Agenda — Farmersville City Council, October 9, 2023

CITY oF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, October 9, 2023 6:00 PM Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows:

Please dial 1-669-900-6833
Meeting ID: 82424464978
Password: 872143

1. Call to Order:

Roll Call:

3. Invocation:

4. Pledge of Allegiance:

Public Comment:

Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

Presentations:

7. Consent Agenda:

Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.

A. Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only. :

B. Minutes of Regular City Council Meeting of September 25, 2023. --
Recommend approval of minutes.

Documents: Draft Action Minutes of September 25, 2023
Unmanned Aircraft Systems (UAS) use by City Personnel
Recommend that the City Council authorize the personnel of the City to operate Unmanned Aircraft Systems (UAS) owned by the City in accordance with established policies and procedures.

General Business
A. Contract with 4Creeks for Construction Management and Resident Engineer Services for the Farmersville 198 Gateway Project in the amount of $446,779
Recommended that the City Council approve contract with 4Creeks for Construction Management and Resident Engineer Services for the Farmersville 198 Gateway Project in the amount of $446,779.

Documents: Agreement
B. Authorization to Reject All Bids and Re-advertise the Farmersville 198 Gateway Project
Recommend that the City Council reject all bids for the Farmersville 198 Gateway Project and authorize staff to readvertise the project.

C. Fiscal Year 2022-23 4th Quarter Financial Update Report as of 6/30/2023
Recommend that City Council receive and file the report after a brief presentation by City staff on the subject.

Documents: FY 2022-23 4'h Quarter Financial Update Report D. Annual Measure Q Report for Fiscal Year 2022-23
Recommend that City Council receive and file the report after a brief presentation by City staff on the subject. The report is complete and has been posted on the City website for the public to access and review Document: Annual Measure Q Report for Fiscal Year 2022-23 E. Approval of Measure R Supplemental Agreement for Transit Center Project, Bike and Pedestrian Improvements, and HAWK System Recommend that the City Council review the Supplemental Agreement with Tulare County Association of Governments (TCAG) for Measure R • funding of a portion of the Transit Center project, bike and pedestrian improvements, and a HAWK System and adopt Resolution 2023-044.

Documents: Resolution 2023-044
Supplemental Measure R Agreement
F. Public Hearing: Close-Out of the 2018 CDBG Youth Services Program
Recommend that the City Council accepts and approves the close-out report on the 2018-CDBG Youth Services Program grant (18-CDBG- 12909).

G. Public Hearing: Close-Out of the 2018 CDBG Senior Services Program
Recommend that the City Council accepts and approves the close-out report on the 2018-CDBG Senior Services Program grant (18-CDBG- 12910).

Council Reports
A. City Council Updates and Committee Reports

10. Staff Communications:

11. Future Agenda Items

1. Amend Ordinance - Temporary Outdoor Use Permits

2. Review of Cannabis Cultivation

3. Site Visits to Woodlake, Exeter, and Lindsay

4. Water Restrictions

5., Update City Ordinances related to Code Enforcement

6. Reopening Two-way Traffic on E. Citrus at Freedom Drive

7. Transit Services with Visalia Transit and TCRTA

12. Adjournment:

NOTICE TO PUBLIC •
The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilites Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting so that staff may make arrangements to accommodate you.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda • packet are available for public inspection in the City's offices during normal business hours.

Drafted by: J. Gomez
Strong Roots..... Growing Possibilities
CITY oF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor Monday, September 25, 20236:00 PM Danny Valdovinos, Mayor Pro Tem
Gregorio Gomez, Council Member Meeting held in Civic Center Council Chambers Paul Boyer, Council Member - 909 W. Visalia Road Farmersville, California Armando Hinojosa, Council Member
Pending no technical difficulties, the City Council meeting will also be streamed (for observation only) via Zoom and accessed as follows:

Please dial 1-669-900-6833
Meeting ID: 883 2779 7888
Password: 166573
Call to Order: 6:01 pm

2. Roll Call:

Attendee Name Title Status Arrived
Tina Hernandez Mayor Present 6:00 pm
Danny Valdovinos Mayor Pro Tem Present 6:00 pm
Greg Gomez Council Member Present 6:00 pm
Paul Boyer Council Member Present 6:00 pm
Armando Hinojosa Council Member Present 6:00 pm
Invocation: Mayor Hernandez

4. Pledge of Allegiance: Mayor Pro Tem Valdovinos

5. Public Comment:

Alice Lopez, a resident of Farmersville, raised concerns about a future agenda item: the reopening of two-way traffic on E. Citrus at Freedom Drive. She requested that the Council investigate whether the school district has authority over this matter and urged them to prioritize student safety, especially concerning the crosswalk on Farmersville Blvd.

6. Presentations: None.
. 7. Consent Agenda:

A. Authorization to waive full reading of ordinances and resolutions and to identify by title only.

Recommend that the City Council approve the full reading of all ordinances and resolutions be waived and to identify by title only.

B. Minutes of Regular City Council Meeting of August 28, 2023.

Recommend approval of minutes.

Documents: Draft Action Minutes of August 28, 2023
C. Finance Update for August 2023: Warrant Register and Investment Summary
Recommend that the City Council:

1. Approve the Warrant Register as presented for the period. This reporting period represents warrants issued for the current Fiscal. Year (2023/2024); and
. '

2. Accept the Investment Summary as presented for the period. This reporting period represents investment summary for the previous month.

Documents: August 2023 Warrant Register
• Investment Summary August 2023
D. Adopt Resolution 2023-042 and The Records Retention Schedules Recommend that the City Council adopt Resolution 2023-042 approving an updated Records Retention Schedule to authorize the destruction of specified records in accordance with the Schedule.

Documents: Resolution 2023-042
Records Retention Schedule
Declaration of property as surplus and disposițion of the surplus property (vehicles)
Recommend that the City Council declare three Police Department vehicles as surpluş and authorize staff to move forward with disposition of (surplus property as listed.

Motion to approve items A-E.

RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Gomez.

SECONDER: Mayor Pro Tem Valdovinos
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT: None
General Business
Agreement for Interim City Engineering & Surveying Services with 4Creeks, Inc.

Recommend that the City Council authorize the City Manager to execute. an Agreement with 4Creeks, Inc. for Interim City Engineering & Surveying Services.

Documents: Agreement
• City Manager Jennifer Gomez announced that the City of Farmersville requires a City •. Engineer. To address this need, an agreement with 4Creeks has been established to provide immediate services. 4Creeks will assist in project transitions and capital improvements for this fiscal year, serving as the Interim City Engineer until a permanent one is selected through a competitive process, ensuring project continuity without significant delays.

The City Council was introduced to Chris Crawford, Elsa Mejia, and Lisa Wallis-Dutra from 4Creeks. They addressed the Council's concerns about the division of responsibilities between City Engineers and potential consulting work, their capacity to manage workloads with upcoming developments and design-build projects, and potential conflicts of interest when representing private agencies within City limits. 4Creeks staff reassured the Council, citing their 15 years of industry experience and familiarity with the Farmersville area, assuring that they have the capacity to handle the workload, maintain rigorous quality control, and will not represent private agencies to ensure compliance.

A public hearing opened and closed at 6:20 PM, with no public comments.

Motion to approve as presented.

RESULT: APPROVED (UNANIMOUS)
MOVER: Councilmember Gomez®
SECONDER: Mayor Pro Tem Valdovinos •
AYES: Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT: None
B. Adoption of a Policy for City of Farmersville Event Grant Funding Recommend that the City Council review and adopt a Policy for City of Farmersville Event Grant Funding.

Documents: Policy for Event Grant Funding
City Manager Jennifer Gomez introduced the draft of the Farmersville Event Grant Funding Policy, encompassing aspects of eligibility, compliance with California Law, indemnification, funding allocation, reporting, and potential application requisites. The proposed policy aims to provide support for youth-related programs, granting eligible non-profit organizations a maximum of $1,500 per application. These organizations will be obliged to adhere to the regulations outlined in California AB 506. Reporting obligations involve the submission of usage reports and receipts. Applications, requiring the endorsement of the organization's President or Treasurer, must include documents such as /RS. 501(c) determination letters, details about board members, and financial statements.

During the City Council discussion, they explored ways to craft an Event Grant Funding policy that encourages applicants and enhances activities for all residents. Key changes to consider include prioritizing youth services while opening the application process to all, including potential adult sports leagues. Funding should support events and programs, and removing the requirement for formal non-profit status was also recommended. Additionally, the Council expressed a desire to maintain the subcommittee for reviewing potential applicants.

The City Staff emphasized the prudent use of public funds and the need to hold third- party applicants accountable, similar to the City's own financial responsibilities. This policy aims to ensure equal treatment for all applicants. Attorney Schulte suggested that the Council consider changing the IRS 501(c) requirement to a Public Benefit Corporation designation, eliminating exemptions, and requiring federal status explanations.

A public comment opened at 6:57 PM.

Ricardo Maldonado, a resident of Farmersville and organizer of the Farmersville Youth Soccer League, discussed the financial challenges of launching a new league. He emphasized the difficulties faced during the initial year of operations and the necessity of relying on donations to acquire equipment. He also pointed out the financial reporting requirement that could deter new organizations from applying. Mr. Maldonado mentioned that he refrains from seeking assistance from the city due to his ineligibility for federal non-profit status requirements.

The public comment closed at 7:02 PM.

Staff will revise the policy and resolution to align with the preferences of the Council and the requirements of the City.

9. Council Reports
A. City Council Updates and Committee Reports
- Councilmember Hinojosa expressed concerns about the lack of patrolling on Farmersville Blvd. Chief Brock assured Mr. Hinojosa that despite the Police Department being down two positions, they maintain 24/7 patrolling.

Councilmember Boyer thanked the staff for improving city streets, particularly the ADA- compliant curbs. He also expressed gratitude to Code Enforcement for their efforts in addressing graffiti issues. Mr. Boyer inquired about the Federal funds for streetlights.

City Manager Jennifer Gomez stated that once the federal budget is approved and includes that allocation, she will include it in a future agenda item to discuss options for streetlight improvements.

Councilmember Gomez thanked the Public Works staff for installing no parking signs on Freedom Street, emphasizing that it has resolved traffic flow issues. He also informed the Council about his attendance at the League of California Cities, where he networked with other city leaders and noted that Dan Parra, Mayor of Fowler, is the new President of the League of California, Cities.

Mayor Pro Tem Valdovinos expressed concerns regarding the City's Animal Control issues. City Manager Jennifer Gomez stated that she is exploring alternative options for the City, as the current contract with the City of Visalia is no longer adequate.

10. Staff Communications:

City Manager Jennifer Gomez informed the Council that the work on City alleys and Shasta Road will be, completed by the end of October. Additionally, the temporary barriers on the overpass will be removed as of September 26, 2023. Lastly, due to high costs and a lack of communication with contractors, our Public Works department will handle all the concrete work at Roy's Park. Because of the extensive nature of this project, it will temporarily take precedence over other duties within the Public Works • department.

Director of Finance and Administration Steve Huntley presented the new City of Färmersville website design, highlighting key changes.

Public Works Director Jeff Dowlen emphasized that Roy's Park will require 25,000 cubic feet of cement.

Police Chief Jay Brock informed the Council that the school resource officers have incorporated a detective dog trained to detect narcotics, firearms, and vape pens.

11. Future Agenda Items

1. Amend Ordinance - Temporary Outdoor Use Permits

2. Review of Cannabis Cultivation

3. Site Visits to Woodlake, Exeter; and Lindsay

4. Water Restrictions

5. Update City Ordinances related to Code Enforcement

6. Reopening Two-way Traffic on E. Citrus at Freedom Drive

7. Transit Services with Visalia Transit and TCRTA

12. Adjournment:

Mayor Hernandez adjourned the meeting at 7:18 PM.

Respectfully submitted,
Betina Ashoori
Deputy City Clerk
Strong Roots..... Growing Possibilities

CITY OF

FARMERSVILLE
City Council
Staff Report 7C
TO: Honorable Mayor and City Council
FROM: Jay Brock, Chief of Police
DATE: October 9, 2023
SUBJECT: Unmanned Aircraft Systems (UAS) use by City Personnel RECOMMENDED ACTION:

Authorize the personnel of the City to operate Unmanned Aircraft Systems (UAS) owned by the City in accordance with established policies and procedures.

BACKGROUND:

As previously presented to Council, the Farmersville Police Department has purchased (2) two (UAS) "Drones" to assist the department with investigations, large scale events, and crimes in progress. Both assigned pilots have been through approved law enforcement training courses and are properly licensed through the Federal Aviation Administration (FAA).

DISCUSSION:

The City needs to properly ensure all its operations and equipment used in the operations of its different departments. The City is self-insured through its membership in the Joint Power Authority, Central San Joaquin Valley Risk Management Authority (CSJVRMA). For the City to obtain proper liability insurance for the use of the UAS, the City must comply with the CSJVRMA's Memorandum of Coverage (MOC) for pooled liability coverage which requires the operation of the UAS by the City personnel to be approved by the agency's governing body. All other requirements of the MOC have already been met.

For reference, the section of the MOC regarding UAS operations and compliance is as follows:

POOLED LIAIBLITY PROGRAM MOC

SECTION VI - EXCLUSIONS
(32) Any claim arising out of the ownership, operation, use, maintenance, or entrustment to others of an Unmanned Aircraft System. However, this exclusion shall not apply if all of the following conditions are met with respect to any use or operation of an Unmanned Aireraft System which gives rise to a claim:
(a) The Unmanned Aircraft System is operated in compliance with applicable Federal Aviation Administration (FAA) rules and regulations, including as ecessary under a proper and valid Certificate of Authorization (COA), Remot ilot Certificate obtained from the FAA, or any other required licens authorization, or certification under any Federal, state, or local rule or regulation. (b) The operation of the Unmanned Aircraft System by an employee of the member was approved, prior to operation, by a member employee or official, which employee or official was acting in a management or supervisorial rol when approving the operation of the Unmanned Aircraft System (c) The operation of the Unmanned Aircraft System is in the course of legitimate activity, which was approved by a member employee or official, which employee or official was acting in a management or supervisorial role when approving the operation of the Unmanned Aircraft System.
(d) If necessary, the appropriate agency of the member has properly secured a search warrant prior to the operation of the Unmanned Aircratt System. (e) " The governing body of the Covered Party approved use of Unmanned Aircraft Systems.

This staff report and resulting minute orders are intended to document the verbal agreement and direction that the City staff has already received from the City Council to operate UAS for legitimate City purposes and thereby be compliant with the MOC (part "e") for UAS liability coverage.

COORDINATION & REVIEW:

City Finance and Administration have been provided with the information for review.

FISCAL IMPACT:

No negative fiscal impact is foreseen, however, failure to obtain liability insurance could expose the city to substantial future risk.
• •
CONCLUSION:

Staff recommends that the Council declare that the use of UAS for legitimate City operations are authorized and thereby eligible to secure liability coverage needed through the CSJVRMA.

CITY OF

EAMERSYILE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: October 9, 2023
SUBJECT: Contract with 4Creeks for Construction Management and Resident Engineer Services for the Farmersville 198 Gateway Project in the amount of $446,779 RECOMMENDED ACTION:

Recommended that the City Council approve contract with 4Creeks for Construction Management and Resident Engineer Services for the Farmersville 198 Gateway Project in the amount of $446.779.

BACKGROUND and DISCUSSION:

Requests for Proposals were advertised for 3 weeks and due on September 27'. The City only received from one proposal which was from 4Creeks. The City Manager reviewed the proposal, determined it was responsive and that 4Creeks was qualified to perform the services required.

The City Manager subsequently reviewed 4Creeks estimated fees and began negotiations. An agreement was quickly reached, and the attached contract is recommended for approval by the City Council.
4Creeks will oversee the construction being performed by a contractor yet to be determined and will consult with QK for any changes or concerns regarding design.

FISCAL IMPACT:

The contracted amount of $446,779 is covered by the Clean California Grant.

ATTACHMENT(S):

Agreement

PROFESSIONAL SERVICES AGREEMENT
FARMERSVILLE 198 GATEWAY PROJECT

CONSTRUCTION MANAGEMENT / RESIDENT ENGINEER SERVICES
THIS AGREEMENT is made, by and between, the City of Farmersville, a municipal corporation ("City") and 4Creeks, Inc., a California Corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein the parties agree as follows:

1. TERM
This Agreement shall commence on October 9, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later:than 60 days after the Notice of Completion or final Caltrans project approval.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City's City Manager shall represent City in all matters.pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, and based upon actual time spent on the above tasks. That amount shall not exceed $446,779 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be , submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days after receipt of each invoice as to all non-disputed fees. If City disputes any of Consultant's fees, then it shall give written notice to Consultant within fifteen (15) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE City may at any time, for.any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten-days' (10-days') prior written notice. Upon reçeipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City suspends or terminates a portion of this Agreement, then such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, City shall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, Consultant will submit an invoice to City pursuant to Section 3.

7. DEFAULT OF CONSULTANT
Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date Consultant is notified of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance for work hereunder arises out of causes beyond Consultant's control, and without fault or negligence of Consultant, then it shall not be considered a default.
(b) If the City Manager of his/her delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, then he/she shall cause to be served upon Consultant a written notice of the default. Consultant shall have ten (10) days after service upon it of said notice in which to cure. the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, and full payment by City for services performed pursuant to, this Agreement, all final work product such as documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. With respect to computer files, Consultant shall make available to City, as a service in addition to those set forth herein, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
! 9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney's fees and costs to the extent same are caused by any negligent act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. City agrees to hold harmless and indemnify Consultant from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the computer files or any other document provided by Consultant under this Agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional. obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section.

Consultant shall indemnify the City, its elected officials, officers and employees from any demands, judgements, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, infringement of copyright/patent/trademark, professional errors and omissions, investigative expenses, attorney fees, and court costs arising out of an error, a negligent act, or omission of the Consultant, or the willful misconduct of the Consultant in performing the services described in, or normally associated with, this type of contracted work.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as an Intermediate Risk - Category 2 pursuant to the Risk Matrix component of the Procurement Policy specified in Exhibit B attached to and part of this agreement.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. -(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing sérvices hereunder.

12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times observe and comply with applicable legal requirements in effect at the time the drawings and specifications are prepared. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or inequity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization.

Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify city if Consultant, or any of its officers, employees, agents, or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding.

Consultant agrees to cooperate with City by providing the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (ili) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

City of Farmersville
909 W. Visalia Road
Farmersville, CA
93223 Attention:

City Manager :

To Consultant:
4Creeks, Inc.
324 S. Santa Fe Street
Visalia, CA 93292
Attention: Randy Wasnick; CEO

17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses and tax certificates required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW •
City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over City.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by Consultant, Exhibit A hereto.

22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF FARMERSVILLE CONSULTANT
Jennifer Gomez, City Manager Randy Wasnick, PLS
4Creeks, Inc., CEO
:

Attést:

Rochelle Giovani, City Clerk
Approved as to form:

Michael Schulte, City Attorney
!

EXHIBIT A

TASKS TO BE PERFORMED
Proposed Scope of Work
Task I: Construction Management / Reservices
The Scope of Services for this task are thoroughly covered in the Typical Approach - Construction Management and Inspection section of the proposal. That section of the proposal also delineates our understanding of the City staff responsibilities vs. our 4Creeks staff responsibilities. Under this task we will perform all of the services discussed in the Typical Approach and as discussed in the services requested under the City's RFP. Mr. Chris Crawford, PE, will be the primary RE performing the day to day CM/RE services for the City of Farmersville under this task. Mr. lan Williams, PE, will be the assistant CM/RE for the project.

Task 2: Construction Inspection and Labor Compliance Monitoring NV5 will provide construction inspection and labor compliance services for this project. 4Creeks and NV5 recently teamed together on the Akers & 198 Interchange Project and the City of Exeter Visalia Road project and have had great success working as a team. The below tasks are broken down into pre-construction, construction and post-construction phases.

PRE-CONSTRUCTION PHASE: Inspect Project Site and Obtain Pre-Construction Photos/Videos Objectives: Document existing site conditions prior to construction Task Description: Before construction begins, the existing site conditions will be photographed and recorded.

This record of existing conditions is essential to enforce the Contractor's responsibility to protect private property, City facilities and third-party property/utilities. Key items to document for this project include the following:

Private property landscaping and access points.

Third party utilities including overhead and underground lines, vaults, boxes and valve covers.

Existing pavement conditions within the project sire and adjacent to the project site.

Pedestrian walkways and crossings within the project site and adjacent to the project site This inspection is also key to proactively identifying any discrepancies between the site conditions and the project plans.

Work Products:

Pre-Construction photos
Site inspection findings
Meetings: Upon request, we will meet with the City staff to review our findings from the Pre-Construction Inspection activity.

CONSTRUCTION PHASE: Field Inspection and Daily Reporting Objectives:
• Oversee traffic handling operations to verify that the work zone is safe and convenient for the travelling public.
• Oversee the Contractor's operations to verify that the site is safe for workers and the public. • Inspect the materials and methods used to verify quality of the completed work. • Collect material certification documentation for all incorporated materials. •
• Maintain a record of thé contractor's operations for schedule review and risk mitigation. • Document labor classifications and names to support labor compliance efforts. • Measure the quantity of completed work to support payment activities. • Oversee all permit compliance activities during construction.

Task Description: As requested in the REP, the project site will be inspected daily. Our Inspector will complete a daily inspection report containing the following information:
• i Any traffic handling and safety observations
• Description of the work performed that day with location, time and weather information • Quality observations or concerns
• Name, labor classification and employer of all workers on site with hours worked • Make, model and ID of all equipment on site with hours of operation (Down or idle time recorded) • Pre and post construction surveys of all ADA ramps and pedestrian walkways • Records of key conversations between the Inspector and the Contractor • Record of material certification information collected Measurements and quantities of completed work
• Photos of the project site and work performed with descriptive captions Work Products:

Daily. Inspection Reports with photographic records
• Pre and post-construction surveys of all ADA ramps and pedestrian walkways if needed Records of material certification information
• Material delivery records
Meetings: Inspection Staff will attend the Pre-Construction Meeting and any regular coordination meetings during the project. -
POST-CONSTRUCTION PHASE: Final Inspection & Punch-List Inspections Objectives: To provide the City with verification that the project work has been fully completed in according to the plans and project specifications.

Task Description: The Resident Engineer and Inspector will walk inspect the full length of the project to document any unfinished, damaged or non-compliant work. The findings of this inspection will be documented in a project punch-list which will be formally transmitted to Contractor. Caltrans and City staff will be included in the punchlist inspection walk as needed and preferred by the agencies. The project site will be re-inspected as needed until all punch-list item work has been completed. Once the RE belleves the project is fully completed we will coordinate a walk-through with the City, Caltrans, the designer, and the contractor to accept the project. We will review completed punch-list work during this walk-through and if no other deficiencies or omissions are noted. We will recommend acceptance of the completed project.

Work Products:
• Punch list for work to be completed
• Project records - hard copy and electronic
Signed as-builts
Meetings: If needed, our Inspector will attend a coordination meeting with the Contractor to discuss all final inspection findings and to coordinate corrective work prior to execution on site.

LABOR COMPLIANCE SERVICES
NV5 will also be providing labor compliance for the entirety of the project.

Objectives: Verify that the Contractor and Subcontractors comply with all labor compliance and equal employment opportunity (EEO) requirements.

Task Description: Our Labor Compliance Officer, in coordination with the RE, will verify that all certified payrolls are received for Prime and Subcontractors. The Certified Payroll records will be reviewed to confirm that all labor classifications are properly compensated according to state and federal wage requirements, whichever governs. We will also verify that the proper ratio of apprentices are staffed on the project. Daily reporting of workers names, labor classifications and hours worked will be compared to Certified Payroll Records to confirm they match. We will conduct monthly employee interviews on Form CEM-2504, "Employee Interview: Labor Compliance/EEO", to verify that workers are being compensated according to their designated labor classification. Finally, we will confirm that all required labor law posters and information are located on the job site.

Work Products:
• Certified Payroll review records
Formal correspondence, if needed, to rectify and labor compliance violations • Employee Interview records (Form CEM-2504)
Meetings: As needed, NV5 will meet with the Contractor to resolve any findings of non-compliance during the construction phase.

Task 3: Materials Testing
Krazan & Associates, Inc. possesses special expertise and equipment to provide structural and pavement inspection and testing based on the plans, specifications and geotechnical reports. Our scope of work may include but will not be limited to the following:
• Review of material certificates/mix designs.

Review of asphalt mix designs.
• Secure samples of soils, aggregate base/grindings, and asphalt for laboratory testing according to Caltrans or AASHTO, ASTM, and ACI.
• Perform in-place density tests by nuclear method on subgrade soils, cold in place recycle, aggregate base, and asphalt.
• Inspection of placement and sampling of concrete for compressive strength (if occurs).

Perform source/batch plant inspections.

Prepare reports summarizing all observations and test results.

Materials Testing Objectives:
•Sample, test and document compliance of all incorporated materials according to the City and Caltrans requirements
• Provide back-up documentation for the Materials Certification Statement included in the project close- out files
Task Description: We will schedule material testing during the construction phase according to the City and Caltrans requirements as listed in this section. We have reviewed the project plans and aforementioned contract documents and have identified that the following materials will require sampling and testing on this project:
• Backfill for utility installation • Aggregate Base
Roadway subgrade • Portland Cement Concrete
Structure subgrade
Work Products:

1. Material Test Reports

2. Non-Compliance correspondence if necessary
Meetings: Materials Testing Management Staff will attend the Pre-Construction Meeting and regular coordination meetings during the project as needed.

Task 4: Construction Surveying
4Creeks will provide construction staking services for the City of Farmersville, for the Farmersville 198 Gateway Project.

Objectives: The survey team members will provide construction surveying for the project. 4Creeks will prepare calculation points for field survey crews and will provide cut sheets to the RE on a daily basis. The work needed for this project will include (but not limited to):

Task Description:
• Establish site control and benchmarks for construction Stake Demo Limits
Rough Grade Staking
Dirt/Grading As-Built
Storm Drain Staking (including inverts, outfalls, and manholes) Wall/Footing Staking
• Landscape design (rock) Staking
Work Products:
• Cut sheets and corner records.

Task 5: Landscape Inspection Services
Wood Architecture will provide the submittal review and inspection services for the landscaping portion of the project. The proposed project is for two (2) detention bases located on the north and south side of Highway 198 along Farmersville Boulevard on approximately three (3) acres in Farmersville, CA. The scope of works is for construction administration and construction observation. A further breakdown of the scope of work can be found below.

Construction Administration
Provide assistance on the project during the construction phase of the landscape design. The services in this section will include the following:
• Provide review and analysis of the bids for input into Contractor selection with regard to the landscape design.
• Provide RFI responses for the purpose of clarification and interpretation of the landscape construction documents.
• Provide review and approval for all landscape, irrigation, hardscape, and site amenities submittals.

Construction Observation
Provide assistance on the project during the construction phase of the landscape design. The services in this section will include the following:
• Schedule and attend a pre-construction meeting for the purpose of outlining the responsibilities of the Contractor and to verify the standards and quality of workmanship for the project landscape design. • Attend one (1) site observation to review installation of the planting soils plan prior to the beginning of the irrigation systems installation.
• Attend one (1) site observation to review layout and installation of the irrigation system including mainlines, sleeving and electrical conduit.
• Attend one (1) site observation to review layout and installation of the irrigation system including valve manifolds, lateral lines and emitters.
• Attend one (1) site observation to review layout and installation of the irrigation system including sensor installation, controller configuration and systems operation. • Attend one (1) site observation to review the layout and installation of plant material prior to mulching. • Attend a final construction review for the purpose of accepting the installation and starting the 1-year maintenance period.
• Provide one (1) final maintenance review for the purpose of verifying the compliance with landscape design plans and specifications and accepting the project for the Owner.

Task 6: Electrical Inspection Services
Rose Sing Eastham and Associates (RSE) will assist with submittal review and inspection services for the electrical portion of the project on an as needed basis. The electrical improvements on this project are relatively simple but we have included RSE as part the project team if assistance is needed with any of the following items:
• Review electrical submittals for for compliance with the project plans and specifications. • Perform site inspections at appropriate construction phases to verify compliance with the project plans and specifications and proper construction practices.
• Perform a complete final inspection to verify the final installation has been installed and is operating per the project plans and specifications.
• Attend construction meetings as required.
• Prepare and submit inspection reports.

RFP Clarifications and Exceptions
We will perform all the services listed in Section II. Scope of Services, Part A. Consultant's Responsibilities of the City's RFP except where modifications are noted in this section.

1. Site Safety - Item 17 of the City RFP states, "The CM/RE shall be responsible for overall project safety compliance for worker safety and public safety on site and for traffic safety traveling through the site." According to the construction contract documents this is the responsibility of the contractor not the CM/RE. As the CM/RE we will inspect for these issues and notify the contractor of any deficiencies that are identified but the contractor is responsible for overall site safety.

2. Sole Source Inspection and Testing - There did not appear to be any materials on this project that required sole source inspection or testing so we have not included sole source inspection and testing in this proposal to save the City money.

EXHIBIT B

INSURANCE REQUIREMENTS
.'

RISK MATRIX

INSURANCE

LANGUAGE

YORK RISK SERVICES
Revised July 2019

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Table of Contents
Exhibit 1: Risk Matrix Definitions... .... 1
Exhibit 2: Risk Matrix . 2
Category 1 "Low Risk" ... 3
Category 2 "Intermediate Risk" 4
Category 3 "High Risk" 6
Exhibit 3: Ancillary Coverage Requirements. 9

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Exhibit 1
Risk Matrix Definitions
(Determine Risk Category by evaluating all factors that could increase the agency's liability for that particular project. Once Risk Category is determined, utilize Exhibit 2 to select insurance terms.) Risk Category Risk Level Examples
1 Low
Some professional service providers
General contracts
2 Intermediate • Construction contracts
• Some professional service providers
• Technology consultants
• Facilities use
• Special events
High • Major construction contracts
• Garbage haulers
• Some professional service providers
Other Undefined
: Costink is unique
Custom insurance requirements needed

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Exhibit 2
Risk Matrix
('+"= Limits may need to increase for Risk Categories 2 & 3, depending on the project.) Risk
Workers' Compensation General Liability Auto Liability
Category
$2,000,000 per occurrence
1 Statutory (may accept $1,000,000 per
occurrence for lower risks) $2,000,000
Employer's Liability $1,000,000 Combined Single Limit
$4,000,000 (may accept $1,000,000 for
general aggregate lower risks)
$1,000,000
products/completed
operations aggregate
$2,000,000+
2 Statutory per occurrence
$2,000,000+
Employer's Liability $1,000,000 $4,000,000+ Combined Single Limit general aggregate
$2,000,000+
products/completed
operations aggregate
$5,000,000+
3 Statutory per occurrence
$5,000,000+
Employer's Liability $1,000,000 $10,000,000+ Combined Single Limit general aggregate
$5,000,000+
products/completed
operations aggregate
Consult with Consult with Consult with
Other Risk Management Risk Management Risk Management
Professionals Professionals Professionals

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Language Templates for Risk Categories 1-3

1. Category 1 "Low Risk"
Insurance Requirements
i. Commercial General Liability
a. Vendor 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. 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. Vendor'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 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and. hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. ill. Workers' Compensation and Employers' Liability

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a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor 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. iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers -
of subrogation evidencing compliance with the insurance requirements above.

2. Category 2 "Intermediate Risk"
Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at • • least as broad as insurance Services Office farm 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall

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be twice the required occurrence limit. Vendor'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 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City..
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits. of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. iii. Workers' Compensation and Employers' Liability
a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor 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. iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium:

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b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VIl or higher. • e. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a "per subcontractor" or "per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Vendor.

3. Category 3 "High Risk".

Insurance Requirements
i. Commercial General Liability
a. Vendor 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 five million dollars ($5,000,000) per occurrence for bodilý injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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. Vendor'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 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.

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b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is madé or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired • autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident. ili. Workers' Compensation and Employers' Liability
a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor 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. iv. All Coverages
f. Each insurance policy required by the agreement shali be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
g. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
h. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish, the City with certificates, additional insured endorsements, and waivers. of subrogation evidencing compliance with the insurance requirements above.

The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City.

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i. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A-VIl or higher. j. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a "per subcontractor" or "per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Vendor.

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Exhibit 3
Ancillary Coverage Requirements
Professional Pollution Builders Aircraft Cyber | Installation Contract Activity Involved Liability Liability Risk Liability Liability Floater Construction or
Remodeling Projects -
Construction or x
remodeling projects
Hazardous or Waste
Materials - Removal of
asbestos or lead-based
paint; or the use,
application, transport,
removal, cleanup, or
disposal of hazardous
material in quantities of
100 gallons or more; or the
disposal, treatment,
transport, or storage of
waste.

Installation of Equipment
Professional Service
Provider - Services from an
accountant, architect,
attorney, claims
administration firm,
consultant, insurance
broker, engineer, financial
advisor, medical
professional, or other
person who maintains a
professional license.

Technology Vendor x
X
Use of Aircraft or
Helicopter X

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:
•

1. The following are suggested insurance language if Ancillary Coverages are recommended. Please consult with the Risk Manager for customized limits and language for specific circumstances.
a. Aircraft Liability Insurance •
i. Aircraft liability insurance coverage shall provide limits of $5,000,000 - $10,000,000 per accident.
ii. The policy shall be endorsed to include the City, its officers, employees, and agents as additional insureds.
b. Builders Risk Insurance
Contractor shall obtain and maintain Builders Risk/Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such polícy.

Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) "Installation Floater" coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits.

Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. c. Cyber Liability Insurance
Cyber Liability Insurance with limits not less than $1,000,000 per claim. ii. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited • to infringement of copyright, trademark, trade dress, invasion. of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

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ili. The policy shall provide coverage for breach response costs as well as reguiatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
d. Pollution Liability Insurance

1. Pollution Coverage shall be provided for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. li. The policy shall be endorsed to include the City, its officers, employees, and agents as insureds.
e. Professional Liability Insurance
i. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

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CITY OF

FARMERSUILIED
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: October 9, 2023
SUBJECT: Authorization to Reject All Bids and Re-advertise the Farmersville 198 Gateway Project
RECOMMENDED ACTION:

It is recommended that the City Council reject all bids for the Farmersville 198 Gateway Project and authorize staff to readvertise the project.

BACKGROUND and DISCUSSION:

In accordance with Council action, bids were solicited and opened on September 27, 2023, for the Farmersville 198 Gateway Project. A total of two bids were received and while reviewing the proposals, a discrepancy was discovered in the City's Request for Proposals that would have impacted the bid amounts. These bids should therefore be rejected. With Council approval, staff will make corrections to the bid documents and readvertise the project.

In regard to the timing of the project, rebidding will cause a delay which could mean the City will not meet the grant deadline. Therefore, Caltrans has already been contacted and notified of our need to rebid and for an extension to complete the project. Based on initial discussions, the City anticipates an extension to the grant deadline will be approved by Caltrans.

To minimize the delays, staff requests Council's approval to reject the bids and readvertise as soon as possible.

FISCAL IMPACT:

This project is funded by the Clean California Grant.

CITY OF

FARMERSVILLE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Steve Huntley, CPFO, IPMA-SCP
Director of Finance and Administration
DATE: October 9, 2023
SUBJECT: Fiscal Year 2022-23 4* Quarter Financial Update Report as of 6/30/2023 RECOMMENDED ACTION:

It is recommended that City Council receive and file the report after a brief presentation by City staff on the subject.

FISCAL IMPACT:

No direct impacts, but the report informs the Council and the Public about past performance of the City financially and potential future budget impacts to consider.

ATTACHMENTS):

1. FY 2022-23 4* Quarter Financial Update Report

CITY OF

CITY OF FARMERSVILLE //IN

FARMERSVILLE

ADMINISTRATION DEPARTMENT / FINANCE
October 9, 2023
FINANCE UPDATE: FY 2023 - FOURTH QUARTER
THE END OF FISCAL YEAR 2022-23
This report is the update for the City's financial status through June 30, 2023; the end of the fourth quarter and the entire 2022-23 fiscal year (FY 2023). The audit process for the end of Fiscal year 2023 is now underway but is not yet complete. Therefore, this report will primarily touch on where the City ended the prior year (audited results will be presented with the financial statements with our auditors later this winter) and some updates on budget for FY 2023-24.

REVENUE UPDATE
Overall revenue performance was down in FY 2023 from the prior year. Despite rumblings of recessions and opposing views of a strong growth economy, actual performance was neither one extreme or the other but a mixed result somewhere in the middle. Missing the target on sales tax revenue was partially offset by better-than-expected property taxes and vehicle license fee revenues (as seen in the table below). Unfortunately, the warning from the prior year report of a "difficult near-term with future revenues likely to slow down or decline while prices will remain elevated or continue to increase" rang eerily true.

All told, the City's General Fund ended up with expenses exceeding revenues by just over $600,000. This was absorbed by the City's cash on hand that was conservatively managed as a precaution because of this possibility. This prevented any negative impacts to City operations and left the reserves intact for potential future emergencies.

First, the discussion of revenues: the table below is the update for the major General Fund revenue sources for the City through the end of FY 2023 compared to budget for FY 2023 and FY 2024:

Major Revenue FY 2023 Budget FYE 2023 Actual Budget Percent FY 2024 Budget Sales Tax 1,350,000 1,200,072 89% 1,270,000
Measure U Tax 770,000 717,920 93% 770,000
Measure P Tax 770,000 717,212 93% 770,000
Vehicle License
Fees 1,164,200 1,164,200 100% 1,187,500
Property Tax 465,000 486,805 105% 465,000
Franchise Fees 182,512 179,673 98% 203,250
Total 4,701,712 | 4,465,882 95% 4,665,750
Sales Tax did not perform as well
this year and the City ended up SALES TAX REVENUE FY 22 VS. FY 23 lower than where it projected to be 400,000.00
350,000.00
at mid-year. Performance was
300,000.00
strong through December, and it 250,000.00
appeared that growth may 200,000.00
continue. However, a much 150,000.00
weaker second half of the year 100,000.00
50,000.00
made the City end with an actual
combined sales tax revenue of only
$2,635,204 (92% of the revised NOVEMBER DECEMBER JANUARY FEBRUARY budget amount). This is less than
the prior year actual amount by - FY22 - FY23
almost exactly $250,000. There
are a number of reasons for this but the most impactful variables were a steeper than anticipated decline in gas prices January through June and a decline in cannabis related sales taxes due to substantially increased local market-share shifting away from Farmersville. Essentially, Farmersville remains dependent upon volatile oil market performance and local cannabis sales for most of its revenue. Staff anticipated this mixed result as a high probability due to the volatility in the local economy and global securities markets recently and conservatively held on to carryover funds from the prior year to offset these losses.

Vehicle License Fees: This funding sources is property tax that was swapped by the State with School District funding in the 1990s and has remained that way to date. The budget for FY 2023 was revised slightly up to $1,164,200 (anticipating steady growth at about 4%). This source is impacted by vehicle and property sales trends but overall is stable and predictable.

Property Tax received for FY 2023 ended favorably, growing more than anticipated. There is little development within the City currently, but some change to values contribute to this revenue amount some. The budget for all property tax categories was $465,000 but the City received $21,805 (about 5%) more than budgeted for the period. Staff recommends encouraging more development to expand this important and stable tax revenue source for increased stability in budgeting for essential services. Decreasing the City's dependence upon sales tax and cannabis business tax is a very important strategic revenue objective for the future success of the City.

Franchise Fees account for less than 5% of the General Fund major revenues but the income has been steadily increasing for the last several years but that streak came to an end this year. Only 98%, or $179,673, of budget for FY 2023 was received (down from $182,888 in the prior year).

This is out of the control of the City for the most part - no miscalculations are suspected, this could simply be a change in consumer purchasing patterns. This will be watched closely for future trends.

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OTHER REVENUE:

Cannabis Business Tax is in its third
full year of bringing in revenue and Measure Q Quarterly Tax Payments currently in a two-year decline. Each 400,000.00
quarter, since March 2021 (9 in total) 350,000.00
has brought in less revenue than the one 300,000.00
prior. The losses are not equal but 250,000.00
average to just over 6% each quarter. As
200,000.00
a result, the City has budgeted $900,000
150,000.00
in revenue for FY 2024 following this
100,000.00
trend. However, first quarter income
50,000.00
shows that the City is barely on track to

0.00 bring in $800,000 in FY 2024 and so the
May-19 Dec-19 Jun-20 Jan-21 Jul-21 Feb-22 Aug-22 Mar-23 Oct-23 projection may need to be revised. It is
unclear how far the trend is from the bottom, but it is clear that the decline continues and has been accelerating. Future budgeting will need to reduce its expectations for this revenue source. More detail is available in the Measure Q Annual Report and the Audited Financial Statements, when completed
ARPA Allocation or American Rescue Plan Act funds also supplemented and assisted the City.

ARPA is a restricted funding source but is significant in size to help the City meet COVID related expenses. ARPA funds were allocated to Farmersville in the amount of $2,560,386 and both portions have now been received (as of July 2022). These funds will be used to strengthen water infrastructure, offset first responder costs, and other qualified uses in the coming months.

EXPENSE UPDATE
Expenditure data for FY 2023 is listed below by department as of 6/30/2023. These summary amounts are briefly described below to illustrate the variance amounts. Fiscal Year 2023 has still not been completely closed out through the audit process so some of these figures may change.

Here are the highlights for where the City stands at the end of FY 2023:

Overall, the City was over budget by spending $6,833,951 in General Fund Revenue while only bringing in $6,233,055 for the same period. Compared to budget this means that Revenue was

3.5% lower than budget while expenses were 9.7% over budget. This has many causes but primary among them are large one-time expenses in the police department for salary pay-outs related to retirements and resignations, increased fire department spending, reactionary engineering expenses related to community projects and development needs, as well as spiking insurance costs. Cost increases were expected across the board, but this is also reflective of the heavy workload of the City currently. All departments are responding to a high number of needs and with rising costs, these temporary overruns are to be expected.

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Fund Dept Revised Budget Actual 6/30/2023 Percent
1: General Fund 400: Revenues (5,409,490) (5,033,640) 93.1% 1: General Fund 401: City Council 27,502 23,238 84.5%
1: General Fund 404: Administration 516,193 546,771 105.9% 1: General Fund 405: Membership Legislation 25,000 15,563 62.3% 1: General Fund 406: Administrative Overhead 292,541 375,847 128.5% 1: General Fund 407: City Sponsorships 12,000 6,775 56.5% 1: General Fund 411: Police 2,407,704 2,577,977 107.1%
1: General Fund 414: Community Development 439,450 592,685 134.9% 1: General Fund 415: Code Enforcement 188,159 159,231 84.6% 1: General Fund 420: Fire 696,759 765,867 109.9%
1: General Fund 425: Public Works 505,289 492,691 97.5% 1: General Fund 426: Animal Control 73,465 77,890 106.0%, Total Revenues (6,456,979) (6,233,055) 96.5%
Total Expenses 6,231,550 6,833,951 109.7%
Net (225,429) 600,896
401 CITY COUNCIL: This budget functioned appropriately for the year using just about 85% of the budget. It can fluctuate a great deal depending upon the activities of the City Councilmembers during the year.
404 ADMINISTRATION: This department is unique in that there is significant revenue in it to offset expenses unlike other operational departments. This year the department was over-budget mostly because of high-level of debt pre-payment. City staff was taking advantage of a short-term situation that will benefit the City for years to come. This one time increase in costs will be dramatically reduced in the next year. This department was helped by revenues over-performing by nearly 20% (about $50,000).
405 MEMBERSHIPS: There were slightly more membership costs than anticipated this year. The budget was increased FY 2022 and kept level for FY 2023, accordingly because the City anticipates these increased dues in some associations in coming years. 406 ADMINISTRATIVE OVERHEAD: There are many factors in this department because there are so many expenses that charge here. Overall, the department was significantly over budget (over by more than 28%). The cost of liability insurance is charged to this department and is the largest and fastest growing expense ($370,224) and cost slightly more than anticipated. However, there is also over $45,000 in expense related to one-time "flood" expenses that will be reimbursed by FEMA/CalOES in a future year. This cost accounts for 12% of the cost (or nearly half of the overbudget amount). Therefore, revenues will be more in the coming year when the reimbursement is received.

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407 SPONSORSHIPS: The City Council directed that $6,775 (up from $5,600 in FY 2022) of the • $12,000 budget be spent this year. City Council budgeted $12,000 for FY 2023 and FY 2024. 411 POLICE: This department would have stayed within budget had it not been for over $170,000 in one-time pay-outs due to retirements and resignations of long-tenured, high-paid employees that were due accrued leave time when they left. Revenue exceeded budget expectations by about $57,000 (or 21%) with one-time revenues which helped to offset one-time spending increases at the same time.
414 COMMUNITY DEVELOPMENT: This department finished at 135% of budget for the year as a net total. This is because revenues driven by development activity and code enforcement were up significantly at 245% of budget expectations and expenses were at 145% of budget. This is a huge change from prior years but also highlights the reactive nature of this department. Revenues are driven by decisions to develop, outside of City control. Expenses are also related to projects and . are partially out the control of the City too. In this case, City staff found more efficient ways to work and procure needed services and saved budget dollars as a result that will have full impact in future years. Staff expects these trends to continue to offset these expenses in the future with the new development fees and structures in place and eventually normalize. 415 CODE ENFORCEMENT: Costs are under budget for the period with a full as this department transitions once again with the hiring of new officers. Revenues exceed expectations and spending was less than budget which results in a favorable performance. This department will even out in the future as activities and costs and normalized over time. 420 FIRE: This department structure changed substantially in FY 2023 with the removal of any out-of-county strike team revenue and expense moved to fund 72. The department did overspend its budget by nearly $70,000 or about 10%. This was across several categories - everything from benefits and supplies to repairs and fuel. Volunteer expenses were the most over-budget, but it is also reflective of an active department with many needs to get volunteers the equipment and supplies needed to perform on the job.
425 PARKS & GROUND: This budget is just under budget for the year. However, the increased professional expense related to hiring temps and other affiliated expenses to handle short term priority projects charged here and were not anticipated in the normal operations budget. This is a continuing trend from the two prior year and needs to be controlled in the future to prevent ongoing budgetary issues.
426 ANIMAL CONTROL: This department was successfully outsourced to the City of Visalia at a competitive. rate and is likely to keep expenses stable and provide some savings to the General.

Fund each year for many years to come. It is just over budget slightly this year because of delays in billing and this was anticipated from prior year.

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ENTERPRISE FUNDS UPDATE
Utility Operations are, after the General Fund, the cost centers of primary concern for the City.

These operations are housed in the enterprise funds and operate more like separate businesses than government. Primarily, this is reflected in how they are funded through user fees rather than taxes and must turn a profit to exist, whereas governments must provide essential services despite the condition of the tax revenues.

The Water Fund is the first major enterprise fund and performed better this year even without any increasing rates this year. Before accounting for depreciation, the fund earned enough to cover all its expenses this year. This is now the third year in a row it has been able to do this which proves, despite collection issues due to emergency orders from the State, the fund is remaining healthy each year. However, once considering the full cost of the enterprise, it is likely to only just break- even.

This will become an ever-increasing complex business type to manage and will have significant challenges ahead, both financially and legally. The operations are under analysis to project new rates going forward currently.

Water Fund - FY 2023 Expenses Revenues Gain / (Loss)
Budget 1,222,267 1,185,834 (36,433)
Actual 1,117,069 1,229,885 112,816,
The Sewer Fund was defined by the construction of the new Wastewater Treatment Plant recently.

Now that the project is complete it will be defined by the requirements to repay the substantial amounts of debt it is carrying. Ongoing operational costs are proving expensive but necessary and will require rate increases to meet both operation needs and debt covenant requirements. The City continued to work in FY 2023 with its advisors to make sure that it meets and exceeds all debt covenant requirements for this new asset as well as evaluating future rates.

As indicated last year, the current estimate is that rates will need to be increased by FY 2025 to avoid technical default. Due to the debt service agreements with USDA and the State, the City must maintain a ratio of 110% of revenue compared to the debt service. This means that the sewer fund must turn a profit of at least 10% each year to meet this requirement for the next 40 years.

Therefore, keeping rates appropriate and current are absolutely essential.

Sewer Fund - FY 2023 Expenses Revenues Gain / (Loss)
Budget 2,496,414 2,016,831 . (479,583)
Actual 2,011,636 2,077,459 65,823,
With the new residential trash rate increases going into effect each July 1, starting in FY 2021, the Refuse fund has been performing better than expected and keeping up to speed with the

Page 6 ends

contracted cost increases from the provider. However, more unfunded mandates from the State will continue to push expenses higher and strain this fund potentially very soon. The City is working closely with Mid Valley Disposal to be prepared for the new legal and operational mandates while trying to keep costs reasonable for residents and businesses.

Refuse Fund - FY 2023 Expenses Revenues Gain / (Loss)
Budget 836,733 911,495 74,762
Actual 839,918 950,938 111,020.

CAPITAL PROJECT UPDATE
The fourth official year with a separate Capital Fund went well and progress has been made to improve this process again for FY 2024. Here is a summary of the spending from the Capital Budget for FY 2023. Spending was substantially lower than planned but this was because projects were delayed or slower than the original budget. Much of these costs therefore, were not saved, but only delayed and pushed off to future years. Many of these costs are anticipated in FY 2024.

Capital Fund - FY 2023 Expenses Revenues Gain / (Loss)
Budget 1,290,022 1,290,022
Actual 490,385 490,385
Measure Q supports almost all the capital costs in any given year and so is an important measure to look at when it comes to looking back on the years' performance. As previously warned, revenue did not perform as expected, not even reaching the revised-down figure adjusted at mid- year of FY 2023. Additionally, spending was also down, primarily due to delays and the slowing of projects as mentioned in the previous paragraph about the capital budget. Much of Measure Q and the Capital Budget are related and go hand-in-hand.

Measure Q - FY 2023 Expenses Revenues Gain / (Loss)
Budget 1,938,022 1,209,666 (728,356)
Actual 1,117,385 1,037,020 (80,365),

FUND BALANCE UPDATE
This update of the cash balances of each of the funds is independent of what is budgeted in each fund and is only reflective of the cash on hand at the moment the report is generated.

Page 7 ends

ENDING CASH POSITIONS OF CITY OF FARMERSVILLE FUNDS FY 2020 TO FY 2023 10/2/2023 ACCOUNT 6/30/2020 6/30/2021 6/30/2022 12/31/2022 6/30/2023 KEY:
01 GENERAL FUND 463,212.90 1,347,524.58 641,284.08 (382,270.39) 201,839.91 UNOBLIGATED 08 SELF INSURED RESERVES 401,000.00 551,000.00 801,000.00 801,000.00 801,000.00 WATER ENTERPRISE ONLY 60 AMERICAN RESCUE PLAN (ARPA) 1,176,000.79 2,299,954.43 2,214,152.53 SEWER ENTERPRISE ONLY 102 GENERAL FUND RESERVE 1,439,868.82 1,439,868.82 1,439,868.82 1,439,868.82 1,439,868.82 REFUSE ENTERPRISE ONLY 103 GENERAL FUND CAPITAL 44,081.31 (213,482.61) (460.92) RESTRICTED (VARIOUS) 104 MEASURE Q (CANNABIS) 383,619.12 1,065,025.91 1,462,839.03 2,063,006.75 1,477,750.66 ROSSEND T
General Government Total 2,731,782.15 4,403,419.31 5,520,992.72 6,008,077.00 6,134,151.00 02 WATER UTILITY 831,911.33 1,070,986.34 1,171,847.36 1,377,826.02 1,297,051.40 04 SEWER UTILITY 2,662,446.54 5,568,637.98 5,752,974.77 5,729,749.43 5,452,795.10 06 REFUSE UTILITY 360,391.26 372,826.47 379,402.93 473,578.85 445,361.91| 09 CUSTOMER DEPOSITS 78,934.66 13,948.70 16,401.63 20,101.63 24,922.63 Utilities Total 3,933,683.79 7,026,399.49 7,320,626.69 7,601,255.93 7,220,131.04 12 FEDERAL AND STATE GRANTS (96,734.92) (426,346.07) (257,554.87) (491,585.39) (700,268.42) 50 CHILDCARE FUND
Pass Through Grants Total (96,734.92) (426,346.07) (257,554.87) (491,585.39) (700,268.42) 10 POLICE DEPT SLESF
11 DRUG ENFORCEMENT 16,962.82 17,044.00 17,155.46 16,467.51 17,448.90 14 POLICE DEPT SLESF 239,232.43 230,772.30 186,768.58 168,573.10 165,080.64 15 POLICE DEPT AB109
80 EVIDENCE HOLDING 11,364.85 17,779.85 17,779.85 20,779.85 20.779.85 82 ASSET FORFEITURES 2,767.19 2,297.03 2,312.05. 3,011.68 83 LIVE SCAN (3,765.00) (4,319.00) (4,493.00
Law Enforcement Total 266,562.29 263,574.18 219,522.94 205,820.46 206,321.07 72 FIRE ASSET REPLACEMENT (21,354.76) 7,014,123.75
Fire Department Total (21.354.76) 7,014,123.75
03 WATER DEVELOPMENT 380,419.72 387,002.19 292,154.94 305,140.40 376,097.80 05 SEWER DEVELOPMENT 1,004,457.45 1,025,088.79 806,463.75 829,445.82 953,527.02 23 STORM DRAIN DEVELOPMENT 152,931.22 154,642.98 8,317.38 15.051.38 59,702.12 30 PARK DEVELOPMENT 18,718.68 18,991.55 21,050.61 24,442.47 38,856.98 61 CIRCULATION DEVELOPMENT 249.59 767.46
62 GOV FACILITIES DEVELOPMENT 760.28
63 LIBRARY DEVELOPMENT 14.45 44.43
64 COMM FACILITIES DEVELOPMENT 782.92 2,407.40
71 FIRE DEVELOPMENT 162,774.50 157,505.52 160,799.41 103,427.09 183,911.36 81 POLICE DEVELOPMENT 151,768.42 14,191.96 25,671.38 8,513.54 68,984.81 Developer Impact Fees Total 1,871,069.99 1,757,422.99 1,314,457.47 1,287,067.66 1,685,059.66 20 STP 1,048,578.10 90,021.87 845,348.62 845,348.62 859,943.61 21 GAS TAX 409,523.80 373,625.71 263,225.80 248,057.44 240,534.77 22 TDA / LTF 1,138,543.28 1,612,361.48 1.750.797.81 2,268,556.96 2,105,900.50 25 STREET MITIGATION 32,090.60
26 MEASURE R 1,399,930.99 1,338,077.96 (516,605.77) 1,700,174.82 2,574,894.77 27 RMRA (SB1) 256,830.88 226,402.86 339,013.65 459,720.83 Streets & Transportation Total 4,285,497.65 3,414,087.02 2,569,169.32 5,401,151.49 6,240,994.48 31 PARK IMPROVEMENTS (11,515.72) (100,010.56) 198,671.19 (1,109,769.63) (1,291,007.14) 35 MAINTENCE DISTRICTS (3,602.40) (5,270.14) (7,250.92) (6,763.23) 612.89 39 CITY PROPERTIES 21,944.80 59,992.15 82,101.49 85,583.14 86,933.37 Maintenance Total 6,826.68 (45,288.55) 273,521.76 (1,030,949.72) (1,203,460.88) 40 CDBG PROGRAM INCOME 3,527.14 56,606.86 328,730.77 358,321.77 435,500.61 41 HOME PROGRAM INCOME 36,383.73 66,758.58 22,802.70 88,152.70 188,526.09 42 CAL HOME PROGRAM INCOME 123,300.11 259,211.14 215,378.99 81,895.99 (159.47) Housing Total 163,210.98 382,576.58 566,912.46 528,370.46 623,867.23 TOTAL 13,161,898.61 16,775,844.95 17,527,648.49 19,509,207.89 27,220,918.93

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ECONOMIC UPDATE
The headline news lately is all about what the Federal Open Market Committee (FOMC) will do next to combat inflation and keep the economy balanced. The FOMC has two main targets to keep in line - inflation (target: low) and employment (target: high). Because of all the recent economic impacts, the FOMC had been focused on employment through the pandemic shutdown but has turned to focus on inflation.

The FOMC kept level after raising rates at an historic rate (5.00% to 5.25% target range as of September 2023) displaying the commitment and level of concern that the FOMC is showing for inflation. This has created enormous amounts of volatility for markets across the world.

Borrowing cash for projects and homes has become expensive (by design), and the US dollar is increasing in value dramatically compared to the world, and yet the economy continues to surge ahead.

Despite FOMC action to slow the economy, the Personal Consumption Expenditures (PCE), which is the key inflation measurement used by the FOMC, still shows a significant decrease in October (about 3.9% annual rate) and headed lower as the calendar year closes. This means that despite increased prices, consumers are still buying goods and services but at a slower rate.

Some of the effects of the FOMC actions are felt firsthand in Farmersville with 30-year fixed rate mortgages over 7%. Making housing less affordable will have an impact on demand and supply of homes, and therefore also the economy and inflationary factors as well. California is especially hard hit in this category with many existing homeowners staying put because of substantially lower mortgage rates from refinancing during the pandemic.

The efforts by the FOMC are beginning to work on a broader scale as evidenced by a routine decline month after month now but still not enough to meet the target level desired by the FOMC.

The FOMC needs to slow the economy to bring inflation down but risks creating a recession as a result. A recession is typically measured by two quarters of consecutive negative changes in GDP.

The debate of whether this recession will occur continues to rage with new calls recently expecting increased odds of a recession.

Not all news is grim though which is part of the reason for volatility. Job growth was favorable and remains high currently. As of August 2023, unemployment rates were 3.8% nationally, 4.6% in California, and 9.8% in Tulare County compared to 3.8% nationally, 4.1% in California, and 7.9% in Tulare County in August 2022. Some increases in unemployment will be favorable indicator for inflation coming under control.

Gas Prices have been unexpectedly and especially volatile the last couple of years. FY 2022 was dominated by exceptionally high prices followed by FY 2023 with exceptional low and stable prices. FY 2024 is expected to be higher and prices are already spiking but it remains to be seen if they will persist or follow a more typical pattern of highs and lows seasonally.

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60 Month Average Retail Price Chart
Regular Gas Regular Gas
Price (US S/G) Fresno
USA Average Price (US S/G)

6.32 6.32

5.86 5.86

5.40 5.40

4.94 4.94

4.49 4.49

4.03 4.03

3.57 3.57

3.11 3.11

2.66 2.66

2.20 2.20

1.74 1.74
... .

Date (Month/Day) ©2023 GasBuddy.com
So what does this mean for the City?
High inflation, expensive lending rates, and high gas prices are all potentially difficult impacts on residents of Farmersville as well as the City. However, the economic factors at large are still positive although expectations for a recession are now higher than before (especially with the threat of a government shutdown). This could translate to reduced revenue for the City in the future, or at least much slower growth. The City also benefits from increased revenue due to high gas prices but not enough to offset other recessionary impacts.

Recent reports regarding revenue related to the cannabis industry show that the market is entering the business cycle phase typically referred to as "saturation". This means that revenue will likely decline as more and more businesses enter the industry, but the demand for the industry does not rise proportionately. This means that future cannabis business tax is likely to be lower, but it is not known by how much. Additionally, local competition is a major factor for why Farmersville is suffering more than the State average.

As the current health crisis wanes, normal economic factors typical for the fourth quarter holiday shopping season will likely resume but it is uncertain how that will unfold. The City ended FY 2023 in a difficult position, and barring any direct impacts to the cannabis and gasoline retail sectors it is expected to continue growing but at much reduced rate than prior years.

As before, Farmersville will have to navigate a difficult near term with future revenues likely to slow down or decline while prices will remain elevated. The City would be wise to moderate spending and avoid unnecessary financial risks when possible.

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NOTEWORTHY NEWS & FUTURE OUTLOOK
Finance staff anticipates uncertainty to dominate the year which will force the City into a conservative position at the time of the mid-year review (sometime in January 2024) until more is known about inflationary and recessionary impacts on Farmersville and the economy as a whole.

As with the key point listed above, prudently monitoring spending and being patient will help the City avoid dangerous financial pitfalls. However, commercial and residential development leading to growth of the tax base will be crucial for the City. Streamlining and expediting approval processes to get tax-generators up and running as soon as possible will be a win-win scenario.

Currently, audit work is underway for Fiscal Year 2022-23. So far; the process is going well, and it is anticipated that the process will be completed on time by December 31, 2023 with the Final Audited Financial Statements delivered to Council for review in January or February 2024.

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CITY OF

FARMERSVILLE
City Council
Staff Report 8D
TO: Honorable Mayor and City Council
FROM: Steve Huntley, CPFO IPMA-SCP
Director of Finance and Administration
DATE: October 9, 2023
SUBJECT: Annual Measure Q Report for Fiscal Year 2022-23 RECOMMENDED ACTION:

It is recommended that City Council receive and file the report after a brief presentation by City staff on the subject. The report is complete and has been posted on the City website for the public to access and review.

FISCAL IMPACT:

No direct impacts, but the report informs the Council and the Public about past performance of the City financially and potential future budget impacts to consider.

ATTACHMENT(S):

1. Annual Measure Q Report for Fiscal Year 2022-23
City of Farmersville
June 30, 2023
Measure Q: Cannabis Business Tax
Fiscal Year 2023
Beginning Balance 1,764,393.29
Fiscal Year 2023 Revenue Expense Remaining
298,613.46 0.00 298,613.46
20 274,986.45 0.00 274,986.45
3Q 221,361.49 0.00 221,361.49
4Q 242,059.07 1,117,385.00 -875,325.93
Total, Ending Balance 1,037,020.47 1,I17,385.00 1,684,028.76 Cannabis Business Tax Spent vs. Remaining Balance
Revenue/Expense
1,200,000.00

1.000,000.00
800,000.00
Spent:
1,117,385.00
600,000.00
40%
Remaining:
400,000.00
1,684,028.76
200.000.00 60%

0.00 10 20 30 4Q
• Revenue Expense
• Revenue = Expense

1.457.766.02
1,315,527.79

1.117,385.00

1.037.020.47
986,625.73
693.745.96 716,020.75

0.00 2019-20 2020-21 2021-22 2022-23
Expense by Type
Vehicles, 90.375.58.

Professional & Contractual
Projects, 370.362.28. 33%
Equipment. 129,647.5l.
12%
Salary & Benefits, 317.000.00. 28%
Expense by Department
Community Devlp.. Administrative.
186,590.00.17% 130.521.00. 12%
Police, 296,867.12, 26%
Public Works, 333.407.25. 30%
Fire, 170,000.00.
15%
Expense
Type Description Department Amount
Professional & Contractual Srv Cannabis Operations Costs Administrative 30,000.00 Projects Contingency for Expense Administrative 100,000.00 Salary & Benefits Temporary Employees Public Works 50,000.00 Professional & Contractual Srv Boys and Girls Club Youth Community Devlp. 100,000.00 Professional & Contractual Srv Farmersville Unified School Swim Community Devlp. 20,000.00 Salary & Benefits Police Officer position Police 97,000.00 Salary & Benefits Fire Battalion Chief position Fire 170,000.00 Professional & Contractual Srv Townsend & Associates Community Devip. 60,000.00 Equipment Office Remodel Police 116,923.76
Vehicles Patrol Cars Police 82,943.36
Projects General Plan Update Community Devlp. 6,590.00
Projects Street Light Improvement Study Public Works 46,100.00 Projects ADA Sidewalk Improvements Public Works 52,750.00 Projects Armstrong Park - Parking Lot Public Works 57,420.04 Projects Liberty Park - Lights Public Works 95,481.52
Projects Jennings Park Public Works 2,499.72
Projects Church Museum - Paint Public Works 9,000.00
Equipment TriMax 493 Field Mower Public Works 12,723.75 Vehicles PW Trucks Public Works 7,432.22
Projects City Hall Parking Lot (Phase I) Administrative 521.00

1.117,385.37
Type Description Department Amount
Projects 370,362.28
Salary & Benefits 317,000.00
Equipment 129,647.51
Professional & Contractual S 210,000.00
Vehicles 90,375.58
1,117,385.37
Type Description Department Amount
Administrative 130,521.00
Police 296,867.12
Fire 170,000.00
Public Works 333,407.25
Community Devlp. 186,590.00
1,117,385.37

CITY OF

FARMERSVILLE
City Council
Staff Report 8E
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: October 9, 2023
SUBJECT: Approval of Measure R Supplemental Agreement for Transit Center Project, Bike and Pedestrian Improvements, and HAWK System
RECOMMENDED ACTION:

It is respectfully recommended that the City Council review the Supplemental Agreement with Tulare County Association of Governments (TAG) for Measure R funding of a portion of the Transit Center project, bike and pedestrian improvements, and a HAWK System and adopt Resolution 2023-044.

BACKGROUND:

On November 7, 2006, the voters of Tulare County approved Measure R, imposing a ½-cent sales tax for transportation within the incorporated and unincorporated area of Tulare County through 2037. The transportation sales tax funds are spent in accordance with the Expenditure Plan that resulted from a joint effort among all the cities and the County of Tulare. The Expenditure Plan reflects the transportation needs of the residents of Tulare County and includes funding for Regional Projects, Local Programs, Transit/Bike/Environmental Programs and Administration.

DISCUSSION:

Self Help Enterprises was awarded $14.5 million for the Los Arroyos Housing and Transportation Improvement Project, which included $3,864,113 for a Transit Center and bike and pedestrian improvements. As part of the grant application, TAG agreed to contribute $910,000 in Measure R funds towards the Transit Center. Additional funding from REAP 2.0 in the amount of $1,800,000 has also been awarded to Self Help Enterprises. A Supplemental Agreement was approved in October 2022 for the Measure R funds, but as these projects have progressed over the last year, it has been determined that additional funds are needed for the Transit Center and the bike/pedestrian improvements.

This Program Supplement supersedes the prior agreement and will fund a portion of the costs for the Farmersville Transit Center, Bike and Pedestrian Improvements, and a HAWK System.

PROGRAM SUPPLEMENT FOR FARMERSVILLE MULTI-MODAL

HUB IMPROVEMENTS
Phase of work to be Funded Net Change/ New Agreement
Soft Costs $1,988,836
Site Preparation
Site Utilities
Construction and Capital
Construction Contingency $ 514,000
Total $2,502,836
COORDINATION & REVIEW:

The City has worked cooperatively to create these agreements side by side with TAG finance and executive staff, and Self Help Enterprises. These agreements have been reviewed and edited by all parties and by the City Manager's office.

FISCAL IMPACT:

There is no expected impact to the City other than City staff time and effort for the coordination and reimbursement of the project itself.
-
Attachments):

1. Resolution 2023-044: Supplèmental Measure R Agreement

2. Supplemental Measure R Agreement
RESOLUTION NO. 2023-044

BEFORE THE CITY COUNCIL OF THE CITY OF FARMERSVILLE A RESOLUTION

TO DIRECT THE CITY MANAGER TO SIGN A SUPPLEMENT TO THE MEASURE R

PROGRAM COOPERATIVE AGREEMENT
WHEREAS, in November of 2006 the voters of Tulare County approved Measure R; WHEREAS, Measure R is a ½ cent sales tax that addresses the major regional, local, and transit/bike/environmental report transportation needs in Tulare County; and , WHEREAS, the City has a project funded in part by State Funds through AHSC and a portion through Measure R that will pay for a portion of the expenses toward a new Multi-Modal Hub (Transit Center) on Front Street Between Kern and Ventura, bike and pedestrian improvements, and a HAWK System; and
•NOW, THEREFORE, IT IS ORDERED by the Farmersville City Council to have the City Manager execute a supplemental agreement with TAG to facilitate advance / reimbursement of a portion of the costs for the Multi-Modal Hub project, pedestrian improvements, and a HAWK System up to the limit of $2,502,836.00.

THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Councilmember _, seconded by Councilmember at a regular meeting
on this gth day of October, 2023, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:
•
Tina Lopez, Mayor Rochelle Giovani, City Clerk
1 MEASURE R PROGRAM SUPPLEMENT

TO COOPERATIVE AGREEMENT
AUTHORITY Agreement No
This Measure R Program Supplement Agreement ("Program Supplement") is made and entered into on _ by and between the CITY OF FARMERSVILLE ("SPONSOR") and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS ("TCAG"), acting as the Local Transportation Authority ("AUTHORITY"), and is made with reference to the following:

A. This Program Supplement hereby incorporates the "Measure R Cooperative Agreement" for Measure R Expenditures which was entered into between the SPONSOR and AUTHORITY on May 29 2007, and is subject to all terms and conditions thereof:

B. This Program Supplement is executed under authority of Resolution No _ approved by the SPONSOR on and by the AUTHORITY on
C. Self-Help Enterprises, a California non-profit, public benefit corporation ("AGENT"), SPONSOR, and TCAG partnered and were awarded an Affordable Housing Sustainable Communities ("AHS") Grant by the State of California for an affordable housing, transit center, and bike/pedestrian facilities project within SPONSOR'S jurisdiction (the "Project"). Under a separate agreement between AGENT and SPONSOR, AGENT will be responsible for carrying out said Project and meeting all terms of said grant.

D. The Farmersville Multi-modal Hub ("MMH"), which is a portion of said grant-funded Project, will provide a centralized location for transit services serving Farmersville and the surrounding Tulare County communities, including a minimum of two bus bays for existing and future bus services, a bus shelter, and public restrooms.

E. The total cost for the MMH portion of said Project is estimated at $5,445,504. AHSC grant funds are to contribute $2,617,938, REAP 2.0 funds are to contribute $1,800,000, and Measure R funds in the amount of $767,566 plus $260,000 in construction contingency, are to be contributed by SPONSOR toward said total cost.

F. The total cost for the Bike/Pedestrian Improvements ("BPI") portion of said Project is estimated at $2,721,445. AHSC grant funds are to contribute $1,246,175 and Measure R funds in the amount of $1,221,270, plus $254,000 in construction contingency, are to be contributed by SPONSOR toward said total cost.

G. This Program Supplement is sought in order to fund the transit center/bike and pedestrian improvements/HAWK System component costs for the MMH totaling $2,502,836. All expenses incurred in these phases of the Project, as shown below, are covered by this Program Supplement.

PROGRAM SUPPLEMENT FOR FARMERSVILLE

MULTI-MODAL HUB IMPROVEMENTS
Phases of work to be Funded Net Change/ New Agreement
• Soft Costs*;
• Site Preparation**;
• Site Utilities***. $1,988,836
• Construction and Capital****
1 • Construction Contingency $ 514,000
Total $2,502,836
Soft Costs include, but are not limited to, costs for Environmental review/studies; preparation of Plans, Specification and Estimates; Right of way support costs; Site or right of way acquisition for Cap. Improvement Project; Utility Coordination; Survey and Staking; Insurance; Bonds: Public Works Monitoring; and Project Management.

Site Preparation includes, but is not limited to, costs for Clearing and Grubbing; Demolition; Grading; Soil Stabilization (Lime, etc.): Erosion/Weed Control; Dewatering; and Compact testing.

Site Utilities includes, but is not limited to, costs of Sanitary Sewer; Irrigation; Storm Drain; Detention Basin/Culverts; and Utility Allowance.
**+*
Construction and Capital includes, but is not limited to, costs for Aggregate Base; Asphalt Pavement; Sidewalk, Curb and Gutter; Street Lights; Striping/Barricades (for Bicycle Facilities and for dedicated bus lanes); Signage; Signaling Prioritization Technology; Crossing and Traffic Signals; Roundabouts, median islands or curb extensions; Other traffic calming surtace improvements; Fencing; Boarding infrastructure; Seating/Benches; Bus/Transit Shelters; Vehicles; Other ITS Technology; and Other Transit,and Station Areas (such as Concrete/Masonry, and Security).

H. Upon execution of this Program Supplement the entire amount of $2,502,836 of Measure R funds is eligible to be advanced to SPONSOR for the purposes set forth above.

I. This Program Supplement supersedes the "Measure R Program Supplement to Cooperative Agreement" dated as of October 26, 2022, between the SPONSOR and the AUTHORITY concerning the Project and denominated as "Authority Agreement No. R20230004".

In consideration of the advance of Measure R funds by AUTHORITY to SPONSOR under this Program Supplement, SPONSOR agrees to the following Covenants.

COVENANTS OF SPONSOR
• 1.1 SPONSOR agrees that it will only proceed with work authorized for specific phase(s) with written "Authorization to Proceed" or AUTHORITY action and will not proceed with future phase(s) of this Projects) prior to receiving a written "Authorization to Proceed" or AUTHORITY action.

1.2 The SPONSOR or AGENT will advertise, award, and administer the Projects) in accordance with SPONSOR standards.

1.3 Award information shall be submitted by the SPONSOR or AGENT to the AUTHORITY within 60 days after the Project contract award

1.4 Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.

1.5 If no costs have been invoiced for a six-month period, then SPONSOR agrees to submit for each phase a written explanation of the absence of Projects) activity along with target billing date and target billing amount.

IN WITNESS WHEREOF, the undersigned parties have executed this Program Supplement on the day and year first written above.

TULARE COUNTY TRANSPORTATION AUTHORITY
By: Attest:
2 Authority Executive Director Authority Finance Director

CITY OF FARMERSVILLE
By: Attest:

City Manager City Clerk •
•
ACKNOWLEDGED AND AGREED TO:

SELF-HELP ENTERPRISES
By: _
Signature
Thomas J. Collishaw
Print Name
• Its: Chief Executive Officer
Print Title
By:

Signature
David Ebenezer
Print Name
Its: _ Chief Financial Officer
Print Title
Note to Comporations: Unless this contract is accompanied by a certified copy of a resolution by the corporation's Board of Directors authorizing the execution of the contract by a single named officer, TAG requires that, pursuant to Cal. Corp. Code § 313 contracts with a corporation be signed by two individuals, one from each of the following lists of officers: (I) chair of the Board of Directors. the President, Chief Executive Officer, or any Vice-President; and (2) the Secretary, any Assistant Secretary, the Chief Financial Officer, Treasurer, or any Assistant Treasurer of the corporation.

Jk/9-20-2023/TCAG-general/2042351.docx
• •
3 CITY OF

FARMERSVILLE

BLE NORTORAND
City Council
Staff Report 8F
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: October 9, 2023
SUBJECT: Public Hearing: Close-Out of the 2018 CDBG Youth Services Program RECOMMENDED ACTION:

It is recommended that the City Council accepts and approves the close-out report on the 2018- CDBG Youth Services Program grant (18-CDBG-12909).

BACKGROUND and DISCUSSION:

The City was awarded $250,000 in CDBG funding in August 2019 in response to the 2018 CDBG NOFA application. Program clearance was received on February 18, 2020 to incur eligible costs.

The City of Farmersville proposed to use CDBG funds to continue existing services to its youth through activities implemented by the Farmersville Boys & Girls Club. Funding allowed the Boys & Girls Club to continue comprehensive youth development programs, including health and fitness instruction, an intra-mural sports program, character and citizenship programs, and academic enrichment.

Grant funds helped to provide Boys & Girls Club Services to approximately a total of 905 youth.

As of September 2022, funds were expended as follows:
18-CDBG-12909 Budget Amount Spent Description of Project Activity $232,558 $232,558 Services provided at the Boys & Girls Club
General $17,442 $17,442 Grant administration expenses
Administration
TOTAL $250,000 $250,000 Amount to disencumber: $0.00
Upon approval, the City's grant administrator, Self-Help Enterprises, will prepare and submit the final closeout documents to CA Department of Housing and Community Development (HCD).

CITY OF

FARMERSVILE
City Council
Staff Report 8G
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: October 9, 2023
SUBJECT: Public Hearing: Close-Out of the 2018 CDBG Senior Services Program RECOMMENDED ACTION:

It is recommended that the City Council accepts and approves the close-out report on the 2018- CDBG Senior Services Program grant (18-CDBG-12910).

BACKGROUND and DISCUSSION:

The City was awarded $140,000 in CDBG funding in August 2019 in response to the 2018 CDBG NOFA application. Program clearance was received on February 18, 2020 to incur eligible costs.

On April 3, 2017, the City of Farmersville established a Senior Center providing meals and services at the City's Community Center. SET (Community Services & Employment Training, Inc.), the Community Action Agency for Tulare County, was engaged as a subcontractor to operate the Center.

In 2018, the City submitted a funding application in response to the 2018 CDBG NOFA for the purpose of continuing to provide well-balanced meals and diabetes management for persons at least 60 years old in the City, in addition to providing shelter from extreme weather and a source of social interaction.

Grant funds helped to provide a total of 6,360 meals. As of August 2022, funds were expended as follows:
18-CDBG-12910 Budget Amount Spent Description of Project Activity $130,233 $130,229.65 Meals provided at the Senior Center and related expenses
General $9,767 $9,767 Grant administration expenses
Administration
TOTAL $140,000 $139,996.65 Amount to disencumber: $3.35 and the City will disencumber the remaining funds of $3.35.

Farmersville City CouncilOctober 9, 2023

Farmersville City Council
October 9, 2023