EXETER CITY COUNCIL ACTION MINUTES
September 26, 2023
A closed session of the City Council, City of Exeter was held on Tuesday, September 26, 2023, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Justin Mills, Barbara Sally, Jacob Johnson, and Vicki Riddle.
COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Shonna Oneal, and Julia Lew
A. CALL TO ORDER CLOSED SESSION
Mayor Alves called the closed session to order at 6:30 p.m.
B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Mayor Alves requested those who wish to speak on matters listed on the Closed Session Agenda to do so at this There were no public comments presented.
C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):
Mayor Alves adjourned to closed session at 6:30 p.m.
1. 54956.95 Consideration of Liability Claims
Claimant: Jose Cristian
Claimed Against: City of Exeter
A regular session of the City Council, City of Exeter was held on Tuesday, September 26, 2023, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Justin Mills, Barbara Sally, Jacob Johnson, and Vicki Riddle.
COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, Shonna Oneal, John Hall, Eekhong Franco, and Christina Arias
D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) Mayor Alves called the regular session to order at 7:00 p.m. City Attorney Julia Lew reported on a motion by Council Member Sally, seconded by Mayor Pro Tem Mills and unanimously carried to reject the claim submitted by Jose Cristian.
E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Mayor Pro Tem Mills and an invocation was given by Pastor Zoll.
F. SPECIAL PRESENTATIONS:
a. Resolution of Commendation - Public Works Director introduced the item and Mayor Alves presented Dan Espinola with resolution of Commendation.
b. Ceremonial Swearing In - City Clerk Shonna Oneal administered the oath of office to Finance Director Eekhong Franco.
G. PUBLIC COMMENTS:
Victoria Camilleri addressed the council to express concerns for traffic congestion and excessive speed on North Crespi Avenue.
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 2, September 26, 2023
Ralph Diaz addressed the council to thank the council for their work and to express concerns for traffic congestion on F Street and Sequioa Drive and the intersection on F Street and Marinette Avenue Troy Staib addressed the council to express his concerns for children's safety due to traffic congestion at Exeter Union High School.
Pamela Whitmire addressed the council to request a joint workshop for the Planning Commission and City Council.
H. CONSENT CALENDAR:
It was moved by Council Member Sally, seconded by Council Member Riddle, and unanimously carried that the items on the Consent Calendar be approved as presented.
1. Approve regular minutes of September 12, 2023
2. Payment of Bills
3. Payroll September 15, 2023
4. Treasurer Report: June 2023
5. Adopt Resolution 2023-27 Delegating Authority to File and Make Decisions on Applications for Disability Retirement to the City Administrator.
6. Reject all bids received in response to RFB 23-005, the Glaze Avenue Cape Seal and Microsurfacing Project (SB 1 FY 23 Cape Seal and Micro Surfacing Project) and authorize staff to re-advertise the RFB with the corrected specifications and bid item schedule.
I. INDIVIDUAL BUSINESS ITEMS:
1. Presentation and discussion of status of the entrance/exit sign to Downtown Exeter by the Exeter Kiwanis. City Administrator Adam Ennis introduced the item. Mr. Ennis introduced Jon Stearns and Charles Duby of the Exeter Kiwanis Club. Mr. Stearns and Mr. Duby provided an update on the status of the entrance/exit sign to Downtown Exeter by the Exeter Kiwanis. Following discussion, no action was requested or taken.
2. Discussion and consideration of City participation in the Tulare County Economic Development Corporation. City Administrator Adam Ennis and Airica De Olivera of the TCEDC provided a report for Council's review and consideration. Council posed questions and Mr. Ennis and Ms. De Olivera provided responses thereto. Following discussion, it was moved by Council Member Sally, seconded by Mayor Pro Tem Mills and carried 4-1 (Council Member Riddle voting no) to approve to increase annual contributions to $5,000 and provide direction to staff on whether to include the cost in upcoming budgets.
3. Receive information regarding the 2023 Audit of the City's Southern California Edison accounts.
Public Works Director Daymon Qualls provided a report highlighting the findings for the 2023 audit of the City's Southern California Edison Accounts. Following discussion, no action was requested or taken.
4. Authorize the City Administrator to execute a 1-year agreement with Exeter Unified School District for the School Resource Officer Program for a fee of $10,264.25 per month for a total of $123,171.00 per annum payable to the City of Exeter subject to final minor conforming changes acceptable by the City Attorney; Approve the addition of a new police officer to meet the requirements of the SRO Agreement; Amend the personnel allocation to reflect this change; And allocate $123,171 to the personnel budget of the Police Department. Police Chief John Hall provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Riddle, seconded by Council Member Sally and unanimously carried to authorize the item as presented.
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 3, September 26, 2023
5. Presentation of City staffing cost estimates, debt elimination, dissolution and committee options for the Landscape and Lighting Maintenance Assessment Districts and provide direction to staff regarding future maintenance for all City of Exeter Landscape and Lighting Maintenance Assessment Districts. City Administrator Adam Ennis provided a PowerPoint presentation highlighting items of discussion and City Attorney Julia Lew provided a report for Council's review. Council posed questions and Mr. Ennis, Ms. Lew, and Public Works Director Daymon Qualls provided responses thereto. Following discussion, it was moved by Mayor Pro Tem Mills, seconded by Council Member Riddle and unanimously carried to authorize the formation of an advisory ad hoc committee per Council district, authorize staff to solicit bids for LLMAD districts and City Parks, and return to City Council for formation of an oversight standing committee at a future council meeting.
J. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest. Mayor Alves requested that a special meeting be scheduled with planning commission and a separate special meeting with the school board.
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City related items. Public Works Director Daymon Qualis provided an update on public works projects. Police Chief Hall provided an update on Police Department related items.
L. ADJOURN REGULAR MEETING
Mayor Alves adjourned the regular meeting at 9:50 p.m.
Christina Arias, Deputy City Clerk
CITY OF EXETER
9/29/2023 13: 2 STEM
9/29/2023 Payments for Publication GL335R~V08.19 PAGE
Approved on 9/20/2023 for Payments Through 9/20/2023
Vendor Name Description Amount
CARD MEMBER SERVICES ADOBE ANN SUB 8,046.22
** Final Totals... 8,046.22
AVENU FINANCIAL SYSTEM CITY OF EXETER
9/29/2023 14:49:41 Payments for Publication GL335R-V08.19 PAGE Approved on 9/18/2023 for Payments Through 9/18/2023
Vendor Name Description Amount
EMD NETWORKING SERVICES, INC. SEPT MONTHLY BILLING 2,753.60 ** Final Totals.. 2,753.60
AVENU FINANCIAL SYSTEM CITY OF EXETER
9/25/2023 14:26:58 Payments for Publication GL335R-V08.19 PAGE Approved 9/21/2023 for Payments Through 9/21/2023
Vendor Name Description Amount
ADVANCED CAREER INSTITUTE GARY ALDRIDGE DRIVING 4,662.50 AFLAC AUGUST 2023 AFLAC 3,050.88
AT&T PD LIVE SCAN 8/1-8/31/23 399.33
AT&T MOBILITY W-08/03-09/02/2023 404.37
BASIC SEPT 2023 COBRA FEE 32.09
BATTERY SYSTEMS, INC FT 410 571.67
BLUE SHIELD OF CALIFORNIZ 10/01-10/31/23 37,612.86
BSN SPORTS FLAGS FOR FALG FOOTBALL 392.87
BUZZ KILL PEST CONTROL CH PEST CONTROL 42.00
CAL APPAREL PEE-WEE FOOTBALLS 06.3
CALIFORNIA BUSINESS MACHINES PD MONTHLY CONT 9/09-10/
CENTRAL VALLEY FORENSIC VICTIM/ SUSPECT EXAM 1,800.00
CHRISTINA ARIAS MILAGE REIMB 24.37
CITY OF VISALIA FY23/24 HAZ MAT SHARE 1,277.61
CIVICPLUS, LLC ANNUAL SUB FEE 5,110.66
CONSOLIDATED ELECTRICAL DISTRI 100A 4T SETY 2,836.24
CSJVRMA ORKERS COMP PROGRAM 109,606.00
EMD NETWORKING SERVICES, INC. ICOLE CHAMBER SET U 270.00 EMPLOYER DRIVEN SOLUTIONS AUGUST CLAIMS 9,177.87
FP MAILING SOLUTIONS 9/15-12/14/23 POST BAS :09.8
GRANT'S AIR CONDITIONING & IRE DEPT DIAGNOSTI :80.0
GUTIERREZ TREE CARE 1 PALM TREE TRIMMING CITY 3,650.00
JIM MANNING DODGE INC DODGE UTILITY TRUCK 81,580.99
LIEBERT CASSIDY WHITMORE PRELIMINARY REVIEW 696.00
LUPE GARCIA UB REFUND 36.8
MOORE TWINING ASSOCIATES, INC TITLE 22[10 DAY] 1,054.00
QUIROZ/PATRICK BOOT ALLOWANCE REIM
ROMAN CATHOLIC BISHOP ARROYO DONATION 8/31/23
SELF-HELP ENTERPRISES RIVAS, ALONDRA 36,172.1
SOUTHERN CALIFORNIA EDISON 7269A-7/25-8/22/23 23,656.50 TALLEY OIL INC FY 23 RECLAMITE 6,175.00
US BANK N.A. AUG 23 CUSTODY CHARGES 37.00
VALLEY EXPETEC OCT MONTHLY 9,577.68
VERIZON WIRELESS PD-07/29-08/28 1,175.09
WIRELESS INTERNET SERVICE, INC. WIRELESS INTERNET
Final Totals... 800,130.65
AVENU FINANCIAL SYSTEM CITY OF EXETER
9/26/2023 11:43:19 Payments for Publication GL335R-V08.19 PAGE Approved on 9/25/2023 for Payments Through 9/25/2023
Vendor Name Description Amount
BUSZ KILL POST CONTROL TRAILER ROTO MIXX 603.44
ADMIN | PEST CONTROL 84.00
CRAIGS AUTO PARTS DELO GREASE 847.64
DELTA LIQUID ENERGY, ARRO AUTO 9/03/23 ALDRIDGE FUEL 78.67 EXETER IRRIGATION & SUPPLY 2" SCH40 PVC PIPE, Si 760.72 PUMP ASY-WAT 3,358.68
FORGED CUSTOM WENDING 1 7/8 PIPE 2"
1, 958.06
GOLDSTROM/ NORM AUGUST 23 MILAGE 69.43
HIGH SIERRA LUMBER CO. 80 LB CONCRETE MIX 341.49
JIMS STEEL SUPPLY, LLO 1-1/2 X 1-1/2 ANGLE 20' 126.35
JORGENSEN COMPANY FIRE EXT AMX 1,702.59
MID VALLEY DISPOSAL, LIC AUG 23 MID VALLEY 102,772.64
PACE SUPPLY CORP. 1*60 TYPE K SOFT COPPER 3,312.66
PROTECH MECHANICAL CONTRACTORS JULY 23 FUEL 1,347.08
PRUDENTIAL OVERALL SUPPLY 9/14/23 UNIFORM CLEANING 278.34 SIMMONS TIRE SERVICE 255/50R 17 GOODYEAR 1,678.64
TOLBERT / GAVIN NORTH KAWEAH 1,300.00
UNITED RENTALS BLADE, DI ASPLT 260.98
UNIVAR SOLUTIONS USA INC SOD HYPO 12.5% 2,649.16
VALLEY GREEN LANDSCAPE AUGUST 2023 CITY PARK 12,190.00
VERIZON WIRELESS PW-07/29-08/28/23 228.06
VOLLMER EXCAVATION, L.P. LOW SIDE END DUMP HOURS 4,920.27 ** Final Totals...
DAYROLL.. RUN-09/28/2023 09.29.50 PAGE
CHECK FORM CHEK SHECEREGISTER PR311R-V14.20 Paymate
PERIOD 3 DATING 9/11/2023-9/24/2023 CHECK DATE 9/29/2023
IRECT DEPOSIT IS TURNED OR
CHECK CHECK CHECK
NUMBER AMOUNT NAPLOYEE/BANK/ VENDOR CODE SEQ
1405. 147.69 COLMAN/ DEWABNESEMENT UN 228 1 VENDOR CHECK 1406 143.14 HOWELL/MATTHEW
1407 HUGHES /CADON
1408 404.11 HUTCHESON/AVRIE
1409 128:83 MORAL/BLANKE
1410
1411 MILLER/IVY
1412 TAYLOR/ANDREW
TOTALS FOR CHECK FORM: CHEK
NEGOTIABLE CHECKS COUNTS
1,467.9: EMPLOYEE CHECK
63.6 VENDOR CHECK DONO
0.00 *BANK CHECKS
1,531.61 **TOTAL NEGOTIABLE CHECK:
OTHER CHECKS
0.00 MANUAL CHECKS
CANCELLED CHECK
1,531.61 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0.00 *DIRECT DEPOSIT STUBS 00
0.00 *VENDOR DIR DEP STUBS
AYRK FORM STUB BIECKERECISTE . S BI-WEEKL RUN-09/28/2023 09.29.50 PAGE CHECK PR311R-V14.20 Paymate
DERECT DEPOSIT IS /URN2D 3- 9/24/2023 CHECK DATE PERIOD 3 DATING 9/29/2023
CHECK CHECI EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
51746 695.00 EXOTER POLICE OFFICER AS 3 VENDOR STUB ONLY 51747 600.00 ONLY
51748 199.32 EXETER POLICE OFFICER AS 3A JB ONLY
51749 2,140.95 ARIAS/CHRISTINA 730
51750 4,801.18 ENNIS/ADAM 206
51751 2,910.31 ONEAL/SHONNA N 203
51752 1,169.70 CARTER/AMY JO 502
51753 1,421.82 CORREA/BIANCA 630
51754 2,347.23 MILLER/CATHEY RENE 734
51755 211.94 SANCHEZ/CESILIA 307
51756 1,639.32 SANTOYO/AIDE G 710
51757 2,296.88 FRANCO / EEKHONG 304
51758 1,716.51 PHILLIPS/ZACHARY 705
51759 1,465.81 CARRETERO/VANESSA 402
51760 2,738.81 DURKEE/MARK 404
51761 1,517.95 FELIX/ESTEVAN 704
51762 3,277.20 GIEFER/MICHAEL DAVID 438
51763 1,599.88 GRANT / AIMEE 738
51764 1,076.57 GRAY /DAIZY 717
51765 3,647.69 HALL/JOHN T 406
51766 2,420.24 HAYES/CURTIS W 437 STUB
51767 2,757.30 HIFNER/CHRISTOPHER 736 STUB
51768 2,777.58 INGLEHART/BRETT A 411 STUB
51769 2,472.88 LUJAN/ JOSHUA 715 STUB
51770 1,599.76 MARX/CHRIS 706 STUB
51771 1,535.82 ROCHA/CRISTINA 731 STUB ON T.Y
51772 1,663.64 SAKAGUCHI/CLAUDIA D 726 STUB
51773 1,933.68 SHIELDS/ZION 708
51774 1,685.52 VILLARREAL/ISTDRO 707
51775 1,925.40 WINTER/JARED 735
51776 3,371.99 YARBER/ ISABEL 422
51777 1,350.44 ALDRIDGE /GARY 618
51778 1,457.71 ARROYO/MARIE 623
51779 1,812.39 ESPINOLA/DANIEL M 602
51780 341.03 GOLDSTROM/NORMAN 629
51781 1,652.86 HUGGINS/KYLE AARON 621 iiiiiiiiiiiiiiiiiii 51782 3,062.28 QUALLS / DAYMON 607
51783 1,654.12 RAMIREZ/ JUAN 608
51784 1,331.26 RIVERA/RYAN 733
51785 914.52 WENDT/EDDIE 626
51786 1,551.03 GARVER/ELIJAH 712
51787 1,647.48 MILLAN/MARCUS 622 GALAAAHS
51788 1,499.94 MILLER/JAMES 624
51789 377.94 MIRWALD/PHILIP 625
51790 1,266.69 QUIROZ/PATRICK P 512
51791 2,033.80 PRIDEAUX/TRACI 448
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: H4 X City Council
Wording for Agenda: Authorize the City Administrator to execute a Regular Session:
purchasing agreement with Portable Restroom Trailers of Lake Wylie, South Carolina for the purchase of a 2 Station Restroom Trailer, in the X Consent Calendar Regular Item
— Public Hearing
Submitting Department: Police Review:
Contact Name: John Hall, Chief of Police
Phone Number: (559) 592-3103 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:
Authorize the City Administrator to execute a purchasing agreement with Portable Restroom Trailers for the purchase of a 2 Station Restroom Trailer, in the amount of $40,690.00.
Summary:
Officers of the Exeter Police Department (EPD) are required to attend regular training sessions several times a year to qualify with their duty weapons as part of their established duties. It is rightfully expected by the Community that their Officers are well trained and proficient when it comes to the use of force and the employment of firearms. The Department is extremely fortunate in that it has its own established firearms range which can be used for these training needs. The range previously had an office which included a bathroom, however several years ago that structure had to be demolished due to its condition and age. With the water well having gone dry, there are no current plans to rebuild a permanent structure at the range. The current bathroom facility at the range is limited to the traditional portable bathroom design typically seen at various events.
This traditional portable bathroom design is not suitable for long term use at the range due to its continuous environmental exposure. Wildlife of various forms routinely inhabit the portable bathroom and despite best efforts to keep it regularly cleaned and maintained, it is frequently found to be unusable due to the extensive amount of cobwebs, dirt, debris, insects, and rodents which are regularly found to be inside. These conditions arise due to a number of factors which include but are not limited to: the very design of the bathroom does not allow itself to be easily secured against entry by wildlife, and insects; dirt, cobwebs, insects, etc. can easily inhabit and takeover the space inside the bathroom; extreme weather conditions and temperature changes make the portable bathroom inhospitable at various times of the year.
In searching for a more suitable solution, it is recommended by City Staff that the portable bathroom be replaced with a bathroom trailer. These trailers are more durable and can more readily be secured against wildlife, insects, and adverse environmental conditions. Furthermore, they are much more sanitary for use, especially when compared with the traditional portable bathroom. Currently the range has both electrical and septic capabilities which would allow for the trailer to be placed and used there on a semi-permanent basis.
An additional benefit to the purchase of a bathroom trailer for use at the range, is the easily transportable design which would allow for city staff to move the trailer without use of special equipment. This bathroom trailer could then be moved and used during special events, critical incidents, and other situations as needed.
While the various options for bathroom trailers are plentiful, City Staff is recommending the purchase of a two unit bathroom trailer which would adequately meet the needs of Department personnel at the range and critical incidents, while being fiscally responsible in terms of overall expense. Several vendors were contacted, and prices obtained for a bathroom trailer as described.
Portable Restroom Trailers provided a quote of $40,690.00. Ready 2 Go Restroom Trailers has provided a quote of $40,900.00. Luxlav LLC provided a quote of $41,500.00.
City Staff recommends we enter into a purchasing agreement with Portable Restroom Trailers for the purchase of a 2 Station Restroom Trailer, in the amount of $40,690.00.
Fiscal Impact: Funds for this purchase are currently available through ARPA.
Prior Council/Board Actions: None.
Attachments: Quotes from Portable Restroom Trailers, Ready 2 Go Restroom Trailers, and LuxLavs LLC
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute a purchasing agreement with Portable Restroom Trailers of Lake Wylie, South Carolina for the purchase of a 2 Station Restroom Trailer, in the amount of $40,690.00.
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
Exeter Police Department
Purchase Quote
2 Station Restroom Trailer
- Affordable Advantage Series
Season Heat Package
AMERICA'S PASTEST GROWING 9/20/23
ne
000
DIDATE COMPARED
Portable Restroom Trailers, LLC
WOSB Certified
Modater Sun Enear
Disadvantaged, Small Business Enterprise PORTAblE RESTROOM DUNS: 806679325 TRAilERS, LLC
CAGE Code: 4VAL5 portablerestroomtrailers.com
Te Fun Th Side Suard
TIN: 46-4031428
NAICS: 56291
WHY CHOOSE
PORTABLE RESTROOM
Prepared For TRAILERS, ELC?
John Hall
Buy Back Policy
Exeter Police Department Largest In-stock New/Used
[email protected] Inventory
Over 8 Manufacturers
Special Financing Programs
Quote good for 7 business days;
Certified WOSB
Subject to availability: Verified Goagle
5-Star Company
Locations Nationwide
Created By
Turn-key Rental Inventory
Ron Gerino
Made in the USA
[email protected]
2 Station Restroom Trailer
- Affordable Advantage Series
- 3 Season Heat Package
PANE: ELECTRIC
URINAL
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
2 Station Restroom Trailer - Affordable Advantage Series - 3 Season Heat Package Specs:
• Model Year: Newest Model
Stations: 2
Toilets: 2
Urinals: 1
Sinks: 2
• Laundry: No
Fresh Water Tank (Gallons): 100
Waste Tank (Gallons): 370
Water Heater: Yes
Mechanics Room: Yes
• Box Length: 11'
A/C Unit Type (BTU): 13.5
• A/C Unit Count: 1
• Water Supply: City Water- Pressurized Water System- Garden Hose • Power Supply/Cords: (3-4) 30 Amp Cords
Motion Sensor Step Lights: No
3 Season Heat Package
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
Pricing
Name Price QTY Subtotal
$37,400.00 1 $37,400.00
2 Station Restroom Trailer -
Affordable Advantage Series - 3
Season Heat Package
*Available Now
*Subject to Availability
Freight-Approximate to Zip 93221 $3,290.00 1 $3,290.00
Subtotal $40,690.00
Discount $0.00
Tax $0.00
Total $40,690.00
**This new unit has a 12 Year trailer manufacturer warranty on the roof membrane, a 1 year trailer manufacturer warranty on the trailer, and a 1-3 year warranty on Individual appliances. Registration details are provided by their individual appliance manufacturers and are located in the component binder located in the mechanics room on the backside of the trailer.
PORTAblE RESTROOM
TRAiLERS, LLC
Mobile Restroom Trailers
1-877-600-8645
[email protected]
Ready2Go Restroom Trailers Sales LLC
1525 Park Manor Blvd. #300
Pittsburgh, PA 15205 US ##5 READY2GO
[email protected] RESTROOM TRAILERS SALES LLC Estimate
ADDRESS SHIP TO ESTIMATE # 1131
John Hall, Chief of Police John Hall, Chief of Police DATE 09/22/2023 Exeter Police Department Exeter Police Department EXPIRATION DATE 10/20/2023 100 N. C Street 100 N. C Street
Exeter, CA 93221 Exeter, CA 93221
TRACKING NO.
Ready Now_405643
PRODUCT DESCRIPTION QTY RATE AMOUNT SKU
UL12 - 2 INTERIOR 1 34,900.00 34,900.00
Station • Lockable Aluminum Base
Cabinet
• Rust-Free Aluminum Countertop
• Stainless Steel Sink
• Auto-Shutoff Sink Faucets
• Soap Dispensers
• Paper Towel Dispensers
• Toilet Paper Holders
• Shatter Proof Mirror
• Ceramic Pedal lush Toilet
• Waste Basket
• Sanitary Supply Receptacle
(Women's Restroom Module Only)
• Auto Flush Ceramic Urinal
(Men's Restroom Module Only)
• Smooth, Aluminum PolyCor®
Interior
Walls & Ceiling
• Non-Skid Black Rubber Coin
Floor
• 12v LED 6" Round Dome Lights
(4 per)
EXTERIOR
• Fold-Up Steps with Handrail
• Wall Mounted Aluminum Railings
• 12v LED Porch Lights
• 3" Quick Connect Waste Tank
Valve
• Waste Tank Level Indicator
(Sight Glass)
• City Water Hook-Up
• Scissor Jacks
MECHANICALS
WWW.READY2GORESTROOMTRAILERS.COM
PRODUCT DESCRIPTION QTY RATE AMOUNT SKU
• Roof Mounted A/C with Heat Strip
• Wall Mounted Thermostat
• On-Board Fresh Water System
(105 Gallons)
• 6 Gallon Electric Water Heater
• PEX Manifold Water Distribution
System
• 120V 30-amp Motor base with
Twist Lock
• 120V 30 amp 25' Shoreline
• Polyethylene Waste Tank (3/8"
Walls)
• White Vinyl Walls In Mechanical
Closet
UL - Heater in restroom (2) 1
Heater per
room
Freight Transport of Restroom/Shower/ or 1 6,000.00 6,000.00 Specialty Trailer
VIN VIN#7VOW1121XPE405643 1
Number - Year: 2023
Info Make: Wells Cargo / UltraLav
Model: UL612-2
Trailer is In-Stock and ready to ship. SUBTOTAL 40,900.00 TAX 0.00
TOTAL $40,900.00
Accepted By Accepted Date
WWW.READY2GORESTROOMTRAILERS.COM
QUOTE #
012RT20230920AL
LUXLAV Date: 9/20/2023
L Quate is good until unit is sold.
QUOTATION
Bill To: Delivery Address
Name: Exeter Police Department Name: Exeter Police Department Address: 100 N C St Address: 100 N C St
City, State: Exeter, CA City, State: Exeter, CA
Zip: 93221 Contact: John Hall. 559.671.0531
Email: [email protected]
102 A OI 2 RESTROOM TRAILER (2 STALL)
INTERIOR STANDARD FEATURES
Smooth durable white fiberglass interior with composite backer | 12 Volt LED lighting - (2) lights per room | Lockable base cabinets | Solid surface countertops with molded sinks | Waste basket cut outs and waste baskets | Lockable inside steps | Self closing faucets Soap dispensers | Paper towel dispenser | Toilet paper holders | Ceramic China pedal flush toilets | Waterless urinal (men's restroom only) | Sanitary Napkin receptacles (women's restrooms only) | Shatterproof mirrors | Heavy duty door closers | 1 Piece transit grade flooring | Climate control sensor inside restroom
EXTERIOR STANDARD FEATURES
Large 32" heavy duty entrance doors | Occupancy lighting | 1 Piece roof | Smooth durable white fiberglass exterior | Porch lights w/ switch at all entry doors | Fold down steps with swing-out grab handles | 3" quick connect waste tank access valve | LED waste tank indicator | HDPE waste tanks | 1" wash out plug | City water connection | 30 amp marine-style power cord | Roof mounted Air Conditioner w/ heat strip | Climate control center mounted in control room | Insulated walls and ceiling | Torsion axle | Aluminum wheels | E-rated trailer specific tires | Full license plate frame with light | Fresh water fill/diverter (either hydrates the unit or fills the fresh tank) | Courtesy light above Control Room door | E coated frame | Powder coated aluminum trim | 7k tongue jack | Stabilizer jacks on all (4) corners - scissor jacks on the front and swing downs on the rear
LUX
ALL PHOTOS ARE FOR REPRESENTATION ONLY
OPTIONAL ITEMS, DELIVERY, AND TOTAL COSTS
Configured Price: $ 37,000.00
1) 2024 LuxuryLav A Ol 2 Stall PRIVATE Restroom Trailer. All Standard Options Applied, A elf-Contained, Browntone Interior, A/C & Heat - All Seamless Fiberglass Exterior, Al General Specifications and Layout attached. VIN: 129BU1212R1598300 - Make: Optimus Subtotal: $ 37,000.00 Industries - Model: 01-2
Freight based on current gas prices (ships from Elkhart, IN) $ 4,500.00 J & B LUXLAYS. LLC PROUD MEMBER OF FINAL PAYMENT
J& B LuxLavs GSA Contract Holder $41,500.00
26919 Kanis Road, PO BOX 241157
Little Rock, AR 72223 Govemment info: DUNS # 079378560 | CAGE: 740A3 Andy Luna, Cell-909.964.1621 SA= 470SWA2000070/ TID: 4655086991 SBA Please sign in acceptance of this proposal, terms, and all the above components. Trailer is ready to ship. All trailers are sold on a first- come, first-served basis only. Final payment now due
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: H5 X City Council
Wording for Agenda: Approve a closure of the public parking lot located between CACHE and the Dale Sally Memorial Water Tower Regular Session:
Park for a Trunk or Treat event to be hosted by CACHE on October X Consent Calendar 30, 2023, with barricades in place at north and south entrances Regular Item between the hours of 5:00 p.m. and 9:00 p.m., and subject to the Public Hearing conditions as presented.
Review:
Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director (Initials Required) Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council approve a closure of the public parking lot located between CACHE and the Dale Sally Memorial Water Tower Park for a Trunk or Treat event to be hosted by CACHE on October 30, 2023, with barricades in place at north and south entrances between the hours of 5:00 p.m. and 9:00 p.m., and a fee waiver for the $150 special event application fee.
Summary/Background:
With the continued desire to serve the children of our community, CACHE is looking to provide a safe alternative to door-to-door trick or treating with a Trunk or Treat activity. Although the event is the day before Halloween, group organizers expect a large turnout. Volunteers for CACHE will park their decorated vehicles in parking stalls prior to barricades being put in place, to create a safe pedestrian-only environment for children to navigate after dark.
CACHE will be responsible for the coordination of additional trash carts from Mid Valley Disposal and the cost encumbered for all post event clean up, including the removal of all solid waste. Restrooms outside the Center will be open for attendees.
Fiscal Impact: None. The event is free for the public to attend and has minimal staff time involved.
Prior Council/Board Actions: None
Attachments: Facility use application
Fee waiver request
Certificate of liability - will need to provide endorsement two weeks prior to the event.
Recommended motion to be made by Council/Board: I move to approve the request for a closure of the public parking lot located between CACHE and the Dale Sally Memorial Water Tower Park for a Trunk or Treat event to be hosted by CACHE on October 30, 2023, with barricades in place at north and south entrances between the hours of 5:00 p.m. and 9:00 p.m., and subject to the conditions as presented.
AKETER
FACILITY USE APPLICATION
Application Date: 10-2-29
Facility Requested: 10-30-23 Date(s) Needed: 10-30-23
Reason for Use: TRUNK OR TREAT
Equipment Needed: NONE
Set up time: 5:00pM Departure time: 9:00 pM
Event start time: 6: 30 pri Event end time: 8:30pvn
Name of
Organization: CACHE (CENTER FOR ART, CULTURE, HISTORY)
Address: 125 5. B (PARKING LOT IN REAR)
City: EXETEN _State: CA Zip: 9922
FACILITY USE POLICY
The following rules and regulations will be STRICTLY adhered to and enforced. Any infraction thereof shall be grounds for the immediate termination of the activity.
1. The Undersigned must comply with Tulare County Health Department's COVID-19 guidelines and restrictions. Any event being held at or on City Facilities must first receive approval from the Tulare County Health Department. Proof of approval must be provided to City at time of application.
2. Users may utilize picnic benches and arbor owned by the City of Exeter and administered by the Exeter Community Services Division. Users must furnish additional equipment as needed. Table settings, kitchen utensils, etc. must be provided by the applicant. All tabletop and benches must be wiped clean and returned to its original place.
3. Nails, thumbtacks, pins, etc. ARE NOT allowed on the arbor structure or lights. ONLY MASKING TAPE MAY BE USED TO ATTACH DECORATIONS TO THE FACILITY. All decorations must be removed at the conclusion of the event.
4. Driving on grass at City Facilities is strictly prohibited.
5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.
6. REPAIR COSTS: DAMAGES TO ANY STRUCTURE, EQUIPMENT OR GROUNDS ARE THE RESPONSIBILITY OF THE GROUP AND/OR INDIVIDUAL SIGNING FOR THE USE OF THE FACILITY. A PORTION OF, OR THE TOTAL DEPOSIT, MAY BE RETAINED FOR THE REPAIRS, CUSTODIAL OR REPLACEMENT PURPOSES. THE APPLICANT WILL BE BILLED FOR DAMAGES OVER THE AMOUNT OF THE DEPOSIT. A DEPOSIT OF $100 WILL BE REQUIRED.
7. Groups consuming ALCOHOLIC BEVERAGES MUST CONFORM TO THE RULES AND REGULATIONS AS SET FORTH in Chapter 5.08 of the Exeter Municipal Code and MUST APPLY FOR AN ALCOHOLIC BEVERAGE PERMIT through the Exeter Parks and Recreation Department, at least five (5) working days in advance.
INSURANCE & WAIVERS
General Llability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 0001 in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.
Workers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Indemnity/Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and
costs of litigation ("claims"), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to himself/herself (including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that he/she may experience or incur in connection with attendance at the facility. Participant hereby releases, covenants not to sue, discharges, and holds harmless the City of Exeter, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
Participant understands and agrees that this release, to the fullest extent permitted by law, includes any claims based on the actions, omissions, or negligence of the City of Exeter, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending a facility program or activity.
I have read the Facility Use Policy and do hereby certify that I have been duly authorized by the above-named organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set for the herein and that we agree to observe all rules and procedures as stated.
Print Name of Applicant:
EATRICIA L: SPOTT.
Signature of Applicant: Date: 10-2-23
Primary Phone Number(s): 584-542-9411
Approved by: 737-1083 com
Print Name: Print Name:
Signature: Signature:
For City Use Only: Rental Fec: Deposit Fec: Dac Paid:
Cash or Check: fritials: Cert. Of ins. Receired. if required:
Pase 3 nf 3
The
Center
CACHE for Art
Culture
&History
EXETER
October 4, 2023
City of Exeter
RE: Waiver of closure fee of $150
To whom it may concern:
CACHE is requesting a waiver of the $150 closure fee for the parking lot in the rear of the CACHE building for the October 30th Halloween event.
This is strictly for children and to provide a safe activity for the community and enhance the quality of living in our City.
Past lit
Patty Spott, Secretary
Center for Arts, Culture and History-Exeter
BOARD of
DIRECTORS
Dwight Miller
President
Robyn Stearns
Vice President
Laurie Hamilton
Treasurer
Patty Spott
Secretary
Kelsey Gilles
Jim Tyler
125 South B Street • Exeter, California, 93221 • 559-592-5900 [email protected] • www.cach-exeter.org
EXETE08 OP ID: JA
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsementS). 559-592-9411
NSE Insurance Agencies, Inc. NO, No, ExI: 559-592-9411 (AC. No): 559-592-5059 United Valley Insurance Svcs
160 South D St., P.O. Box 704
Exeter, CA 93221
Patty L. Spott INSURERS) AFFORDING COVERAGE 3010AC*
INSURERA: Hartford Underwriters Ins. Co.
INSURED INSURER B :
Center for Arts, Culture and History-Exeter
P.O. Box 253 INSURER C:
Exeter, CA 93221
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERN ‹CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM
INSR ADDL SUBR
LTR TYPE OF INSURANCE INSD WYD POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY 2,000,000
EACH OCCURRENCE
CLAIMS-MADE OCCUR x 51SBABA2JD4 9/19/2023 09/19/2024 P $ 1,000,000 MED EXP (Any one person) $ 10,000
2,000,000
PERSONAL & ADV INJURY $
4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PECT 4,000,000
POLICY LOC PRODUCTS - COMP/OP AGG $
LOTHER: COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea accident
ANY AUTO BODILY INJURY (Per person)
AUTOS ONLY
ARES ONLY er accident $
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
STATUTE I
Y/ N
E.L. EACH ACCIDENT
andatory in Ni _E.L. DISEASE - EA EMPLOYEE S
DYSCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Trunk or Treat Event. Certificate holder is additional insured.
CERTIFICATE HOLDER CANCELLATION
EXETE-5
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
EXPIRATION NOTICE WILL BE DELIVERED II
City of Exeter
P O Box 237
Exeter, CA 93221 AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: H6 X City Council
Wording for Agenda: Approve a request from Jason Moule Regular Session:
representing Exeter Fire Station #11 for a street closure of F St. between the City Public Parking Lot and Palm Street to host the X Consent Calendar Regular Item
South Valley Battle of the Badges Blood Drive at 137 N. F St. between the hours of 3:00 p.m. - 7:00 p.m. on Friday November 10, Public Hearing 2023
Review:
Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director (Initials Required) Phone Number: (559) 592-3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council approve the request from Jason Moule representing Exeter Fire Station #11 for a street closure of F St. between the City Public Parking Lot and Palm Street to host the South Valley Battle of the Badges Blood Drive at 137 N. F St. between the hours of 3:00 p.m. - 7:00 p.m. on Friday November 10, 2023.
Summary/Background:
Exeter Fire Station #11 and their affiliates will join other fire and law enforcement agencies for a friendly blood drive competition. Members of the community are encouraged to come out and support our local agencies by donating blood which is desperately needed in our local hospitals.
While keeping the public parking lot open, a street closure is requested from the public parking lot approach to Palm Street to provide a safe environment for donors and allow the public to view fire trucks and visit vendor booths which will be located on F St. This event is free to the public and donors will receive prizes which have been donated by local businesses. City staff will provide the necessary traffic control. The public restrooms and street trash receptacles will be used with City staff emptying the trash receptacles and professional cleaning of the restrooms after the event.
Fiscal Impact: Minimal staff time providing road closure barricades, and professional cleaning of the public bathrooms.
Attachments: Street Closure Application
Amplified Sound Permit Application
Recommended motion to be made by Council/Board: I move to approve this street closure request as presented.
City of City of Exeter Street Closure Application
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax.# 559-592-3516
EXETER
PROTECTING, PRESERVING,
AND PROMOTINC
SMALE TOWN AMERICA
Date of Event: /1-10:23
Name of group requesting street closure: Exeter Fire
Name of contact person: Wyatt Figueira Phone: (554) - 909-4445 Mailing address: Email :_
Alternate Contact Person: Phone_
Mailing Address: Phone:
Type ofevent: Battle of the Badges Blas Drive
Time of closure: 3:00 pM until 7.00 pm
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
between City Hall parky lot
and Palm St
I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
I have been provided a copy of the City of Exeter Street Closure Application Attachment for insurance/waiver requirements and COVID information and understand my responsibilities.
I understand my $50 application fee is nonrefundable and if my event needs to be rescheduled, I will not be required to pay a second application fee. spice signature get desi Date 10/2/23
Office use: ************* ********: *************************************** Fee paid
Public Works Director Chief of Police
Council Approval:
City of City of Exeter
100 North C Street
Exeter, CA 93221
Pf.#559-592-3103 Fax# 559-592-3346
EXETER
PROTECTING, PRESERVING
AND PROMOTING
SATE TOWN AMERICH
Title 5, Chapter 5.48 -
(10) days nor more than sixty (60) days prior to the date of the assembly, parade or meeting.
A copy of this permit must be at the operating premises of the amplifying equipment for which this permit is issued.
Name of Applicant Jason Moule Phone No. _
Address Exeter Statin "|
Name of Organization Exe ter Five Station Phone No. _
Address Station I1 1.37 N. F8
Type of Event BLOUD Drive Location of Event Laty Ha! Parkery lot Date of Event 1L-1). 23 Start Time 3:00 End Time 7:00 F Fire stati
Type of equipment to be used Am plates SounD- DJ
Additional Information
_ HEREBY AGREE TO ABIDE BY ALL PROVISIONS
SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES OF THE CITY OF EXETER.
Wyattken
Appucant Signature -
Date
1] Permit Denied
- [ ] Permit Approved
Chief of Police (THIS OUTSIDE AMPLIFIER PERMIT HAS BEEN APPROVED City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: H7 _X City Council
Wording for Agenda: Approve a request for a street closure of B St. between Pine St. and Rocky Hill Drive for the Southern Sierra Regular Session:
Cyclists' Swap Meet, beginning at 12:00 p.m. November 12, 2023, X Consent Calendar and ending at 5:00 p.m., subject to the conditions presented by staff. Regular Item bli Hearing
Submitting Department: Public Works Review:
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 City Administrator
Email: [email protected]
(Initials Required)
Department Recommendation:
Staff recommends that Council approve a request for a street closure of B St. between Pine St. and Rocky Hill Drive for the Southern Sierra Cyclists' Swap Meet, beginning at 12:00 p.m. November 12, 2023, and ending at 5:00 p.m., subject to the conditions presented by staff.
Summary/Background:
Southern Sierra Cyclists is made up of cycling enthusiasts from Exeter and many neighboring communities. Members are looking to provide an opportunity to sell cycling gear, bikes, and bicycle parts to beginner cyclists or those looking for a bargain. All items for sale will be associated with the sport of cycling. The event is free for the public to attend, with proceeds of sales going to the respective seller. Club organizers hope to grow this event to an annual fall event in Exeter, with future events including children safe riding activities.
Terms and Conditions:
1) The City of Exeter will post temporary road closure signs 72 hours prior to the event and provide road closure barricades for the event. Event organizers will remove barricades and place them in designated areas for City staff to remove the following business day. 2) Event guests will utilize CACHE building bathrooms.
3) The event host is responsible for coordinating with Mid Valley Disposal for waste collection ervices and for post event clean up. The expenses encumbered for any additional tras arts necessary for the removal of solid waste will be the responsibility of the event hos 4) The event host is responsible for providing an insurance certificate and endorsement satisfactory to the City a minimum of two weeks prior to the event.
Event Time: 1:00 p.m. - 4:00 p.m.
Fiscal Impact: None to the City.
Prior Council/Board Actions: None
Attachments: Southern Sierra Cyclists' Request of Street Closure Southern Sierra Cyclists' Certificate of Liability
Recommended motion to be made by Council/Board: I move to approve the request for a street closure of B St. between Pine St. and Rocky Hill Drive for the Southern Sierra Cyclists' Swap Meet, beginning at 12:00 p.m. November 12, 2023, and ending at 5:00 p.m., subject to the conditions presented by staff.
City of Exeter Street Closure Application
350 N1 Firebaugh - PO Box 237, Exeter C1 03221
Ph #159-5923318 Fax # 559 092-3516
TE
Date of Event: N
Name of group requesting street closure:]
Name of contact person in Phone: __
Mailing address: 2a — Email:
Alternate Contact Person: Detenti iShes tZ. Phone 521131.430 Mailing Address Phone:
Type of erent:
Time of closure: until
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional poges if necessarr)
cientetty pulsiberanit
_ have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
46 have been provided a copy of the City of Exeter Street Closure Joplication Machment for insurance/waiver requirements and COVID information and understand my responsibilities.
¿ 6• I understand my 550 application fee is nonrefundable and if my event needs to be rescheduled. I will not be required to pay a second application fee.
Applicant Signature: Date
Ortice use kerr
Bonard
Public Works Director
Chict o! Peice
Council Approval
EXETER
STREET CLOSURE APPLICATION ATTACHMENT
INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage, and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.
Workers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Indemnity/Hold Harmless Agreement: Undersigned shali indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, iliness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to himself/herself (including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that he/she may experience or incur in connection with attendance at the facility. Participant hereby releases, covenants not to sue, discharges, and holds harmless the City of Exeter, its employees, agents, and representatives, of and from the claims, including ail liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
Participant understands and agrees that this release, to the fullest extent permitted by law, includes any claims based on the actions, omissions, or negligence of the City of Exeter, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending a facility program or activity.
I have read the Street Closure Request Application Attachment and do hereby certify that / have been duly authorized by the organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set forth herein and that we agree to observe all rules and procedures as stated.
Print Name of Applicant: landlauret
Signature of Applicant: Date: 9-18-32
Primary Phone Numbers): 551. 479. 5445 Email: (ger:1119576 yellin
DATE (MM/DD/AYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE 09/19/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PHONE FA>
American Specialty Insurance & Risk Services, Inc. (A/C. No. Ext): (A/C, No):
E-MAIL
dba A.S.I.R.S.I. Insurance Agency (CA License #0E72661) ADDRESS:
7609 W. Jefferson Blvd., Suite 100 INSURERS) AFFORDING COVERAGE Fort Wayne IN 46804 INSURERA: Arch Insurance Company
INSURED INSURER B:
League of American Wheelmen dba League of American Bicyclists INSURER C:
1612 K Street NW, Suite 1102 INSURER D:
INSURER E:
COVERAGES CERTIFICATE NUMBER: 1002173203
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
LTR TYPE OF INSURANCE INSP WR POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) s Excluded
A SBCGL0054506 02/01/2023 02/01/2024 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 PRO
POLICY EC* LOC PRODUCTS - COMP/OP AGG $ 5.000.000
X OTHER: OTHER
AUTOMOBILE LIABILITY COMBINED SINGLE LIME
Ea accident
ANY AUTO BODILY INJURY (Per person) s
OWNED SCHEDULED BODILY INJURY (Per accident) s
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
WORKERS COMPENSATION STATUTE T
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBEREXCLUDED? NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S
BAS OPERATIONS below E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) - Coverage applies to SOUTHERN SIERRA CYCLISTS, 557 KEVIN LANE, PORTERVILLE, CA 93257. • The Certificate Holder shall be an Additional Insured, but only with respect to the operations of the Named Insured, and subject to the provisions an imitations of Form CG 2026 Additional Insured - Designated Person or Organization, but only with respect to SWAP MEET on November 12, 2023
CERTIFICATE HOLDER CANCELLATION
City of Exeter, its employees and agents SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
Drew Sant
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by
Agenda Item Number: H8 X City Counc
Regular Session:
Wording for Agenda: Authorize the City Administrator to execute a X Consent Calendar sole source, two-year agreement with Able Industries, Inc. of Visalia, Regular Item CA, in an amount not to exceed $6,000 annually, to provide - Public Hearing landscape maintenance and litter removal services for the Belmont Bike Path. Review:
Submitting Department: Public Works ital Requiretor
Contact Name: Daymon Qualls, Public Works Director
Phone Number: 592-3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council authorize the City Administrator to execute a sole source, two- year agreement with Able Industries, Inc. of Visalia, CA, in an amount not to exceed $6,000 annually, to provide landscape maintenance and litter removal services for the Belmont Bike Path.
Summary:
Since the construction of the Belmont Bike Path in 2020, there has not been a contract in place for landscape maintenance services. Public Works staff has attempted to maintain the area, but limited staffing has made it difficult to allocate sufficient time for adequate maintenance levels.
For this reason, staff desires to establish a contract with Able Industries, Inc. to provide landscape maintenance and litter removal services for the Belmont Bike Path. Irrigation repairs will continue to be performed by City staff.
Background:
Able Industries, Inc., is a 501(c)3 based in Visalia, California that offers a variety of services to adults with disabilities. Able Industries, Inc. (formerly known as Tulare County Training Center) has been the vendor for citywide janitorial services for the City of Visalia for nearly 20 years. Able Industries, Inc. also provides a variety of landscape maintenance, janitorial, and litter removal services for the City of Farmersville. Both cities have been very pleased with the services provided by Able Industries, Inc.
There is legislation which allows the City to award this contract to Able Industries, Inc. without going through a formal bid process. The California Welfare and Institutions Code, Section 19403-19404 states that a city can award a contract without advertising for bids if the contract is to be awarded to a public or private, non-profit organization that provides workshops and work programs for the Disabled. Able Industries, Inc. meets all the requirements of this legislation.
In addition, Able Industries is able to provide this service at a reduced rate due to being exempt from the prevailing wage rate requirements (SB7) and receiving State subsidies. This results in substantial cost savings to the City.
Fiscal Impact: These services will be paid for with Local Measure R funds.
Prior Council/Board Actions: None
Attachments: Belmont Bike Path - Landscape Maintenance Services Agreement Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute a sole source, two-year agreement with Able Industries, Inc. of Visalia, CA, in an amount not to exceed $6,000 annually, to provide landscape maintenance and litter removal services for the Belmont Bike Path.
CITY OF EXETER
BELMONT BIKE PATH - LANDSCAPE MAINTENANCE SERVICES AGREEMENT WHEREAS, the City of Exeter, is desirous to contract for landscape maintenance service of the City's Belmont Bike Path; and
WHEREAS, the City of Exeter is not capable of performing the duties with current staffing levels; and WHEREAS, the City of Exeter and Able Industries have entered into an agreement for such services under the following terms and conditions:
1. The parties herein agree that ABLE Industries, Inc. will be responsible for the monthly maintenance of the City's Belmont Bike Path.
2. It is further agreed among the parties herein that ABLE Industries, Inc. is and shall be an Independent Contractor of the City of Exeter and is not subject to employee provisions of employment.
3. It is further agreed that this agreement shall be effective on October 11, 2023 and shall be fully operative and binding on all parties until October 10, 2025.
4. Parties agree to the requirements set forth in "Exhibit I" of this agreement in regards to the responsibilities of both parties.
5. The City of Exeter shall pay ABLE Industries, Inc. a monthly fee to perform said services as set forth in "Exhibit I" of this agreement.
6. Additional Services: If the City of Exeter requests ABLE Industries, Inc. to perform any services or to provide materials other than those specified in this agreement, the City shall pay for such additional services or materials on a time and materials basis.
7. Payment for services: The City of Exeter shall pay ABLE Industries, Inc. within 30 days of receipt of invoice for the previous month's services. It is understood that invoices received after the 1s* of the month may be delayed for payment.
Access: The City of Exeter agrees to allow the agents and representatives of ABLE Industries, Inc. to have access to the specified landscape maintenance areas at any time during regular working hours, for the sole purpose of performing the aforementioned services.
9. Entire Agreement: This Agreement, and "Exhibit I" ABLE Industries, Inc. Service Proposal and Fees, represent the entire Agreement between the City of Exeter and ABLE Industries, Inc., and supersedes any prior written or oral representations.
10. The parties are bound by this Agreement and any documents incorporated herein so far as they relate in any way, directly or indirectly, to the services, equipment and materials furnished by ABLE Industries, Inc. for the City of Exeter. To the extent the language in this Agreement and in any Exhibit or documents incorporated herein conflict, the language in this Agreement shall prevail.
11. The term of this Agreement shall commence as of the date of October 11, 2023 and shall continue in full and effect for two (2) years. Either the City of Exeter or ABLE Industries, Inc. can terminate this agreement, in whole or in part, at any time. The terminating party shall give a thirty (30) day prior written notice to the other party.
12. Indemnity: ABLE Industries, Inc. shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with ABLE Industries, Inc. 's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. It is the intent of the parties that ABLE Industries, Inc. will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.
This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
In an emergency affecting the safety of life or limb, work site, or any property, ABLE Industries, Inc. is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Exeter in any emergency, the ABLE Industries, Inc. shall unconditionally comply therewith.
With respect to the performance of work under this agreement, ABLE Industries, Inc. shall maintain and shall require all of its subcontractors to maintain insurance as described below.
13. Insurance
General Liability:
ABLE Industries, Inc. shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A combination of a general liability policy and excess liability policies may be utilized to achieve these limits. ABLE Industries, Inc. 's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
Auto Liability:
ABLE Industries, Inc. shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
Workers' Compensation:
ABLE Industries, Inc. shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). ABLE Industries, Inc. shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ABLE Industries, Inc. shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to the City, Attention:
City Administration Office
100 N. C Street
EXETER, CA 93221.
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claim made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. ABLE Industries, Inc. shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when ABLE Industries, Inc. has a claim made form(s). If ABLE Industries, Inc., for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the ABLE Industries, Inc. resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to ABLE Industries, Inc., City may deduct from sums due to ABLE Industries, Inc. any premium costs advanced by City for such insurance.
ABLE Industries, Inc. shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.
This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions, contained therein, may be within public policy and enforceable.
Note : the selected firm(s) shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.
14. Attorney Fee and Costs: If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in the Litigation determined by the court in that litigation or in a separate action brought for that purpose.
15. Venue and Jurisdiction: The parties agree that this Agreement is entered into and to be performed in Tulare County, California. If any legal proceeding or other legal action relating to this Agreement is brought or otherwise initiated, the venue shall be the Tulare County Superior Court, located in Visalia, California which shall be deemed a convenient forum, and to the fullest extent permitted by law waive the removal provisions of California Code of Section 394. The parties to this Agreement expressly and irrevocable consent and submit to the jurisdiction of the courts of the State of California.
16. Successors and Assigns. This Agreement may not be assigned nor delegated by either party without the written consent of the other party.
17. Ambiguities: Each party and its legal counsel have participated fully, or had the opportunity to participate fully, in the review and revisions of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party
18. Partial Invalidity: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
This is entered into effect this 11" day of October, 2023 by the parties herein below mentioned.
Title Date
City of Exeter
Title Date
ABLE Industries, Inc.
"EXHIBIT I"
ABLE Industries, Inc. Proposal and Fees
able
empowerment. Independence. employment.
Service Proposal & Agreement
Date: 8/22/23
Customer: City of Exeter
Location: Belmont Bike Path
Attn: Damon Quails [email protected]
I. Contractor Responsibilities
A. ABLE agrees to provide and complete all services described under the attached Scope of Work.
B. ABLE agrees to provide all labor and equipment agreed upon with customer.
Il. Customer Responsibility
A. Customer agrees that ABLE is not responsible for cleaning up blood, bodily fluid spills, food waste or any biohazardous waste.
B. The customer agrees to provide working water and electrical for use of contractor.
C. When applicable: Customer agrees to provide secure storage for contractor's equipment if agreed to leave on site of customer's facility.
Customer agrees to contractor having access to the facility during service days and hours. If no access is available, the contractor will not service the facility.
D. The customer agrees to contact the supervisor listed if any problems occur. Joseph Plazola (559) 697-9737
IlI. Period of Agreement and Service Times
A. New service agreement will commence TBD
B. Regular service times will be 1x weekly for 1 hour at each location.
Total of 2 locations. Between the hours of: 6:00am - 12:00pm.
Able will provide the following crews: 1
One Instructor and three trainees
2505 N Shirk Rd., Visalia, CA 93291
(559) 651-8150 Fax (559) 667-4445
www.ableinc.org
• able
empowerment. independence. employment.
IV. Cost of Service
A. Customer agrees upon the price of $90.00 an hour for service.
B. This price is an estimate any changes are to be put in writing and signed off by customer.
C. ABLE observes all major holidays and does not service unless requested. If the customer chooses service on an observed holiday, an additional $37.50 per hour charged for service hours.
V. Contractor Insurance Coverage
D. ABLE carries their own insurance, including but not limited to, general commercial liability, worker's compensation, and automobile coverage with limits sufficient to cover ABLE's obligations under this agreement, and a copy of the Certificate of Liability Insurance is available upon request.
Proposai Estimate
Service price for 1 crew @ $90.00 hour.
Clean up bike trail 1hr weekly
Monthly service $360.00
:Trash / Litter Removal,
Lite Pruning of Trees and
Shrubs, Weed
Abatement.
2505 N Shirk Rd., Visalia, CA 93291
(559) 651-8150 Fax (559) 667-4445
www.ableinc.org
• able
empowerment. independence. employment.
PROPOSAL ACCEPTANCE
City of Exeter
Co Daymon Qualls
Director of Public Works
By signing below, you agree to the terms and pricing set forth in our proposal. We thank you for the opportunity to provide you with excellent service, care, and professionalism.
Name: Title:
Signature: Date:
ABLE INDUSTRIES, INC.
Name: Ramas Camarena Tito: CES Program Manager
signatue On Date: 8/22/23
Name: Brandi Totty Title: Controller
Date: 8170/23
2505 N Shirk Rd., Visalia, CA 93291
(559) 651-8150 Fax (559) 667-4445
www.ableinc.org
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: H9 X City Council
Regular Session:
Wording for Agenda: Authorize the City Administrator to execute a X Consent Calendar sole source, two-year agreement with Able Industries, Inc. of Visalia, Regular Item CA, in an amount not to exceed $6,000 annually, to provide - Public Hearing maintenance and litter removal services for the Visalia Road Landscape Medians. Review:
City Administrator
Submitting Department: Public Works (Initials Required) Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council authorize the City Administrator to execute a sole source, two- year agreement with Able Industries, Inc. of Visalia, CA, in an amount not to exceed $6,000 annually, to provide landscape maintenance and litter removal services for the Visalia Road Landscape Medians.
Summary:
Since the completion of the Visalia Road Improvement Project in 2022, the landscape medians have been under a one-year plant establishment and maintenance period. During this period the medians have been maintained by WABO Landscape and Construction, Inc., the contractor who installed the landscaping on the Visalia Road project. With that contractual maintenance period expiring, the City will be required to assume the landscape maintenance responsibilities. With limiting staffing levels in the Public Works department, staff desires to establish a contract with Able Industries, Inc. to provide landscape maintenance and litter removal services for the Visalia Road Landscape Medians. Irrigation repairs will continue to be performed by City staff.
Background:
Able Industries, Inc., is a 501(c)3 based in Visalia, California that offers a variety of services to adults with disabilities. Able Industries, Inc. (formerly known as Tulare County Training Center) has been the vendor for citywide janitorial services for the City of Visalia for nearly 20 years. Able Industries, Inc. also provides a variety of landscape maintenance, janitorial, and litter removal services for the City of Farmersville. Both cities have been very pleased with the services provided by Able Industries, Inc.
There is legislation which allows the City to award this contract to Able Industries, Inc. without going through a formal bid process. The California Welfare and Institutions Code, Section 19403-19404 states that a city can award a contract without advertising for bids if the contract is to be awarded to a public or private, non-profit organization that provides workshops and work programs for the Disabled. Able Industries, Inc. meets all the requirements of this legislation.
In addition, Able Industries is able to provide this service at a reduced rate due to being exempt from the prevailing wage rate requirements (SB7) and receiving State subsidies. This results in substantial cost savings to the City.
Fiscal Impact: These services will be paid for with Local Measure R funds.
Prior Council/Board Actions: None
Attachments: Visalia Road Landscape Medians - Landscape Maintenance Services Agreement
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute a sole source, two-year agreement with Able Industries, Inc. of Visalia, CA, in an amount not to exceed $6,000 annually, to provide landscape maintenance and litter removal services for the Visalia Road Landscape Medians.
CITY OF EXETER
VISALIA RD LANDSCAPE MEDIANS - LANDSCAPE MAINTENANCE SERVICES AGREEMENI WHEREAS, the City of Exeter, is desirous to contract for landscape maintenance service of the City's Visalia Road Landscape Medians; and
WHEREAS, the City of Exeter is not capable of performing the duties with current staffing levels; and WHEREAS, the City of Exeter and Able Industries have entered into an agreement for such services under the following terms and conditions:
1. The parties herein agree that ABLE Industries, Inc. will be responsible for the monthly maintenance of the City's Visalia Road Landscape Medians.
2. It is further agreed among the parties herein that ABLE Industries, Inc. is and shall be an Independent Contractor of the City of Exeter and is not subject to employee provisions of employment.
3. It is further agreed that this agreement shall be effective on October 11, 2023 and shall be fully operative and binding on all parties until October 10, 2025.
4. Parties agree to the requirements set forth in "Exhibit I" of this agreement in regards to the responsibilities of both parties.
5. The City of Exeter shall pay ABLE Industries, Inc. a monthly fee to perform said services as set forth in "Exhibit I" of this agreement.
6. Additional Services: If the City of Exeter requests ABLE Industries, Inc. to perform any services or to provide materials other than those specified in this agreement, the City shall pay for such additional services or materials on a time and materials basis.
7. Payment for services: The City of Exeter shall pay ABLE Industries, Inc. within 30 days of receipt of invoice for the previous month's services. It is understood that invoices received after the 1st of the month may be delayed for payment.
8. Access: The City of Exeter agrees to allow the agents and representatives of ABLE Industries, Inc. to have access to the specified landscape maintenance areas at any time during regular working hours, for the sole purpose of performing the aforementioned services.
9. Entire Agreement: This Agreement, and "Exhibit I" ABLE Industries, Inc. Service Proposal and Fees, represent the entire Agreement between the City of Exeter and ABLE Industries, Inc., and supersedes any prior written or oral representations.
10. The parties are bound by this Agreement and any documents incorporated herein so far as they relate in any way, directly or indirectly, to the services, equipment and materials furnished by ABLE Industries, Inc. for the City of Exeter. To the extent the language in this Agreement and in any Exhibit or documents incorporated herein conflict, the language in this Agreement shall prevail.
11. The term of this Agreement shall commence as of the date of October 11, 2023 and shall continue in full and effect for two (2) years. Either the City of Exeter or ABLE Industries, Inc. can terminate this agreement, in whole or in part, at any time. The terminating party shall give a thirty (30) day prior written notice to the other party.
12. Indemnity: ABLE Industries, Inc. shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with ABLE Industries, Inc. 's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. It is the intent of the parties that ABLE Industries, Inc. will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.
This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
In an emergency affecting the safety of life or limb, work site, or any property, ABLE Industries, Inc. is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Exeter in any emergency, the ABLE Industries, Inc. shall unconditionally comply therewith.
With respect to the performance of work under this agreement, ABLE Industries, Inc. shall maintain and shall require all of its subcontractors to maintain insurance as described below.
13. Insurance
General Liability:
ABLE Industries, Inc. shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A combination of a general liability policy and excess liability policies may be utilized to achieve these limits. ABLE Industries, Inc. 's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required
Auto Liability:
ABLE Industries, Inc. shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
Workers' Compensation:
ABLE Industries, Inc. shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). ABLE Industries, Inc. shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ABLE Industries, Inc. shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to the City, Attention:
City Administration Office
100 N. C Street
EXETER, CA 93221.
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claim made policy is used, contract term, when ABLE Industries, Inc. has a claim made form(s). If ABLE Industries, Inc., for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the ABLE Industries, Inc. resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to ABLE Industries, Inc., City may deduct from sums due to ABLE Industries, Inc. any premium costs advanced by City for such insurance.
ABLE Industries, Inc. shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.
This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions, contained therein, may be within public policy and enforceable.
Note : the selected firms) shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.
14. Attorney Fee and Costs: If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in the Litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to its cost for the litigation including expert witness fees and a reasonable sum as and for its attorney's fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.
15. Venue and Jurisdiction: The parties agree that this Agreement is entered into and to be performed in Tulare County, California. If any legal proceeding or other legal action relating to this Agreement is brought or otherwise initiated, the venue shall be the Tulare County Superior Court, located in Visalia, California which shall be deemed a convenient forum, and to the fullest extent permitted by law waive the removal provisions of California Code of Section 394. The parties to this Agreement expressly and irrevocable consent and submit to the jurisdiction of the courts of the State of California.
16. Successors and Assigns. This Agreement may not be assigned nor delegated by either party without the written consent of the other party.
17. Ambiguities: Each party and its legal counsel have participated fully, or had the opportunity to participate fully, in the review and revisions of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party
18. Partial Invalidity: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
This is entered into effect this 11" day of October, 2023 by the parties herein below mentioned.
Title Date_
City of Exeter
Title Date
ABLE Industries, Inc.
"EXHIBIT I"
ABLE Industries, Inc. Proposal and Fees
able
empowerment. Independence. employment.
Service Proposal & Agreement
Date: 8/22/23
Customer: City of Exeter
Location: Visalia Road Medians
Attn: Damon Qualls [email protected]
I. Contractor Responsibilities
A. ABLE agrees to provide and complete all services described under the attached Scope of Work.
B. ABLE agrees to provide all labor and equipment agreed upon with customer.
Il. Customer Responsibility
A. Customer agrees that ABLE is not responsible for cleaning up blood, bodily fluid spills, food waste or any biohazardous waste.
B. The customer agrees to provide working water and electrical for use of contractor.
C. When applicable: Customer agrees to provide secure storage for contractor's equipment if agreed to leave on site of customer's facility.
Customer agrees to contractor having access to the facility during service days and hours. If no access is available, the contractor will not service the facility.
D. The customer agrees to contact the supervisor listed if any problems occur. Joseph Plazola (559) 697-9737
Ill. Period of Agreement and Service Times
A. New service agreement will commence TBD
B. Regular service times will be 1x weekly for 1 hour at each location.
Total of 2 locations. Between the hours of: 6:00am - 12:00pm.
Able will provide the following crews: 1
One Instructor and three trainees
2505 N Shirk Rd., Visalia, CA 93291
(559) 651-8150 Fax (559) 667-4445
www.ableinc.org
able
empowerment. independence. employment.
IV. Cost of Service
A. Customer agrees upon the price of $90.00 an hour for service.
B. This price is an estimate any changes are to be put in writing and signed off by customer.
C. ABLE observes all major holidays and does not service unless requested. If the customer chooses service on an observed holiday, an additional $37.50 per hour charged for service hours.
V. Contractor Insurance Coverage
D. ABLE carries their own insurance, including but not limited to, general commercial liability, worker's compensation, and automobile coverage with limits sufficient to cover ABLE's obligations under this agreement, and a copy of the Certificate of Liability Insurance is available upon request.
Proposal Estimate
Service price for 1 crew @ $90.00 hour.
Clean up road median 1hr weekly
Monthly Service $360.00
: Trash / Litter Removal, Lite Pruning
f Trees and Shrubs, Weed Abatemen
lowing off Paved Areas, General Clean-u
2505 N Shirk Rd., Visalia, CA 93291
(559) 651-8150 Fax (559) 667-4445
www.ableinc.org
• able.
empowerment. independence. employment.
PROPOSAL ACCEPTANCE
City of Exeter
Cc Daymon Qualls
Director of Public Works
By signing below, you agree to the terms and pricing set forth in our proposal. We thank you for the opportunity to provide you with excellent service, care, and professionalism.
Name: Title:
Signature: Date:
ABLE INDUSTRIES, INC.
Name: Ramas Camarena Tile: CES Program Manager
_ Date: 8/22/23
Name: Brandi Totty Title: Controller
Date: 8178/83
2505 N Shirk Rd., Visalia, CA 93291
(559) 651-8150 Fax (559) 667-4445
www.ableinc.org
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: 11 X City Council
Wording for Agenda: Authorize Tulare County to use the remaining two years of the full 5-year formula of the Permanent Local Housing Regular Session:
Allocation (PLHA) on rehabilitation of the Mt. Whitney Senior Consent Calendar Housing in Lindsay and the City Administrator to execute any other X Regular Item related documents Public Hearing
Review:
Submitting Department: Administration
Contact Name: Adam Ennis, City Administrator City Administrator Phone Number: (559) 592-9244 (Initials Required)
Email: [email protected]
-
Department Recommendation:
Staff recommends that Council authorize Tulare County to use the remaining two years of the full 5-year formula of the Permanent Local Housing Allocation (PLHA) on rehabilitation of the Mt.
Whitney Senior Housing in Lindsay and the City Administrator to execute any other related documents.
Summary:
On June 8, 2021, the Council authorized Tulare County to apply for the full 5-year formula application for the PLA on the City's behalf for use on the affordable rental project Los Arroyos to be located in Farmersville since the City of Exeter did not have a project ready for this allocation. As part of the agreement a stipulation was added that if all 5 years of the PLHA funding was not needed for the Farmersville project, the County, in consultation with the City, would make alternate, PLHA compliant, site selections.
In September of 2023, City staff were contacted by the County and Self-Help Enterprises to discuss the PLHA funding. Based on the progress of the Los Arroyos project it appears that only the first three years of the full 5-year allocation is going to be needed for that project. Per the agreement, the County began looking for another site for the remaining funding and proposed the rehabilitation of the Mt. Whitney Senior Housing facility in Lindsay. It is anticipated that the next year's funding is coming up soon so they are trying to act quickly. Since the City Planner has been working on the update to the City's Housing Element, staff requested that the County and Self-Help housing grant staff meet with the City Planner, Tristan Suire, to discuss potential sites in Exeter for a project. However, many of the sites identified would require parcel maps/lot line adjustments, rezones, or other added steps that evidently made them suboptimal for the PLA program. However, Self-Help indicated that Exeter is ideal for building a multi-family housing project and will be on the lookout to develop a site and eventually build a project here with future funding.
Background:
The California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOFA) for approximately $195 million in funding for the Permanent Local Housing Allocation (PLHA) program for Entitlement and Non-entitlement Local governments. The NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019.
Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorized the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their communities.
For the 2019-20 fiscal year, the Department issued two separate NOFAs to award the (PLA) funds:
1) Entitlement and Non-entitlement Local government formula component NOFA; and 2) Non-entitlement Local government competitive component NOFA (anticipated in August 2020)
The Entitlement and Non-entitlement formula allocation NOFA outlines threshold and application requirements, as well as defines the method in which funds will be distributed for Entitlement and Non-entitlement Local governments. Ninety percent of the money will be allocated based on the formula used under Federal law to allocate CDBG funds within California, as specified in Title 42 United States Code (USC), Section 5306 and will be distributed to Entitlement Local governments and Non-entitlements local governments via a competitive grant program. Non-entitlement Local government allocations come from ten percent of the moneys available and allocated equitably among Non-entitlement local governments. Allocations are distributed on an annual basis in response to an application defining the eligible planned use of funds for five years.
Eligible activities include:
1) Predevelopment, development, acquisition, rehabilitation and preservation of multifamily, residential live work, rental housing that is affordable to extremely low-, very low-, or moderate- income households, including necessary operating subsidies. 2) Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADU's shall be available for occupancy for a term of no less than 30 days.
3) Matching portions of funds into local or regional housing trust fund 4) Matching portions of funds available through the Low- and Moderate Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176
5) Capitalize reserves for Services connected to the preservation and creation of new permanent supportive housing
6) Assist persons experiencing or At risk of homelessness, including, but no limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people o obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permeant anc transitional housing.
7) Accessibility modifications in Lower-income Owner-occupied housing. 8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments 10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or equal or greater investment in the project.
The proposed plan must describe the manner in which the allocated funds will be used for eligible activities. Describe the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60% of AMI. Describe how the Plan is consistent with programs set forth in the City's Housing Element. Be authorized and approved by resolution, and ensuring the public had adequate opportunity to review and comment on the contents of the Plan. The annual allocation for the City of Exeter is $97,819 for a five-year total of $589,562. The City of Exeter did not have a development planned that would be an eligible project nor the resources available to create a project for this program within the time constraints for the funding so the following plan was proposed.
The City of Exeter's proposed five-year plan activities include:
1) Providing financing for the development of Farmersville Village, a 108 unit affordable multifamily project serving households with incomes at or below 60% of AMI. 2) Five-percent of each annual allocation can be used to cover administrative cost associated with the administration of the plan. Staffing and overhead cost directly related to carrying out the eligible activities are "activity costs" not subject to the cap on "administrative cost."
The development of affordable housing in the County is a benefit to the City being served and the surrounding community. The proposed project will provide one, two and three bedroom units, which will provide housing for families, seniors on fixed incomes, and households that are at-risk of homelessness. Resident services will be provided on-site, including an after school program for children, financial literacy and homeownership counseling, and a variety of health and wellness activities. Additionally, SHE will work to set-aside some units as Permanent Supportive Housing for households experiencing homelessness or at-risk of becoming homeless. Overall, affordable housing is needed throughout Tulare County, and use of funds allocated to the City of Exeter is a good demonstration of support and collaboration for the neighboring City of Farmersville and Tulare County.
The application and approved five-year plan were due by 5:00 PM on July 27, 2020. The Housing and Community Development Department anticipated issuing award letters between August 2020 and October 2020.
On July 14, 2020, the Council held a public Hearing and; 1) adopted Resolution 2020-XX that adopted the City's five-year Permanent Local Housing Allocation (PLHA) Plan for an affordable housing project to be located in the City of Farmersville and administered by Self-Help Enterprises or Tulare County and authorized the submittal of the application/plan for funding and 2) adopted Resolution 2020-XX authorizing the City Administrator to execute the PLHA Program Application, the PLA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which were related to the Program or the PLHA grant awarded.
There is some risk to the City if the project were to not be administered in accordance with the funding guidelines, the State could require the awardee, which would be the City in this case, to return the funding. Staff believed that this risk should be low since the County and SHE have many years of experience administering these types of programs. However, during the Council meeting on July 14, 2020, the possibility of formally transferring the award from the City to the County, entering into an agreement with the County to administer the project outside the scope of the State contract, or simply working with SHE to administer funds was discussed. In the discussion Council expressed their desire to fully delegate the funding to the County so that the City would not be in between the funding agency and the project administrators. The County was willing to take on administration and execute documents for full delegation of the funds.
The opportunity came to fully delegate the funding to the County by signing an agreement with Tulare County authorizing the County to apply for the full 5-year formula application for the Permanent Local Housing Allocation (PLHA) on the city's behalf for use on the previously approved affordable housing project to be located in Farmersville and for the City Administrator to send a letter notifying PLHA staff of Exeter's withdraw of their application as well as execute any other related documents. These actions made the County the actual applicant for the funding and relieved the City of any responsibility with the execution of the project and funding process. The agreement was developed by the County, submitted to the City for review and executed.
Fiscal Impact: There would be no fiscal impact to the City of Exeter and minimal staff time to assist in fully delegating the funding of the project to the County. These funds are to be administered by Self-Help Enterprises who will work with the City of Farmersville and Tulare County in order to complete the project.
Prior Council/Board Actions: On July 14, 2020 Council adopted a Resolution to Execute an Agreement For the Permanent Local Housing Allocation Program and adopted a Resolution to Adopt a Permanent Local Housing Allocation Plan.
On june 8, 2021 Council: 1) Authorized the City Administrator and City Attorney to sign an agreement with Tulare County authorizing the County to apply for the full 5-year formula application for the Permanent Local Housing Allocation (PLHA) on the city's behalf for use on the previously approved affordable housing project to be located in Farmersville, and 2) authorized the City Administrator to send a letter notifying PLHA staff of Exeter's withdrawal of its application, and providing authorization to execute any other related documents.
Attachments: None
Recommended motion to be made by Council/Board: I move to authorize Tulare County to use the remaining two years of the full 5-year formula of the Permanent Local Housing Allocation (PLHA) on rehabilitation of the Mt. Whitney Senior Housing in Lindsay and the City Administrator to execute any other related documents.
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: 12 X City Council
Wording for Agenda: Approval of, and authorization for the City Administrator to execute, a Carnegie Building facility use agreement Regular Session:
Consent Calendar
ith Community Services Employment Training (CSET) for their us X Regular Item 1 providing CSET managed senior services July 1, 2023 througt June 30, 2025 and consideration of the cost of utilities and refuse Public Hearing service. Review:
Submitting Department: Administration City Administrator Contact Name: Adam Ennis, City Administrator (Initials Required) Phone Number: (559) 592-4539
Email: [email protected]
Department Recommendation:
Staff recommends that Council approve of, and authorize the City Administrator to execute, a Carnegie Building facility use agreement with CSET for their use in providing managed senior services and consider the cost of utilities and refuse service.
Summary/Background:
The City of Exeter does not directly provide for or manage a senior center or program but in the past has provided use of the Carnegie Building at City Park to Exeter Seniors, Inc. to provide senior services Monday through Friday from 8:30 am to 2:30 pm. As part of Exeter Seniors, Inc. program they contracted with CSET to provide senior programs at the Carnegie Building during their set senior days and hours. CSET receives funding through the Kings/Tulare Area Agency on Aging (KTAAA) to provide these senior services in communities at no cost.
Exeter Seniors, Inc. relocated to a non-City location a few years ago and in 2019 CSET requested a facility use agreement with the City to continue providing CSET funded senior services at the City facility during the same days and times as in the past. In 2020 senior services were not provided at the facility due to the pandemic. CSET now anticipates that they will begin preparing for and bringing those service back through the 2023/2024 year as allowed by and in accordance with the State.
The agreement would allow CSET to use the building and its kitchen area Monday through Friday from 8:30am to 2:30pm for food services and programs related to senior activities. They also would be able to use the building and kitchen area on occasion for special events or holidays, with reasonable advance notice to the City. CSET would be allowed to use an office or storage area that may be secured and would be responsible to clean all areas used for the seniors after the programs daily, including cleaning and stocking restrooms. CSET would be permitted to install telephone and internet services and must assume all responsibility for installation, control of use and costs. City shall have full and exclusive use of the building when not in use by CSET.
In the past the agreement has not addressed the cost of utilities or refuse service, with the City covering the costs by default. The water service to the building appears to be tied into the park water system and does not have a separate service or meter. Therefore, any metering of water would require installation of a service with a meter which could cost $2,000 to $5,000 depending on the line locations. The exact cost of the gas bill is unknown but is anticipated to be a few hundred dollars annually. With the recent electric meter audit, it has been estimated that the electricity cost range would be about $3,000 to $5,000 each year. In the past CSET used the park bins to empty their trash. However, with SB 1383 now in effect and their operation including food service, their use would require that separation of waste, including organics, would be required. The cost of this service would be about $1,300 per year. Staff is requesting that Council give direction regarding utility and refuse cost for the agreement.
The agreement term would be for two years from July 1, 2023 to June 30, 2025. The parties may agree to extend the agreement with the terms reviewed and adjusted as appropriate prior to renewal. The agreement may be terminated by either party without cause at any time by providing a 90-day written notice.
Fiscal Impact: No additional impacts. Could be less impact to the City if utility and refuse costs were transferred to CSET.
Prior Council/Board Actions: Previous approval of Carnegie Building Facility Use Agreements
Attachments: Facility Use Agreement between Community Services Employment Training and City of Exeter.
Recommended motion to be made by Council/Board: 1 move to approve and authorize the City Administrator to execute, a Carnegie Building facility use agreement with Community Services Employment Training (CSET) for their use in providing CSET managed senior services from July 1, 2023 through June 30, 2025 and direction as discussed addressing utility
AGREEMENT
between
COMMUNITY SERVICES AND EMPLOYMENT TRAINING, INC.
and
CITY OF EXETER
1. This Agreement is entered into as of July 1, 2023, by and between City of Exeter hereinafter referred to as "COE") and Community Services and Employment Training Inc. (hereinafter referred to as "CSET") for use of the Exeter Carnegie Building locatec at 301 South "E" Street, Exeter, CA 93221 (hereinafter referred to as "Building").
2. In consideration for and in accordance with the terms and conditions of this Agreement, COE grants to CSET access to the Building to offer CSET provided senior services as set forth in this Agreement:
a. CSET shall have access to the Building and its kitchen area dedicated to SET's senior center program Monday through Friday of each week between the hours of 8:30 a.m. and 2:30 p.m. for food services and programs related to senior center activities. At CSET's discretion, meals may be served only on certain days, and days and hours may vary depending on senior needs and interests. b. CSET may provide regular senior citizen meal programs, in compliance with California Department of Aging food service guidelines, and services commensurate with services provided elsewhere in the Kings/Tulare Area Agency on Aging (KTAAA) service area.
c. CSET will be permitted to use the Building and kitchen area on occasion for special events such as holidays. CSET must provide reasonable advance notification to the COE, as determined by COE, preferably two (2) weeks prior to requested use. d. CSET will be permitted to use an office or storage area at the Building that may be secured.
e. CSET is responsible for cleaning all areas used for senior citizens meals and programs after the daily meal/program is completed, including the restrooms, and for stocking the restroom with paper products during and after use. f. COE shall have full and exclusive use of the Building when not in use by CSET. g. COE shall schedule all activities in the Building aside from SET's programs.
CSET and COE shall submit a monthly usage calendar to each other by the end of the month for usage in the upcoming month.
3. The following incidental rights and obligations accompany the MOU and the use of the Building:
a. CSET shall have full and exclusive management authority over the program areas during the times of program use, and shall assume full responsibility for the timely cleaning of the program areas used after all activities. b. CSET shall be permitted to install telephone and internet services and assume all responsibility for installation, control of use, and service cost. c. CSET shall provide an insurance certificate naming the COE (City of Exeter) as an additional insured.
d. CSET will be responsible for non-permanent interior modifications to accommodate their programs, but said modifications shall not be made without the prior written consent of COE.
e. CSET shall be responsible for repair of any damages incurred during CSET usage of the Building, including COE-owned items.
f. COE and CSET shall meet annually to address any concerns and coordinate schedules.
In exercising these rights and obligations, CSET must use reasonable care and may not unreasonably increase the burden on the Property.
4. This Agreement is personal to CSET and shall not be assigned. Any attempt to assign this MOU shall automatically terminate it. No legal title or leasehold interest in the Building is created or vested in CSET by this Agreement.
5. This Agreement shall be for a term of two (2) years, commencing July 1, 2023, and terminating June 30, 2025. The parties may agree to extend this Agreement, with the terms of said Agreement to be reviewed and adjusted as the parties deem appropriate prior to renewal.
6. On or before the termination date of this AGREEMENT, CSET shall remove all of CSET personal property from the Building and the Building area used by CSET shall be in good order and repair to the reasonable satisfaction of the COE, normal wear and tear excepted.
7. This AGREEMENT may be terminated by either party without cause at any time by provision of a ninety (90) day written notice.
8. The parties understand that in the event the Building is no longer available to CSET, this AGREEMENT herein granted shall cease to be in effect, and the parties' obligations to each other under this AGREEMENT also cease.
9. This AGREEMENT constitutes the entire agreement between COE and CSET relating to this AGREEMENT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this AGREEMENT are of no force and effect.
Any amendments to this AGREEMENT shall be of no force and effect unless it is in writing and signed by all parties named above.
10. In the event CSET fails to comply with any of the material terms of this Agreement, in addition to any and all other remedies available under the law, this Agreement may be terminated by COE, upon CSET's receipt of written notice of the violation and its failure to cure within ten (10) days. More time may be granted for the cure of any violations if agreed to in writing by the parties.
11. The undersigned shall maintain general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. Undersigned's general liability policies shall be endorsed to provide that City and its officials, employees, and agents shall be additional insureds under such policies. When alcohol is being sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
12. To the fullest extent permitted by law, CSET shall indemnify, defend, and hold harmless COE, its officers, employees, agents and volunteers ("City indemnities"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of SET's performance of its obligations under this agreement or the operations conducted by CSET, including COE's active or passive negligence, EXCEPT for such loss or damage arising from the sole negligence or willful misconduct of COE. In the event the City indemnities are made party to any action, lawsuit, or other adversarial proceeding arising from CSET's operations or performance of this agreement, CSET shall provide a defense to the City indemnitees, or at COE's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
13. This Agreement constitutes the entire Agreement between COE and CSET. Any prior agreements, promises, negotiations, or representation not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force or effect unless it is in writing and signed by the parties named above. Each party and its legal counsel have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This agreement is entered into and to be performed in Tulare County, California.
14. Any notices to the parties shall be provided to the following:
CONTACTS:
City of Exeter For CSET Senior Center Program:
Daymon Qualls Albert Cendejas
PO Box 237 312 NW 3rd Ave.
Exeter, CA 93221 Visalia, CA 93291
Phone: (559) 592-5262 Phone: (559) 732-4194 ext. 628
Fax: (559) 592-3556 Fax: (559) 733-3971
The parties may revise the individual contacts by providing written notification of the revision.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the , 2023.
COMMUNITY SERVICES AND EMPLOYMENT TRAINING, INC.
Mary Alice Escarsega-Fechner, Executive Director Date
CITY OF EXETER REPRESENTATIVE
/
Adam Ennis, City Administrator Date
City of Exeter
Agenda Item Transmittal
Meeting Date: October 10, 2023
For action by:
Agenda Item Number: 13 X City Council
Wording for Agenda: Appoint either Virginia Padilla, Joel A. Miller, or Jon Stearns to the Measure R Citizens Oversight Committee Regular Session:
Representative position for a two-year term Consent Calendar X Regular Item
Public Hearing
Submitting Department: Administration
Contact Name: City Administrator - Adam Ennis
Review:
Phone Number: 592-9244, 592-4539
Email: [email protected] City Administrator
(Initials Required)
ABS
Department Recommendation:
Staff recommends that Council appoint either Virginia Padilla, Joel A. Miller, or Jon Stearns to the Measure R Citizens Oversight Committee Representative position for a two-year term.
Summary
The City of Exeter has a community representative position on the Measure R Citizen's Oversight Committee. Robyn Stearns has been the citizen representative for the City on this committee and her current term expired June 30, 2023, and she has reached her maximum service term. The Tulare County Association of Governments has requested that the Council make an appointment to this committee for another two-year term. The Council directed staff to solicit applications for potential candidates to fill the term. Staff advertised the vacancy on the City's website and Facebook pages from August 18, 2023 to September 1, 2023. The City received an application from Virginia Padilla on August 25, 2023 and an application from Joel A.
Miller on September 5, 2023 that was postmarked on September 2, 2023. Both applications were presented to Council on September 12, 2023, during the council meeting. Council directed staff to reopen and advertise the Measure R Citizens Oversight Committee position and solicit additional applications. Staff reopened and advertised from September 13, 2023 to October 2, 2023. The City received one more application from Jon Stearns on September 29, Background:
On November 7, 2006, the voters of Tulare County approved Measure R, imposing a 1/2 cent sales tax for transportation within the incorporated and unincorporated area of Tulare County for the next 30 years. The transportation measure will generate slightly more than $652 million over 30 years to Tulare County's transportation needs.
The Citizens' Oversight Committee consists of 16 members and is designed to reflect the diversity of the County of Tulare. The purpose of the committee is to provide input on implementation of the Measure R Expenditure Plan, and to advise the Authority Board if and when the plan needs to be augmented and to ensure that the funds are being spent in accordance with the plan. The committee is also responsible for informing the public and ensuring that the transportation measure expenditures are made in accordance with the plan and in the best interest of the residents of the county.
The committee meets quarterly and reviews transactions of Measure R and discusses upcoming projects. They have received multiple presentations on the usage of Measure R funds from member agencies. The committee has scrutinized multiple projects and shown a great interest in making sure Measure R funds are used to their maximum capacity.
Fiscal Impact: Nothing beyond already budgeted items. However, this position would assist in advocating for City projects that could benefit from Measure R funding.
Prior Council/Board Actions: Previous appointments to the Measure R Citizens Oversight Committee.
Attachments: Interest Letter and Application from Virginia Padilla Application from Joel A. Miller
Application from Jon Stearns
Recommended motion to be made by Council/Board: I move to appoint either Virginia Padilla, Joel A. Miller, or Jon Stearns to the Measure R Citizens Oversight Committee representative position for a two-year term.
August 25, 2023
City of Exeter
I work 23 years at Woodlake Schools work at Dinuba Unified School for 17 years Retired as the there
Fiscal Services Officer. During my career 1 was involve in passing a 36m. Bond for Dinuba Unified School
We had a Bond committee that I would have to present the committee a report of the funds how they
Were being spend and in what projects also what the balance and what other projects were left.
I feel I do have some experience to be in this committee.
Thank you
Virginia Padilla
Urginic Padella
CITYOF EXETER RECEIVED
AUG 2 5 2023
BY:
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
Measure R Oversight Committee Vacancy - Application for Consideration Name: /lignine Facilla Date: 8/25/23
Street Address: L Exeter Galit
Mailing Address:
Phone: Email: -012-7
How long have you lived in Exeter?
Occupation: Retreat
Professional and/or Community Activities: I. Gian Actue School Barne Member for the Exoten unificed School Iam carruntiey
the Baare President. MiCell # 559-440-5332
signature: Licitin Palla
On a separate sheet, please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by September 1, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]
RECEIVED
CITY OF EXETER
SEP - 5.2023
BY:..
CRETER
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
Measure R Oversight Committee Vacancy - Application for Consideration Name: Joel Alan Miller Date: August 30, 2023
EXETER, CALIFORNIA, 93221
Street Address:
EXETER, CALIFORNIA, 93221
Mailing Address:
Phone: Email:
How long have you lived in Exeter? My wife Alexis and I have lived in Exeter since March 4, 2021. ccupation: Certified Paralegal and Notary Public. Emphasis in Elder Law; Corporations, Limited Liability Companies, Partnership ajor Emphasis in Statutorily-Required Probate Accountings, Conservatorship and Guardianship Accounting Professional and/or Community Activities: _I serve as a Deacon in my Church, Parkside Chapel and Christian Missionary Alliance Church in Visalia on Walnut Avenue. We are very active in the Missions Field. İ also serve as Signature: Joe/ A lanaaiker
On a separate sheet, please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by September 1, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]
RECEIVED
CITYOF EXETER
SEP 2 9 2023
BY:_ CA
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
Measure R Oversight Committee Vacancy - Application for Consideration Name: Jon STeerns Date: 9-28-23
-
Street Address: Exeter, CA 93221
Mailing Address:
Phone: in 5847 Email: [email protected]
How long have you lived in Exeter? 57
Occupation: Self- Employed firm Manager
Professional and/or Community Activities: PasT CiTy Council member, Post Kiwanis President, PoST T.C. A.G. member
Signature:
On a separate sheet, p please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by September 1, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]