Exeter City Council
August 23, 2022

EXETER CITY COUNCIL ACTION MINUTES
JULY 26, 2022
A closed session of the City Council, City of Exeter was held on Tuesday, July 26, 2022, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street, and via zoom.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Justin Mills, and Steve Garver COUNCIL ABSENT: Dave Hails
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, John Hall, and Shonna Oneal A. CALL TO ORDER CLOSED SESSION
Mayor Sally called the closed session to order at 6:30 p.m.

B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Mayor Sally requested those who wish to speak on matters listed on the Closed Session Agenda to do so at this time.

There were no public comments presented
C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

Mayor Sally adjourned to closed session at 6:30 p.m.

1. 54956.9(d)(4) Conference with Legal Counsel - Significant Exposure to Litigation: Two cases in which facts are not yet known to potential plaintiff
A regular session of the City Council, City of Exeter was held on Tuesday, July 26, 2022, at 7:08 p.m., in the Exeter City Council Chambers, 137 North F Street, and via zoom.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Justin Mills, and Steve Garver COUNCIL ABSENT: Dave Hails
STAFF PRESENT: Adam Ennis, Julia Lew, Brett Inglehart, Daymon Qualls, Rainbow Moore, Shonna Oneal, Hilary Robello and Eekhong Franco
D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) Mayor Sally called the regular session to order at 7:08 p.m. No actions were reported from closed session.

E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Mills and an invocation was given by Public Works Director Daymon Qualls.

F. PUBLIC COMMENTS:

Dwight Miller addressed the Council to provide information regarding the Exeter Museum & Art Gallery and invited Council Members and staff to the Museum Committees meeting on August 10% to receive input on revamping the Museum.

Vicki Riddle addressed the Council on behalf of Pastor Brandon Zoll from the Church of God to inquire about any challenges the community is facing that they could help address.

G. SPECIAL PRESENTATIONS (if any): None
H. CONSENT CALENDAR:

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

1. Approve regular minutes of June 28, 2022, and July 12, 2022

2. Payment of Bills

3. Payroll: July 8, 2022

4. Treasurer's Report: January 2022

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 2, JULY 26, 2022

5. Request that Council authorize the City Administrator to enter into an agreement for the sale of Exeter Police Canine "King" to Exeter Police Officer Gabriel Correa for the amount of $825.00. City Administrator Adam Ennis pulled this item to advise Council that the initial agreement provided with the Staff Report had been revised. It was moved by Council Member Garver, seconded by Mayor Pro Tem Alves and carried 4-0 (Council Member Hails absent) to approve this item as presented with the revised agreement for the sale of the canine.

6. Adopt Resolution 2022-32 Regarding FY 2020 State Homeland Security Grant Programs Funding For Portable Police Radios involving accepting a State Homeland Security Grant Program award of $40,151.00 to be used towards the purchase of 15 portable radios with accessories, and authorize the subsequent purchase of 15 Motorola APX 6000 Series portable radios and accessories from Motorola Solutions in the amount of $74,500.58, through the cooperative purchasing agreement through the Houston-Galveston Area Council Cooperative Purchasing Program.

I. INDIVIDUAL BUSINESS ITEMS
Public Hearing to receive ballots, written protests, and comments regarding proposed assessments of $41,080.52 on existing Landscape and Lighting Maintenance Assessment District (LLMAD) 91-01A for a drought-tolerant landscape conversion and an annual ongoing assessment, with an up to 10% annual increase of the base amount ($128.01) for four subsequent years, for maintenance of the drought tolerant landscaping and tabulate ballots; and Adopt Resolution 2022-29 To Levy and collect assessment increase as proposed on the 2022/23 Property Tax Roll for District 91-01A if ballot is passed. City Engineer Spencer Supinger provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:24 p.m., receiving no public comment, closed the public hearing at 7:25 p.m. Mayor Sally called for a recess at 7:29 p.m. to allow for ballot tabulation. Mayor Sally reconvened from recess at 7:42 p.m. City Clerk Shonna Oneal reported that a total of 33 ballots approving the increase and 5 rejecting the increase (including 2 returned ballots) were received. City Attorney Julia Lew reported that a majority of votes would allow this item to pass.

Following brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and carried 4-0 (Council Member Hails absent) to adopt Resolution 2022-29 as presented Adopt Resolution 2022-30 (Version A or B), a resolution approving Engineer's Reports and confirming the diagrams and assessments therein for the current City of Exeter Landscape and Lighting Maintenance Assessment Districts 98-01; 97-01; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01; 00-02; and with or without the approval for District 91-01A depending on the result of the ballot proceeding of the prior agenda item. City Engineer Spencer Supinger provided a report for Council's review and consideration. City Administrator Adam Ennis provided a brief report for Council's review and consideration. Following a brief discussion, it was moved by Council Member Garver, seconded by Council Member Mills, and carried 4-0 (Council Member Hails absent) to adopt Resolution 2022-30 (Version B) as presented to accept the 2022/23 Fiscal Year Engineer's Reports for eighteen (18) LLMAD's.

3. Public Hearing to levy and collect assessments of $82,521.63 or $117,711.59 (depending on the outcome of prior proceedings) on nineteen existing Landscape and Lighting Maintenance Assessment Districts (LLMADs) 00-01; 00-02; 01-01; 01-02; 03-01; 03-02; 04-01; 04-02; 04-03; 04-04; 04-05; 05- 01; 05-02; 06-01; 08-01; 91-01A; 91-01B; 97-01; and 98-01; and Adopt Resolution 2022-31 (Version A or B) certifying the process to place this Special Assessment on the Tulare County secured property tax roll and to levy and collect the assessments, including or not including the proposed increase with regard to the assessment for District 91-01A depending on the result of the ballot proceeding conducted during Agenda Item I1. City Engineer Spencer Supinger provided a report for Council's review and consideration. Mayor Pro Tem Alves opened the public hearing at 7:59 p.m., receiving no public comment, closed the public hearing at 8:00 p.m. Following discussion, it was moved by Council Member Mills, seconded by Mayor Sally, and carried 4-0 (Council Member Hails absent) to adopt Resolution 2022-31 (Version B) as presented.

J. CITY COUNCIL ITEMS OF INTEREST
Council Member Garver reported that he attended the TCRTA meeting, there is 33 million dollars in grants for transit with two projects being set for Lindsay and Hanford. Mayor Pro Tem Alves reported that the TCAG meeting was cancelled.

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 3, JULY 26, 2022
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City.

L. ADJOURN REGULAR MEETING
Mayor Pro Tem Alves adjourned the regular meeting at 8:03 p.m.

Hilary Robello, Deputy City Clerk

EXETER CITY COUNCIL ACTION MINUTES
AUGUST 9, 2022
A regular session of the City Council, City of Exeter was held on Tuesday, August 9, 2022, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, Dave Hails, and Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Daymon Qualls, Rainbow Moore, Shonna Oneal, and Hilary Robello
A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:01 p.m.

B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Mayor Pro Tem Alves and an invocation was given by Pastor Brandon C. SPECIAL PRESENTATIONS (if any): None
D. PUBLIC COMMENTS:

Pastor Brandon Zoll addressed the Council on behalf of Church of God and other churches thanking Public Works Director Daymon Qualls for meeting with him and asked Council to continue their work with being the eyes of the community.

E. CONSENT CALENDAR:

It was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and carried unanimously that the items on the Consent Calendar be approved as presented with the exception of item #5.

1. Payment of Bills

2. Payroll: July 22, 2022

3. Treasurer's Report: February 2022, March 2022, and April 2022

4. Adopt Resolution 2022-33 adopting the Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan for the City of Exeter.

5. 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 S20,603.39, and a recurring monthly cost of $1,650, for a minimum term of thirty-six (36) months. Council Member Garver pulled this item for additional information. City Administrator Adam Ennis provided a brief report for Council's review and consideration. Following a brief discussion, it was moved by Council Member Garver, seconded by Mayor Pro Tem Alves and carried unanimously to approve this item as presented
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.

F. INDIVIDUAL BUSINESS ITEMS:

1. Receive the City of Exeter Investment Policy as submitted by the Finance Director/City Treasurer. - Finance Director Rainbow Moore provided a PowerPoint presentation highlighting the City of Exeter Investment Policy for Council's review and consideration. Council posed questions and Ms. Moore, City Administrator Adam Ennis and City Attorney Julia Lew provided a response thereto. Following a brief discussion, no action was requested or taken.

2. Request approval of Subdivision Agreement, and authorization to record 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. - City Administrator Adam Ennis provided a report for Council's review and consideration. Council posed questions Mr. Ennis provided a response thereto.

Following a brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Mills,

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 2, AUGUST 9, 2022
and carried unanimously 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 the 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.

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. - Public Works Director Daymon Qualls provided a report for Council's review and consideration.

Council posed questions; Mr. Ennis provided a response thereto. Following a brief discussion, it was moved by Council Member Mills, seconded by Mayor Pro Tem Alves, and carried unanimously 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.

G. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest.

H. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City.

I. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 7:45 p.m.

Hilary Robello, Deputy City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
8/16/2022 13:42:53 Payments for Publication GL335R-V08.17 PAGE Approved 8/11/2022 for Payments Through 8/11/2022
Vendor Name Description Amount
LAA QUALITY SERVICE PPTTY RNTL SRV 7/31-8/27 105.30
JULY 2022 AFLAC PREM 3,493.28

MERICAN INCORPORATE MAIN WATER LILNE LEAK
650.00
BEN-E-LECT INC. JULY 2022 CLAIMS 1,362.91
BUTLER/ DANIEL H VCAT TUITION 750.00
C.L.E.A AUGUST 2022 LT DISABILIT 81.00
CALIFORNIA BUSINESS MACHINES PRINTER SERVICE AND MAIN 259.31 CENTRAL CAL WATERWORKS, INC AUGUST WWTP 17,084.50
CENTRAL VALLEY SWEEPING LLC JULY 2022 STREE 3,685.00
CITY OF EXETER 6/18-7/18/22 ASSES 2,927.85
COLLINS & SCHOETTLER JULY 2022 PLANNING 4,647.50
CULLIGAN JULY PD WATER SERV 180.05
ELITE CORPORATE MEDICAL SERV MED CLINIC FEE 54 3,017.00 EWING IRRIGATION PRODUCTS INC 120 - 04-SS HUNTER ULTRA 3.775.14 EXETER MERCANTILE CO. CORDLESS CUT-OFF MACH 579.16
EXETER MOTORS, INC. MOTOR CRAFT SA 34.98
FASTENAL COMPANY GRINDER KIT 773.38
FOOTHILLS SUN-GAZETTE PN 822-29 NOTICE OF ACTI 1,720.80 FRESNO OXYGEN STD LRG FOWS CYLS 120.65
FRONTIER CALIFORNIA INC. 5714-8/4-9/3/2022 84.64
GALLS INCORPORATED STREET PRO GEAR HANDGUN 2,529.37
GOLDSTROM / NORM MILEAGE EXPENSE 131.88
GOPHER GETTER GOPHER MNTHLY 660.00
HAYES/ CURTIS TRNG: LOWLIGHT EMPL 155.00
HEATHER DAWN VAILS UB REIMBURSMENT 130.39
JACK GRIGGS INC JULY 2022 FUEL 11,217.84
KEY EVIDENCE LOCK & SAFE, INC. KEY COPIES FOR MARIE 130.07 L.N. CURTIS & SONS HURST E DRAULIC SERVIVE 737.50
LEAF CAPITAL FUNDING ILC PRINTER MACHINE LEASE AG 325.00 LISA JOYCE WILLIAMS PRE EMP- BCKGRND MORENO 880.00
LUIS! NURSERY AMEND 48.48
LYLES UTILITY CONSTRUCTION LLC INDUSTRIAL LIFTSTAT REHA 291,108.00 MARISSA DE HOOG UB REIMBURSMENT 90.64
MICHOACAN ICE CREAM UB REIMBURSMENT 46.06
MID VALLEY DISPOSAL, LLC JULY 2022 MID VALLEY .97
MONICA DURAN/MIGUEL M. E. UB REIMBURSMENT 85.04
MORRIS LEVIN & SON 0250 50 AMP 2POLE BREAKE 26.83
PACE SUPPLY CORP, TYPE K COPPER PIPE 79
PAVEMENT COATINGS CO. RFB 22002 CAOE SEAL/MICR 00
PENA'S DISPOSAL INC PD SHREDDING 83.56
PINNACLE TACTICAL SOLUTIONSLLC TRNG: PATROL/SRO BREACHIL 250.00 QUIROZ/PATRICK JORK BOOT ALLOCATION 250.00
SERVICEMASTER BY BENEVENTO MOLD REMEDIATION 82
SIMMONS TIRE SERVICE 245/55R18 GOODYEAR EAGLE 190.19
SOUTHERN CALIFORNIA EDISON 0041B-6/24-7/25/22 09
SOUTHERN CALIFORNIA GAS CO. 7144-7/1-8/1/22 281.52
T-MOBILE 6/21-7/20/2022 183.31
TELSTAR INSTRUMENTS INC PREFORMANCE FOR EXETER W 00

AVENU FINANCIAL SYSTEM CITY OF EXETER
8/16/2022 13:42:53 Payments for Publication GL335R-V08.17 PAGE Approved 8/11/2022 for Payments Through 8/11/2022
Vendor Name Description Amount

48.77 TULARE CO ASSOC 4,371.56
TULARE COUNTY SHERIFF'S OFFICE 400.00
VALLEY EXPETEC 10,999.20
VALLEY GREEN LANDSCAPE 13,780.00
VALLEY PACIFIC PETROLEUM 670.40
PD-6/29-7/28/22 1,312.40
COLD MIX PRTL PYMNT 1.162.52
VIRELESS INTERNET ACCES 399.00
1,168.19
GRADING AND PAVING, INC. 3,281.50
4CREEKS, INC 20285 VISALIA RD PROJ 1,882.84
** Final Totals... 604,269.18

AVENU FINANCIAL SYSTEM CITY OF EXETER
8/16/2022 13:42:53 Payments for Publication GL335R-V08.17 PAGE TOTAL NUMBER OF RECORDS PRINTED 148
AYROLI RUN - 08/04/2022 10.12.34 PAGE
PR311R-V14.12 Paymate
ERE POST IS 70820 0. 7/18/2022- 7/31/2022 CHECK DATE 8/05/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEC
1237 29:98 CARE CODY SHEREE 23 1 VENDOR CHECK
1238 324.78 1 VENDOR CHECK
1239 140.97 WOODS/AUST
1240
TOTALS FOR CHECK FORM: CHE:

NEGOTIABLE CHECKS COUNTS
558.78 *EMPLOYEE CHECKS
388.47 *VENDOR CHECKS DONN

1. 01 *BANK CHECKS
347.2 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS
0000 * MANUAL CHECKS • •
*CANCELLED CHECKS
947.25 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS • o

0.00 *VENDOR DIR DEP STUBS
AYROLL AECK FORM ,STUB CHECK REGISTE RUN-08/04/2022 10.12.34 PAGE PR311R-V14.12 Raymate
DEREC POST S UR3000 7/18/2022- 7/31/2022 CHECK DATE 8/05/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO
50368 136.50 CLOCEA 1 VENDOR STUB ONLY
50369 741.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 50370 203.97 EXETER POLICE OFFICER AS ЗА VENDOR .STUB ONLY 50371 4,662.97 ENNIS/ ADAM 206 ONLY
50372 2,865.39 NEAL / SONNA N 203
50373 2,274. 51 ROBELLO/HILARY 709
50374 1,319.98 CARTER/AMY JO 502
50375 1,516.10 CORREA/BIANCA 630
50376 1,319.88 GARVER/ELIJAH 712
50377 973.78 LARSON/MERRI 713 !!!!
50378 3,223.76 PARK MOORE/YUN GYUNG 703
50379 346.89 SANCHEZ/CESILIA 307
50380 1,468.76 SANTOYO/AIDE G 710
50381 2,249.96 FRANCO / EEKHONG 304
50382 1,610.87 PHILLIPS/ZACHARY 705
50383 1,436.38 CARRETERO/VANESSA 402 ONL.V
50384 1,470 57 CORREA/GABRIEL JR 436
50385 10,422.17 CORREA/GABRIEL JR 436
50386 2,374.45 CULLUM/TRENT 444
50387 2,823.09 DURKEE/MARK 404
50388 1,977.92 ECHEVARRIA/TYLER J 443
50389 4,976.37 BECELE CEC ECC CEC CE CEC EE CECECEEBED
GIEFER/MICHAEL DAVID 438
50390 3,436.91 HALL/JOHN T 406
50391 1,923.64 HAMPTON/JUSTIN 446
50392 3,684.63 HAMPTON/ JUSTIN 446 MAANAA HA MA M M M M M NA M M N M M NM N N NAM N A HAMMAM MAANAMAAA 50393 1,934.55 HAYES/CURTIS 437
50394 2,653.15 INGLEHART/BRETT A 411 JE
50395 2,422.13 LUJAN/JOSHUA 715 UP
50396 2,034.66 MARX/CHRIS 706 TP
50397 2,981.18 PHELPS/KEVIN M 429
50398 1,370.52 SHIELDS/ZION 708
50399 197.10 SHIELDS/ZION 708
50400 1,493.77 VILLARREAL/ ISIDRO 707
50401 2,587.41 YARBER/ISABEL 422
50402 1,117.73 ALDRIDGE/GARY 618
50403 1,435.88 ARROYO/MARIE 623
50404 1,737.54 BRASSFIELD/TRAVIS 619
50405 1,708.34 602
50406 148.29 629
50407 1,548.05 HUGGINS/KYLE AARON 621
50408 2,985.08 QUALLS/DAYMON 607
50409 1,819.40 RAMIREZ/JUAN 608
50410 298.87 ENDT/EDDII 626
50411 1,272.78 ILLAN/MARCU 622 LEBELELLE Or
50412 1,154.99 MILLER/JAMES 624
50413 744.72 MIRWALD/PHILIP 625
50414 1,254.99 QUIROZ/PATRICK P 512 ONLY
50415 1,779.84 PRIDEAUX/TRACI 448 ONLY

CITY OF EXETER
Phoa: 392-3:10. Fax: 002.8596
Treasurer's Report May 2022
Beginning Balance as of May 1, 2022 1.601.236.62
Reposits
$1601 6,628.37
41602 91,736.14
#1603 153,417.82
179,729.59
·1605 21,329.41
Direct Oeposit #1606 843,943.93
TOTAL DEPOSITS 3,291,785.26
Withdrawals ir Checks Process 728,242.26
yroll EI 149,426.10
Payrol: Checks 502.82
CAPEAS Retirement costs 44,662.10
P/R Taxes 26,149.58
Def Comp 1,70%.30
ESA Disbursements 1,781.14
Chargebacks 212.82
state DU 1,438.12
Chargeback Fees 20.00
Bank Deposit Stips 69.45
TOTAL WITHORAWALS 954.208.68
Ending Sank Solense es of Moy 11, 2022 1,938,313.40
Undeposited resh on hand 41607 6,102.04
Bank of the Siera anding balance 1,944,915.44
Outstanding Checke
General 56,955.63
Payroll 1,696.71

58.653.34
Adjusted Bank Balance as of May 31, 2022 1,396,262.10
Investments
Us Saving: 57,161.76
Government Agency Bond
CD's/ U.S. Treasury Notes 1,752,457.03
Local Agency investment Fund 11.073,376.30
Fair Market Value Adjustment gain/(loss) 23.729.56
Charles Schwab
Exeter PO Safekeeping 12,932.24
Total City funds 5/31/2022 12.919.708.02
14,805,970.12
Ratio of invested Funds/Available Funds 87%
City of Exeter
Treasurer's Report
Investments as of 5/31/2022
Rats Maturity Dats Dessription Purshase Bate Reinsipal Value Seitsars et orgetis
240% 11/15/2022 CAPITAL ONE BRKEG Nov-17 5 247,000

0.30% 12/18/2023 BMW BANK NORTH AMERICA Dec.20 s 249,000

0.40% 1/29/2025 MERRICK BANK lan-21 $ 249,000

2.00% 4/3/2024 ALLY BANK Apr-22 S 247,000

2.25% 4/8/2027 DUNDEE BK OMAHA NE Apr-22 s 247,000
1/47% Average закамиским 1,239,000
11/30/2026 U.S. Treasury Notes _ 300.000
Meney Market Funds

0.02210% Demand Local Agency Investment fund 11.073,377

0.00458% Demand us saving 57,162
Demand Charles Sowab

0.23 Government Securities _ 11130539
Total Investments
молени 12869.539
Lach 89.22
Prepared Sy: _Date: _
Approved Sy: 8.9.22
R. Meare

City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E5 X City Council
Wording for Agenda: Adopt Resolution 2022-35 Re-Authorizing Remote Teleconterence Meetings of all Legislative Bodies of the Regular Session:

City of Exeter through September 22, 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 2022-35 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through September 22, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Summary:

On August 9, 2022, the City Council adopted Resolution 2022-34 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 September 8, 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 (27) 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 teleconferencing 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, July 12 and August 9, 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, 2022-26 and 2022-34 authorizing remote teleconferencing meetings pursuant to AB361.

Attachments: 1.) Resolution 2022-35 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through September 22, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2022-35 as presented.

RESOLUTION 2022-35

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 22, 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 proclamation 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, Resolution 2022-26 on July 12, 2022 and Resolution 2022-34 on August 9, 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 2022-35
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 22, 2022 Passed, approved, and adopted this 23rd day of August 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: Mayor
Deputy City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E6 X City Council
Regular Session:

Wording for Agenda: Authorize the City Administrator to X Consent Calendar execute an agreement with 4Creeks of Visalia, CA, in an Regular Item amount not to exceed $69,500 to update the City's - Public Hearing Improvement Standards.

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 authorize the City Administrator to execute an agreement with 4Creeks of Visalia, CA, in an amount not to exceed $69,500 to update the City's Improvement Standards.

Summary/Background:

The purpose of Improvement Standards is to provide selected minimum standards to be used in the design and drawing of plans for the City's infrastructure and related development projects. These documents are intended to serve as a guide to be used in the preparation of contract drawings and they provide specific procedures to be followed with regard to development and construction.

The City's existing Improvement Standards were adopted on June 22, 1982. With the changes in material types, ADA laws, and construction related requirements over the past forty years, these standards are very outdated and, in many cases, not practical for use.

City staff reached out to four (4) local engineering firms to obtain a cost estimate to review and update the City of Exeter's current Improvement Standards, to bring them up to date with current standards and construction processes. The following provides a summary to the responses received:

QK, Inc. $90,800
4Creeks $69,500
P&P Engineering Not interested in bidding at this time.

Lane Engineers Too busy at this time and unable to provide pricing or timeline. 4Creeks of Visalia submitted the low bid with a proposal and cost estimate that includes two (2) task options. Task Option #1 includes an update of all existing City of Exeter Improvement Standards using CAD files from the City of Visalia and the City of Tulare as a basis for the new design standards. Optional Task Option #2 includes City Engineering Standard Specification Documents to accompany the Improvement Standards. These documents are very useful in providing guidance to City staff and contractors performing field work. The total cost for both task options is less expensive than the proposal submitted by QK, which did not include the Standard Specification Documents. For this reason, staff is recommending that the Council approve 4Creeks' proposal and authorize the City Administrator to execute an agreement with them to update the City's Improvement Standards to include City Engineering Standard Specification Documents.

Fiscal Impact: As part of the California State 2019-20 Budget Act, $250 million was allocated for all regions, cities and counties for planning activities that accelerate housing production.

Within this allocation, the California Department of Housing and Community Development (HCD) established the Regional Early Action Planning Grant Program (REAP) with $125 million set for regions. REAP provides one-time grant funding to regional governments and regional entities for planning activities that will accelerate housing projection and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (RHNA). The City of Exeter originally applied for REAP Program funding to update its Sewer Master Plan, but was later awarded funding from the Department of Housing to be used for that project. Accordingly, REAP funds were approved and reallocated to update the City's Improvement Standards.

The City will realize an overall cost savings of $69,500 since the REAP funding will cover the expenditure. The expenditures will be accounted with 104.404.022.000 while the offsetting revenues will be recorded with 104.306.017.000.

Prior Council/Board Actions: Existing City Improvement Standards were adopted by Council on June 22, 1982.

Attachments: 4Creeks' proposal
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute an agreement with 4Creeks of Visalia, CA, in an amount not to exceed $69,500 to update the City's Improvement Standards.

March 29, 2022
Daymon Qualls
Director of Public Works 4CREEKS
PO Box 237
Exeter, Ca 93221
559-592-3318
Subject: City of Exeter Standard Plans and Specifications - Engineering Design Proposal 4Creeks Job No. 22164
Dear Mr. Qualls,
We have prepared a scope and fee for the services requested by the City of Exeter to revise the City's current engineering design standard plans and specifications. Our understanding is that the scope of work will generally include the following:
• Update the City of Exeter Engineering Standard Plans
• Prepare the City of Exeter Engineering Standard Specification Document - Optional Task This proposal assumes that the City of Exeter will obtain all CAD files and Word documents from the City of Visalia and the City of Tulare to be used as a basis of design for this project. Starting with these standards will save the City a significant amount of engineering design cost. We anticipate that this work will probably take 6-9 months to complete depending on City of Exeter review and turnaround timelines. This timeline is based on our experience performing similar tasks with other agencies and agency review timelines.

Task 1: Update Engineering Standard Plan Documents
4Creeks will Review the current City standards and will provide recommendations on changes and additions to the City of Exeter's standard plans. Our understanding is that the City of Exeter staff will do a brief review of the City of Visalia and City of Tulare Standard Plans prior to 4Creeks starting our work and that the City of Exeter will provide guidance on which ones they prefer that we use as the basis of design for the City's Standard Plans.

Update the standard plans to be specific to the City's needs and current code requirements : In general we anticipate providing the following number of details under this task:
• Cover Sheet
Table of Contents hyperlinked to individual detail sheets 12 Concrete Structures Details (Curb and Gutter, Curb Ramps, Drive Approaches, etc.) 12 Drainage Structures Details
4 Excavation Details
1 Monuments Detail
10 Pavement Details
5 Parking Standard Details
2 Refuse Container Enclosure Details
8 Sanitary Sewer Structures Details
5 Traffic Signs Details
2 Utility Locations Details
15 Water Services and Mains Details
• 4Creeks understanding is that there will be 2 submittals to the City for review and comment to complete this process
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• We anticipate holding 4 meetings with City of Exeter staff under this task. At the initial meeting we plan on thoroughly discussing the City's needs and preferences to help guide the entire standard plan update process.
• 4Creeks will provide the City with CAD and PDF files of the finished standard plan documents • Irrigation and Landscaping standard details are excluded from this task The above-described Task 1 engineering services will be provided on a Fixed Fee Basis for a Fee of $55,400.

Optional Task 2: Engineering Standard Specification Document City Engineering Standard Specifications typically work in conjunction with the City Standard plans to provide guidance to City staff and contractors performing work in the field. These things are crucial to set clear construction and quality standards in particular for private development projects being completed in the City. As part of this Option Task, we are proposing to assist the City with their City Engineering Standard Specifications.

Our understanding is that the City of Exeter staff will do a brief review of the City of Visalia and City of Tulare Standard Specifications prior to 4Creeks starting our work and that the City will provide guidance on which forma they prefer to use for the City of Exeter Standards Specifications. 4Creeks will then modify the selectec specifications to meet the City's needs.
• Provide finished Engineering Standard Specification document in Word and PDF format. Table of Contents will be included for major section headings.
• 4Creeks understanding is that there will be 2 submittals to the City for review and comment to complete this process
• We anticipate holding 2 meetings with City of Exeter staff under this task The above Optional Task 2 services will be provided on a Fixed Fee Basis for a Fee of $14,100.

TOTAL Task 1 and Optional Task 2 = $69,500
Exclusions
• Any work not specifically listed in this scope of services.

We are excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Exeter. If you have any questions or need any additional information, please feel free to give us a call to discuss.

Sincerely,
Chila
Chris Crawford, PE 71192 Matthew D. Ainley, PE 66233
Sr. Civil Engineer Principal-in-Charge
encl: 4Creeks Fee Schedule
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
City of Exeter Approval:

Signature Date
Print Name and Title
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Effective December 1, 2021
4Creeks, Inc. Fee Schedule - Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are: 4CREEKS Classification Charges Per Hour Classification Charges Per Hour Civil Engineering Services Architectural Services
Associate Engineer $100 Architectural Designer $100
Engineer $120 Architect $130
Senior Engineer $140
Principal Engineer $170
Planning Services Construction Inspection
(Non-Prevailing Wage)
Associate Planner $100 Associate Construction Inspector $110 Planner $120 Construction Inspector $130
Senior Planner $140 Senior Construction Inspector $150
Principal Planner $160
Structural Engineering Services Construction Management Associate Structural Engineer $125 Associate Construction Manager $120 Structural Engineer $135 Construction Manager $140
Senior Structural Engineer $145 Senior Construction Manager $160 GIS Services Technical Services
Associate GIS Technician $90 Project Technician I $60
GIS Technician $100 Project Technician II $75
Senior GIS Technician $120 Project Technician III $90
Project Technician IV $100
Utility Design Services
Associate Designer $110 Public Outreach Coordination
Designer $120 Associate Outreach Coordinator $100
Senior Designer $130 Outreach Coordinator $120
Land Surveying Services
Assistant Surveyor $100 Water Consulting Services
Land Surveyor $120 Associate Water Consultant $100
Senior Surveyor $140 Water Consultant $120
Principal Land Surveyor $170 Senior Water Consultant $140 1-Man Survey Crew* $115
2-Man Survey Crew * $185 Executive Staff
3-Man Survey Crew* $250 Associate Executive $120
Drone Pilot $155 Executive $130
Senior Executive $140
Software Engineering Services Expert Witness
Associate Software Engineer $75 Expert Witness $205
Software Engineer $110
Senior Software Engineer $130
Direct Charges
At cost plus fifteen percent (15%):

Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $o.80 per sq. ft. large printing : Equipment rentals, subcontractors, laboratory analyses Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule - Varies by County 10f1
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E7 X City Council
Regular Session:

Wording for Agenda: Authorize the piggyback of a X Consent Calendar Sourcewell cooperative purchasing agreement and authorize -Regular Item the City Administrator to execute a purchase agreement with Public Hearing Haaker Equipment Company of La Verne, CA for a Vactor Review:
2112-P-18 Sewer Cleaner (Vactor Truck) in the amount of $519,983.78. 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 Council authorize the piggyback of a Sourcewell cooperative purchasing agreement and authorize the City Administrator execute into a purchase agreement with Haaker Equipment Company of La Verne, CA for a Vactor 2112-P-18 Sewer Cleaner (Vactor Truck) in the amount of $519,983.78 Summary/Background:

The Council has expressed interest in using a significant portion of American Rescue Plan Act (ARPA) funding to provide for water and sewer infrastructure needs in the City.

Staff has been monitoring the many infrastructures needs and potential funding sources to determine how to best cover some of the most urgent needs of the City. One urgent need that has been included in the City of Exeter's proposed American Rescue Plan Act (ARPA) expenditure plan discussions is replacement of the vactor truck for the Public Works Department.

A vactor truck is essentially a truck equipped with a pump and a tank. The pump is designed to pneumatically suck liquids, sludges, slurries, or similar materials from a location (often underground) into the tank of the truck and is typically used for cleaning and unplugging of underground sewer lines and manholes. Vacuum trucks transport the collected material to a treatment or disposal site, for example the City's wastewater treatment plant for sewage. The truck is also equipped with a high-pressure hose on the front of the vehicle that is used to clear obstructions and clean sewer lines. Public works staff relies heavily upon a vactor truck to perform required maintenance on approximately twenty miles of sewer line within the City to prevent and resolve plugging of the lines and sewer overflows.

The City's current vactor truck, which was purchased in 2003, does not meet current Air Board standards and must be put out of service no later than the end of 2022, per the State's directive. For this reason, a new truck must be purchased as soon as possible.

Haaker Equipment Company is a member of Sourcewell, a public corporation serving as a municipal contract agency for government agencies. Sourcewell holds hundreds of competitively solicited cooperative contracts, one of which is the sewer vacuum truck contract that was awarded to Haaker Equipment Company.

Fiscal Impact: This piece of equipment is proposed to be purchased using American Rescue Plan Act (ARPA) funds since no other funding is currently available for this purchase.

Prior Council/Board Actions: There have been several conversations with Council regarding the proposed ARPA expenditure plan.

Attachments: Proposal from Haaker Equipment Company
Recommended motion to be made by Council/Board: I move to authorize the piggyback of a Sourcewell cooperative purchasing agreement and authorize the City Administrator to execute a purchase agreement with Haaker Equipment Company of La Verne, CA for a Vactor 2112-P-18 Sewer Cleaner (Vactor Truck) in the amount of $519,983.78.

HAAKER

EQUIPMENT COMPANY
2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ FAX (909) 598-1427 - Haaker.com
Sourcewell.

Awarded Contract

PROPOSAL
July 15, 2022
TO: CITY OF EXETER ATTN: Mr. Dan Espinola
350 W. Firebaugh Ave. 559-592-1519
Exeter, CA 93221 Email: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement - Contract #1 01221-VTR.

ONE (1) NEW VACTOR 2112-P-18 SEWER CLEANER
12-Cubic Yard Capacity with 18" Vacuum, 1500 Gallons of Fresh Water, Mounted on a 2022 Peterbilt 348 SBA 6x4 Chassis with 370hp.

Equipped with all Standard and Optional Equipment listed:

Standard Equipment Included
• 48" x 22" x 24" Curb Side Aluminum Toolbox
• Aluminum Fenders
Mud Flaps
• Electric/Hydraulic Four Way Boom
• Color Coded Sealed Electrical System Dual Hyd. Pumps
• Remote Pendant Control w/35' Cord • 1" Water Relief Valve for Vactor Water Pump • Intuitouch Electronic Package • Stainless Steel Microstrainer • Double Acting Dump Hoist Cylinder • Blower Air Shift Control:
• Handgun Assembly w/35' x 1/2" Hose w/Quick • Hydraulic Cooling Package Disconnects • Midship Handgun Coupling
• 3" Y-Strainer at Water Pump Inlet •Side Mounted Water Pump • Ex-Ten Steel Cylindrical Debris Tank •Hose Wind Guide (Dual Roller) • Flexible Hose Guide • Hose Reel Manual Hyd. Extend/Retract • 30 Deg. Sand Nozzle w/Carbide Inserts • Hose Reel Chain Cover (Full) • 30 Deg. Sanitary Nozzle w/Carbide Inserts • Tachometer/Chassis Engine W/Hour meter • 15 Deg. Penetrator Nozzle w/Carbide Inserts Circuit Breakers • Nozzle Storage Rack • LED Lights. Clearance, Back-Up, Stop, Tail & Turn • Tow Hooks, Front and Rear
Pipe • Electronic Back-Up Alarm
• 1" Nozzle • Hydraulic Tank Shutoff Valves
• 10' Leader Hose • 7" Vacuum Pipe Package
• Flat Rear Door w/Hydraulic Locks and Door Power- • Emergency Flare Kit up/Down, Open/Close Feature
• Dual 10" Stainless Steel Float Shut Off System/Rear
Mounted
• Debris Body Vacuum Relief System
• Debris Deflector Plate
• 60" Dump Height
• Water Sight Gauge DS/PS
• PTO Hour Meter Digital Water Pressure Gauge
• Hydraulic Oil Temp Alarm
Optional Equipment Included
• Roots 824-16" Hg. Blower • Automatic Hose Level Wind Guide, Indexing • 180 Degree Rotation, 10 Ft. Telescoping Boom x 15 Ft.

Hydraulic Extendable
• Boom out of Position Indicator/Alarm
- 80 GPM Variable Flow Water System
2500 PSI Water Pressure
1" x 800' Sewer Hose, 2500 PSI • Debris Body-Up Alarm
• Hydraulic Extending/Rotating 15" Hose Reel (1" x 1000) • Worklights (2), LED, 10 x 15 RDB Capacity
• Module Paint, Dupont Imron Elite - Sanded Primer Base • Worklights, LED, Operators Station - Debris Body Flush Out System • Toolbox, Front Bumper Mounted, 16 x 12 × 18 w/ (2) • 6" Butterfly Valve, Rear Door, 3:00 Position LED Side Markers • 6" Knife Valve w/Cam-Loc, Rcar Door, 6:00 Position • Toolbox, Behind Cab • Pump off Ports Only
• Additional Water, Water and Debris Tanks Joined
• Centrifugal Separators
• Folding Pipe Rack, Street side, 7" Pipe
• Rear Door Pipe Rack Removed
• Rear Door Splash Shield • Door Stripe Material, Reflective Tape • Lube Manifold • (1) 8" x 7-6" Aluminum Vacuum Tube
• Plastic Lube Chart • Extended Factory Warranty - 3Yrs • Wireless Controls, including hose recl controls • Vactor Standard Manual and USB Version • Rotatable Boom Inlet Hose, 10 x 15 RDB • Whelen light package includes LED Light bar, Strobes, Handgun Couplers, Front and Rear LED Traffic Advisor
• Hydro Excavation Kit - Includes Lances, Nozzles,
Storage Tray, and Vacuum Tubes
Sourcewell Unit Price: .. $ 488,355.00
Sourcewell Discount: ($10,209.00)
Subtotal: ... $ 478,146.00
Sales Tax (8.75%) $ 41,837.78
TOTAL UNIT PRICE, FOB: EXETER, CA:. ..S 519,983.78

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES

NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good until 15 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, i pplicable, will require payment unless a properly executed Exemption Certificate is submittec DELIVERY: 130-160 Days TERMS: Net 30
sonine are the oportunity to present this proposal and look forward to being of further and HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: George Lopez DATE:

GEORGE LOPEZ
Sales Representative
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E8 X City Council
Regular Session:

Wording for Agenda: Authorize the piggyback of a X Consent Calendar Sourcewell cooperative purchasing agreement and authorize - Regular Item the City Administrator to execute a purchase agreement with Public Hearing RDO Equipment Co. of Fowler, CA for a VX50-800 Vacuum Review:

Excavator, manufactured by Vermeer Corporation, in the
amount of $141,202.96, and appropriate $15,202.93 evenly City Administrator across CIP expenditure accounts 109.491.080.006, (Initials Required) 107.441.080.011, and 105.461.080.019.

Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director
Phone Number: 592-3318
Email: [email protected]
Department Recommendation:

Staff recommends that Council authorize the piggyback of a Sourcewell cooperative purchasing agreement and authorize the City Administrator to execute a purchase agreement with RDO Equipment Co. of Fowler, CA for a VX50-800 Vacuum Excavator, manufactured by Vermeer Corporation, in the amount of $141,202.96, and appropriate $15,202.93 evenly across CIP expenditure accounts 109.491.080.006, 107.441.080.011, and 105.461.080.019.

Summary/Background:

Included in the approved FY 2022/2023 budget cycle, is a Vacuum Excavator to be used by the Public Works Department. This piece of equipment allows crews to safely uncover underground utilities utilizing high-pressure water along with high-speed vacuum.

Hydro vacuum excavation uses water to loosen the soil and dig a hole. The use of water helps reduce the soil's holding strength thus helping to break the soil which is then sucked into a large debris holding tank. This process has several advantages to hand digging and is much safer and quicker for public works crews.

The City's current vacuum excavator, which was purchased in 2018, is a smaller unit that was able to handle the work volume and also not overextend the City's budget at the time that it was purchased. However, with increased project volume and size this unit is not designed for the heavy daily use that has been prompted by increasing water service line replacements throughout the City. In addition, the small tank size makes using it on larger projects very inefficient due to many trips required to empty the tank for one excavation. The McLaughlin VX50-800 Vacuum Excavator has more holding capacity and added features that will allow crews to operate more safely and efficiently with fewer trips back and forth to the Corporation Yard to empty the contents of the spoils tank.

Vermeer Corporation is a member of Sourcewell, a public corporation serving as a municipal contract agency for government agencies. Sourcewell holds hundreds of competitively solicited cooperative contracts, one of which is the VX50-800 Vacuum Excavator contract that was awarded to Vermeer Corporation.

This item was included in the FY 2022/2023 CIP budget at a cost of $126,000.

Due to recent inflation, the price has since increased by $15,202.96, thus the reason staff is requesting an additional appropriation. This additional amount would be spread evenly across the water, sewer, and gas tax CIP expenditure accounts.

Fiscal Impact: This item was included in the FY 2022/2023 CIP budget at a cost of $126,000. With the remainder covered by additional appropriation from the water, sewer, and gas tax CIP expenditure accounts
Prior Council/Board Actions: Approved as part of the FY 2022/2023 CIP budget at a cost of $126,000, to be paid for using the funds from the water, sewer, and gas tax CIP expenditure accounts.

Attachments: Proposal from RDO Equipment Co.

Recommended motion to be made by Council/Board: I move to authorize the piggyback of a Sourcewell cooperative purchasing agreement and authorize the City Administrator to execute a purchase agreement with RDO Equipment Co. of Fowler, CA for a VX50-800 Vacuum Excavator, manufactured by Vermeer Corporation, in the amount of $141,202.96, and appropriate $15,202.93 evenly across CIP expenditure accounts 109.491.080.006, 107.441.080.011, and 105.461.080.019.

Investment Proposal (Quote) A WARNING
Vermeer
RDO Equipment Co Warning: Cancer and
2714 Vineyard Place Reproductive Harm.

Fowler CA, 93625
ver more information go to:

Phone: (559) 834-5096 - Fax: (559) 834-5067 wwww.P65Warnings.co.gov Proposal for: Investment Proposal Date: 8/11/2022
CITY OF EXETER Pricing Valld Until: 8/25/2022
350 W FIREBAUGH AVE Deal Number: 1580974
EXETER, CA, 932211560 Customer Account#: 3318040
TULARE Account Manager: Robert Massera
Phone: 559) 834-5096
Fax: (831) 763-2280
Email: [email protected]
Equipment Information
Quantity Serial Number Hours Status/ Year / Make / Model Cash Price Stock Number (approx.) Additional Items
1 TBD New 2022 MCLAUGHLIN VX50-800 $129,812.38
TBD
Other Sourcewell - 110421-VRM, Member ID# 180825 **PROPOSEC $0.00 PRICING, PENDING APPROVAL**
Equipment Subtotal: $129,812.38
Purchase Order Totals
Balance: $129,812.38
CA STATE TAX: $7,788.74
CA COUNTY TAX: $324.53
CA CITY TAX: $1,298.13
CA SPECIAL TAX: $1,947.18
Sales Tax Total: $11,358.58
PrePaid Tax License: $25.00
CA Tire Fee: $7.00
Sub Total: $141,202.96
Cash with Order: $0.00
Balance Due: $141,202.96
Equipment Options
Serial Number Year / Make / Model Description
TBD 2022 MCLAUGHLIN VX50-800 VXS03520 HYD JACK
VX502040 VX50 BOOM 4" HYD W/ HYD ROT
VX504152 QUICK FILL 205 GAL
VX504175 6" DRAIN VALVE CAP ASSY
VX504555 ARROW BOARD VX BOOM
VX504842 800 GAL WATER RECIRCULATION
4X501058 X5-800 GAL BOOM W 2X205 GAL WATER (20K
D1580974 Page 1 of 1
Investment Proposal (Quote)
Vermeer A WARNING
RDO Equipment Co. Warning: Cancer and
2714 Vineyard Place Reproductive Harm.

Fowler CA, 93625
Phone: (559) 834-5096 - Fax: (559) 834-5067 Dr more Musten goin www.P6SWarnings.ca.gov
Proposal for: vestment Proposal Dat 4/14/2022
CITY OF EXETER ricing Valld Un 5/14/2022
350 W FIREBAUGH AVE
Deal Number. 1523815
EXETER, CA, 932211560 Customer AccountA 3318040
TULARE Iccount Manager
Robert Massera
(559) 834-5096
Fax: (831) 763-228
Email: [email protected]
Comments
*"Quote is good for 30 days and then will need to be requoted** Equipment Information
Quantity Sortal Number Hours Status / Yoar/ Make / Model Cash Price Stock Number (approx.) Additional Items
1 TBD New 2022 MCLAUGHLIN VX50-800
TBD $115,771.26
Other Sourcewell - 110421-VRM, Member ID# 180825 $0.00
Equipment Subtotal: $115,771.26
Purchase Order Totals
Balance: $115,771.26
CA STATE TAX: $6,946.28
CA COUNTY TAX: $289.43
CA CITY TAX: $1,157.71
CA SPECIAL TAX: $1,736.57
Sales Tax Total: $10,129.99
CA Tire Fee: $7.00
Sub Total: $125,908.25
Cash with Order. $0.00
Balance Due: $125,908.25
Equipment Options
Oty Serial Number Year / Make / Model
1 TBD 2022 MCLAUGHLIN VX50-800 VX501058 VX50-800 800 Gallon with Boom and 2x205 Water tanks (20K GVWR)
VX502040 BOOM 4" HYD W/HYD ROT
VX503520 HYD JACK
VX504152 QUICK FILL 205 GAL
VX504175 6" DRAIN VALVE CAP ASSY
D1523815 Page 1 of 1
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E9 X City Council
Regular Session:

Wording for Agenda: Authorize the City Administrator to execute a X Consent Calendar subrecipient agreement with Self Help Enterprise from August 24, Regular Item 2022, to July 30, 2025, at a cost paid from the grant funding of 7% of _Public Hearing the grant received (Maximum grant amount of $1,000,000) to continue to provide CDBG housing program administration services Review:
subject to minor conforming or clarifying changes acceptable to the City Attorney. City Administrator
(Initials Required)
Submitting Department: Finance
Contact Name: Rainbow Moore, Finance Director/Treasurer Phone Number: (559) 592-2755
Email: [email protected]
Department Recommendation:

Staff recommends Council approve the subrecipient agreement as presented.

Summary/Background:

The Community Development Block Grant (CDBG) program provides flexible funding to carry out a wide range of community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. Beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD (U.S Department of Urban Housing) and HCD (California Department of Housing and Community Development). CDBG-programs are specifically created to benefit low-and moderate-income citizens; aid in the prevention or elimination of slums and blight, or to meet certain community development needs having a particular urgency.

The City of Exeter has a greater need for the CDBG low-income home buying and rehabilitation assistance. Exeter's median income for households is around $50,469, which is 29% lower than the State average (https://places.us.com/california/exeter/), resulting in it being considered a severely disadvantaged community. Moreover, the median age for the houses in Exeter is

33.3 years.

To obtain the CDBG grant funding and to effectively administer the funding activities, the City of Exeter entered into a three-year contract with a local housing expert, Self Help Enterprises on September 12, 2017, with a one-year optional renewal option. This contract allowed the City to secure 2018 CDBG Home Buyer (18-CDBG-12907) and 2018 CDBG Home Rehabilitation (18- CDBG-12908) grants. The total grant funding amount was $500,873 ($344,531 for Home Buying and $156,342 for Home Rehab). The City was able to assist four households with their home purchase and rehabilitation financing. Additionally, this grant funding generated over $200,000 in program income and the City is actively working with Self Help Enterprise and HCD to add the program income to the grant budget to provide additional home rehab assistance to over 30 households on the waiting list.

The current 2018 CDBG funding is set to expire May 2023. The grant closure will require extensive review and reconciliation of the program accounting in addition to completing comprehensive program reports. This is in addition to the ongoing grant administration services that SHE provides: completion and submission (to regulatory agencies) of quarterly and annual program reports, maintaining documents, invoicing for the grant fund reimbursements, monitoring the loan portfolios, marketing the programs, and handling the loan services for the applicants. Due to the fact that the City currently does not have an option to complete an RFP (Request for Proposal) process prior to the contract expiration nor sole source contracting with another housing company or Self-Help Enterprise because of regulatory requirements, HCD recommended the City enter into a subrecipient agreement with Self-Help Enterprise to ensure seamless service. Moreover, the subrecipient arrangement is not a new process for the City.

For the City to apply and receive the 2020 CDBG Business Assistance grant funding, the Council authorized the subrecipient agreement with Self-Help to ease the regulatory administrative burden for the City.

Self-Help Enterprises is experienced, well qualified, and specializes in the administration of community housing programs while providing loan management services for HOME, CalHOME, and CDBG grants in various jurisdictions. Currently, the City does not have a capacity to effectively administer the regulatory requirements of the CDGB grants. As a subrecipient, Self- Help Enterprises would continue to provide grant-writing, program administration and loan- servicing for the City of Exeter 2018-CDBG grants. The proposed service agreement will expire in three years (with a two-year renewal option) at which time, the City will have an opportunity for a competitive bidding process for the housing program administration service.

Fiscal Impact: Self-Help retains 7% of the grant funding to offset its administrative costs which are fully covered by the grant fund and program income accounts.

Prior Council/Board Actions: On January 22, 2019 (Resolution 2019-02), Council approved CDBG grant application with up to $600,000 funding and up to $1,000,0000 of program income usage.

Attachments:

Subrecipient Agreement between Self Help Enterprise and City of Exeter Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute a subrecipient agreement with Self Help Enterprise from August 24, 2022 to July 30, 2025, at a cost paid from the grant funding of 7% of the grant received (Maximum grant amount of $1,000,000) to continue to provide CDBG housing program administration services subject to minor conforming or clarifying changes acceptable to the City Attorney.

CITY OF EXETER

SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this _th day of August, 2022 by and between the City of Exeter, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).

WHEREAS, the California Department of Housing and Community Development, hereinafter "HCD", is authorized to allocate Community Development Block Grant Program, hereinafter "CDBG" funds made available from the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", as, as authorized under Title I of the Housing and Community Development Act of 1974, as amended, and implemented under Title 24 of the Code of Federal Regulations, hereinafter collectively referred to as the "Act", incorporated herein by its reference; and WHEREAS, GRANTEE is a recipient of CDBG funding for use in funding eligible activities furthering established national objectives to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its XXXXX Housing Element/Consolidated Plan, desires to provide CDBG funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 2019-02, the City Administrator is authorized to execute and CDBG Agreements, on behalf of GRANTEE, that are within available allocated CDBG funding and in a standard form approved by the City Attorney.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on August — 2022, unless terminated earlier pursuant to the terms of this Agreement, shall continue until July 30, 2027. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including Program Income.

2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these 17 funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.

SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement.

SUBRECIPIENT shall administer the Program in compliance with CDBG requirements and in a manner that meets the CDBG statewide goals.

GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated

3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.

SUBRECIPIENT shall ensure CDBG grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
• SUBRECIPIENT NAME:
• Subrecipient ID (DUNS):
• State Award Identification Number: (CDBG Grant#)
• State Award Date:
• Period of Performance:
• Federal/State Funds Obligated by this Agreement:
• Total Federal/State Funds Obligated to SUBRECIPIENT:
• Total Amount of the Federal/State Award:
• Federal/State Award project description:
• Name of State awarding agency: Dept. of Housing and Community Development • Name of pass-through entity: City of Exeter, California • Award Official Contact Information: Name and Address
• CFDA Number: 14.228
• CFDA Name: Community Development Block Grant
• Identification of R&D: No
• Indirect cost rate for the Federal award:
18 SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f) Financial records as required by 2 CFR Part 200 as amended by 24 CFR 570.502, and g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of three years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and CDBG requirements.

SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.
19 4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B" and incorporated herein. SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of CDBG funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed One Million Dollars and 00/100 ($1,000,000).

SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.

GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.

All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured CDBG funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.

An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG funds is subject to the control of HUD, other federal agencies, HCD, or other state agencies and should CDBG funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate CDBG funds, GRANTEE shall not provide said funds unless and until they are 20 made available for payment to GRANTEE by HUD, HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Projects).

5. PROGRAM INCOME
Any income generated from the use of current or past CDBG grants shall be considered CDBG program income. All CDBG program income (as defined at 24 CFR 570.500(a)) shall be retained by GRANTEE for the term of this Agreement. The use of all CDBG program income received by the GRANTEE is reserved specifically for services outlined in the Scope of Work to be performed by the SUBRECIPIENT and is subject to the terms of this Agreement.

6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.

SUBRECIPIENT shall establish and maintain effective internal control over CDBG funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.

SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.

SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.

SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.

SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 21 SUBRECIPIENT is prohibited from using CDBG funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.

SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5.

SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.

SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.

SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
• The CFDA title and number,
• Federal award identification number and year,
• Name of the Federal/State agency, and
• Name of the pass-through entity, if any.

SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E;
• Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and • Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.
22 7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.

SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends 500,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement.

SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's reports).

SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.

GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.

8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.

9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.

At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect 23 to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict-of-interest provisions on a case-by-case basis.

10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:

Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.

Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.

The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.

Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
24 The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".

11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT.

Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and Transfer to GRANTEE any accounts receivable attributable to the use of CDBG funds, including CDBG program income.

Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed.

The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligationto cause auditsto be performed relating to SUBRECIPIENT'S activities and costs under this Agreement;
• the obligation to repay to GRANTEE any CDBG proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures;
• any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.

Any real or personal property purchased in whole or in part with CDBG funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:

Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and

12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated
Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.

If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.

13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratulty violations potentially attecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.

14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.

15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement, SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.

SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) SUBRECIPIENT does, not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part

52. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

SUBRECIPIENT shall provide Workers ' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.

16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions.

However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement.

SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.

If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be 28 addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the following contract representatives:

GRANTEE SUBRECIPIENT
City of Exeter Self-Help Enterprises
ATTN: Adam Ennis Attention: Susan Long
City Administrator Program Director
100 North C Street 8445 W Elowin Ct
Exeter, CA 93221 Visalia, CA 93290
Phone: (559) 592-3710 Phone: (559) 802-1630

19. AMENDMENTS
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.

GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons.

If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.

20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.

21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 29 22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.

27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.

28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
30 29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.

30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Tulare County, California.

31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties. Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No 31 waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.

35. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.

36. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.

37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement at _ California, the day and year first above written.

GRANTEE: SUBRECIPIENT:

CITY OF EXETER SELF-HELP ENTERPRISES
Adam Ennis, City Administrator Thomas Collishaw, President/CEO Attachments:

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS
32 EXHIBIT A

SCOPE OF WORK
Matrix Code: First-Time Homebuyer Assistance
National Objective: Rehab: Single-Unit Residential
LMH
CDBG Eligibility:
24 CFR 570.202
Project Description:

Self-Help Enterprises will offer First-Time Homebuyer Assistance and Owner- Occupied Housing Assistance programs to qualifying income eligible households located within the City of Exeter:
1) First-Time Homebuyer Assistance will be provided to income eligible households citywide to provide down payment, closing cost and gap financing that will ensure a first-time Homebuyers mortgage payments are affordable. 2) Owner Occupied Rehabilitation will be provided to income eligible owner- occupied households in need of repairs to correct conditions that threaten a household's health. general well-being. or safety and/or subjects the household to live without basic plumbing. electrical. heating. air conditioning. or security.

Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:

Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with CDBG funds, including its location. the amount of CDBG funds budgeted, obligated and expended for the activity. and the eligibility and national objective under which it is eligible.

Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.

Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.

The project file must document how the CDBG funds are expended. Such documentation must include, to the extent applicable:
a. Invoices with supporting documentation
b. Evidence of need and no duplication of services
c. Other documentation appropriate to the nature of theactivity National Objective Compliance - Low Mod Housing Activities (LMH) - Owner
The SUBRECIPIENT shall maintain records for each owner-occupied unit, including:
d. The total cost of the activity, including both CDBG and non- CDBG funds. e. a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.

SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:

SUBRECIPIENT NAME: Self-Help Enterprises
Subrecipient ID (DUNS): 056179906
State Award Identification Number:

State Award Date:

Period of Performance:

Funds Obligated by this Agreement: 2018-CDBG-12907 & 2018-CDBG- 12908
Total Funds Obligated to SUBRECIPIENT: up to $1,000,000 Total Amount of the Award: $600,000
Award project description: See Exhibit A - Scope of Work Name of awarding agency: CA Dept. of Housing and Community Development
Name of pass-through entity: City of Exeter, California • Award Official Contact Information: See Section 18 - Notices CFDA Number: 14.228
• CFDA Name: CDBG Investment Partnership Program
Identification of R&D: No
Indirect cost rate for the Federal award: 20.25%
34 EXHIBIT B

PROPOSED BUDGET
# Line Item Approved
Budget
1 General Administration $41,860
2 First-Time Homebuyer & Activity Delivery $372,093
3 Owner-Occupied Housing Rehabilitation & Activity Delivery $186,047 4 CDBG Program Income up to (only as available) $400,000 TOTAL $1,000,000
35 EXHIBIT C

INSURANCE REQUIREMENTS
Agreement between City of Exeter ("CITY") and Self-Help Enterprises ("SUBRECIPIENT")

CDBG REPAIR PROGRAMS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.

MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.

2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.

WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.

EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.

UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or self- insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY Risk Manager or designee. At the option of the CITY Risk Manager or designee, either:
37 (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) SUBRECIPIENT shall provide a financial guarantee, satisfactory to CITY Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.

2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.

3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it. SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 010413.

The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.

If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by SUBRECIPIENT.
38 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by SUBRECIPIENT, SUBRECIPIENT must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.

4. A copy of the claims reporting requirements must be submitted to CITY for review.

5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY.

SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITYwith a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.

The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers, agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.

SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement, SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractors) to enter into a separate Side Agreement with the City/County to provide required indemnification and insurance protection. Any required Side Agreements) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY Risk Manager or his/her designee prior to CITY execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish City/County with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
40 EXHIBIT D

CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Exeter or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Exeter?
3 Do you currently represent or perform work for any clients who di usiness with the City of Exeter?
4 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Exeter employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Date:

Thomas J. Collishaw President/CEO
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
Additional page(s) attached.
41 EXHIBIT E

CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER

FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) | All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"'). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR $401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
43 (I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(K) See §200.322 Procurement of recovered materials.
44 City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E10 X City Council
Wording for Agenda: Adopt Resolution 2022-36 amending the City of Exeter's Conflict of Interest Code for designated employees, Regular Session:
commissions and/or agencies and disclosure categories. X Consent Calendar Regular Item
- Public Hearing
Submitting Department: Administration
Contact Name: Adam Ennis, City Administrator Review:

Shonna Oneal, City Clerk
Phone Number: 592-9244
City Administrator
Email: [email protected]
(Initials Required)
Department Recommendation:

Staff recommends that Council adopt Resolution 2022-36 amending the City of Exeter's Conflict of Interest Code for designated employees, commissions and/or agencies and disclosure categories.

Summary:

The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, that the code must be amended.

For local agencies, this review occurs in even-numbered years. Once the determination has been made, the code must be submitted to the reviewing body for approval. The City Council is the code reviewing body.

An amended conflict of interest code has been prepared with changes in the city's designated positions and disclosure categories, reflecting the following changes:

1. Addition of position title: "Deputy City Clerk/Personnel Officer"; and

2. Deletion of position title: "Recreation Supervisor"
Staff recommends the City Council amend the City of Exeter's Conflict of Interest Code as required by the Political Reform Act by adopting the proposed Resolution 2022-36.

Background:

The Political Reform Act requires every local government agency adopt a conflict of interest ode that identifies all officials and employees within the agency who make governmenta lecisions based on the positions they hold. The individuals in designated positions mus disclose their financial interests as specified in the agency's conflict of interest code.

The conflict of interest code must provide the following:

Provide reasonable assurance that all foreseeable potential conflict of interest situations will be disclosed or prevented;
Provide to each affected person a clear and specific statement of his or her duties under the conflict of interest code; and
Adequately differentiate between designated employees with different powers and responsibilities.

The three components of a conflict of interest code are as follows:

1. Incorporation Section - This section designates where the Form 700s are filed and retained (i.e., the agency or the FPPC). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit.

2. List of Designated Positions - The code must list all agency positions that involve the making or participation in making of decisions that "may foreseeably have a material effect on any financial interest." This covers agency members, officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions.

3. Detailed Disclosure Categories - A disclosure category is a description of the types of financial interests' officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected and must not require public officials to disclose private financial information that does not relate to their public employment.

Fiscal Impact: None
Prior Council/Board Actions: Resolution 2020-40
Attachments: 2022 Local Agency Biennial Notice
Exhibit A - City of Exeter Conflict of Interest Code Redlined Version Resolution 2022-36 with Exhibit A - City of Exeter Conflict of Interest Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2022-36 as presented
2022 Local Agency Biennial Notice
Name of Agency: City of Exeter
Mailing Address: P.O. Box 237, Exeter, Ca 93221
Shonna Oneal Phone No. 559-592-9244
Contact Person:

Email: [email protected] Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to nelp ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):

An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.

No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
ww.fppc.ca.go
PC Advice: [email protected] (866.275.377

EXHIBIT A

CITY OF EXETER CONFLICT OF INTEREST CODE
Public Officials, Board, Commission, Committee Members, Consultants, and City Employees who have decision making authority or influence in recommendations for contracts for the purchase of goods and/or services are identified by the City of Exeter to complete and file a Form 700 as identified in the filer's list below.

Interes used in conjunction with Disclosure Form 700 - Statement of Conflict of

DISCLOSURE CATEGORIES

FACT SHEET
CATEGORY 1 - (Schedule B) - (if ownership interest 10% or greater; if interest in real property is $2,000 or more Schedule A-2) - (as it applies to your category Schedule C, Schedule D, and Schedule F)
Investment or interests in real property which is located in whole or in part within the City Limits of Exeter or within two miles of the City Limits, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property, if the fair market value of the interest is greater than $2,000.00.
(Interests in real property of an individual include a business entity's share of interest in the real property of any business entity or trust in which the designated employee or his or her spouse, or dependent children, own, directly, indirectly, or beneficially, a ten percent interest or greater.)
CATEGORY 2 - (Schedule A) - (if interest 10% or greater; if your pro rata share of the investment is $2,000 or more Schedule A-2) - (if ownership is 10% or greater in a partnership or joint venture which owns rental property use Schedule A-1, Schedule A-2, and Schedule C) (as it apples to your category Schedule C, Schedule D, and Schedule F)
Investments in or income from any business entity which, within the last two years, has contracted, or in the tuture may toreseeably contract, with the City to provide services, supplies, materials or equipment to the City.
(Investments Include: 1. Any financial interest in or security issued by a business A pro rata share of investments of any business entity or trust in which the designated employee or his or her spouse or dependent children, owns, directly, , indirectly, or beneficially, a ten percent interest or greater.)
(Investment does not include:

A time or demand deposit in a financial institution, shares ir a credit union, any insurance policy, or any bond or othe debt instrument issued by any government or government
agency;
Assets whose fair market value is less than $2,000.00)
CATEGORY 3
Investments in or income from business entities which are contractors or sub-contractors vhich are or have been within the previous two-year period engaged in the performance f building construction or design within the City. Investments include interest describec in Category 2.

CATEGORY 4

DESIGNATED POSITIONS DISCLOSURE CATEGORY
City Clerk/Human Resources Manager 1,2,3,4
Deputy City Clerk/Personnel Officer 1,2,3,4
*Consultants
Financial Analyst 1,2,3,4
Operations Manager 1,2,3,4
Police Chief 1,2,3,4
Police Lieutenant 2
Public Works Director 1,2,3,4
Recreation Supervisor
* Consultant categories limited to any individual working for the city under contract who makes final government decisions and/or performs substantially all the same duties for the city that would otherwise be performed by an individual holding a position otherwise named in the list of covered positions of the City of Exeter.

Mandatory Filers pursuant to Government Code, Title 9 (Political Reform), Chapter 7 (Conflicts of Interest), §87200 are as follows:

City Council 1,2,3,4
Planning Commissioners 1,2,3,4
City Administrator 1,2,3,4
City Attorney 1,2,3,4
Finance Director/Treasurer 1,2,3,4
RESOLUTION 2022-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AMENDING

THE CITY OF EXETER CONFLICT OF INTEREST CODE FOR, DESIGNATED POSI

TIONS AND DISCLOSURE CATEGORIES
WHEREAS, pursuant to Government Code, Title 9 (Political Reform), Chapter 7 (Conflicts of Interest), Article 3 (87300- 87505), §87300 every agency shall adopt and promulgate a Conflict of Interest Code pursuant to the provisions of this article, and in- corporated herein by reference.

WHEREAS, the Exeter City Council previously adopted Resolution 2020-40, adopting the model Conflict of Interest Code set forth in §87300; WHEREAS, the City has reviewed the Conflict of Interest Code, including the des- ignated positions and disclosure categories; and
WHEREAS, it has been determined that a new position needs to be added and a position that no longer exists needs to be deleted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER, does re- solve as follows:

SECTION 1. The Model Conflict of Interest Code of the Fair Political Practices Commission, provides for the filing of statements of economic interest and the review of same on a biennial basis.

SECTION 2. The City of Exeter's Conflict of Interest Code is hereby amended as set forth in Exhibit A attached hereto.

PASSED, APPROVED AND ADOPTED this day of _ 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

Deputy City Clerk

EXHIBIT A

CITY OF EXETER CONFLICT OF INTEREST CODE
To be used in conjunction with Disclosure Form 700 - Statement of Conflict of In- terest

DISCLOSURE CATEGORIES

FACT SHEET
CATEGORY 1 - (Schedule B) - (if ownership interest 10% or greater; if interest in real roperty is $2,000 or more Schedule A-2) - (as it applies to your cate- gory Schedule C, Schedule D, and Schedule F.

Investment or interests in real property which is located in whole or in part within the City Limits of Exeter or within two miles of the City Limits, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property, if the fair market value of the interest is greater than $2,000.00.
(Interests in real property of an individual include a business entity's share of interest in the real property of any business entity or trust in which the designated employee or his or her spouse, or dependent children, own, directly, indirectly, or beneficially, a ten per- cent interest or greater.)
CATEGORY 2 - (Schedule A) - (if interest 10% or greater; if your pro rata share of the investment is $2,000 or more Schedule A-2) - (if ownership is 10% or greater in a partnership or joint venture which owns rental property use Schedule A-1, Schedule A-2, and Schedule C) (as it applies to your category Schedule C, Schedule D, and Schedule F)
Investments in or income from any business entity which, within the last two years, has contracted, or in the future may foreseeably contract, with the City to provide services, supplies, materials or equipment to the City.
(Investments Include: 1. Any financial interest in or security issued by a business en- tity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments, and any A pro rata share of investments of any business entity or trust in which the designated employee or his or her spouse ciade, a nen pe cent interest or greatey, indirectly, or benefi- (Investment does not include:

A time or demand deposit in a financial institution, shares ir a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government
agency;
Assets whose fair market value is less than $2,000.00)
CATEGORY 3
Investments in or income trom business entities which are contractors or sub-contractors nich are or have been within the previous two-year period engaged in the performance of building construction or design within the City. Investments include interest described in Category 2.

CATEGORY 4
Investments in or income from persons or business entities engaged in the acquisition or disposal of real property within the City. Investments include interest described in Cate-

DESIGNATED POSITIONS DISCLOSURE CATEGORY
City Clerk/Human Resources Manager 1,2,3,4
Deputy City Clerk/Personnel Officer 1,2,3,4
*Consultants 1,2
Financial Analyst 1,2,3,4
Operations Manager 1,2,3,4
Police Chief 1,2,3,4
Police Lieutenant
Public Works Director 1,2,3,4
* Consultant categories limited to any individual working for the city under contract who makes final government decisions and/or performs substantially all the same duties for the city that would otherwise be performed by an individual holding a position oth- erwise named in the list of covered positions of the City of Exeter.

Mandatory Filers pursuant to Government Code, Title 9 (Political Reform), Chapter 7 (Conflicts of Interest), §87200 are as follows:

City Council 1,2,3,4
Planning Commissioners 1,2,3,4
City Administrator 1,2,3,4
City Attorney 1,2,3,4
Finance Director/Treasurer 1,2,3,4
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: E11 X City Council
Regular Session:

Wording for Agenda: Authorize the City Administrator to execute X Consent Calendar the copier lease agreement renewal with California Business Regular Item Machines in the amount of $40,010.67 for the period covering from - Public Hearin August 23, 2022, to 10/26/2027 (63 Months).

Review:

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

Staff recommends that Council review the proposed copier lease and maintenance contract renewal with California Business Machines and approve the contract; and Council authorize the City Administrator to execute the copier lease agreement renewal with California Business Machines in the amount of $40,010.67 for period covering from August 23, 2022 to 10/26/2027 (63 Months).

Summary/Background:

The City of Exeter currently leases four high-capacity copiers and two smaller color copiers between tour work sites. The lease and maintenance contract for the Police Department copier was already updated recently and the three leases are expiring next year. The staff started working with the current contractor to update copier leases 1) to accommodate higher capacity copy jobs for the Recreation Department 2) to consolidate the separate lease contracts into one to achieve efficiency for the lease administration.

Based on the review of the annual costs and the costs being proposed, the City will achieve savings by renewing a lease with the existing contractor, California Business Machines and the cost comparison is found in Table 1:
[TABLE 1] Copier Lease and Maintenance Contract Cost Comparison

CURRENT ANNUAL PROPOSED ANNUAL

ITEMS AMOUNT AMOUNT DIFFERENCE Y
Copier annual lease $ 3,084 $ 5,266 $ 2,182
Copier annual maintenance $ 2,650 2,355 $ (295)
Copier overage/usage charges $ 2,400 $ 500 $ (1,900)
TOTAL: $ 8,134 $ 8,121 $ (13).

In addition to the hard cost savings, staff anticipates substantial soft cost savings from consolidating three separate leases into one. For example, rather than processing three separate monthly invoices, this consolidation allows one monthly invoice for payment processing. This will also ease the contract administration burden. The contract renewal will improve quality and reliability of hardware by obtaining new high-performance copiers, improve service and support with minimal downtime. The contract also locks in the pricing for the next 63 months.

Fiscal Impact: The annual maintenance and lease cost is already covered in the operating budgets. Moreover, it is anticipated that the proposed contract renewal will bring cost savings from savings in overage services that the City has been incurring.

Prior Council/Board Actions: Actions on prior leases
Attachments:

Lease agreement from California Business Machines
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute the copier lease agreement renewal with California Business Machines in the amount of $40,010.67 for the period covering from August 23, 2022, to 10/26/2027 (63 Months).

Califurnia
LEASE AGREEMENT 17204 Crete Street, Moberly, MO 65270
Business Machines Phone: 800-662-3759, Fax: 800-426-2626 LESSEE LEGAL NAME: Telephone No:

Exeter City Hall 5595922755
Billing Address: Equipment Location (if other than Billing Address):
137 N. F Street, Exeter, CA 93221 137 NF Street, Exeter, CA 93221 BOURNENT DESCRIPTION: indied air new or wed and include make model, ser and i anciese belov and or lied celes.

Description of Equipment Leased Scrial Number
Kyocera TA2554 4004i M5526 TA2554 4004i MS526
END OF LEASE PURCHASE OPTION (a) Advance Payment:
(b) Security Deposit:
i more than one lease payment is required as an Advance Payment, the balance will be applied to lease payments in inverse order, starting with the last lease payme ur obligation to pay all amounts and perform all other obligations is non-canceliable, absolute, unconditional and not subject to abatement, set-off or defen In this agreement ("Lease"), "ive," "our," and "us" refers to LEAF Capital Funding, LLC as ur interests and only our interests). If we obtain such insurance, you will pay us:

Lessor and "you" and "your" refer to the Lessee. You agree to lease the Equipment upon the additional amount for the cost of it and an administrative fee, the cost of which may be mu To DENSE A MENS AND TERM: The Lease is enforceable on you upon your 3o the or to diD TAKE 5: a oathe Eatine Texting lensed soilare, F execution. The term of the Lease shall commence on the date the Equipment is delivered to you you are deemed to own it, you grant us a security interest in the Equipment. You authorize us ("Lease Commencement Date"). The first Lease Payment shall be due on the date we specify in the month following the Lease Commencement Date as set forth in our invoice, and the fines and penalties relating to the purchase, use, leasing and/or ownership of the Equipment. If remaining Lease Payments will be due on the same day of each subsequent month (each, a we pay any taxes, (including property tax), fees or penaltics on your behalf, you will pay us "Payment Date") until paid in full. The Base Term shall commence on the date one month prior the amount we paid plus an administrative fee. You agree to pay us the documentation fee to the first Payment Date. Wo may charge you a portion of one Lease Payment for the period specified above or if not so specified, the greater of either S125 or 0.5% of the Equipment from the Lease Commencement Date until the first day of the Base Term ("Interim Rent"). The cost. If we require an Equipment site inspection, or you request administrative services, you Interim Rent shall be due as invoiced. We may adjust the Lease Payments up to 15% if the actual costs are different than the estimate used to calculate the Lease Payments. On an annual 9. DEFAULT: If you or any guarantor do not pay us any amount within ten (10) days of its basis, the Monthly Payment may be increased by a maximum of 15% of the amount due date, or breach any terms of this Lease, any guaranty or any license relating to the previously then in effect. Equipment, you will be in default. If you default, we may require you to do any combination

2. DELIVERY, ACCEPTANCE, USE AND REPAIR: You are responsible for Equipment of the following: (a) immediately pay all amounts then due, plus the present value of the delivery and installation. You unconditionally accept the Equipment upon the earlier of (a) your remaining Lease Payments, Interim Rent and residual value of the Equipment, as determined oral or written acceptance of the Equipment, or (b) 10 days after delivery of the Equipment. by us. discounted at an annual rate of 3%; (b) retur all of the Equipment; (c) allow us to You authorize us to fill in the Lease Commencement Date, serial numbers and other repossess the Equipment; or (d) use any and all remedies available to us under applicable information. You will not move the Equipment from the above location without our law. If you default, you agree to pay the cost of repossession and our attorney's fees and written consent and are responsible for maintaining the Equipment in good repair. We are costs. In addition to all other charges and as reimbursement for expenses incurred and not as a not responsible for Equipment or vendor failures. penalty, we may require you to reimburse us for the phone calls, letters, and any additional

3. INDEMNIFICATION: You agree to indemnify, defend and hold us harmless from and expense incurred in the collection or servicing of this Lease for you. If we take possession of against any losses, damages, penalties, claims and suits, including attorneys' fees and expenses the Equipment, we may sell or otherwise dispose of it with or without notice, at a public or related to the ordering, manufacturc, installation, ownership, condition, usc, lease, possession, private sale, and apply the net proceds after we have deducted all costs related to the sale or delivery or return of Equipment. disposition of the Equipment) to the amounts that you owe us. You agree that if notice of sale

4. LEASE EXPIRATION, RENEWAL: Unless you notify us at least 90 days prior to the is required by law, 10 days' notice shall constitute reasonable notice. You remain responsible expiration of the Lease of your election to return or purchase the Equipment, this Lease for any amounts that are due afler we have applied such net proceds. We may apply any will renew on a month-to-month basis at the same monthly Lease Payment until you security deposits to your obligations and if you do not default, the balance will be refunded either exercise the purchase option or provide us with at least 90 days notice and return the Equipment. If you return the Equipment, (i) it must be to the location we designate and 10. ASSIGNMENT: You have no right to sell or assign the Equipment or Lease. We may you are responsible for all return costs and we may charge a Restocking Fee equal to one Lease sell or assign our rights in the Lease and/or Equipment and the new owner will have all our Payment, and (i) you must securely remove all data from any and all disk drives or magnetic rights but will not be subject to any claim or defense you have against us. media prior to returing the Equipment (and you are solely responsible for selecting an 11. ARTICLE 2A: You agree this Lease is a "finance lease" as defined in Article 2A of the appropriate removal standard that meets your business needs and complies with applicable Uniform Commercial Code. You waive all rights and remedies conferred upon a lessee by laws). You will pay us for any loss in value resulting from failure to maintain the Equipment in Article 2A (508-522) of the UCC. You have received a copy of the Supply Contract or been accordance with this Lease or for damages incurred in shipping and handling. If you exercise a informed of the identity of the Supplier and you may have rights under the Supply Contract purchase option we will convey all of our interest in such Equipment to you on an AS-IS and may contact the Supplier for a description of those rights.

WHERE IS basis without representation or warranty. 12. CREDIT INFORMATION: You authorize us or any of our affiliates to obtain credit

5. LATE FEES AND CHARGES: If any amount is not paid within three (3) days of when bureau reports, and make other credit inquiries that we deem necessary. due, you agree to pay us a late charge equal to the lesser of 10% of the amount past due or the 13. CHOICE OF LAW: THIS LEASE WILL BE GOVERNED BY PENNSYLVANIA maximum legal amount. Amounts which are not paid within 30 days of when due shall accrue LAW. YOU CONSENT TO JURISDICTION IN THE STATE OR FEDERAL COURTS interest at 1.5% per month (or if less, the maximum legal rate) until paid. You agree to pay $25 IN PENNSYLVANIA AND WAIVE ANY RIGHT TO A TRIAL BY JURY. for each pay by phone and S35 for each returned payment. 14. MISCELLANEOUS: This Lease is the parties" entire agreement and can be amended

6. NO WARRANTY: We do not manufacture the Equipment and you have selected the only in writing signed by both parties. This Lease may be executed in counterparts (manually Equipment and the supplier. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, or by electronic means) and, when transmitted to us shall be binding upon you for all INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PURPOSE AND purposes. This Lease is not binding on us until we sign it. You agree not to raise as a defense ARE NOT RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. to the enforcement of this Lease that it was executed or transmitted to us by electronic means.

7. INSURANCE, RISK OF LOSS: You bear all risk of loss or damage to the Equipment from You will use the Equipment only for business purposes and not for personal. its order until it is returned in the required condition or purchased by household use. The USA PATRIOT Act requires us to obtain, verify, and record information Period"). During the Risk Period you will maintain property and liability insurance on the that identifies you thus we ask for your name, address and other information or documents that Equipment acceptable to us, naming us loss payee and additional insured. If you do not provide substantiate your identity. us with proof of such insurance, we may secure insurance on the Equipment to cover ACCEPTED BY LESSEE: Exeter City Hall
Lessce Authorized Signature
PERSONAL GUARANTY: Undersigned guarantees that Lessee will make all payments and perform all other obligations under the Lease when due. Undersigned agrees that this is a guaranty of payment and not of collection, and that we can proceed directly against undersigned without first proceeding against Lessee or the Equipment. Undersigned also waives all suretyship defenses and notification if the Lessce is in default and consents to any extensions or modifications granted to Lessee. Undersigned will pay us all expenses (including attorneys' fees) we incur in enforcing our rights against undersigned or Lessee. If more than one person signs this guaranty, cach agrees that his/her liability is joint and several. Undersigned authorizes us and our affiliates to obtain credit bureau reports and make inquiries regarding undersigned's personal credit. You consent to jurisdiction in the State or Federal courts in Pennsylvanis and expressly waive E-Mail Address:

Accepted by:

LEAF Capital Funding, LLC By: Title: Date:

LEASE01 2-7-2019 App=748302
Califurnia
Business Machines

SCHEDULE A TO LEASE AGREEMENT
(EQUIPMENT DESCRIPTION)
Lease Application No.: 748302
ONT Equipment Description New/Used Make Model Serial Number Location: 137 N F Street, Exeter, CA 93221
5 Kyocera TA2554 4004i M5526 New TA2554 40041 M5526
LESSEE: Exeter City Hall LEAF CAPITAL FUNDING, LLC
<BY::

BY:.

PRINT NAME: PRINT NAME:

TITLE: TITLE: _
: DATE: DATE:

LEASESCHEDA 8-23-2012 App=748302
SEND PAYMENTS TO: Califirnia Visalia Branch
4260 N. Fresno Street Business Machines 1230-CE. Mineral King Fresno, CA 93726 Visalia, CA93292
(559) 225-5570 • Service 225-5773 (559) 625-1521

MAINTENANCE AGREEMENT

CUSTOMER BILL TO EQUIPMENT LOCATION
Exeter City Administration 137 NF St
137 NF St Exeter, CA 93221
Exeter CA 93221
PHONE# FAX# PHONE# FAX#
559 5922755 559 559 5922755 559
CONTRACT# CUSTOMER# | CONTACTS/KEY OPERATOR
/ 5922755 Rainbow Moore [email protected]
STARTING DATE Connected: STARTING METERS: B/W COLOR SCAN EYes ONO
Model Serial Number BILLING TERMS:

TA 2554ci "Maintenance Agreement billed monthly in advance for $196.28 - TA 2554ci Includes 2554ci 1445 BW and 587 Tier 1, 148 Tier 2 and 13 Tier 3 Ta 4004i Color copies/prints per month with overages billed monthly in arrears M5526cdw BW $.012 & Color Tier 1 $.03, Tier 2 $.06 & Tier 3 $.09; 2554ci 1103 M5526cdw BW and 917 Tier 1, 171 Tier 2 and 3 Tier 3 Color copies/prints per month with overages billed monthly in arrears BW $.012 & Color Tier 1 $.03, Tier 2 $.06 & Tier 3 $.09; 4004i 2500 BW copies/prints per month with overages billed monthly in arrears BW $.012; M5526cdw 1000 BW and 83 Color copies/prints per month with overages billed monthly in arrears BW $.025 & Color $.12; M5526cdw 1000 BW and 83 Color copies/prints per month with overages billed monthly in arrears BW $.025 & Color $.12. Includes all Parts, Labor, Drums and all Toner. (excludes paper and staples)
Customer agrees to pay additional $.0025 per scan when scans exceed actual print usage Sales Tax will be applied to fifty (50%) percent of the MA billing representing the retail value of parts and supplies included. A surcharge will be applied to MA billing lo cover cost io ship toner.

TERMS AND CONDITIONS

1. This Agreementshall beforan initialtwelve (12) month period unless otherwise noted and automatically renew atthe rates in effect atthetime ofrenewal, unless cancelled in writing by either party on thirty davs' notice. Invoices are due upon receipt.

2. Thelistedequipmentwillreceive allnecessary preventative maintenance consisting ofcleaning, adjusting, lubrication andrepairs necessaryto obtain maximum operating efficiency. Regular calls will be made as often as recommended by the manufacturer.

3. This Agreement includes all calls requested by the customer, from 8:00 A.M. to 5:00 P.M., Monday through Friday, except holidays. Off hours service is chargeable at prevailing rates. CBM reserves the right to delay service due to circumstances beyond their control including bad weather and/or road conditions.

4. This Agreement does not cover service necessitated by malfunction of parts, attachments, or supplies not authorized by CBM. The Agreement specifically excludes circuit board failures unless an approved surge protectoris installed in-line on the equipment. The purchaser of this agreement agrees to supply a grounded, dedicated electrical power outlet and working phone lines where applicable as required by the manufacturer's specificalions. Service problems due to hardware or software not listed on this agreement are notcovered.

5. This Agreement includes all parts and supplies necessary to maintain the equipment, excluding paper and staples.

6. Toneris provided according to estimated yield and copy volume within 20% of industry standard 5% density coverage. Toner maybe chargeable if in excess of this range. Tonerwill be shipped UPSoravailable forpickup. Shipping of toner is not included in this agreement.

7. This Agreement shall not apply to repairs required because of accident, misuse, abuse, neglect, theft, vandalism, electrical power source, fire, water, earthquake, orother casualty or damage resulting from re-manufactured or unauthorized supplies and/ormoving by personnel otherthan CBM.

8. This Agreement is nontransferable, non-refundable, and becomes void upon the sale of the equipment. If the equipmentis moved fromthe location set forth above, then atCBM's option this Agreementmay be subject to additional charge or may be terminated. CBMisnot obligated to move equipment. The purchaser also agrees to locale the machine inan easy-access area.

This Agreement excludes computer networking service. A separate agreement is required to include service connectivity to the computer or service is Customer Signature: Date:

CBM MGT. Approval: Date:

SEND PAYMENTS TO: Calinzarnia
Visalia Branch
4260 N. Fresno Street Business Machines 1230-CE. MineralKing Fresno, CA 93726 Visalia, CA93292
(559) 225-5570 • Service 225-5773 (559) 625-1521
chargeable at a rate of $150.00perhour during normalbusiness hours. See "Connected Equipment Addendum" on reverse side.

10. Cremen, or acquies a part one balance for series in there an in tro seven that us an air real you remarrier e administrative fees. A 30day written notice is required by eitherparty to cancel.

11. Intheeventofany actionto enforce terms of this agreement orany collateral agreement hereto, the prevailing party in suchisentitled to alicosts hereof includin easonable attorney's fees. Insuchevent, Customer agreesto appearin Fresno Co., CA Judicial Distric

12. This supersedes and rescinds all previous terms and conditions.

ACCEPTANCE OF MAINTENANCE AGREEMENT
The above specifications, conditions and terms are satisfactory, and are herebyaccepted. You are authorizedto performthe maintenance as specified. Payment will be made as agreed: This Agreement is not valid unless paymentis received and is subject to CBM final approval.

Customer Signature: -Date!
CBM MGT. Approval: Date:

SEND PAYMENTS TO: Califurnia
Visalia Branch
4260 N. Fresno Street Business Machines 1230-CE. Mineral King Fresno, CA 93726 Visalia, CA93292
(559) 225-5570 • Service 225-5773 Ting Grad/Willy Bihensfer Sir Doods (559) 625-1521

CONNECTED EQUIPMENT ADDENDUM TO SALES ORDER
CUSTOMER CUSTOMER# STARTING DATE METER
Exeter City Administration 5922755
ADDRESS PHONE#
137 N F St 559 592-2755
CITY, STATE, ZIP Make Model Serial Number
Exeter, CA 93221 Kyocera TA2554ci
Kyocera TA2554ci
Kyocera TA40041
Ecosys M5526CDW
Ecosys M5526CDW
INSTALL PRINT SYSTEM? Yes T INSTALL SCAN SYSTEM? YeS INSTALL FAX SYSTEM? YeS OPERATING SYSTEM? Windows/Mac NUMBER OF WORKSTATIONS? 10-15 SPECIAL APPLICATIONS? Notes:

WARRANTY
California Business Machines (CBM) will connect configure and test the copier/printer/scan/fax/email device to he network as consists attimeof installation. This connection will be covered underthe Connected Warranty for 90 days from the date of software install. Any service needed after the Connected Warrantyhas expired, will be chargeable at prevailing rates Network problems versus Hardware problems are determined by the ability of Print/Scan/Email/Fax applications to function properly from a single workstation orlaptop.

TERMS AND CONDITIONS

1. For maintaining Connected Equipment, CBM will agree to provide the following:
• Allparts andlabortorrepairs and maintenance necessitatedby normal usage ofthecontroller, memory, printingsystems, hard drives, networkharnesses or cards that are directly attachedtoandpurchased aspartofthebasicsystem. • Support of Drivers and software obtained from CBM or downloaded from the equipment manufacturer.

2. This agreement does not cover:
• Cabling, external wiring, switches, routers etc.
• External Print Controllers
• Service or software reinstallation required after adding equipment or workstations, software updates or new operating systems

3. CBM willprovide technical assistance al standard rate of $150 per hour for any labor required forrepair, reinstallationorservice on anyitems otherthan those stated.

Discountscanbe offered torblocks oftime. Phone supportis offeredat prorated rates.

4. Customer agrees to pay additional $.0025 per scan when scans exceed actual print usage.

5. Customer specifically agrees that NO OTHER representation, conslitutions or warranties other than these set forth specifically in writing herein have been made or have beenintended inthe makingofthisagreement.

INSTALLATION PARTICULARS
Contions. Some Kaocera/roing sheluire we live network connerions scaring st epised fliven elmeriles end is tigereden eigancers berti eel orthemachine location. installations must be within 14 feet oflive data ports unless wireless. Theinstallation must be completed within60 days from the time ofdelive dditional hardware needed to complete installation at time of scheduled appointment will be billed at normalrate Network Installations included with sale generally include the following not to exceed two (2) hours without incurring additional charges:
• Installation of purchased systems andassociated software on one server.

Installation of purchased systems and associated softwareon up to three workstation:

Training for your Network Administrator related to the installation of drivers and utilities and their usage • Training forup to three users related to purchased system and associated software.

The undersigned agrees to the stipulations of the installation warranty.

Customer Signature: Date: 1
CBM MGT. Approval: Date:

City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: F1 X City Council
- Planning Comm.

Wording for Agenda: PUBLIC HEARING to consider an Regular Session:
amendment to the Exeter Land Use Element of the General Plan - Consent Calendar
redesignating approximately 8 acres located on S. Kaweah Ave., Regular Item from the "Industrial" designation to the "Highway Commercial" X Public Hearing designation (APNs 135-190-040, 135-190-036, 135-190-037, and 135-190-039) and introduce and give first reading of Ordinance 707 Review:

Amending Title 17 by adding text amendment 17.30.04 C-H to add "RV park" to the conditionally permitted use list of the CH (Highway City Administrator Commercial) district and Ordinance 708 Amending Title 17 rezoning (Initials Required) property located on S. Kaweah Ave., from the I (Industrial) district to the CH (Highway Commercial) district (APNs 135-190-040, 135-190- 036, 135-190-037, and 135-190-039).

Submitting Department: Planning Department
Contact Name: Greg Collins, City Planner, Tristan Suire, Assistant Planner
Phone: 559- 734-8737
Email: [email protected], [email protected]
Department Recommendation:

Staff recommends that the City Council introduce and give first reading of Ordinance 707 Amending Title 17 by adding text amendment 17.30.04 C-H to add "RV park" to the conditionally permitted use list of the CH (Highway Commercial) district and Ordinance 708 Amending Title 17 rezoning property located on S. Kaweah Ave., from the I (Industrial) district to the CH (Highway Commercial) district. In addition, consider a General Plan amendment redesignating the subject properties from "Industrial" designation to "Highway Commercial" designation for consistency.

Summary:

The City has received a request to construct and operate an RV park on the west side of S.

Kaweah Avenue. Currently, RV parks are not permitted in the City's | (Industrial) district, and therefore the applicant has requested a text amendment to the Zoning Ordinance. The text amendment would add the use "RV park" to the list of conditionally permitted uses in the CH (Highway Commercial) district. The intent of the amendment is to allow the applicant to process their request for an RV park located on property currently zoned for industrial uses, by submitting a Conditional Use Permit application once the property is rezoned. The applicant has requested the subject property to be rezoned from the I (Industrial) district to the CH (Highway Commercial) district. The Industrial district explicitly precludes uses including residences and uses that are not industrial or service commercial in nature. By contrast, the CH (Highway Commercial) district already conditionally permits the use of trailer parks and is intended to provide the traveling public an opportunity to take advantage of the commodities, goods and services offered by the City of Exeter.

Given the proximity to the proposed rezone, and in the interest of providing consistent zoning on either side of State Highway 65, staff is also recommending rezoning and designating two additional parcels (APNs 135-190-037 and 135-190-039) from Industrial to Highway Commercial.

These additional parcels are currently vacant and meet all lot standards of the CH district.

Background and Discussion:

The applicant, Jack Griggs Inc., has applied for a text amendment to the Zoning Ordinance in order to allow the conditionally permitted use of "RV parks" within the Highway Commercial district. The amendment would allow the applicant to submit an application for Conditional Use Permit to operate an RV park within the Highway Commercial district. The Highway Commercial district does not currently permit RV parks, nor are RV parks permitted in any other district within the City of Exeter. The proposed text amendment will also distinguish RV parks (intended for use by tourists) from Trailer parks (intended for long term residential use), which are already permitted within the CH (Highway Commercial) district. See below, outlined in red the existing Highway Commercial district within the City.

City of Exeter Zone Map
The zoning map above shows that the Highway Commercial district is exclusively applied to certain parcels along areas of Visalia Road and Kaweah Avenue. These areas are located along major thoroughfares, and act as commercial corridors with significant levels of vehicular traffic
The applicant has also applied for a Zoning Ordinance amendment and General Plan amendments to change the zoning and General Plan designation of two parcels located west of State Highway 65, approximately 450' south of Firebaugh Avenue, APNs 135-190-040 and 135- 190-036, from the I (Industrial) district to the CH (Highway Commercial) district. The intent of this request is to rezone the subject properties to Highway Commercial so that the applicant is able to submit a Conditional Use Permit to develop and operate an RV park on the site. Staff has included two additional parcels (APNs 135-190-037 and 135-190-039) bordering State Highway 65 to the north, in the proposed rezone in order to promote a consistently zoned Highway Commercial corridor.

The subject property consists of two parcels that are currently vacant. An examination of the site indicates that the current condition of the property is vacant and contains numerous abandoned compressed gas tanks and trucks.

The subject property is bounded by property zoned ML (Light Manufacturing) to the north, as well as over the railroad tracks to the west. To the east is property zoned CH (Highway Commercial), and to the south are City limits, however the General Plan designates the land as "Industrial".

Given that the subject property and the two parcels sharing the highway frontage to the north are all vacant, staff recommends rezoning the entire portion of land to the CH (Highway Commercial) district, both in order to prevent spot zoning and to promote a consistent highway commercial corridor along the southernmost extent of Kaweah Avenue.

The proposed Zoning Ordinance amendment will rezone the following properties from the ML (Light Manufacturing) district to the CH (Highway Commercial) district:
135-190-040 135-190-036
135-190-037 135-190-039
See below outlined in red the proposed properties to be rezoned under Location:

Conclusion:

Staff recommends that the City Council introduce and give first reading of Ordinance 707 Amending Title 17 by adding text amendment 17.30.04 C-H to add "RV park" to the conditionally permitted use list of the CH (Highway Commercial) district and Ordinance 708 Amending Title 17 rezoning property located on S. Kaweah Ave., from the I (Industrial) district to the CH (Highway Commercial) district. In addition, consider a General Plan amendment redesignating the subject properties from "Industrial" designation to "Highway Commercial" designation for consistency. The amendment will permit properties within the Highway Commercial district to operate an RV park subject to the discretion of the Planning Commission.

Facts:

Applicant: Jacks Griggs Inc.

Location: The Zoning Ordinance Amendment and General Plan Amendment will rezone/designate four properties located on the west side of State Highway 65, approximately 450' south of Firebaugh Avenue, north of southern City limits, from I (Industrial) to CH (Highway Commercial).

See below proposed properties to be rezoned:

City of Exeter Zone Map
Request: The applicant is requesting a text amendment to the zoning ordinance to add "RV parks" to the list of conditionally permitted uses, as well as a rezone amendment and General Plan amendment to rezone/designate the subject properties from I (Industrial) to CH (Highway Commercial)
Design: The applicant is proposing to develop the existing vacant lots and will submit the design of the project with a Conditional Use Permit.

Use: The subject property is currently vacant
Site: The site measures approximately 463' on the west side and 424' on the south.

See pictured facing west from State Highway 65 below:

Pictured from above:

Zone: The current zoning is I (Industrial). Development standards for this district are as follows:

Front Yard: 15 feet
Side Yard: 0 feet
Rear Yard: 0 feet
Parking: based on land use
The requested zone is CH (Highway Commercial). Development standards for this district is as follows
Front Yard: 20 feet
Side Yard: 0 feet
Side Yard (Abutting Street): 10 feet
Rear Yard: 0 feet
Parking: based on land use
Gen. Plan: The subject site is designated "Industrial" by the Land Use Element.

Land Use: The site does not contain any existing structures. Surrounding land uses are as follows:

North: Laboratory and vacant land
South: County residential
East: Hotel
West: Railroad and vacant land
Infrastructure: The city engineer indicated that city sewer and water lines are located north along Firebaugh Ave and to the east along State Highway 65 Landscaping: The Committee expressed concern about the water drainage of the RV park.

Staff will ensure that the proposed project submits ample evidence demonstrating the management of water and runoff through the grading and drainage and landscaping and irrigation plans.

CEQA: The proposed project is categorically exempt under the California Environmental Quality Act.

Prior Council/Board Actions: N/A
Attachments: Ordinance 707
Ordinance 708
Recommended motion to be made by Council: I move to:
(1) Introduce and give first reading of Ordinance 707 Amending Title 17 by adding text amendment 17.30.04 C-H to add "RV park" to the conditionally permitted use list of the CH (Highway Commercial) district and Ordinance 708 Amending Title 17 rezoning property located on S. Kaweah Ave., from the | (Industrial) district to the CH (Highway Commercial) district, read by title only, and waiving further reading in full; and (2) Amend the Exeter Land Use Element of the General Plan redesignating approximately 8 acres located on S. Kaweah Ave., from the "Industrial" designation to the "Highway Commercial" designation (APNs 135-190-040, 135-190-036, 135-190-037, and 135-190-039).

ORDINANCE 707
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, BY ADDING A TEXT AMENDMENT TO SECTION 17.30.04 -

C-H, HIGHWAY COMMERCIAL DISTRICT
The City Council of the City of Exeter does ordain as follows:

Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the text of Chapter 17.30, Section 17.30.04 Conditional Uses; and Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Municipal Code is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.

Section 5. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.

Section 6. The City Council of the City of Exeter hereby codifies the amendments made to Chapter 17.30 of Title 17 (CH Zone (Highway Commercial)) attached in Exhibit "A" of this Ordinance.

Text additions are shown in underline format. Text deletions are shown in strikeout format (i.e., strikeout). Changes in text are shown in bold.

The foregoing Ordinance 707 was considered by the City Council of the City of Exeter upon a motion of Council member _ _ second by Council member _ _ at a regular meeting of the Exeter City Council on the 23'd of August 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"
"17.30.04 Conditional Uses
A. Churches and other religious institutions
B. Golf driving ranges; miniature golf; racetracks; riding facilities; and other similar commercial recreational facilities.

C. Public buildings and grounds
D. Trailer parks and courts
E. Car washes
F.RV Parks"
ORDINANCE 708
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, REZONING REAL PROPERTY FROM THE "I" (INDUSTRIAL) DISTRICT TO THE "CH" (HIGHWAY COMMERCIAL) DISTRICT, FOR PARCELS LOCATED ON THE WEST SIDE OF S. KAWEAH AVENUE, ASSESSOR'S PARCEL NUMBERS 135-190-040, 135-190-036, 135-190-037, AND 135-190-039.

The City Council of the City of Exeter does ordain as follows:

Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the Zoning Map of the City of Exeter as shown in Exhibit "A" of this ordinance; and
Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Zoning Map is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.

Section 5. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.

Section 6. The City Council of the City of Exeter hereby codifies the amendments made to the Zoning Map attached in Exhibit "A" of this Ordinance.

The foregoing Ordinance 708 was considered by the City Council of the City of Exeter upon a motion of Council member , second by Council member at a regular meeting of the Exeter City Council on the 23'd of August 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"
City of Exeter Zone Map
18(Sage Sage any Feconta mz71
10 15iM5 gaig Posts -130003/27
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: F2 X City Council
_Planning Comm.

Wording for Agenda: PUBLIC HEARING to introduce and give first Regular Session:
reading of Ordinance 709 Amending Title 17of the Exeter Municipal Consent Calendar Code by adding a text amendment to Section 17.26.04-C-S to add Regular Item "Martial arts studio" to the conditionally permitted use list of the CS X Public Hearing (Service Commercial) district.

Review:

Submitting Department: Planning Department City Administrator Contact Name: Greg Collins, City Planner, Tristan Suire, (Initials Required) Assistant Planner
Phone: 559-734-8737 ake,
Email: [email protected]. [email protected]
Department Recommendation:

Staff recommends that the City Council introduce and give first reading of Ordinance 709 Amending Title 17 of the Exeter Municipal Code by adding a text amendment to Section

17.26.04 C-S to add "Martial arts studio" to the conditionally permitted use list of the CS (Service Commercial) district.

Summary:

The applicant has requested a planning application to amend the list of conditionally permitted uses in the CS (Service Commercial) district. Currently, martial arts studios are not permitted in the CS (Service Commercial) district, and therefore, the applicant has applied for the text amendment to the zoning ordinance in order to provide a pathway for martial arts studios to be conditionally permitted within the CS (Service Commercial) district. The intent of the amendment is to allow the applicant to process their request to operate a martial arts studio on property zoned for Service Commercial uses, by filing for a Conditional Use Permit and business license. The CS (Service Commercial) district is intended to be used for light industrial and heavy commercial operations, however conditionally permitted uses in the district range from churches to veterinarians.

Background and Discussion:

The applicants, Sarah Peltzer and Fabricio Machado, have applied for a text amendment to the Zoning Ordinance in order to allow the conditionally permitted use "Martial arts studio" within the Service Commercial district. The amendment would allow the applicants to submit an application for a conditional use permit and business license to operate a martial arts studio within the Service Commercial district. The Service Commercial district does not currently permit martial arts studios, nor are martial arts studios permitted in any other districts within the City of Exeter (existing facilities are legal non-conforming). The proposed text amendment will also distinguish martial arts studios from "Dance studios and exercise facilities", which are already conditionally permitted within the PO (Professional Office) district. See below, outlined in black, the existing Service Commercial districts within the City.

The zoning map below (under Location) shows that the Service Commercial district is exclusively applied to certain parcels along areas of F, G, and H Streets. These areas are centrally located, and act as a border between the commercial downtown and the industrial corridor along the train tracks.

Conclusion:

Statt recommends that the Exeter City Council introduce and give first reading of Zoning Ordinance 709 amending Title 17 of the Exeter Zoning Ordinance by adding a text amendmen to Section 17.26.04-C-S to add "Martial arts studio" to the conditionally permitted use list of the CS (Service Commercial) district. The amendment will permit properties within the Service Commercial district to operate a martial arts studio subject to the discretion of the Planning Commission.

Facts:

Applicant: Sarah Peltzer and Fabricio Machado
Location: The proposed amendment impacts all properties within the City of Exeter, zoned for Service Commercial uses.

All properties currently zoned CS (Service Commercial) are outlined below on the current zoning map
egend
City of Exeter Zone Map Viewerorte
Request: The applicant is requesting a zoning ordinance text amendment to add "Martial arts studio" to the list of conditionally permitted uses in the CS (Service Commercial) district. This amendment will allow the applicant to process their request to operate a martial arts studio at 221 S. F Street, which is zoned CS (Service Commercial).

Design: The request by the applicant deals solely with the text amendment to the Zoning Ordinance, no project specific design details are relevant.

Use: The sites currently zoned Service Commercial contain a variety of uses, including churches, automotive repair, and residences among other uses.

Site: The zoning ordinance amendment would apply to all thirty-seven (37) lots zoned for Service Commercial uses within the City, all located along F, G, and H Streets on the western periphery of the downtown heart of the City.

Zone: The current zoning is CS (Service Commercial). Development standards for this district are as follows:

Front Yard: 15 feet
Side Yard: O feet
Rear Yard: O feet
Parking: based on land use
Gen. Plan: The subject site is designated "Central Commercial" by the Land Use Element.

Land Use: The site proposed for the project specific application contains a 2,400 square foot building. Surrounding land uses are as follows:

North: RC vehicle hobby shop
South: Single family residential
East: Single family residential, Church
West: Tire repair/replacement
Infrastructure: The subject property is served by a 6" water line and 14" sewer line located in the alley to the northeast, and has curb, gutter, and sidewalk improvements along the public right-of-way in the front, with drop inlets at the corners of the block to an 18" storm drain pipeline underneath F Street.

Landscaping: No new landscaping is proposed, and none is required.

CEQA: The proposed project is categorically exempt under the California Environmental Quality Act.

Prior Council/Board Actions: N/A
Attachments: Ordinance 709
Recommended motion to be made by Council: 1 move to introduce and give first reading of Ordinance 709 amending Title 17 of the Exeter Zoning Ordinance by adding a text amendment to Section 17.26.04 C-S to add "Martial arts studio" to the conditionally permitted use list of the CS (Service Commercial) district, read by title only, and waiving further reading in full ORDINANCE 709
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, BY ADDING A TEXT AMENDMENT TO SECTION 17.26.04 -

C-S, SERVICE COMMERCIAL DISTRICT
The City Council of the City of Exeter does ordain as follows:

Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the text of Chapter 17.26, Section 17.26.04 Conditional Uses; and Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Municipal Code is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.

Section 5. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.

Section 6. The City Council of the City of Exeter hereby codifies the amendments made to Chapter 17.26 of Title 17 (CS Zone (Service Commercial)) attached in Exhibit "A" of this Ordinance.

Text additions are shown in underline format. Text deletions are shown in strikeout format (i.e., strikeout). Changes in text are shown in bold.

The foregoing Ordinance 709 was considered by the City Council of the City of Exeter upon a motion of Council member second by Council member. at a regular meeting of the Exeter City Council on the 23'd of August 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"
"17.26.04 Conditional Uses
A. Public buildings and grounds.

B. Churches and other religious institutions
C. Small- animal boarding, hospitals, clinics, kennels and veterinarians D. Martial arts studio
D. E. All uses permitted in the ML district.

E. E. Other uses that are added to this list by the Planning Director consistent with Chapter 17.02 General Provisions."
City of Exeter
Agenda Item Transmittal
Meeting Date: August 23, 2022
For action by:

Agenda Item Number: F3 X City Council
Regular Session:

Wording for Agenda: Conduct interviews of eligible electors for Consent Calendar District A that have submitted letters of interest to serve; and X Regular Item consideration to Adopt Resolution 2022-37 Providing for the Appointment of Eligible Elector to the Office of City Council District A, _ Public Hearing In-Lieu of Election. Review:

City Administrator
Submitting Department: City Attorney/Administration (Initials Required) Contact Name: Julia Lew, City Attorney
Shonna Oneal, City Clerk
Phone Number: 559-592-9244
Email: [email protected]
Department Recommendation:

Staff recommends that City Council consider options pursuant to Elections Code §10229 as they pertain to the District A seat. An eligible elector may be appointed for the District A seat, because no qualified candidates filed for the seat in District A. The person appointed, shall quality and take office and serve exactly as if elected at a municipal election for the office.

Alternatively, the Council may proceed with the election for District A and accept write in candidates.

Summary:

An option to appoint instead of election is available pursuant to California Elections Code §10229. If the Council chooses to make an appointment in lieu of an election, this will result in a cost savings to the City in not having to incur the printing and administration costs of including those candidates on the ballot. However, if the City Council makes an appointment as allowed by statute, the City Clerk would not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.

Background:

The Candidate Nomination Filing Period for the November 8, 2022, General Election was July 18 through August 12. As of the close of the nomination period on Friday, August 12, 2022, no qualified nomination papers were received for District A. The nomination period was extended until 5:00 p.m., Wednesday, August 17, 2022. Again, no qualified nomination papers were received for District A
Pursuant to Elections Code §10229, the City elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or a special meeting held before the municipal election, adopt one of the following courses of action:
(1) Appoint to the office the person who has been nominated. (2) Appoint to the office any eligible elector if no one has been nominated. (3) Hold the election, if either no one, or only one person has been nominated A notice of the facts described was published in a newspaper of general circulation, The Sun- Gazette, pursuant to Government Code §6061 on Wednesday, August 17, 2022 Options (2) or (3) above are applicable for District A because no person has been nominated.

The City published on its website and Facebook page on August 17, 2022, that Eligible Electors that are registered voters in the City of Exeter and reside in District A and are interested in serving for the term ending in November 2026, to submit a letter of interest for consideration by Tuesday, August 23, 2022, at 12:00 p.m. At the meeting, the Council can consider any letters of interests submitted for District A, conduct interviews of those that are interested, and, if they would like, proceed with appointing to office any eligible elector. If an individual is appointed to District A, they will be installed after the November election, no later than the next regularly scheduled meeting following the presentation of the 28-day canvass of returns.

If the proposed Resolution is adopted and an appointment made, a certified copy of said Resolution will be forwarded to the Tulare County Registrar of Voters Elections Office as notice of cancellation of the November 8, 2022, Election for City of Exeter District A.

Pursuant to Elections Code §10229, the deadline for appointment in-lieu of election is August 25, 2022.

Financial Impact:

By cancelling the election and proceeding with appointment, the election costs will be reduced.

An exact amount will not be known until early next year when invoices are submitted for payment by the Elections office but based on previous elections could be in the range of $2,000.00 to $3,000. The set-up costs for the elections will still have to be paid for District A.

Prior Council/Board Actions: None
Attachments: Resolution 2022-37
Recommended motion options to be made by Council/Board: I move to:
(1) Appoint a specific elector of the City of Exeter, District A (named), and adopt Resolution 2022- 37 subject to minor conforming changes as required by the Election's Office; OR (2) Hold the election for the District A seat.

RESOLUTION 2022-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER

PROVIDING FOR THE APPOINTMENT OF AN ELIGIBLE ELECTOR TO THE OFFICE OF CITY

COUNCIL FOR THIS CITY FOR DISTRICT ATHAT WAS TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022, FOR THE TERM ENDING NOVEMBER 2026 IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE §10229
WHEREAS, pursuant to Elections Code §10229 of the Elections code of the State of California, as of the close of the extended nomination period on August 17, 2022, there is not more than one candidate for the available City Council Seat for District A to be elected; and that Elections Code §10229 allows one of the following courses of action to be taken by the City Council:
(1) Appoint to the office the person who has been nominated. (2) Appoint to the office any eligible elector if no one has been nominated (3) Hold the election, if either no one, or only one person has been nominated WHEREAS, a notice of these facts was published on Wednesday, August 17, 2022, in a newspaper of general circulation pursuant to Government Code §6061.

NOW, THEREFORE, the City Council of the City of Exeter, California, does hereby resolve, declare, determine, and order as follows:

SECTION 1. That pursuant to §10229 of the Elections Code of the State of California, the following action is being taken:

The following person is appointed to the office to which they are nominated:
, Member of the Exeter City Council - District A
SECTION 2. The election scheduled to be held on Tuesday, November 8, 2022, specific to Districts A is now cancelled.

SECTION 3. Pursuant to §10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.

SECTION 4. Pursuant to §10229, Elections Code, the persons appointed will be sworn in no later than the next regularly scheduled City Council Meeting following the presentation of the 28-day canvass of the returns and will take office and serve exactly as if elected at a municipal election for that office, for the remainder of the term ending November 2026.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 23d day of August 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

Deputy City Clerk