirements of this chapter, it shall approval the final map." Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final subdivision map pursuant to Section 16.28.140, and require that the City Clerk shall certify on the final map such action, however, staff's recommendation is that the City Council authorize recordation of the final subdivision map and accept all right of way dedication as previously described in this report.

Fiscal Impact: The recording of this final subdivision map will have no fiscal impact. A Lighting and Landscape District will be formed for the maintenance of common landscape areas, lighting improvements and open spaces. In addition, the City will assume maintenance responsibility for all installed roads, water lines, sewer lines and storm drain facilities once Council accepts these improvements and files a Notice of Completion.

Prior Council/Board Actions: Tentative Parcel Map 2021-01 was approved by the Planning Commission on July 15, 2021.

Attachments: Final Subdivision Map
Subdivision Agreement
Recommended motion to be made by Council/Board: 1 move to approve the Subdivision Agreement, and authorize the recording of Yokohl Landing Final Subdivision Map from Tentative Subdivision Map No. 2021-01, located on the west side of North Filbert Road between Sequoia Drive and Atwood Avenue once the final improvement drawings are completed, final cost estimates are provided, the required securities for the improvements and insurance certificates are provided, the Lighting and Landscape District is formed, fees are updated per the final cost estimates and paid and the Subdivision Agreement is updated per final dates and cost estimates and is executed by the parties

YOKOHL LANDING

OWNERS STATEMENT

PREPARED BY PREPARED FOR

FART RUR TIER E
CRYOF SILENGERS AMEND 7-2683*
EXETER

CASIONS HE ACAORACORRE
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VICINITY MAP

DRO HRICA DECADE RESTED A CRIED DECONY TITO

RADISCE
18-20M: _

CONTIT-
IRLS
Land Burne

YOKOHL LANDING
-471
LEGEND
NO: 8017/010*0050359

MOMDUECOONT
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ALDORF MACCACKAL 20250T
41310037
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BOO HOTS AT PACE SO ON RUNS CORD VERONES MIE
AS 20770
Record and return to:

CITY CLERK-CITY OF EXETER
100 North C Street
Exeter, California 93221

SUBDIVISION AGREEMENT
THIS SUBDIVISION AGREEMENT, dated for identification only this 9th day of August, 2022, is made and entered into by and between the CITY OF EXETER, a municipal corporation, hereinafter referred to as "CITY," AND Smee Homes, Inc. hereinafter referred to as "SUBDIVIDER/OWNER." WITNESSETH:

This Agreement is made with reference to the following recitals:

A. SUBDIVIDER/OWNER is developing a tract of land consisting of about 9.85 acres, lying in the City of Exeter, County of Tulare, known as Tentative Subdivision Map 2021-01.

B. A tentative map of said subdivision was approved by the City Planning Commission on the 15th day of July, 2021.

C. A final map of said subdivision has been submitted for approval by SUBDIVIDER/OWNER.

D. A condition of approval of the tentative map requires that prior to approval of the final map, SUBDIVIDER/OWNER executes and files an agreement between itself and the CITY relating to the completion of the public improvements to be made in the subdivision which are normally completed and accepted after the approval of the final map.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND

AGREEMENTS HEREIN CONTAIN, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:

1. IMPROVEMENTS and TIME LIMIT: SUBDIVIDER/OWNER agrees to cause all improvements to be made and constructed in said subdivision to fully comply with the 1 requirements of the Exeter Municipal Code and the Subdivision Map Act of the State of California according to the Site Improvement Plans for Yokohl Landing dated August XX, 2022 and approved by the City Engineer and any changes or alterations in such work required by the City Engineer, and to pay for any materials, provisions, or other supplies used in, upon, for or about the performance of said work; or for any work or labor done thereon of any kind, or for any amounts due under the Unemployment Insurance Act with respect to such work or labor. SUBDIVIDER/OWNER agrees to complete said work within the time specified in the conditions of approval of the map or, if no time is so specified on or before twelve (12) months from the date of the recording of the final map of said subdivision; provided, however, that the City Engineer is hereby authorized to extend the time within which said improvements shall be completed for additional periods not to exceed six (6) months each if he or she is of the opinion that granting the extension will not be detrimental to the public welfare. No such extensions shall be made except upon the basis of a written application made by SUBDIVIDER/OWNER, stating fully the grounds of the application and the facts relied upon them for such an extension. In the event that SUBDIVIDER/OWNER shall fail to complete such work within said time, CITY may complete the same and recover the full cost and expense thereof from SUBDIVIDER/OWNER.

2. SECURITIES: SUBDIVIDER/OWNER shall file with this Agreement improvement securities as set forth in Title 16 - Subdivisions of the Exeter Municipal Code, each to be in an amount based upon the total estimated cost of the improvement as determined by the City Engineer. One improvement security shall secure faithful performance of this Agreement as required by Section 66499.3 (a) of the Government Code of the State of California and shall be in the amount equal to one hundred percent (100%) of the estimated cost of the improvement. SUBDIVIDER/OWNER agrees that upon acceptance of the improvement covered by this security, an amount equal to ten percent (10%) of the estimated cost of the improvement as set forth in Section 16.36.241(B) of the Exeter Municipal Code shall be retained in the security to guarantee and warrant the subdivision improvements to be installed pursuant to this Agreement for a period of one (1) year against any defective work or labor done, or defective materials furnished. A second improvement security shall, as required by Section 66499.3 (b) of the Government Code of the State of California, secure the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment to the contractor, its subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvement, and shall be in an amount equal to fifty percent (50%) of the total estimated cost of the improvement. The issuers) of the securities shall be authorized to transact business in the State of California. The required securities shall be approved by the City Engineer as to sufficiency and by the City Attorney as to form. In lieu of performance bonds the developer may submit cash, a Letter of Credit or an Agreement of Deposit.

With the written authorization of the City, the sureties provided by the Subdivider may be released in whole or in part in the following manner:
a. Faithful performance sureties, not in excess of 90% of the estimated costs of the individual items of public improvements, may be released, or the required surety amounts may be reduced, as work is satisfactorily completed and tentatively accepted by the City.

Faithful performance sureties will be released upon the City's recording of the Notice of Completion, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
c. Thirty-five (35) days after the Notice of Completion for the Subdivision public improvements has been recorded, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials or equipment, may be released if claims have not been filed

4. ACCEPTANCE OF IMPROVEMENTS: Within thirty (30) days after the Subdivider notifies the City Engineer that the required work has been completed, the City Engineer shall inspect such work and, if such work has been performed in the required manner, he shall advise the City Council that the public improvements are ready for acceptance by the City. Until the work has been completed and accepted by the City and all other public authorities having jurisdiction, Subdivider shall be responsible for the care and maintenance of, or any damage to, the work. When the work or any portion of it is sufficiently complete to be utilized or placed into service, the City shall have the right, upon written notification to Subdivider, to utilize or allow the utilization of such portions of the work and to place or cause the placement of the operable portions into service. With this notice and commencement or utilization or operation by the City or any other third party, Subdivider shall be relieved of the duty of maintaining the portions so utilized or placed in operation. However such use and operation shall not relieve Subdivider of the full responsibility for completing the work in its entirety, for making good any defective work or materials, for protecting the work from damage by Subdivider and/or its agents or employees, and for being responsible for damage to any work by Subdivider or its agents or employees. Nor shall such action by the City be deemed completion and acceptance. Further, such action shall not relieve Subdivider or its sureties and insurers of the provisions hereof relating to indemnity and guarantees. 4 5. COMPLIANCE WITH LAWS: Subdivider shall comply with all applicable federal, state and local laws and regulations. Subdivider warrants such legal compliance and agrees to indemnify the City against any damages, costs, and attorneys fees incurred by the City as a result of any such non-compliance.

6. OCCUPATIONAL SAFETY: The Subdivider shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act. An on-site inspection of the work will be requested of O.S.H.A. officials if, in the opinion of the City of Exeter Inspector, the work is being performed in violation of this Safety Act, or when appropriate safety measures are not being utilized in the work.

7. BUILDING PERMITS: Should the Developer, or subsequent lot owners, wish to obtain a building permit on any lot created by this subdivision prior to a Notice of Completion for the subdivision improvements outlined in this Agreement, the issuance of said permits shall be limited as follows:

Building permits for individual lots of the Subdivision will not be issued until the water system, including fire hydrants, and sewer system is installed, tested and approved by the City. No residential structure final inspection will occur, nor will occupancy permits be issued until all subdivision improvements have been accepted by the City with a Notice of Completion.

2. Building permits shall not be issued in any subsequent phase of a multi-phased subdivision until a Notice of Completion has been filed on the previous phase.

UTILITY RELOCATION: The Subdivider shall make arrangements for the replacing, undergrounding, or permanently or temporarily relocating all overhead and underground facilities, including public utilities, phone lines, cable lines, and the like, 5 that interfere with the improvement work. The Subdivider will be responsible for the costs of such requirement and no portion of the costs will be paid by the City.

9. STREET REPAIR: The Subdivider shall repair any damage to public streets or other public property or improvements which results from, or is incidental to the construction of the Subdivision improvements. In lieu of making such repairs, the Subdivider shall pay to the City the full cost of such repairs.

10. EASEMENTS AND FEE INTERESTS: Subdivider shall, at Subdivider's sole cost and expense, furnish the City with appropriate easements and fee title as may be requested by City to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions and covenants other than current real property taxes then a lien but not yet payable. At the request of the City and at Subdivider's cost and expense, Subdivider shall furnish the City with an acceptable title insurance policy insuring City has title as above required with an endorsement insuring City against mechanics' lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to City, shall be not less than the width City determines necessary to maintain the work, and shall be executed and delivered to City concurrent with execution of this agreement. Easements shall be recorded prior to City accepting the work or furnishing services to any portions of the property under development (other than those as may be delivered under a temporary service agreement with Subdivider).

11. PUBLIC LIABILITY INSURANCE: As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, the Subdivider shall furnish to the City of Exeter a certificate of insurance with a separate endorsement evidencing the following insurance coverage's:
6 Commercial general liability insurance with a combined single unit of not less than $2,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and contractors protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Said insurance shall name the City of Exeter, its appointed and elected officials, officers, employees and agents as additional insured's; and be primary with respect to any insurance or self-insurance programs maintained by the City, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees and agents of the Subdivider, and arising out of or in connection with the work which is the subject of this Agreement. Notwithstanding any inconsistent statement in the insurance policy or certificate or any subsequent endorsement attached thereto, the City of Exeter shall be insured or named as an additional insured covering the work which is the subject of this Agreement, whether liability is attributable to the Subdivider or to the passive or active negligence of the City. Said insurance shall be in effect on the date the work is commenced and shall expire no sooner than one year after the date on which the work is completed and accepted by the City of Exeter. The cost of providing this insurance requirement shall be borne by the Subdivider.

In the event of expiration or proposed cancellation of such insurance policies, for any reason whatsoever, the City of Exeter shall be notified by registered mail, return receipt requested, giving it sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before the expiration or cancellation is effective.

12. INDEMNIFICATION: The Subdivider hereby agrees to and shall protect, indemnify, and hold harmless the City of Exeter and all officers, agents, representatives and employees thereof from any and all liability, claims or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the Subdivider, Subdivider's independent contractors, employees, representatives, agents and invitees, and the City of Exeter or its officers, employees and agents while acting within the scope of their duties regarding this Agreement and the work to be performed pursuant to this Agreement, but only to the extent of such liability, claims, or damages are not caused by the active or gross negligent acts of the City or its officers, employees, and agents. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liability. This Agreement shall be binding upon the Subdivider whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

The Subdivider agrees that the use of any and all public streets and improvements which are part of or subject to this Agreement shall be at all times, prior to the final acceptance by the City of Exeter, at the sole and exclusive risk of the Subdivider. The Subdivider further specifically agrees that it/they shall indemnify and hold free of any liability the City of Exeter for any accident, loss or damage to the work which is the subject of this Agreement prior to its completion and acceptance by the City.

13. ENCROACHMENT PERMIT: The Subdivider shall obtain an Encroachment Permit from the City for any work that is to be done within any public right-of-ways or easements which are located beyond said Subdivision.
8 14. CONSTRUCTION SIGNS: The Subdivider shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to the requirements of the manual titled, The Manual of Traffic Controls for Construction and Maintenance Work Zones, latest edition, published by the State of California, Department of Transportation ("Caltrans"). If in the opinion of the City proper signing and warning is not being provided the City will provide the devices and the Subdivider will be responsible for all costs incurred.

15. CASH PAYMENTS: The SUBDIVIDER/OWNER shall make a cash payment to the City for the required Final Subdivision Map Fee ($4,324), Engineering Plan Check and Inspection Fee of 4% of the total estimated cost of the improvements ($73,515.21) and the Storm Drain Fee of $1047 per acre ($10,312.95) as set forth in Section 16.36.260 - Cash Payments of the Exeter Municipal Code and per the approved City of Exeter 2022/23 Rate and Fee Schedule.

16. ATTORNEY'S FEES: In the event of default in the performance of any of the terms and conditions of this Agreement by either party, and should it become necessary for the other party to institute legal action to enforce any such terms and conditions, the prevailing party shall be entitled, in addition to any other sums which a court may adjudge due, to such sum as a court may fix as reasonable attorney fees and costs.

17. SUCCESSORS AND ASSIGNS: The performance of the agreement may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve Subdivider, or Subdivider's sureties or their responsibilities under the agreement unless City finds that assignee can perform this Agreement and provide security comparable to that provided by Subdivider. 9 This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto.

18. FUTURE CHARGES: Nothing in the Agreement shall relieve Subdivider or Subdivider's successors or assigns of any obligation to pay any connection, installation, expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations and policies of the City.

19. EFFECTIVE DATE: Unless a different date is provided in the Agreement, the effective date of this Agreement shall be the latest Date of Execution hereinafter set forth below the names of the signators hereto.

IN WITNESS WHEREOF, the City of Exeter, a municipal corporation, has authorized the execution of this Subdivision Agreement in duplicate by its Mayor and attestation by its City Clerk by motion of the City Council of the City of Exeter on the g' day of August, 2022, and the SUBDIVIDER/OWNER has caused this Subdivision Agreement to be executed.

CITY OF Exeter, a municipal corporation,
By_ By
Mayor Title:

ATTEST: By -
Title:

City Clerk
DATE OF EXECUTION: DATE OF EXECUTION
"CITY" "SUBDIVIDER/OWNER"
APPROVED AS TO FORM:

JULIA LEW , CITY ATTORNEY
By.

City Attorney
10 Date
APPROVED AS TO SUFFICIENCY:

OFFICE OF THE CITY ENGINEER
By.

Date
11 Cost Estimate
Prepared For:

SMEE HOMES
Exeter Subd.
(Proj. No. 21009 / 133 Lots)
Prepared By: A.W. Engineering
724 North Ben Maddox Way
Visalia CA, 93292
Item Quant Unit Unit Price
Cost

DEMOLITION
UTIL. POLE RELOCATION
REMOVAL MISC ea. $10.000.00 $40,000.00
SAWCUT PAVEMENT I.s. $10,000.00 $10,000.00
l.f. $2.50 $1,940.00

EARTHWORK

CLEAR & GRUB
9 ac. $1.000.00 $9,190.00
STREET EXCAVATION 7,078 c.y. $3.25
IMPORT FILL 56,000 $23.003.50
LOT GRADING c.y. $10.00 $560,000.00
100,925 c.y. $3.25 $328,006.25

STREETS
3"AC / 9"AB 52,307
STREET SIGNS sf $1.50 S78,460.50
3 ea. $400.00 $1,200.00
4"AC / 6"AB 3,840
TRENCH/RESURF. sf $1.75 $6,720.00
700 s.f. $12.50 $3,750.00

CONCRETE
CURB & GUTTER 3,445 $12.50
HANDICAP RAMPS $43.062.50
4 ea. $1,000.00 $4,000.00

DRIVE RECESS
33 ea. $20.00 $660.00
SIDEWALK 17,380
s.f. $3.75 $65,175.00

DRAINAGE
12" PIPELINE 101 l.f. $32.00
18" PIPELINE $3.232.00
998 l.f. $45.00 $44,910.00
MANHOLES (48") $2,500.00
ea. $22,500.00

CATCH BASINS
ea. $2,500.00 $17,500.00
SEWER
12" PIPELINE 1,406
MANHOLES (48") I.f. $36.00 $50,616.00
4" HOUSE SERVICE ea. $2,500.00 $17,500.00
TIE INTO MAIN ea. $600.00 $19,800.00
ea. $7,000.00 $14,000.00
WATER

FIRE HYDRANT
TIE-IN TO EXIST. MAIN ea. 53,500.00 $10,500.00
1"SERVICE (NO METER) ea. $2,000.00 $4,000.00
33 ea. $600.00 $19,800.00
GATE VALVE 6
8" PIPE PVC C900 (ON-SITE) ea. $1,500.00 $9,000.00
FITTINGS 1.541 l.f. $25.00 $36,525.00
l.s. $5,000.00 $5,000.00
MISC
UTIL. TRENCH, DUCTS, DEPOSITS 33
BLOCK RETAINING WALL ea. $5,200.00 $171,600.00
STREET LIGHT 2,439 l.f. $80.00 $195,129.60
8 ea. $1,500.00
LANDSCAPE $12,000.00

CONTROLLERS
WATER SERVICE (NO METER) ea. $600.00 $600.00
ea. $1,500.00 $1,500.00
Thursday, March 10, 2022

12 Item
Quant Unit Unit Price Cost
Total S1.837.880.35
Cost / Lots $55.693.34
Notes:

The above Costs are ESTIMATES ONLY and may not represent a complete list of Cost Items. Complete Utilit Company Costs for Deposits and Materials must be obtained from Utility Companies. It is the Developer's responsibility to confirm all Development Costs, including FEES, DEPOSITS and HARD COSTS.

Thursday, March 10, 2022

13 City of Exeter
Agenda Item Transmittal
Meeting Date: August 9, 2022
For action by:

Agenda Item Number: F3 X City Council
Regular Session:

Wording for Agenda: Approve a sole source purchase from _ Consent Calendar equipment manufacturer Miracle Playsystems, Inc. of Oakland, CA, X Regular Item in the amount of $12,249.44 to replace vandalized play structure _ Public Hearing components at City Park.

Review:

Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director (Initials Required) Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:

Staff recommends that Council approve a sole source purchase from equipment manufacturer Miracle Playsystems, Inc. of Oakland, CA, in the amount of $12,249.44 to replace vandalized play structure components at City Park.

Summary/Background:

The Exeter City Park, located on Chestnut between D Street and E Street, is equipped with two (2) Miracle Playsystems play structures, one of which is specifically designed for smaller children. While on-going vandalism at our parks continues to be a costly problem, it seems to have gotten increasingly worse over the past couple of years. Recent vandalism has forced City staff to temporarily close both play structures at City Park, due to unsafe conditions caused by numerous broken components on both structures.

City staff reached out to the manufacturer, Miracle Playsystems, to obtain a quote for the needed replacement parts. A copy of the detailed quote is provided as an attachment to this report. A sole source purchase is required since the replacement parts needed can only be obtained from the manufacturer of the playground equipment.

Fiscal Impact: This purchase will be made from the Parks 104.172.019 expenditure account which has funding to cover this expense.

Prior Council/Board Actions: None
Attachments: Quote provided by Miracle Playsystems, Inc.

Recommended motion to be made by Council/Board: 1 move to approve a sole source purchase from equipment manufacturer Miracle Playsystems, Inc. of Oakland, CA, in the amount of $12,249.44 to replace vandalized play structure components at City Park. 7/28/2022
Job Number:

Job: P21_1001_City Park
Quote Name: Quote--21_1001_CityPark_001
Quote Number: Q-03843

MIRACLE
playsystems
Prepared by:

DESIGNING PLAY
MattDurkin
[email protected]
Terms: Net 30 Sub Total: $9,458.78
Remit to: Miracle Playsystems, Inc. Freight: $1,963.00
1276 S Main St., Salinas, CA 93901 Estimated Tax: $827.66 Total: $12,249.44
Miracle
Product Code Description Oty Rate Total Estimated Tax
(it applicable)
Miracle Parts 704-992-2 - Miracle Lookout Tower; $1,166.00 $1,166.00 $102.03 Colors: Rockite = RED; Post/Clamp
= GRN; Accents = RED
Miracle Parts 704-961-L1 - Miracle Delight-O- 1 $580.00 $580.00 $50.75 Scope Telescope (Lookout Mount);
Colors: Rockite = RED; Post/Clamp
= GRN; Accents = RED; PVC = BLU
Miracle Parts 718-726-5 - Miracle Mogul Slide (5' 1 $2,281.00 $2,281.00 $199.59 Deck); Colors: Bedway/Entry Panel =
TYW; Post/Clamp = GRN; Accents =
RED; PVC = BLU
Miracle Parts 985759S - Miracle Typhoon Slide 1 $4,482.00 $4,482.00 $392.18 Assembly; 9'-4" (630-Degree)
Colors: Bedway = TYW; Barrel =
GRN; Post/Clamp = GRN; Accents =
Miracle Parts 850184TYW/GRN - Miracle 1 $725.00 $725.00 $63.44 Typhoon Canopy; Colors = TYW &
GRN
Miracle Parts 980892GRN - Miracle Parts Carton 1 $8.24 $8.24 $0.71 (2) 4" Rockite Plugs; Color = GRN
P21_1001_City Park
MIRACLE PLAYSYSTEMS, INC. - PO BOX 263, ALAMO, CA 94507 - (800) 879-7730 - (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) - DIR: 1000015853

7/28/2022
Product Code Description Qty Rate Total Estimated Tax
(if applicable)
Miracle Parts 986678GRN - Miracle Parts Carton 1 $129.00 $129.00 $11.29 Typhoon Slide 9'-4"; Color = GRN
(Bar Socket)
Miracle Parts 112596 - Miracle Plastic Solid 2 $30.00 $60.00 $5.25 Steering Wheel
Miracle Parts 103529 - Miracle 1-1/4" Pipe Plug for 2 $1.02 $2.04 $0.18 1-7/16" ID Pipe
Miracle Parts 104941 - Miracle Bolt 3/8-16 X 3/4 1 $3.06 $3.06 $0.27 BHCS; 6 Lobe 18-8 SS
Miracle Parts 117007 - Miracle Washer 7/17 Flat 3 $1.02 $3.06 $0.27 18-8 SS
Miracle Parts 117005 - Miracle Washer 3/8 X 1 2 $1.02 $2.04 $0.18 OD; Flat; 18-8 SS
Miracle Parts 014523 - Miracle Spacer, Threaded; 1 57.14 $7.14 $0.63 1/2" Diameter X 7/8; 18-8 SS
Miracle Parts 104052 - Miracle Bolt 3/8-16 X 5/8 1 S1.02 $1.02 $0.09 BHCS; 6 Lobe 18-8 SS
Miracle Parts 104508 - Miracle Bolt 1/2-13 X 3 1 $8.16 $8.16 $0.71 BHD: 6 Lobe 18-8 SS
Miracle Parts 110061 - Miracle Nut 1/2-13 Hex 1 $1.02 $1.02 S0.09 Nylok; 18-8 SS
Sub Total: $9,458.78
Total Freight: $1,963.00
Total Estimated Tax: $827.66
Grand Total: $12,249.44
Company: -
Signature:

Name:

Date:

P21_1001_City Park
MIRACLE PLAYSYSTEMS, INC. - PO BOX 263, ALAMO, CA 94507 - (800) 879-7730 - (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) - DIR: 1000015853

7/28/2022
Please confirm or edit order information below.

End User Company: Bill To Email:

City of Exeter
End User Contact: Bill To:

End User Email: City of Exeter,
350 W. Firebaugh Ave.,
Delivery Contact: Exeter, CA,
Delivery Email: 93221
Delivery Phone:

Delivery Address: Customer Reference #:

Exeter
CA
Site Address:

INDEMNITY
Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys' fees, reasonable experts' fees, reasonable consultants' fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement ("Claims"). Without limitation, "damages" include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractors); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages.

STANDARD NOTES
Price quotation is good for 30 days. Accurate color selections must be made in writing prior to equipment going into production.

Colors to be confirmed with your local sales representative.

PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 Please email/fax quotation with your signature to accept this quote and place order. Fax 510-893-2163 or email [email protected]
Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal:

Engineered drawings
Installation of equipment or other site amenities
• Specialty trades, equipment, power supply required to install equipment • Any insurance requiring in excess of $1M/S2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services.

P21 _ 1001_City Park
MIRACLE PLAYSYSTEMS, INC. - PO BOX 263, ALAMO, CA 94507 - (800) 879-7730 - (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) - DIR: 1000015853

7/28/2022
Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors.

Warranty does not cover labor for reinstallation.

TERMS & CONDITIONS
• Purchase contract terms & conditions of sale: The client/customer's acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote. • Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customer:
spense. Miracle Playsystems, Inc maintains a no return policy and asks all clients to determine feature, layout and color selecti ior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Crec Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary.

Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID-19 related impacts.

Custom play feature lead times are determined on a case by case basis.

CONSTRUCTION SERVICES (if applicable)
Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion.

GENERAL TERMS
• THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier.

Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment.

Company:

Signature:

MIRACLE
Name: playsystems

DESIGNING PLAY
Date:

P21 _ 1001_City Park
MIRACLE PLAYSYSTEMS, INC. - PO BOX 263, ALAMO, CA 94507 - (800) 879-7730 - (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) - DIR: 1000015853