Agenda — Farmersville City Council, November 13, 2023

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, November 13, 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: 820 7139 1332
Password: 839669

1. Call to Order:

2. Roll Call:

Invocation:

4. Pledge of Allegiance:

5. 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:

A. Introduction & Badge Pinning of Officer Jahni Newhauser and Promotion of Corporal Diego Corona

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 October 23, 2023.

Recommend approval of minutes.

Documents: Draft Action Minutes of October 23, 2023
Request by Farmersville Kiwanis for Special Event Funding for Fiscal Year 2023-24
:

Recommend that the City Council review and approve a request from Farmersville Kiwanis in the amount of $1,310.

Documents: Event Funding Application
D. Approve Contract with Boys & Girls Clubs of the Sequoias for Youth Services in the amount of $100,000
Recommend that the City Council approve the contract with Boys & Girls Clubs of the Sequoias for Youth Services in the amount of $100,000.

Documents: Boys & Girls Club Agreement

8. General Business
A. Appointment to Planning Commission for Unexpired Term Recommend that the City Council appoint Araceli Ochoa to the Planning Commission for an Unexpired Term.

Documents: Ochoa Application
B. Discussion and Direction on Animal Control Contracted Services Recommend that the City Council provides direction on contracting for Animal Control services and sheltering.

Documents: 2018 Agreement with City of Visalia

9. 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 Disabilities 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 Possíbilities

CITY OF
FARMERSVILLE Farmersville City Council
Regular Meeting
Tina Hernandez, Mayor
Danny Valdovinos, Mayor Pro Tem Monday, October 23, 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: 845 5135 8492
Password: 344462
Call to Order: 6:00 pm
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

3. Invocation: Councilmember Boyer

4. Pledge of Allegiance: Mayor Hernandez

5. Public Comment:

Charles Woody, the owner of Platinum Connection, provided an update on the ongoing construction at Platinum Connection. He informed the Council that the sewer and water plans were being completed, SCE has set up electrical boxes at the rear of the building, concrete has been poured inside the building, and troubleshooting is underway for the electrical systems inside the building.

Al Vanderslice, residing at 737 E. Costner St., voiced concerns regarding the timeframe within which Code Enforcement provides residents to correct Code Violations. He also expressed concerns about the Citation processing. Mr. Vanderslice would also like to request that Code Enforcement Officers visit the residence and inform the resident of the violation before issuing a citation for correction.

6. Presentations: None Given

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 October 9, 2023.

Recommend approval of minutes.

Documents: Draft Action Minutes of October 9, 2023
C. Finance Update for September 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: September 2023 Warrant Register
Investment Summary September 2023
•D. Update of Salary Schedule for Fiscal Year 2024 by Resolution 2023- 048 to add the new position of Technical Services Clerk Lead (TSCL) Recommend that the City Council update the Salary Schedule for Fiscal Year 2023-24 by Resolution 2023-048 to add the Technical Services Clerk Lead (TSCL) position to the Police Department.

Documents: Updated Salary Schedules for Fiscal Year 2023-24 Resolution 2023-048
Motion to approve as presented.

Councilmember Boyer abstained from 7-C warrant register due to Self Help Enterprises.

RESULT APPROVED (UNANIMOUS)
MOVER Counçilmember Gomez
SECONDER Mayor Pro Tem Valdovinos
AYES Hernandez, Valdovinos, Gomez, Hinojosa
•ABSENT
ABSTAIN Boyer

8. General Business
A. Public Hearing: Close-Out of the 2020 CDBG Community Development Planning Activity - Environmental Clearance and Engineering Planning for Alley Improvement Project and adopt Resolution 2023-047
Recommend that the City Council adopt Resolution 2023-047 acknowledging the accomplishments and confirming activity completion of the Community Development Block Grant (CDBG) Community
Development Planning Activity: Environmental Clearance and Engineering Planning for the Alley Improvement Project.

Documents: Resolution 2023-047
City Manager Jennifer Gomez presented the Council with background information related to the 2020 CDBG Community Development Planning for the Alley Improvement Project closeout. Ms. Gomez reminded the Council that the project encompassed a Topographic Survey and Base Mapping, Utility Coordination, Plans, Specifications, Estimates, Technical Studies, a Categorical Exclusion Checklist, and compliance with CEQA. She concluded that the review and adoption of Resolution 2023-047 confirms and acknowledges the completion of the 2020 CDBG Planning and Technical Assistance grant.

A public hearing was opened at 6:13 pm and closed at 6:13 pm with no comment.

Motion to approve as presented.
•

RESULT APPROVED (UNANIMOUS
MOVER. Councilmember Boyer
SECONDER 'Councilmember Gomez
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT

ABSTAIN
B. Public Hearing: Development Impact Fees Report for FY 2022-23 Recommend that the City Council conduct a public hearing to receive public comment on the attached Annual and Five-Year Reports for Development Impact Fees (DIF) related to Government Code 66006 (b)(2) and then to review and accept the report at the conclusion of the public hearing by adopting Resolution 2023-046.

Documents: Resolution 2023-046
Annual and Five-Year Reports for DIF
Appendix A: Development Fee Acct. Summary
Appendix B: Summary of Projects
Appendix C: New DIF Structure
Director of Finance and Administration Steve Huntley presented the Council with the following report regarding the Development Impact Fees for FY 2022-23. Mr. Huntley reminded the Council that Development Impact Fees for the City of Farmersville are a part of the City's Municipal Code, intended for "mitigating the impacts caused by new development throughout the City. " Mr. Huntley attached a copy of the Annual and Five- Year reports for Development Impact Fees for the Council to review. Mr. Huntley answered questions from the Council.

Councilmember Boyer had concerns and questions regarding the Urban Water Management Plan and the reporting guidelines. Mr. Huntley informed the Council that reporting is not necessary until 2025 unless our number of water connections or housing changes.

A public hearing was opened at 6:22 pm and closed at 6:22 pm with no comments.

Motion to approve as presented.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Gomez
SECONDER Councilmember Boyer
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT 0

ABSTAIN
•
C. Public Hearing: Update Cannabis Dispensary Fees by Resolution 2023-045
Recommend that the City Council conduct a public hearing to receive public comment on the attached new fee schedule for Cannabis Businesses by Resolution 2023-045 to be added to the Comprehensive Fee Schedule of the City of Farmersville.

Documents: Resolution 2023-045
Steve Huntley, Director of Finance and Administration, discussed the regulations pertaining to Commercial Cannabis Businesses. Mr. Huntley informed the Council that - costs related to the compliance process have changed, prompting a revision of fees.

The annual renewal fee for the City's cannabis businesses will increase from $10,000 to $12,200 per year to cover the expenses associated with audit and compliance checks conducted by our consultant, HDL Companies. Mr. Huntley addressed questions from the Council.

A public hearing was opened at 6:26 pm and closed at 6:26 pm with no comments.

Motion to approve as presented.

RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Gomez
SECONDER Mayor Pro Tem Valdovinos
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa.

ABSENT 0
ABSTAIN 0
Council Reports
A. City Council Updates and Committee Reports
Councilmember Hinojosa raised ongoing concerns about speeding traffic at the Ash and Farmersville Blvd intersection. He inquired about potential solutions; like the installation of a flashing light.

Councilmember Boyer voiced his concerns about speeding vehicles at the Ash and Farmersville Blvd intersection. He expressed gratitude to the Code Enforcement for their recent graffiti removal and weed abatement efforts, mentioning that the city's appearance has improved. Mr. Boyer also thanked the Public Works department for their assistance during the Sports Park Clean Up. He further thanked Public Works for their continued work at Roy's Park.

Councilmember Gomez attended a TCRTA (Tulare County Regional Transit Agency) meeting, during which discussions were held regarding the selection of a new executive director. During the meeting, Mr. Gomez also expressed concerns about the replacement of multiple streetlights on Farmersville Blvd. He noted that this streetlight issue has been discussed in several Council meetings but has yet to be resolved.

Furthermore, Mr. Gomez voiced concerns about a recent hit-and-run accident at the intersection of Petunia and N. Ventura Ave. and suggested the installation of a three- way stop.

Mayor Pro Tem Valdovinos is concerned about the insufficient lighting on Farmersville Bivd, and he pointed out that several streetlights are not working. Additionally, Mr.

Valdovinos has requested increased patrolling in Downtown Farmersville.

Mayor Hernandez expressed concers about the lack of lighting on Farmersville Bivd.

Ms. Hernandez also raised concerns about multiple break-ins at the storage facility.

Police Chief Brock informed the Council that the break-ins are currently under investigation. He also advised the storage facility owner to consider installing new cameras or alarms to enhance security.

10. Staff Communications:

City Manager Gomez briefed the Council on the Tree Planting Event that occurred on Friday, October 20th. She shared that around 100 children participated in the event, and that 5 trees were successfully planted through the Freedom Field grant:

Director of Finance and Administration Steve Huntley informed the Council that the yearly audit has started. Mr. Huntley also advised the Council that he recently was a part of the interview process for the TCRTA (Tulare County Regional Transit Agency) Finance Manager.

City Engineer Elsia Mejia updated the Council on her active involvement in the transition process as the new City Engineer.

Public Works Director Jeff Dowlen informed the Council that he would resolve the issues with the broken streetlights.

Battalion Chief Thomas reported to the Council that the Fire Water Tender was present at a controlled burn last Friday. The Water Tender performed efficiently, and he expressed anticipation in supporting other agencies in the future.

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 adjournment the meeting at 6:41 pm.

Respectfully submitted,
Rochelle Giovani, City Clerk
Strong Roots.... Growing Possibilities

CITY OF

FARMERSVILLE
City Council
Staff Report 7C
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: November 13, 2023
SUBJECT: Request by Farmersville Kiwanis for Special Event Funding for Fiscal Year 2023- RECOMMENDED ACTION:

It is recommended that the City Council review and approve a request from Farmersville Kiwanis in the amount of $1,310.

BACKGROUND and DISCUSSION:

The City Council established an annual grant program in which funds may be awarded to applicants that fund activities or events which will benefit the community. Farmersville Kiwanis has requested $1,500 and In Kind Support for the Christmas Tree Lighting and Santa's Visit event. Their request would cover all of their expenses which would include supplies, food, permits, and items to give out to children. The in kind support would be assistance and attendance by Public Works, Police Department, and Fire Department personnel.

The event will take place on December 1st and will be free to the public. This is an annual event. Councilmember Gomez has reviewed the application and recommends the approval of $1,310.

FISCAL IMPACT:

Approving this request will leave a balance of $10,690 in the Special Event Budget in the current fiscal year.

DOCUMENTS:

Event Funding Application
CITy of
2023-2024
City of Farmersville Event Funding
Request Form A
(Request for Assistance $100-$2000)
Special Notice for Fiscal Year 2023-2024:

This announcement of submission of an application is in no way a commitment of funding.

Request Guidelines:
• If you are requesting financial assistance for more than one event, a separate request form and distinct separate budget must be submitted for each request. • Any questions re submitting a funding request should be directed to the City of Farmersville 559-747-0458

1. Name orEvent: hristmas Tree Lighting and Santa's Visit

2. Date of Event: December 1, 2023

3. Location of Event: Farmersville Museum

4. Name of Applicant/Organization hosting event: Farmersville Kiwanis

5. Contact Person:

Name: Alice B. Lopez
Title: Farmersville Kiwanis Secretary
Phone: (559) 423-4280
Email: lopez-alice e sheglobal net
Address: 442 N Matthew Ave
City: Farmersville State: _Ca_ zip: 93223
. Description of Event: Lighting of City Christmas Tree and Santa visit
chrouch donations ana surchase provide
goodie bags, drink and pastry lboncorn oro-ther snack
vat no lost.

7. Describe what benefits the community and City of Farmersville will receive from the Provides communite with a Christmas Kick off
with the chance to mingle eat, take picture
with Santon. city Police and Fire also in
attendance can make contact with children # adults

8. Anticipated Number of out-of-town overnight attendees:_ €

9. Anticipated number of local attendees: 500+

10. Is this a fundraising event? Yes. No-

11. Event Promotion- What type of advertising/public relations/promotion methods do you plan to use to advertise the event? For example, provide details of promotional activities, materials, and ad placements, including the name of publications, location of billboards, tv/radio stations, websites, number of postcards to be produced, etc. " Banner aceoss Farmersville Bld ..

Face book
word of mouth

12. Is this event free to the public: Yes_

13. Is this a first time event: Yes_ : No

14. What hotels have committed to special rates or packages for the event date? none

15. Describe your procedures for crowd control and security:
-

16. How many estimated hotel room nights will be generated by this event?

17. Liability Insurance: Yes_ X No

18. Have you consulted with City/County/State and other agencies to determine what permits will be required to conduct this event? Yes_ No

19. Total Amount of Financial Assistance requesting: $_.

20. Complete this projected event budget worksheet:

Anticipated Revenue:

1. Admissions $

2. Booth/Space Rentals -

3. Corporate/Individual Sponsors — $
$

4. Other Revenue (please list)

5. Requested City of Farmersville In Kind Support (Please List) (ie., Permit Fee Waive, Traffic Control, Security, Electrical Support, Other City Staff Labor, City Equipment, Portable Restrooms, Street Barricades, City Facilities, etc.) 140 museum Rentals 85 PERMIT FEE
WAIVER
Electrial € Public works
$ REQUEST CITY COVER COST
Fire Dept "1
$_
Policenept -
$_

6. Requested City of Farmersville Monetary Support 1500 Total Projected Revenue:

Anticipated Expenses:

1. Personnel:

Administrative
Artistic - $ 300.00
Technical. $.

Other- Popcorn i baas $. 100.

2. Space Rental - $_ 250 unless waired

3. Equipment Rental $11O.

4. Miscellaneous Supplies $100.

5. Permits/License -- $ 225.140 unless waived

6. Advertising/Marketing- $

7. Other Expenses
quadie baus for children $_500
oriciment kits $. 200.

Total Projected Expenses: $1,700 cr
# 1,310 with waivers

OFFICIAL WITH CONTRACTING AUTHORITY FOR THE

ORGANIZATION
I HEREBY CERTIFY that the facts stated herein this Event Funding Request are true and correct to the best of my knowledge. The Event described herein will be conducted in : accordance with all applicable city/county and other regulations, and the Event provides equal access to employment and event participation without regard to race, color, religion, sex, national origin, age, disability, or military status in accordance with applicable federal laws.

Date: 10/24/25
Omars Name a it pint. lice 8 Lupez, Kiwanis Secretary.

Phone Number: 589 623-6280 E-Mail adres: Lopez-alice@s beglo balinel

CITY OF

FARMERSVILE
City Council
Staff Report 7D
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: November 13, 2023
SUBJECT: Approve Contract with Boys & Girls Clubs of the Sequoias for Youth Services in the amount of $100,000
RECOMMENDED ACTION:

It is recommended that the City Council approve the contract with Boys & Girls Clubs of the Sequoias for Youth Services in the amount of $100,000.

BACKGROUND and DISCUSSION:

Since the CDBG subrecipient agreement with Boys & Girls Club (B&GC) expired in 2022, the City has continued to contract with B&GC to provide youth services. The activities include providing health and fitness instruction; character and citizenship programs and activities; and academic enrichment.

The performance period under the proposed contract is from November 1, 2023 through October 31, 2024 with a contracted amount of $100,000.

FISCAL IMPACT:

The City Council approved $100,000 as part of the Fiscal Year 2023/24 Budget and funded by Measure Q: Cannabis Business Tax.

ATTACHMENT(S):

Boys & Girls Club Agreement

AGREEMENT BETWEEN THE CITY OF FARMERSVILLE

AND BOYS & GIRLS CLUBS OF THE SEQUOIAS
FOR

FARMERSVILLE YOUTH SERVICES
THIS AGREEMENT, entered this day of _ 2023 by and between the CITY OF FARMERSVILLE (herein called the "City") and BOYS & GIRLS CLUBS OF THE SEQUOIAS (herein called BGCS).

WHEREAS, the City wishes to engage BGCS to assist the City in utilizing funds as follows;
NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
BGCS shall be responsible for administering Youth Services funded through in a manner satisfactory to the City. Such program will include the following activities.

Program Delivery
Activity #1 Health and fitness instruction will utilize the Triple Play Healthy Habits and Triple Play Daily Challenges curriculum.

These curricula are designed to teach kids healthy nutrition habits and the importance of exercise and fitness.
curricula are fun and interactive. It is anticipated that 120 youth will participate in the Triple Play Programs.

Additionally, a year-round sports program will include
participation by youth ages 6 to 18.

Activity #2 Character and citizenship programs and activities will focus on providing experiences for kids, many of whom are
growing up infamilies that rely on public assistance, to see themselves as contributors to their community, rather than as consumers of public funds. These opportunities for
making a contribution will take place both at the Boys & Girls Club and in the community. Leadership and character
development programs will be offered through operation of the Boys & Girls Clubs of America's Torch Clubs and the Youth of the Year Program, which provides community
recognition and role models for Farmersville youth. It is estimated that 60 youth will participate in these programs. In addition, 60 youth will be engaged in the Serve Squad
1 Program, providing volunteer services within the community.

The Boys & Girls Club will serve as clearinghouse for youth volunteers in Farmersville.
'Activity #3 Academic enrichment will utilize Boys & Girls Clubs of All șervices will be provided at the Farmersville Community Center located at 623 N Avery St., Farmersville, CA 93223.

General Administration
, BGCS will maintain daily program attendance records. BGCS will maintain financial records of expenses consistent with the purposes of this Agreement.

B. Levels of Accomplishment - Goals and Performance Measures :

BGCS agrees to provide the following levels of program services:

Activity Attendance per Month Attendance per Year
Activity #1 70 Average 200 Average
Activity #2. 70 Average 200 Average
Activity #3 70 Average 200 Average
Health and Fitness activities include the following programs: Triple Play Healthy Habits, Triple Play Daily Challenges, Intramural sports leagues
Character and citizenship activities include the following programs:

Torch Club, Keystone Club, Community Service, and BGCA Youth of the Year program.

Academic enrichment activities include the following programs: Project _earn, CareerLaunch, Summer Reading Program, STEM activities and the My. Future technology exploration program
-
2 Staffing
• Area Director - 5 hours per week - Ensure compliance with regulations and program delivery;
• Unit Director 40 hours per week - Direct overall program; supervise •program staff;
• Program Specialist - Fitness - 20 hours per week - Coordinate daily sports activities at Club and intramural sports program, including coordination of volunteer coaches;
• Program Specialist - Health & Character - 20 hours per week - Conduct Healthy Habits and Character development programs;
• Program Specialist - Citizenship & Academic - 20 hours per week - Conduct Project Learn, Career. Launch, and Summer Reading Programs at Club; Coordinate youth community service and volunteer activities;
• Program Receptionist - 28 hours per week - Check all youth in and out; maintain paperwork, eligibility, and attendance data entry into Member Tracking System (MTS).

D. Performance Monitoring
City will monitor the performance of BGCS against goals and performance standards as stated above. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by BGCS within a reasonable period of time after being notified by the City, contract suspension or Il. TIME OF PERFORMANCE.

This Agreement shall begin on November 1, 2023, and end October 31, 2024.

HIL. BUDGET (Fiscal)
Line Item, Amount:
[Salaries 64,000
Fringe 12,000
Utilities 15,000
Technology Services 750
Reproduction/Printing
Supplies and Materials 3,500
Mileage
Audit 750
3 Training
Facility Expense - Maintenance 2,000
Non-employee insurance 2,000
TOTAL $100,000
The City may require a more detailed budget breakdown than the one contained herein, and BGCS shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any amendments to the budget must be approved in writing by both the City and BGCS.

IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed $100,000. Drawdowns for the payment of eligible expenses shall be made against the line item. budgets specified in Paragraph Ill herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph Ill and in accordance with performance.

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

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

City BGCS
Jennifer Gomez, City Manager Galen Quenzer, Exec. Director City of Farmersville • Boys & Girls Clubs of the Sequoias 909 W. Visalia Rd. 215 W Tulare Ave
Farmersville, CA 93223 Visalia, CA 93277
(559) 747-0458 - (559) 592-4074
VI. GENERAL CONDITIONS
• A! General Compliance
BGCS agrees to comply with all applicable Federal, state and local laws, regulations, and policies regarding their obligations under this Agreement.

BGCS further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 4 B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed.in any manner, as creating ог . establishing the relationship of employer/employee between the parties. BGCS shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. City shall be exempt from payment of'all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as BGCS is an independent contractor.

C. Hold Harmless
BGCS shall hold harmless, defend, and indemnify the City from any and all claims, actions, suits, charges, and judgments whatsoever that arise out of BGCS's performance or nonperformance of the services or subject matter called for in this Agreement.

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

E. Insurance & Bonding.

BGCS shall carry sufficient insurance coverage pursuant to City's Procurement Policy to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City or as may be required by City.

BGCS shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.

F. City Recognition •
BGCS shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. in addition, BGCS will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
5 from.
: G. Amendments
The City or BGCS may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are organızation,
amendments shall not invalidate this Agreement, nor relieve or release the City or BGCS from its obligations under this Agreement.

The City may, in its discretion, amend this Agreement to conform with Federal, State, or local governmental guidelines, policies and available incorporated only, by written amendment signed by both City and BGCS.

H. Suspension or Termination
• The City may suspend or terminate this Agreement if BGCS materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:

Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, policies or directives as may become applicable at any time;

2. Failure, for any reason, of BGCS to fulfill in a timely and proper manner its obligations under this Agreement;
Ineffective or improper use of funds provided under this Agreement; or
Submission by BGCS to the City reports that are incorrect or incomplete in any material respect.

This Agreement may also be terminated for convenience by either the City or BGCS, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the ortion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of this Agreement will not be accomplished as required herein, the City may terminate this Agreement in its entirety.
6 VIl. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

1. Accounting Standards
: BGCS agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

Cost Principles
BGCS shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizatións," or A- 21, "Cost Principles for Educational Institutions," as applicable.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping
Records to be Maintained
BGCS shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a) Records providing a full description of each activity undertaken;
b) Records required to determine the eligibility of activities; c) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with City's funds;
Financial records as required by 24 CFR 570.502, and
24 CFR 84.21-28; and
e) Other records necessary to document compliance with
Sübpart K of 24 CFR. Part 570.

2. Retention
BGCS shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. If there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then 7 such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.

Client Data
BGCS shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request.

4. Disclosure
BGCS understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or BGCS's responsibilities with respect to services provided under this Agreement, is prohibited by applicable State of Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Closeouts
BGCS's 'obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing 'of program assets (including the return of all unused materials, equipment, unspent cash advances, and accounts receivable to the City), and determining the custodianship of records.

6. Audits & Inspections
All BGCS records with respect to any matters covered by this Agreement shall be made available to the City, or anyone else authorized by City, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by BGCS within 30 days after receipt by BGCS. Failure of BGCS to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. BGCS hereby agrees to have an annual agency audit conducted in accordance with current City policy or directive.
8 •.
!
C. Reporting and Payment Procedures

1. Income
BGCS shall report monthly/quarterly all income (as defined at 24 CFR 570.500(a)) generated by activities carried out under this : Agreement. The use of income by BGCS shall comply with all Federal, State, and local laws, ordinances and regulations.

Indirect Costs
:

If indirect costs are charged, BGCS will develop an indirect cost • allocation plan for determining the appropriate BGCS's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City.

3. 'Payment Procedures
The City will pay to BGCS funds available under this Agreement based upon information submitted by BGCS and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by BGCS, and not to exceed actual cash requirements. Payments will be adjusted by the City in accordance with advance fund and program income balances available in BGCS accounts. In addition, the City reserves the right to liquidate funds available under this contract for costs incurred by the City on behalf of BGÇS.

4. Progress Reports
BGCS shall submit annual Progress. Reports to the City in the form, content, and frequency as required by the City:

D. Procurement
Compliance
BGCS shall comply with current City policy concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended income, property, equipment, etc.) shall revert to the City upon termination of this Agreement.
9 OMB Standards :

Unless specified otherwise within this agreement, BGCS shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48.

3. Travel
BGCS shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this Agreement.

VIll. PERSONNEL & PARTICIPANT CONDITIONS
A. • Civil Rights

1. Compliance
BGCS agrees to comply with local and state civil rights ordinances and with Title Vl of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

Nondiscrimination
BGCS agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.

The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.

B. Employment Restrictions
Prohibited Activity
BGCS is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
10 2. Labor Standards
BGCS agrees to comply with. the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as, amended, the provisions of Contract Work. Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. BGGS agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR. Part 5. BGCS shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request.

C. Conduct

1. Assignability
BGCS shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to BGCS from the City under this.

Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City.

2. Subcontracts
a) Approvals: "BGCS shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement.
b) Monitoring: BGCS will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c) Content: BGCS shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this
Agreement.
d) Selection Process: BGCS shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be 11 awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process.

3. Hatch Act
BGCS agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

Copyright
If this Agreement results in any copyrightable material or inventions, the City reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

Religious Activities
BGCS agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. -IX. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

X. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
: XI. WAIVER
The City's failure to act with respect to a breach by BCS does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
12 XII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the City and BGCS for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and BGCS with respect to this Agreement.

Date
IN WITNESS WHEREOF, the Parties have executed this contract as of the date written above.

City of Farmersville Boys & Girls Clubs of the Sequoias By_
City Manager Executive Director
Attest_
City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

City Attorney
13 ..a....

CITY OF

FARMERSVILLE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: November 13, 2023
SUBJECT: Appointment to Planning Commission for Unexpired Term RECOMMENDED ACTION:

Recommend that the City Council appoint Araceli Ochoa to the Planning Commission for an Unexpired Term.

BACKGROUND and DISCUSSION:

With the elevation of Armando Hinojosa to the City Council in 2022, a vacancy on the Planning Commission needs to be filled. The vacancy has been noticed by the City Clerk multiple times, and applications made available at the City Clerk's office. Recently the City has received one application: Araceli Ochoa.

This term will expire on June 30, 2024, so filling this vacancy will be for the remaining term. The applicant would be eligible for reappointment to a full term.

ATTACHMENTS:

Ochoa Application

CITY OF
OCT 26:23 PM 1:11

FARMERSVILLE
SUBMITTO:
2+1:11
City Clerk
909 W. Visalia Road
Farmersville, Ca. 93223
559-747-0458

CITY OF FARMERSVILLE
APPLICAȚION FOR COMMISSION APPOINTMENT
APPLICANTS ARE ENCOURAGED TO CONTACT A COUNCILMEMBER TO COMMUNICATE THEIR INTEREST. FOR APPOINTMENT.

1. _Araceli Ochoa
First Middle Last

2. Residence address: 779 W. Qualls Ct.

Farmersville. Tulare CA 93223
City County State Zip
Cell/Home
Phone(559) 303-0517
Email Address: [email protected]

3. Position sought: (List in order of preference)
1)_ Planning Commission
2)_
3)_
Proaram Development Associat
Business Title or Occupation:

Company: Proteus, Inc.

Address: 1830 N. Dinuba Blvd.

Visalia Tulare CA 93291
City County • State •Zip
Phone (559) 733-5423

5. Education- List schools attended and/or graduated/degree(s):

College of the Sequoias - A.A., Liberal Studies, A.S. Natural & Behavorial Science Redwood High School - High School Diploma

6. Other Special Training or Experience:

Leadership Tulare, Class of 2023, College of Sequoias, Leadership Academy

7. Previous and present govemmental and civic experience. Indicate when, position and duites:

President School Site Council - Farmersville High School, Fourth Year, Soccer Coach Varsity/Junior Varsity Farmerville High School, Americorp - 2 years

8. Please explain why you wish to serve on a Commission for The City of Farmersville:

As a resident of Farmersville for over 20 years, nothing has given me more excitement than seeing my city grow with new businesses. I believe my passion for the city and its constituents will be an asset on the City Planning Commission. My heart is to serve the people especially those who tend to stand in the back and many times are silent ensuring this great city remains viable and thriving

9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain:

No
Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications.

AUTHORIZATION AND RELEASE
I understand that in connection with this application for appointment, this document and the information contained herein will be made available to the general public upon request. 10/25/2023
-
Signature of Applicant Date

ARACELI OCHOA
129 WEST QUALLS CT FARMERSVILLE CA 932234
Phone: (559) 303-0517 • email: [email protected]
Employment History
Proteus Inc., Visalia, CA (July 2015- Present)
Program Coordinator/Program Development Associate
• Oversee Federal Emergency Management Agency (FEMA) programs local and state-funded emergency grants for the following counties: Kern, Kings, Tulare, and Fresno. • Create procedures and maintain a thorough knowledge of grant requirements. • Program coordinator for Energy/Education divisions.
• Create and monitor budget and program reports to track overall performance and expenditures. • Assist in locating and providing immediate employment opportunities to individuals through state- funded emergency grants in the impacted counties of Fresno, Kings, and Tulare County. • Conduct payroll-provide adjustments, corrections, and paychecks for field offices for emergency grants.
• • Perform daily data entry on various program and fiscal database systems, including Case Management System (CMS), Cal Jobs, Posse, and AccuFund, ensuring all documented information matches the database systems.
• Prepare purchase orders and invoices.
• Coordinate administrative events and community events.

Proteus Inc., Visalia CA (August 2012 - July 2015)
Parent Promotora - Earlimart Families in Schools
• Lead a statewide initiative dedicated to empowering farmworker parents within rural school districts in Tulare County to advocate for their students and families regarding English language acquisition (ELA) issues
• Created and facilitated interactive iow literacy workshops in Spanish for parents on the following topics: CELDT, Reclassification, Common Core, and the Local Control Accountability Plan. • Provided leadership sessions for parents on advocacy training to empower them to speak up for their children and families.
• Coordinated summer activities for rural farm working communities: Earlimart, Alpaugh, and Allensworth.
• Collaborated and networked with the Earlimart School District Board of Education members.

Proteus Inc., Visalia, CA (January 2010 - August 2013)
AmeriCorps Member/Community Educator
• Facilitated workshops and outreach to farmworkers on pesticide and heat stress prevention. • Developed educational materials in English and Spanish language for community agencies.

Volunteer/Community Service
Leadership Tulare
College of Sequoias Leadership Academy
AmeriCorps Member
President Farmersville High School Site Council
Member-Tulare County League of Mexican American Women
Educational Highlights
Redwood High School Visalia, CA 1996
• High School Diploma
College of the Sequoias Visalia, CA 2014 - Present.
• Associates of Arts - Liberal Studies of Social and Behavioral Science • Associate of Science - Liberal Studies of Natural Science 1 CITY OF

FARMERSVILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: November 13, 2023
SUBJECT: Discussion and Direction on Animal Control Contracted Services RECOMMENDED ACTION:

It is recommended that the City Council provides direction on contracting for Animal Control services and sheltering.

BACKGROUND and DISCUSSION:

Since 2018, the City of Farmersville has contracted with the City of Visalia for Animal Control Services for an annual amount of $73,865. A copy of that contract is attached for your reference. Earlier this year, Visalia notified the City Manager that their animal control program was operating at a severe financial loss, and they were also experiencing staffing shortages.

Visalia was working on determining their true costs to provide these services for their own residents as well as to contracted cities. On August 23d, Visalia provided a 90-day notice of termination as they could no longer provide services under the existing contract.

Over the last three months, the City Manager has made inquiries to determine if services could be provided by another agency. Unfortunately, the other large cities have capacity issues and cannot take additional animals. The other small cities already contract with the large cities for sheltering services but provide their own personnel to pick up animals. Tulare County has been unable to confirm if they would be able to offer services to Farmersville. The City of Exeter is in the same situation as Farmersville and therefore considering the option to renegotiate a contract with the City of Visalia.

As the current contract with Visalia expires this month, we are at a point where a decision must be made so that we are not out of compliance with State law in providing animal control services to our residents. The only viable option at this time is to enter into a new contract with the City of Visalia.

Under the new proposal by Visalia, the annual cost would be $211,700 to provide animal control services, sheltering, and licensing for up to 300 animals. This is a significant increase, but it is reasonable. If Farmersville only contracted for sheltering services and looked to hire personnel to handle the services, the cost would be higher.

FISCAL IMPACT:

With an existing budget of $96,125 for the current fiscal year, the City will only need to increase the budget to offset the difference for the remaining months in the fiscal year. This has been discussed with the Finance Director and determined that the General Fund will be able to support these additional expenses. The full $211,700 will be incorporated into the next fiscal ATTACHMENT(S):
2018 Agreement with City of Visalia
• •
Animal Control Services Agreement
This AGREEMENT between the City of Visalia ("Visalia") and the City of Farmersville (Farmersille") is made and entered into this_2! day of Nawemker_ 2018.

RECITALS
WHEREAS, Farmersville is authorized and empowered to employ contractors and specialists in the performance of its duties and functions; and WHEREAS, Farmersville has a need for animal shelter services, pursuant to California Health & Safety Code sections 121575, et seq.; and
WHEREAS, Farmersville has a need for animal licensing services; and WHEREAS, Farmersville has a need for animal control field services; and WHEREAS, Visalia is able and willing to provide these services to Farmersville on the terms and conditions set forth herein;
NOW, THEREFORE, it is mutually understood and agreed as follows:

ARTICLE 1 - COMPLETE AGREEMENT
This Agreement and the attachments and documents incorporated herein constitute the •
complete and exclusive statement of the terms of the Agreement between Visalia and Farmersville and it supersedes all prior representations, understanding and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions.

ARTICLE 2 -STANDARD OF CARE
The standard of care with respect to Visalia's services hereunder will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality and under the same or similar circumstances.

ARTICLE 3 - INDEPENDENT CONTRACTOR
Visalia's relationship to Farmersville in its performance of this Agreement is that of an independent contractor. Visalia may use employees or subcontractors as Visalia deems necessary to perform the services required under this Agreement. The personnel performing services under this Agreement shall at all times be under Visalia's exclusive direction and control and shall be employees or subcontractors of Visalia and not employees of Farmersville.

Visalia shall pay all wages, salaries, and other amounts due its employees, or amounts due subcontractors in connection with the performance of this Agreement and shall be 1 responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. The personnel performing services under this Agreement shall not be entitled to the rights or benefits afforded to Farmersville employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other Farmersville employment benefit.

Farmersville shall not be called upon to assume any liability for the direct payment of the salaries, wages, or other compensation of Visalia personnel performing services under this Agreement for Farmersville.

The. relationship between Visalia and Farmersville is non-exclusive. Visalia may perform services for, and contract with other clients, persons, or companies.

Farmersville may contract with other agencies, entities, or persons to provide these services.

ARTICLE 4 - DUTIES AND SCOPE OF WORK

4.1 Scope of Work. Subject only to the general policies and direction of the Farmersville with regard to animal control operations, and to the provisions and requirements of this Agreement, Visalia shall do all things necessary to provide animal control services, animal shelter services, and animal licensing services for Farmersville.

Exhibit "A" to this Agreement, which is attached hereto and incorporated herein by reference, sets forth the proposed services to be provided by Visalia.

The scope of services includes, but is not limited, to providing space at the Visalia Animal Care Center for sheltering animals from Farmersville. As stated in Exhibit "A" Visalia will designate a specific space in the Animal Care Center for animals from Farmersville. Visalia shall also provide animal control services, licensing services, and veterinary services to Farmersville as stated in Exhibit A.

4.2 Disposition of Animals. As described specifically in Exhibit "A" Visalia shall be deemed to be acting on behalf of the Farmersville in the capacity of providing animal shelters and any animals sent by Farmersville to the animal shelter owned and operated by Visalia shall be deemed to be held in the custody of Farmersville. Following any holding period as mandated by law, animals will either be humanely euthanized at _Farmersville expense or relinquished to Visalia at which time they shall become the property of Visalia, and Visalia shall thereafter be fully responsible for the disposition of *such animal, whether by auoption, transfer to groups that offer animals for adoption, or humane euthanasia as provided by law, and Farmersville shall no longer be responsible in any way for such animal. Animals that have been determined to be vicious under the Farmersville Municipal Code shall not be released to Visalia, unless such determination is overturned on appeal.

4.3 Adherence to Legal Standards. Visalia shall be solely responsible for ensuring that all animal control, animal licensing, and animal shelter services provided hereunder are provided in strict conformance with all laws and statutes relating to the humane treatment of animals and safe handling of animals under applicable state and local statutes, ordinances, and regulations.
2 Visalia and Farmersville agree to cooperate over municipal code enforcement by Visalia on behalf of Farmersville. Farmersville will implement changes as necessary to its municipal code violations to allow Visalia personnel, acting under the scope of this Agreement as animal control officers for Farmersville, to issue citations for Farmersville municipal code violations.

Parties acknowledge that each maintains separate municipal ordinances, regarding animals and agree that they shall cooperate in modifying their ordinances to be consistent on what constitutes violations for items such as defining excess noise by animals, vicious dogs, impounding animals, commercial kennel requirements, leash regulations, and licensing requirements. Parties acknowledge that this section recognizes each agency is soiely responsible for determining its applicable municipal Arment and that aci ordinances and that each may implement separate rules on specific issues. This Agreement is not intended to require either agency to have the same requirements for all animals within its jurisdiction.

4.4 Applicable Charges Collected on Behalf of Farmersville. Farmersville will provide Visalia with a list of applicable charges, such as licensing fees, that Visalia is to collect on behalf of Farmersville. These amounts will be separately accounted for and paid to Farmersville monthly with an accounting of each amount charged on behalf of Farmersville. Parties agree that this rate of applicable charges may be adjusted by Farmersville. Farmersville shall provide the revised list of applicable charges to Visalia at least thirty days prior to the date upon which it shall become effective.

ARTICLE 5 - CHANGES IN SCOPE OF WORK; AMENDMENT
It is understood and agreed by Visalia and Farmersville that it may be necessary, from time to time during the term of this Agreement, to modify its provisions or to revise the - scope and/or extent of Visalia work under this Agreement for the operation and maintenance of the animal control operations. In each such instance, Visalia and Farmersville shall consult with each other and shall come to a mutually acceptable agreement as to the nature of the required modification or revision desired.

ARTICLE 6 - TERM OF AGREEMENT
This AGREEMENT shall become effective November 1, 2018 and shall continue in full force and effect through October 31, 2028 unless earlier terminated as herein provided.

Parties may agree in writing to extend the term of this Agreement.

ARTICLE 7 - COMPENSATION
For services performed pursuant to this Agreement, Farmersville agrees to pay and Visalia agrees to accept, as payment in full an annual contract amount of Thirty Six Thousand, One Hundred and Eighty dollars ($36,180.00) for Animal Sheltering Services and Thirty Seven Thousand, Six Hundred and Eighty-five dollars ($37,685.00), for Animal Control Field Services, for a total contract amount of Seventy Three Thousand, Eight Hundred and Sixty-five dollars ($73,865). This amount shall be paid in monthly ! installments and shall be invoiced with other charges. Parties agree that this amount 3 may be adjusted annually by the City of Visalia based on applicable cost increases to its Animal Control Services and the Visalia Animal Care Center. At least thirty days prior to implementing a cost increase Visalia shall provide Farmersville notice of the proposed increase. Farmersville has the right to inspect all financial records of Visalia related to Animal Control services and the Visalia Animal Care Center.

Visalia shall invoice Farmersville on a monthly basis and the amount is due within thirty days from the date of the invoice. If payments are more than thirty days late, then Visalia shall notify Farmersville in writing of potential default. If payment is not received within thirty days from such notice, then City may immediately terminate this Agreement without further notice. The Termination provisions in this Agreement shall be applied to any animals under the care of Visalia at the Animal Care Center.

ARTICLE 8 - INSURANCE
With respect to performance of work under this Agreement, Visalia acknowledges that it is a self-insured entity and if it employs. any subcontractors to carry out any duties under this Agreement, then those subcontractors shall be required to maintain insurance at levels acceptable to Farmersville and name Farmersville as additional insured; Evidence of insurance will be made available to Farmersville upon request.

ARTICLE 9 - INDEMNIFICATION
Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in third parties not party to this contract or affect the legal liability of either party to the Agreement by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law.

Pursuant to Government Code section 895.4, Visalia shall indemnify, defend, and hold harmless Farmersville from any liability imposed for injury (as defined by Government Code section 810.8), occurring because of negligent acts or omission on the part of Visalia or of anyone acting under Visalia's direction or control or on its behalf, in connection with any work, authority, or jurisdiction delegated to Visalia under this Agreement.

Pursuant to Government Code section 895.4, Farmersville shall indemnify, defend, and •hold harmless Visalia from any liability imposed for injury. (as defined by Government Code section 810.8) occurring because of negligent acts or omission on the part of Farmersville or of anyone acting under Farmersville's direction or control or on its behalf, in connection with any work, authority, or jurisdiction delegated to Farmersville under this Agreement.

ARTICLE 10 - TERMINATION
This Agreement may be terminated by either Visalia or Farmersville in whole or in part, at any time by ninety (90) days written notice from one party to the other. 4 If Farmersville does not take custody of any animals being held in the Visalia animal shelter prior to termination or make separate arrangements as to the care and feeding of the animals held in the Visalia animal shelter, then after this Agreement is terminated all such animals become the property of Visalia and will be treated as animals that have been abandoned to the shelter per applicable Visalia ordinances.

ARTICLE 11 - EMPLOYMENT REGULATIONS
All services performed by Visalia pursuant to this Agreement shall be performed in accordance and full compliance with all applicable state and federal laws relating to employment including but not limited to the Fair Labor Standards act, Fair Employmen Practices, Equal Opportunity Employment Act and all other applicable Federal anc State laws and • regulations regarding employment and immigration, including nondiscrimination, compensation, taxation, etc.

Visalia agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, sexual orientation, age, or disability.

ARTICLE 12 - CONFLICT OF INTEREST
Visalia covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement.

ARTICLE 13 - AUDIT; RETENTION OF RECORDS
Visalia shall allow the authorized representatives of Farmersville to inspect and audit all data and records of Visalia relating to performance under this Agreement. Such audit shall be allowed upon reasonable notice of Farmersville. Further, Visalia shall maintain all required records for three (3) years after final payment under this Agreement and until all other pending matters are closed.

ARTICLE 14 - ACCESS TO RECORDS
Visalia agrees to provide Farmersville or any of their authorized representatives access to any books, documents, papers and records of Visalia, which are directly pertinent to this Agreement for the purposes of making. audits, examinations, excerpts and transcriptions.

Visalia agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

ARTICLE 15 - ATTORNEY'S FEES
If it is necessary to institute litigation to enforce any of the terms and conditions of this Agreement, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney's fees and costs incurred therein, as determined by the court. 5 •
ARTICLE 16 - NOTICE
All notices hereunder and communications with respect to this Agreement shall be considered effective upon the mailing thereof of registered or certified mail return receip equested and addressed as follows
Visalia: Farmersville:

Mario Cifuentez Jennifer Gomez
Deputy City Manager City Manager
220 N. Santa Fe Street 909 W. Visalia Road
Visalia, CA 93291 Farmersville, CA 93223
ARTICLE 17 - MODIFICATIONS
Modifications to this Agreement shall be in writing signed by both parties, unless explicitly indicated otherwise herein.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.

CITY OF VISALIA CITY OF FARMERSVILLE
neit
Randy Groom, City Manager resenten ery Manager
Approved as to Form Approved as to Form
Keith foyers
City Attorney City Attorney
Risk Manage preciping
• •
EXHIBIT "A"

SCOPE OF WORK
SECTION 1 - SHELTERING & VETERINARY SERVICES
Visalia, also referred to as "CONTRACTOR" shall perform the duties and responsibilities as set forth below in the operation of animal sheltering services. It is the intent of the parties that Visalia shall provide all necessary services to meet applicable local and state laws for the shelter and care for animals delivered by or on behalf of •

1.1 Sheltering - General
Visalia shall provide Farmersville with animal care for the legally required holding periods, including Stray Hold, Current License and Microchip/Notice of Impound, Protective Custody, Vicious Hold, and Quarantine as required pursuant to Food & Agriculture Code Sections 17006 & Sections 30501-32003 and applicable City of Farmersville Municipal Code provisions.

Description Duration
Stray Hold Four (4) business days, (not counting the day received) becoming property of CONTRACTOR on the fifth (5'h) business day.

Current Six (6) business days, (not counting the day received) becoming License & property of CONTRACTOR on the seventh (7'h) business day.

Microchip
Notice
Impound
Protective Fourteen (14) consecutive days, (not counting the day received) Custody becoming property of CONTRACTOR on the fifteenth (15'*) business Vicious Hold Thirty (30) consecutive days, (not counting the day received). Hold nay be extended pending legal appeals. Any animal that has beer determined to be vicious shall be humanely euthanized following exhaustion of any appeal period and shall in no circumstances be •.... released to CONTRACTOR. In the event a vicious determination has been reversed on appeal of the animal owner, subject to a probationary period or otherwise, the animal shall be returned to the property owner and shall not become the property of the CONTRACTOR.

Quarantine Ten (10) consecutive days, (not counting the day received) becoming property of CONTRACTOR on the eleventh (11h) business day.

The above hold periods are subject to change based on legal requirements. Business days are Monday through Friday.
7 1.2 Sick and injured Animals
Visalia shall provide sick and injured animal care, required vaccinations (DHPP for dogs and FVRCP for cats), microchip implanting of animals redeemed by their owners, and dead animal disposal services pursuant to Penal Code Sections 597f and 597.1.

Sick and injured animal care includes any veterinary cost incurred, or veterinary medications prescribed for animal care for administration, during the mandated holding period. Visalia will be responsible for ascertaining the basic humane treatment needed.

1.3 Jurisdiction
Visalia shall house animals brought into the shelter by the Farmersville's residents or Farmersville employee, contractors, or agents providing animal control services.

1.4 Reporting
Visalia shall submit a Monthly report, by the 20"h of the following month, which shall include Farmersville animal intake and disposition numbers, specifically listing protective custody, vicious & quarantine holds. Intake and Disposition totals shall lis umber of animals in each stray hold category. The Monthly Report shall also include record of all training for ACO's and any vicious dog hearings attended.

1.5 Shelter/Performance Standards
Visalia shall maintain shelter and care for all animals that come into its custody in accordance with the timelines provided in section 1.1 above. Visalia shall provide 'temporary shelter and care for wild animals and fowl. Visalia will transfer custody of wild animals to a wildlife care facility or other suitable facility for treatment and rehabilitation.

Visalia shall maintain suitable office hours at the animal shelter for the convenience of the public and for any other purpose under the Agreement, a minimum of five (5) days per week, 6 hours per day, including Saturdays and Sundays.

Farmersville employees, performing official functions at the shelter, shall be granted access to the animal care center at all times.

Visalia may appoint competent and qualified agents for the carrying out of ... responsibilities under this Agreement.

1.6 Impounding and Sheltering
Visalia shall provide all necessary food, water, shelter and give all basic care and attention to such animals and fowl while they are in the Visalia's possession and until adopted, placed or otherwise humanely euthanized and disposed of in accordance with federal, state, or local law.
8 -
Visalia shall fully cooperate with the Tulare County Health Department by following procedures required by applicable state or local quarantine codes concerning persons or animals bitten by an animal in the City of Farmersville All animals licensed, redeemed or adopted at the shelter or clinic shall be micro- chipped, at Owner's expense prior to release:

Owners of animals shall be responsible for all shelter fees incurred in the impoundment, including, but not limited to: boarding, vaccinations, quarantine & protective custody fees.

Visalia shall annually provide Farmersville with a list of all applicable shelter fees. If authorized by Farmersville, then Visalia shall attempt to collect these fees from the owner of the animal as a cost recovery fee.
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1.7 Service Standards
Visalia shall be responsible for the employment and supervision of all employees necessary to perform animal sheltering operations.

Visalia shall communicate customer care standards and animal care standards to all employees at the time of hire and as part of an ongoing coaching/training program.

Those standards include professionalism, fairness, objectivity, respect and compassionate animal care.

Visalia shall at all times comply with applicable State and federal employment laws, including Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended.

Nothing in this section shall be construed by either Visalia or Farmersville to be in conflict with the language and intent of Article 4, entitled "Independent Contractor," of the AGREEMENT of which this Scope of Work is a part.

The maximum number of animals Visalia can take by Farmersville is limited to 400 animals. If this amount is exceeded then Visalia will notify Farmersville that additional compensation may be necessary to continue intake of animals from Farmersville.

1.8 Animal Care Center Customer Service Assistance
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Visalia shall provide customer service staff to support the public counter at the Animal Care Center during hours and days that the Center is open. Duties for such customer service staff shall include, but not be limited to, answering telephones, helping citizens to look for lost animals, etc.

1.9. Emergencies and Natural Disasters
In the event of an emergency or natural disaster, Visalia shall make available, to the maximum extent possible, sheltering services and facilities to assist Farmersville in. dealing with such incidents. Visalia shall be entitled to be paid reasonable 9 compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Visalia and Farmersville following the conclusion of the emergency or disaster, or at such other time as they may mutually agree.
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Section 2 - LICENSE REVENUE COLLECTION AND REPORTING
Visalia shall be responsible for animal licensing on behalf of Farmersville. Visalia will track amounts received and deposit funds received with Farmersville on a monthly basis or as otherwise agreed with between Visalia and Farmersville.

Farmersville shall be responsible for providing Visalia with a schedule of applicable fees and license requirements for Visalia to apply.

Visalia will be responsible for mailing license bills, following up on licensing leads received from Farmersville, assist persons at shelter with licensing questions and paying for their pet licenses.

Visalia shall prepare a monthly report of all licenses issued on behalf of Farmersville, expiration dates of licenses, and applicable owner information. This report and all fees collected by Visalia on behalf of Farmersville shall be provided on a monthly basis. 11 "i
Section 3 - ANIMAL CONTROL SERVICES

3.1 Field Services - Visalia shall provide the following animal control field services during normal business hours:
a. Respond to calls for service elated to alleged violations of the Farmersville nunicipal code or state law pertaining to the care, keeping, treatment, and managemen! of animals. This includes but is not limited to excessive animal noise complaints, animals running at large, and vicious dog matters within the Farmersville. Response b. Pick-up stray animals that are in violation of applicable municipal ordinances or otherwise subject to impoundment under applicable municipal ordinances. c. Pick up dead animals for disposal.
d. Pick up and transfer to shelter animals that have been surrendered to Farmersville municipal service, or animals that have been captured by Farmersville empioyees for transfer to animal control shelter.
e. Investigate reports of animal bites and pick up animals for quarantine of. animals under applicable laws for rabies observation.
f. Investigate reports of rabid animals and attempt to capture such animals and investigate reports of wild animals upon request.
g. Assist in the preparation and filing of administrative, civil, or ciminal prosecution of Farmersville municipal code ordinances, or as applicable state law. h. If authorized by Farmersville, issue administrative citations for Farmersville municipal code violations, and appear at any administrative appeal hearings to support the issuance of the citation. Farmersville shall be responsible for prosecution of all matters.
i. Assist with public outreach programs as requested by Farmersville, such as public education on animal icensing, spaying or neutering clinics, (including assisting with spaying or netering domestic animals at low cost) other services, such as encouraging animals to be vaccinated, or assisting Farmersville with providing low cost vaccination programs.

3.2 Emergency Animal Control Services - Visalia shall respond to the following circumstances during normal business hours, or at any time if an emergency call for services is forwarded to City of Visalia dispatch requesting animal control field services.

Response time will be dependent on officer availability. a. Animals posing an active and present threat to public safety, such as potentially rabid animals or animals that have bitten humans. 12 b. Respond to calls for assistance for animal-related issues from Farmersville emergency services.

3.3 Farmersville Obligations - Farmersville shall be responsible for the following:
a. Provide for the preparation, filing, and prosecution of civil or criminal violations of Farmersville municipal codes or state law. Visalia animal control officers will assist with preparation of such documents but it will be the responsibility of Farmersville to decide whether to prosecute such cases. Farmersville is also solely responsible for defending any administrative citation issued by Visalia personnel on behalf of Farmersville that is appealed.
b. If an administrative process is used for citations or vicious dog determinations, then Farmersville is solely responsible for the implementation and costs of the administrative appeal process. The responsibilities of Farmerville will include, but are not inter their on pressing les are earing alertie officer arranging appellant, and the Visalia staff that issued the citation, payment of the hearing officer, delivery of the hearing decision, and defense of any appeal of the administrative c. Provide assistance and support to Visalia animal control officers as necessary to safely and effectively execute the operational requirements of this Agreement.

3.4 Oversight and Inspection of Commercial Kennels and Breeders - Visalia shall enforce any applicable municipal ordinances concerning commercial kennels and animal breeders that apply within Farmersville city limits.

3.5 Annual Animal Control Service Reports - Visalia shall provide on an annual basis a report reflecting field services provided to Farmersville. After providing such report Farmersville and Visalia representatives, shall meet and confer as necessary to discuss service issues and whether modifications to the scope of services should be • made.
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Farmersville City CouncilNovember 13, 2023

Farmersville City Council
November 13, 2023