Fowler City Council
February 1, 2022

FOWLER CITY COUNCIL MEETING
AGENDA
TUESDAY, FEBRUARY 1, 2022
7:00 P.M.

CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

Consistent with Government Code 54953 as amended by AB 361, and City Council Resolution No. 2522, this meeting may be accessed by members of the public or City Council members via Zoom.

The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/83126668090?pwd=R0NjUy9FUXVRUmxhRk9pekFuTFA2QT09 Telephone Number: (253) 215-8782
Meeting ID: 831 2666 8090
Passcode: 446075
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at www.fowlercity.org.

Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. Meeting Called to Order

2. Roll Call

3. Invocation by Travis Feaver of Young Life

4. Pledge of Allegiance

5. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.

6. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
6-A. RATIFY Warrants for February 1, 2022
6-B. APPROVE Minutes of the January 18, 2022 City Council Meeting 6-C. APPROVE Resolution No. 2537, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 as amended by AB 361. (City Attorney)
6-D. ACCEPT a donation to the city in the amount of $1,500 from Waste Management. (Finance)

6-E. APPROVE a Memorandum of Understanding (MOU) and a Watering Agreement with California Urban Forests Council (CaUFC) and West Coast Arborists, Inc, (WCA) to participate in the CIRCLE 4 Project to plant sixty-five (65) trees as part of a grant with the California Department of Forestry (CalFire) and authorize the City Manager to execute the necessary documents. (Public Works) 6-F. APPROVE Resolution No. 2539 modifying the City’s Street Cutting Policy. (Public Works)
6-G. ADOPT Park Monument Sign Improvement Standards (Public Works)

7. Contested Consent Calendar

8. General Administration
8-A. Finance
i. ACCEPT Credit Card Usage Report for July 1 through December 31, 2021.
ii. Actions pertaining to the fiscal year 2021-22 mid-year budget report and budget amendments:
• ACCEPT the fiscal year 2021-22 mid-year budget report. • ADOPT Resolution No. 2538 approving fiscal year 2021-22 proposed budget amendments.
8-B. Planning
i. APPROVE a contract with Dewberry Architects, Inc. in the amount of $530,376 for police department, community center, and training center design and planning services; authorize the City Manager to negotiate and execute agreement.
ii. CONSIDER naming of the park in Tract 6188
iii. APPROVE a cooperative agreement with the Fresno Council of Governments for the Fresno County Sixth Cycle Multijurisdictional Housing Element
8-C. Public Works
i. APPROVE a contract with DTA Finance in the amount of $68,500 for a water rate study and formation of a City-wide community facilities district; authorize the City Manager to execute agreement.
ii. RECEIVE report on the City’s water model and provide staff direction 8-D. City Manager’s Office
i. COVID-19 Update

9. Staff Communications (City Manager)

10. Councilmember Reports and Comments

11. Closed Session
11-A. Government Code Section 54956.9(d)(1)
Conference with Legal Counsel – Existing Litigation
City of Fowler v. Jill Johnson, et al.; Fresno County Superior Court Case No.

CECG 21CECG00546 – (Property Receivership Case for 429 E. La Crosse Avenue)

12. Adjourn
Next Ordinance No. 2022-03
Next Resolution No. 2542
CERTIFICATION: I, Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, January 28, 2022.

Angela Vasquez
Angela Vasquez
Deputy City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 38863-38921 Jan 19 thru Jan 26 $ 314,720.24 TOTAL ACCOUNTS PAYABLE CHECKS $ 314,720.24

PAYROLL COSTS
Second January Bi-Monthly Payroll January 31, 2022 100,728.92 TOTAL PAYROLL COSTS $ 100,728.92
TOTAL CASH DISBURSEMENTS $ 415,449.16
NOTE:

Check #38870 Void check
Check #38877 Void check carry over to check #38878

CITY OF FOWLER

WARRANTS LIST
February 1, 2022
6-A
SUPERION PAGE NUMBER: 1
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38863 01/19/22 11689 A & C TIRE SERVICE 6200 PATCH TRUCK #8 0.00 20.00 1001 38864 01/19/22 12285 ATT 6120 CITY INTERNET 01/15-2 0.00 715.47 1001 38865 01/19/22 14330 B&P PEST PROS 6020 PEST CONTROL 0.00 90.00 1001 38865 01/19/22 14330 B&P PEST PROS 6700 PEST CONTROL 0.00 95.00 TOTAL CHECK 0.00 185.00
1001 38866 01/19/22 10026 BCT CONSULTING 6030 CMPTR SRVCS 01/17/22 0.00 375.00 1001 38866 01/19/22 10026 BCT CONSULTING 6150 CMPTR SRVCS 01/17/22 0.00 375.00 1001 38866 01/19/22 10026 BCT CONSULTING 6120 CMPTR SRVCS 01/17/22 0.00 375.00 1001 38866 01/19/22 10026 BCT CONSULTING 5000 CMPTR SRVCS 01/17/22 0.00 375.00 TOTAL CHECK 0.00 1,500.00
1001 38867 01/19/22 12654 COMCAST 6120 COUNTY INTERNET 0.00 700.91 1001 38868 01/19/22 12300 COOKS COMMUNICATIONS 6130 RADIO REPAIR 0.00 62.50 1001 38869 01/19/22 14246 FOWLER ACE HARDWARE 6020 SUPPLIES 0.00 39.20 1001 38869 01/19/22 14246 FOWLER ACE HARDWARE 6020 SUPPLIES 0.00 99.95 TOTAL CHECK 0.00 139.15
1001 38870 01/19/22 14249 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 80.63 1001 38870 01/19/22 14249 FOWLER ACE HARDWARE 6260 PARKS SUPPLIES 0.00 135.17 1001 38870 V 01/19/22 14249 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 -80.63 1001 38870 V 01/19/22 14249 FOWLER ACE HARDWARE 6260 PARKS SUPPLIES 0.00 -135.17 TOTAL CHECK 0.00 0.00
1001 38871 01/19/22 10376 GARY V BUFKIN COMPUTER C 6120 INVENTORY SOFTWARE 0.00 2,500.00 1001 38872 01/19/22 14238 INFOSEND, INC 5000 WATER BILLING 05/3/21 0.00 556.52 1001 38872 01/19/22 14238 INFOSEND, INC 5000 WATER BILLING 05/3/21 0.00 778.01 1001 38872 01/19/22 14238 INFOSEND, INC 5000 WATER INSERT 06/29/21 0.00 784.25 1001 38872 01/19/22 14238 INFOSEND, INC 5000 WATER BILLING 07/01/2 0.00 1,237.04 1001 38872 01/19/22 14238 INFOSEND, INC 5000 WATER BILLING 08/02/2 0.00 1,237.04 1001 38872 01/19/22 14238 INFOSEND, INC 5000 WATER BILLING 12/30/2 0.00 1,623.72 TOTAL CHECK 0.00 6,216.58
1001 38873 01/19/22 14547 LOZANO, TRISTAN 500 UB REFUND 0.00 93.35 1001 38874 01/19/22 14548 LOZANO, TRISTAN 500 UB REFUND 0.00 2.00 1001 38875 01/19/22 10215 NELSON HARDWARE & GIFTS 6200 BLADES AND DISINF 0.00 12.56 1001 38875 01/19/22 10215 NELSON HARDWARE & GIFTS 6260 GAITER SCARF 0.00 17.35 TOTAL CHECK 0.00 29.91
1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 PALM/MAGNOLIA 0.00 9.20 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6200 TEMPERANCE 0.00 9.32 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 LIGHTS 0.00 14.78 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 LIGHTS 0.00 16.08 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6130 LIGHTS 0.00 17.76 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6200 XMAS TREE LIGHTS 0.00 19.22 SUPERION PAGE NUMBER: 2
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 MERCED/10TH 0.00 41.70 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6200 LIGHTS 0.00 66.89 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 GOLDEN ST AND ADAMS 0.00 72.28 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 GOLDN ST AND MANNING 0.00 105.45 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 2 0.00 106.65 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6700 SENIOR CENTER 0.00 145.78 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6150 PLANNING OFFICE 0.00 191.23 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6200 LIGHTS 0.00 195.05 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 4 0.00 197.78 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6080 CITY HALL 2 0.00 215.49 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 MERCED AND 8TH 0.00 250.92 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6080 CITY HALL 3 0.00 288.50 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6700 SENIOR CENTER #2 0.00 358.85 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 S 5TH ST 0.00 461.82 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 2250 MERCED AND 1ST 0.00 541.37 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6260 LIGHTS 0.00 744.22 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6080 CITY HALL 0.00 950.22 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 8 12/29/21 0.00 1,002.47 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 6200 LIGHTS 0.00 1,237.43 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 7 12/29/21 0.00 2,935.92 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 6 0.00 4,190.78 1001 38876 01/19/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 5A 0.00 6,061.23 TOTAL CHECK 0.00 20,448.39
1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 MARABELLA SUB 0.00 120.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 LLA 21-01 BEE SWEET 0.00 275.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 SPR 21-07 NATIONAL 0.00 360.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 SPR 21-05 BEE SWEET 0.00 360.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 FRESNO ST/8TH 0.00 475.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 100 MAXCO 0.00 625.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 2300 GOLDEN STATE 0.00 710.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 T6259 CONSTRUCTION 0.00 786.70 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 4TH/VINE WARRANTS 0.00 915.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 T6274 PLANKCHECK 0.00 960.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 2300 GOLDN ST CORRIDOR PH2 0.00 1,050.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 2300 GOLDN ST CORRIDOR PH1 0.00 1,432.60 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 ENGINEERING SERVICES 0.00 1,500.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 T6188 PLANCHECK 0.00 1,543.12 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 THREE CROWNS 0.00 2,556.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 7600 MARSHALL EST MODEL 0.00 3,120.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 CMAQ APPLICATIONS 0.00 3,139.30 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 TCP COORDINATION 0.00 3,554.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 STBG APPLICATIONS 0.00 4,094.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 ENCROACHMENT PERMITS 0.00 4,491.11 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 CITYWIDE METER PROJ 0.00 6,312.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 T6274 CONSTRUCTION 0.00 6,798.86 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 MISC ENGINEERING 0.00 10,754.62 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 T6188 CONSTRUCTION 0.00 13,133.50 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 6150 TM5952 0.00 14,563.13 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 2110 ADAMS PHASE II 0.00 39,000.00 1001 38878 01/19/22 12060 PETERS ENGINEERING GROUP 2110 ADAMS PHASE III 0.00 66,000.00 TOTAL CHECK 0.00 188,628.94
SUPERION PAGE NUMBER: 3
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38879 01/19/22 14433 PRICE PAIGE & COMPANY 6030 STATE CONTROLLERS 0.00 327.00 1001 38880 01/19/22 13354 QUINN CAT 6200 DUMP TRUCK PARTS 0.00 46.73 1001 38880 01/19/22 13354 QUINN CAT 6200 LIFT TRUCK RENTAL 0.00 616.50 TOTAL CHECK 0.00 663.23
1001 38881 01/19/22 10251 R & R AUTO REPAIR SHOP 6120 IMPALA OIL CHANGE 0.00 78.69 1001 38882 01/19/22 10274 SAN JOAQUIN VAL AIR POLL 5000 ANNUAL PERMIT C6910 0.00 290.00 1001 38883 01/19/22 14550 SANGER FENCE CO 7500 DW DOG PARK FENCE 0.00 4,897.00 1001 38883 01/19/22 14550 SANGER FENCE CO 7800 SD BASIN FENCE 0.00 7,390.00 TOTAL CHECK 0.00 12,287.00
1001 38884 01/19/22 14358 SPARKLETTS 5000 WATER SERVICE 12/24/2 0.00 65.93 1001 38885 01/19/22 10085 STATE OF CA DEPARTMENT O 6120 FINGERPRINT DEC21 0.00 137.00 1001 38886 01/19/22 13135 STATE WATER RESOURCE CON 5000 ANNUAL PERMIT 0.00 12,820.40 1001 38887 01/19/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL 0.00 39.34 1001 38887 01/19/22 13543 UNIFIRST CORPORATION 6020 ADMIN SUPPLIES 0.00 54.61 1001 38887 01/19/22 13543 UNIFIRST CORPORATION 5000 WATER DEPT UNIF 0.00 188.81 TOTAL CHECK 0.00 282.76
1001 38888 01/19/22 10725 VERIZON WIRELESS 6030 CELL PHONE11/20-12/19 0.00 41.35 1001 38888 01/19/22 10725 VERIZON WIRELESS 6150 CELL PHONE11/20-12/19 0.00 41.35 1001 38888 01/19/22 10725 VERIZON WIRELESS 6020 CELL PHONE11/20-12/19 0.00 41.35 1001 38888 01/19/22 10725 VERIZON WIRELESS 6160 CELL PHONE11/20-12/19 0.00 91.98 1001 38888 01/19/22 10725 VERIZON WIRELESS 5000 CELL PHONES 0.00 342.06 TOTAL CHECK 0.00 558.09
1001 38889 01/19/22 14546 WHEELER, SUZETTE L 500 UB REFUND 0.00 143.54 1001 38893 01/19/22 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 80.63 1001 38894 01/19/22 14249 FOWLER ACE HARDWARE 6260 PARKS SUPPLIES 0.00 135.17 1001 38895 01/26/22 10449 ALLFORMS CONNECTION 6120 TRIPLICATE RECEIPTS 0.00 356.59 1001 38896 01/26/22 14519 AMAZON CAPITAL SERVICES 6080 3" LABELS 0.00 17.21 1001 38896 01/26/22 14519 AMAZON CAPITAL SERVICES 6120 MEDICAL CARRIER 0.00 35.94 1001 38896 01/26/22 14519 AMAZON CAPITAL SERVICES 6080 MINI FRIDGE/SIGN 0.00 58.83 TOTAL CHECK 0.00 111.98
1001 38897 01/26/22 10026 BCT CONSULTING 6030 COMPUTER SERVICES 0.00 375.00 1001 38897 01/26/22 10026 BCT CONSULTING 6150 COMPUTER SERVICES 0.00 375.00 1001 38897 01/26/22 10026 BCT CONSULTING 6120 COMPUTER SERVICES 0.00 375.00 1001 38897 01/26/22 10026 BCT CONSULTING 5000 COMPUTER SERVICES 0.00 375.00 TOTAL CHECK 0.00 1,500.00
SUPERION PAGE NUMBER: 4
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38898 01/26/22 11291 THE BUSINESS JOURNAL 6150 SUMM ORDINANCE 2022-1 0.00 110.00 1001 38898 01/26/22 11291 THE BUSINESS JOURNAL 6150 SUMM OF ORDNCE 2022-2 0.00 137.50 1001 38898 01/26/22 11291 THE BUSINESS JOURNAL 6150 DEV IMPACT FEE REPORT 0.00 137.50 1001 38898 01/26/22 11291 THE BUSINESS JOURNAL 6150 PBLC HEARING TX AMND 0.00 237.50 TOTAL CHECK 0.00 622.50
1001 38899 01/26/22 11792 CA BUILDING STANDARDS CO 6160 CA BSASRF OCT-DEC21 0.00 490.50 1001 38900 01/26/22 10124 COUNTY OF FRESNO 6120 RMS/JMS 0.00 77.06 1001 38900 01/26/22 10124 COUNTY OF FRESNO 6120 DISPATCH 0.00 8,525.95 TOTAL CHECK 0.00 8,603.01
1001 38901 01/26/22 14307 CRUISE MASTER PRISMS, IN 6130 APPARATUS PASSPORTS 0.00 307.50 1001 38902 01/26/22 14188 DATA TICKET 6120 TICKET COLLECTION FEE 0.00 22.00 1001 38903 01/26/22 14551 DE LEON, DAMIAN 500 UB REFUND 0.00 32.81 1001 38904 01/26/22 10088 DEPARTMENT OF CONSERVATI 6160 CASEISMIC OCT21-DEC21 0.00 1,638.91 1001 38905 01/26/22 10100 ECN POLYGRAPH & INVESTIG 6120 POLYGRAPH MACIAS 0.00 200.00 1001 38906 01/26/22 14555 FOWLER SOBER GRAD 2090 DONATION FOR SOBERGRD 0.00 500.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCTION 0.00 225.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCTION 0.00 225.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCTION 0.00 225.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCTION 0.00 225.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCITON 0.00 225.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCTION 0.00 225.00 1001 38907 01/26/22 10104 FPOA 100 EMPLOYEE DEDUCTION 0.00 250.00 TOTAL CHECK 0.00 1,600.00
1001 38908 01/26/22 14552 GURMIT SINGH, GILL 500 UB REFUND 0.00 73.46 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 8500 EMPLOYEE BENEFITS 0.00 314.82 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6025 EMPLOYEE BENEFITS 0.00 413.27 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6400 EMPLOYEE BENEFITS 0.00 768.90 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6700 EMPLOYEE BENEFITS 0.00 768.90 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6030 EMPLOYEE BENEFITS 0.00 1,039.14 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6160 EMPLOYEE BENEFITS 0.00 1,127.10 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6150 EMPLOYEE BENEFITS 0.00 1,753.23 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6020 EMPLOYEE BENEFITS 0.00 2,078.82 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 100 EMPLOYEE BENEFITS 0.00 2,316.40 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 5000 EMPLOYEE BENEFITS 0.00 5,080.35 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6200 EMPLOYEE BENEFITS 0.00 6,456.77 1001 38909 01/26/22 13496 KEENAN & ASSOCIATES 6120 EMPLOYEE BENEFITS 0.00 12,182.30 TOTAL CHECK 0.00 34,300.00
1001 38910 01/26/22 10191 LIFE ASSIST, INC 6130 MEDICAL GLOVES 0.00 434.81 1001 38911 01/26/22 10201 METRO UNIFORM & ACCESSOR 6120 BARRETT UNIFORM 0.00 263.45 SUPERION PAGE NUMBER: 5
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38912 01/26/22 14128 MOTTOMOBILE 6120 APEX MOBILE CITY 0.00 1,750.00 1001 38913 01/26/22 10251 R & R AUTO REPAIR SHOP 6120 UNIT 10 OIL CHANGE 0.00 79.30 1001 38913 01/26/22 10251 R & R AUTO REPAIR SHOP 6120 OIL CHANGE UNIT #20 0.00 79.30 1001 38913 01/26/22 10251 R & R AUTO REPAIR SHOP 6120 OIL CHANGE UNIT #80 0.00 79.30 TOTAL CHECK 0.00 237.90
1001 38914 01/26/22 14553 SANDHU, MANPREET & JAGDE 500 UB REFUND 0.00 83.73 1001 38915 01/26/22 14554 SINGH/PUREWAL, INDERJIT, 500 UB REFUND 0.00 136.13 1001 38916 01/26/22 10085 STATE OF CA DEPARTMENT O 6120 BLOOD ANALYSIS 0.00 210.00 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 8500 EMPLOYEE BENEFITS 0.00 10.61 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6400 EMPLOYEE BENEFITS 0.00 33.18 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6700 EMPLOYEE BENEFITS 0.00 33.18 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6260 EMPLOYEE BENEFITS 0.00 66.36 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6150 EMPLOYEE BENEFITS 0.00 86.25 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6030 EMPLOYEE BENEFITS 0.00 112.78 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6020 EMPLOYEE BENEFITS 0.00 150.61 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6160 EMPLOYEE BENEFITS 0.00 185.79 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 5000 EMPLOYEE BENEFITS 0.00 190.43 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6200 EMPLOYEE BENEFITS 0.00 368.28 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 6120 EMPLOYEE BENEFITS 0.00 786.33 1001 38917 01/26/22 13647 SUN LIFE FINANCIAL 100 EMPLOYEE BENEFITS 0.00 1,387.62 TOTAL CHECK 0.00 3,411.42
1001 38918 01/26/22 11251 ULINE 6080 EUROTOTES 0.00 137.65 1001 38919 01/26/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL 01/11/22 0.00 39.34 1001 38920 01/26/22 13521 UNITY IT 6120 TECHNOLOGY REPAIR 0.00 39.99 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 8500 EMPLOYEE BENEFITS 0.00 4.93 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6700 EMPLOYEE BENEFITS 0.00 9.85 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6400 EMPLOYEE BENEFITS 0.00 9.85 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6150 EMPLOYEE BENEFITS 0.00 12.80 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6160 EMPLOYEE BENEFITS 0.00 14.77 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6260 EMPLOYEE BENEFITS 0.00 19.69 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6260 EMPLOYEE BENEFITS 0.00 19.69 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6030 EMPLOYEE BENEFITS 0.00 25.59 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6020 EMPLOYEE BENEFITS 0.00 43.31 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 5000 EMPLOYEE BENEFITS 0.00 85.65 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6200 EMPLOYEE BENEFITS 0.00 127.99 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 6120 EMPLOYEE BENEFITS 0.00 225.45 1001 38921 01/26/22 11335 VISION SERVICE PLAN - (C 100 EMPLOYEE BENEFITS 0.00 301.09 TOTAL CHECK 0.00 900.66
TOTAL CASH ACCOUNT 0.00 307,115.98
TOTAL FUND 0.00 307,115.98
SUPERION PAGE NUMBER: 6
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT SUPERION PAGE NUMBER: 7
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 790 - FIRE STATION PROJECT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38890 01/19/22 14519 AMAZON CAPITAL SERVICES 7900 760 HD PROJECTOR 0.00 741.03 1001 38891 01/19/22 12300 COOKS COMMUNICATIONS 7900 STATION RADIO 0.00 2,977.63 TOTAL CASH ACCOUNT 0.00 3,718.66
TOTAL FUND 0.00 3,718.66
SUPERION PAGE NUMBER: 8
DATE: 01/27/2022 CITY OF FOWLER ACCTPA21
TIME: 19:08:18 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '38863' and '38921' ACCOUNTING PERIOD: 7/22
FUND - 900 - PUBLIC FINANCING AUTH

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 38892 01/19/22 14549 U.S. BANK 9000 2010 REF BOND FEES 0.00 3,885.60 TOTAL CASH ACCOUNT 0.00 3,885.60
TOTAL FUND 0.00 3,885.60
TOTAL REPORT 0.00 314,720.24
1 MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday January 18, 2022
Mayor Cardenas called the meeting to order at 7:05 p. m.

Councilmembers Present: Cardenas, Kazarian (via teleconference), Mejia (via teleconference), Parra
Councilmembers Absent: Rodriquez
City Staff Present: City Manager Quan, City Attorney Carlson, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, Fire Chief Lopez, City Planner Marple, Finance Director Moreno, City Engineer Peters, Deputy City Clerk Vasquez

5. PUBLIC COMMENT
Gary Serrato addressed the Council.

6. CONSENT CALENDAR
Councilmember Parra pulled item 6-G for discussion. He asked for clarification on the payment timeline and City Manager Quan stated the first payment of $25,000 will be made prior to May 2022 for 2021-2022 school year and the second payment of $25,000 will be made prior to September 2022 for the 2022-2023 school year. Councilmember Kazarian inquired if the MOU could be for one year instead of two. He also inquired if cities must compensate schools for citizens to use the school’s recreational facilities. City Attorney Carlson stated the Civic Center Act allows school districts to cover its costs and seek reimbursement from the user. Councilmember Kazarian noted he would prefer the MOU be for one year. City Manager Quan stated that staff has been tracking the city’s involvement at the school and staff could begin tracking the community’s use as well.

Councilmember Kazarian pulled item 6-F for discussion and inquired if the grant funds could be used for a bike or walk path connecting the City and if there is a limited time to apply for the grant. Public Works Director Dominguez stated the grant was very specific to parks.

Community Development Director Gaffery noted tstaff is currently reviewing other grant opportunities.

Councilmember Parra made a motion to approve consent calendar items 6-A through 6-F, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes:

Parra, Mejia, Cardenas, Kazarian.

Councilmember Parra made a motion to approve consent calendar item 6-G with a condition that moving forward a study be completed that monies are being spent 6-B
2 adequately and a study to research whether the city should have their own park to facilitate the needs of the public, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Cardenas, Kazarian

7. GENERAL ADMINISTRATION
7-A. PLANNING
i. ADOPT Ordinance 2022-02, an Ordinance of the City Council of the City of Fowler Amending the Official Zoning Map of the City to Reflect a Change of Zone for Assessor’s Parcel No. 340-130-14, submitted by Sunshine Raisin Corporation for approximately 29.04 acres on the east side of South Armstrong Avenue between East Adams and East Hogan Avenues
Councilmember Kazarian recused himself due to owning interest in real property within 500 feet of the project.

City Planner Marple reported that Ordinance No. 2022-02 was introduced at the January 4, 2022 regular City Council meeting and the Planning Commission recommended approval at its November 4, 2021 regular meeting.

She stated that Ordinance No. 2022-02 is a prezone to change the zoning of the parcel to the R-1-10 (One Family Residential – 10,000 square foot minimum lot) zone district, which would allow lots with a minimum area of 10,000 square feet and would facilitate development at a density consistent with the General Plan.

Councilmember Parra made a motion to ADOPT Ordinance 2022-02, an Ordinance of the City Council of the City of Fowler Amending the Official Zoning Map of the City to Reflect a Change of Zone for Assessor’s Parcel No. 340-130-14, submitted by Sunshine Raisin Corporation for approximately 29.04 acres on the east side of South Armstrong Avenue between East Adams and East Hogan Avenues, seconded by
Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Cardenas.
7-B. PUBLIC WORKS
i. 2022 Special Events Update (Informational)
Public Works Director Dominguez provided an informational calendar of events and their road closure impacts for the 2022 calendar year. He reported staff continue to track event related costs which are currently absorbed by individual departments and will provide a report at a future Council meeting. 3 Councilmember Mejia announced that there is a possibility of a new Spring event called Pancakes and Pets.
ii. ADOPT revised improvement standards regarding street name signs City Engineer Peters presented a revision to Standard Plan ST-18, Street Name Signs. to include the City logo on street name signs.

Councilmember Kazarian made a motion to ADOPT revised
improvement standards regarding street name signs, seconded by Councilmember Mejia. The motion carried by roll call vote: Kazarian, Mejia, Cardenas, Parra.
7-C. CITY MANAGER’S OFFICE
i. COVID-19 Update
Community Development Director Gaffery reported the Fresno County Department of Public Health’s data shows Fowler’s vaccination rate is 74.1% and staff continue to keep in close communication with FCDPH on any regulatory changes. He stated that staff has taken several additional mitigation strategies due to the omicron variant. City Manager Quan shared an invitation with Council for the upcoming Boy Scouts Eagle Court of Honor reception. ii. Direct the City Manager to form a committee of City staff and community members to plan the Fowler Sesquicentennial and appoint a City Council liaison to the committee
Councilmembers Kazarian and Mejia volunteered to be the liaisons for the Fowler Sesquicentennial event committee. City Manager Quan reported staff members Yvonne Hernandez and Thomas Gaffery, and community member Stephanie Mejia will be on the committee as well.

8. STAFF COMMUNICATIONS – (CITY MANAGER)
8-A. CITY CLERK DEPARTMENT
Deputy City Clerk Vasquez reminded Council of mandatory Harassment in the Workplace training and Form 700 deadlines.
8-B. PLANNING DEPARTMENT
4 Community Development Director Gaffery reported the Kb Home Marshall Estates I subdivision has met the offsite improvements substantial progress requirement of the subdivision agreement and certificates of occupancy are being issued.

9. COUNCILMEMBER REPORTS AND COMMENTS
Mayor Cardenas announced he will meet with Assemblymember Joaquin Arambula later this month and extended an invitation to a fellow Councilmember wishing to participate in the meeting.

Councilmember Mejia reported the Recreation Commission is preparing for the Spring Fest Yard Sale on Saturday, March 26, 2022.

Councilmember Parra thanked Chief Alcaraz and the Police Department for their hard work and dedication.

10. CLOSED SESSION
No reportable action was taken on the two items.

11. ADJOURNMENT
Having no further business, Council member Kazarian made a motion to adjourn, Councilmember Parra seconded. The meeting adjourned at 8:20 p.m.

FOWLER CITY COUNCIL
ITEM NO: 6-C

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM: Scott Cross, City Attorney

SUBJECT
Consider Approval of Resolution No. 2537, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 as amended by AB 361

RECOMMENDATION
Approve Resolution No. 2537 if the City Council makes the findings required by Government Code Section 54953(e)(3) to continue to allow City Council members to attend City Council meetings via remote teleconferencing without following typical Brown Act requirements for teleconference participation by City Council members at City Council meetings. The Resolution also authorizes the City’s other commissions to continue meeting remotely for as long as the City Council authorizes.

BACKGROUND
The City Council approved Resolution No. 2522 on October 19, 2021, authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361 during the COVID-19 declared emergency. To continue with the “relaxed” remote teleconferencing for City Council and other commission meetings Government Code Section 54953 requires the City Council to make findings every 30 days that (1) it has reconsidered the circumstances of the state of emergency, and either (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local officials continue to impose or recommend measures to promote social distancing.

Fowler City Council meetings are currently conducted in a manner that allows the public and Council members to attend in person or via teleconference in compliance with all applicable legal requirements.

Approving this resolution would not change the way members of the public are allowed to participate in meetings (both in-person and teleconference attendance is allowed) and would also allow City Council members to continue to attend meetings via teleconference, if desired, without complying with the typical Brown Act requirements for teleconferencing attendance at City Council meetings.

The proclaimed COVID-19 emergency is still in effect and there may be occasions when the proclaimed emergency directly impacts the ability of members of the public or Council members to meet safely in person. Also, some state and local officials continue to recommend measures to promote social distancing. As a result, the necessary findings can be made, if desired, to continue with remote teleconferencing for City Council and other commission meetings. These findings must be made every 30 days to continue with the relaxed Brown Act teleconference requirements.

FISCAL IMPACT
No fiscal impact is anticipated whether this Resolution is approved or not.

Attachments:
- Resolution No. 2537
RESOLUTION NO. 2537

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING FOR CITY

COUNCIL MEETINGS AND COMMISSION MEETINGS DURING DECLARED

STATE OF EMERGENCY IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 54953 AS AMENDED BY AB 361
WHEREAS, on March 4, 2020, the Governor of California declared a state of emergency in the State as a result of the COVID-19 pandemic; and
WHEREAS, pursuant to Resolution 2461, approved by the Fowler City Council on March 17, 2020, the City Council declared a local emergency as a result of the threatened spread of COVID-19 in the City, surrounding areas, and the state; and WHEREAS, on March 17, 2020, with the issuance of Executive Order N-29-20, the Governor suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other remote means; and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, AB 361 was enacted on September 16, 2021, enacting certain changes to the Brown Act for teleconferencing and remote participation at public meetings as set forth in Government Code Section 54953; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, has not been rescinded and remains in effect; and
WHEREAS, the City Council has determined that teleconferencing from remote locations by the public and City Council members has not limited participation of members of the public, Council members, or other attendees at City Council or other City commission meetings; and WHEREAS, on October 19, 2021, the City Council approved Resolution No. 2522 authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361; and WHEREAS, Government Code Section 54953, as amended by AB 361, requires the City Council to make certain findings every 30 days after approving Resolution No. 2522 in order to continue with remote teleconferencing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES AS FOLLOWS:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency and finds that the following circumstances exist:

A. The state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person; and
B. State or local officials continue to recommend measures to promote social distancing.

2. This Resolution shall be effective immediately and a similar resolution shall be a standing item on City Council meeting agendas each month to reconsider the circumstances of the COVID19 state of emergency and determine whether the state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until the necessary findings required for continuing remote teleconferencing are no longer approved by the City Council.

The foregoing resolution of the City Council of the City of Fowler was duly and regularly introduced and approved at a regular meeting of the City Council on February 1, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
__________________________
David Cardenas, Mayor
ATTEST:
_____________________________
Angela Vazquez, Deputy City Clerk

FOWLER CITY COUNCIL
ITEM NO: 6-D

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM: Margarita Moreno, Finance Director

SUBJECT
ACCEPT a donation to the City in the amount of $1,500 from Waste Management.

RECOMMENDATION
Staff recommend the City Council accept a donation from Waste Management.

BACKGROUND
Per Resolution 1881, donations to the City of $500 or more shall be approved by the City Manager, and then presented to the City Council for acceptance.

A donation was pledged from Waste Management in the amount of $1,500 for the City’s hosting of the Blossom Trail Opening Ceremony.

FISCAL IMPACT
Donation revenue enhances the City’s ability to provide programs and services to residents.

Attachments:
- None

FOWLER CITY COUNCIL
ITEM NO: 6-E

REPORT TO THE CITY COUNCIL
February 2, 2022
FROM Dario Dominguez, Public Works Director

SUBJECT
APPROVE a Memorandum of Understanding (MOU) and a Watering Agreement with California Urban Forests Council (CaUFC) and West Coast Arborists, Inc, (WCA) to participate in the CIRCLE 4 Project to plant sixty-five (65) trees as part of a grant with the California Department of Forestry (CalFire) and authorize the City Manager to execute the necessary documents.

RECOMMENDATION
Staff recommends approval of a Memorandum of Understanding and a Water Agreement with California Urban Forests Council (CaUFC) and West Coast Arborists, Inc, (WCA) to participate in the CIRCLE 4 Project to plant sixty-five (65) trees as part of a grant with the California Department of Forestry (CalFire) and authorize the City Manager to execute the necessary documents.

BACKGROUND
The CIRCLE 4 Project (Project) promotes tree planting in urban areas as part of a grant from the California Department of Forestry (CalFire). The California Urban Forests Council (CaUFC) is the recipient of the grant from CalFire. CaUFC has contracted with West Coast Arborists, Inc. for program management. The local affiliate is Tree Fresno.

The City of Fowler (City) has been selected to receive sixty-five (65) trees to be planted in the City. The trees will be planted on March 12, 2022 in a coordinated event with volunteers and other Project participants across the state. An educational workshop will be held on March 5, 2022, a week prior to the planting event. WCA and Tree Fresno will be responsible for programming the education workshop, with the City providing a suitable location to host the workshop. City staff will also be responsible for providing suitable planting locations within the city right of way and City-owned property, as well as promoting the event via social media, and watering the newly planted trees. The City will be responsible for the long-term care of the trees.

ENVIRONMENTAL REVIEW
Planting of trees at existing facilities is categorically exempt pursuant to CEQA Guidelines section 15301.

FISCAL IMPACT
No appropriation of funds is needed. Trees and related planting supplies will be provided to the City through the grant. City will provide minimal staff time such as promoting and assisting in the planting event and support the ongoing care of the trees through existing general fund appropriations.

Attachments:
- Memorandum of Understanding
- Watering Agreement
1 Memorandum of Understanding
The following Memorandum of Understanding (“MOU”) is between the California Urban Forests Council (“CaUFC”), West Coast Arborists, Inc., a California corporation (“WCA, Inc.”), and the City of Fowler, a general law city & municipal corporation (“City”), regarding CIRCLE 4 – AMPLIFY the Urban Forest (“CIRCLE 4”) project. For reference purposes, the CaUFC, WCA, Inc., and City shall be referred to individually as a “Party” and collectively as the “Parties.” This MOU shall become effective on the last date signed by the Parties.

CIRCLE 4
The CIRCLE 4 project is an Invest From the Ground Up Campaign under the CaUFC. The CaUFC has partnered with WCA, Inc. and cities throughout California to improve the urban forests. CIRCLE 4 is funded through CAL FIRE’s Urban Forest and Community Grant Program. CIRCLE 4 will plant trees and deliver a full program on urban forestry to the community.

Interested Parties
The CaUFC, CaUFC’s partners, WCA, Inc., and the City agree to work cooperatively on the CIRCLE 4 project and the associated deliverables to honor the CaUFC contract agreement with the California Department of Forestry and Fire Protection (CAL FIRE). WCA, Inc. is contracted by CaUFC for completion of the CIRCLE 4 project and is responsible for program management and tree removal activities.

For purposes of this MOU, there are three major contributors to this process: Nancy Hughes representing CaUFC, Andres Rodriguez representing WCA, Inc., Wilma Quan representing the City.

Duties and Responsibilities
CaUFC, the CaUFC’s partners, WCA Inc., and the City pledge to work together in a spirit of cooperation to complete the work.

All Parties shall comply with all relevant laws and regulations regarding documentation, reporting, use, etc. of any state funds in accordance with applicable state law and furnish administrative assistance services including but not limited to:

1. Adherence to the approved scope of work, below, and set out in the assigned project.

2. Retention of all records for three (3) years after the end of the contract term. This requirement applies to fiscal records, reports, and partner information. If additional information is requested, the City agrees to make all records relating to the contract available upon request by CaUFC.

Decision Making
Decisions regarding implementation of the CIRCLE 4 project within the City of Fowler will be made by consensus of all Parties when there are proposed changes to the scope of work. Decision-making will be done jointly and in a spirit of cooperation. All decisions that are proposed and/or change the scope of work (verbal, written, or implied) must be agreed upon and authorized in writing by all Parties prior to commencing with the additional work. Otherwise, work can proceed as agreed upon for each party in the scope of work.
2 Termination
Any Party may terminate its participation in this MOU for its convenience, and without cause, by giving not less than 30 days’ advance written notice to the other Parties. This MOU supersedes all previous agreements pertaining to the subject-matter of this MOU whether such previous agreement was written or oral.

Scope of Work
The scope of work describes the agreed upon project activities. The scope of work for the CIRCLE 4 project is set forth as follows:

1. CaUFC will provide the City 65, 15-gallon trees which will include stock and labor to ensure proper installation by volunteers and WCA, Inc.

2. The city will provide the GPS locations and tree species for all trees to be planted for this grant by March 1st, 2022. The city will provide support for DigAlert delineation.

3. The city will select species from a predetermined list provided by WCA, Inc. The city agrees to incorporate underutilized, climate appropriate species. The list will be provided by February 7, 2022.

4. The city will aid the CaUFC and WCA, Inc. to host a tree planting event March 12, 2022, to coincide with the statewide effort to plant 2,000 trees in one day.

5. CaUFC, WCA, Inc., and the city will join efforts to engage and deliver an educational tree workshop and tree planting event to the community and other local interested volunteers.

6. The city agrees to promote the tree workshop and tree planting event through existing city resources, including social media accounts.

7. The city will provide event logistic support, including pre-digging holes, staging trees day of event, and water resources day of tree planting. All associated costs are incumbent to the city.

8. The city agrees to provide tree care through incorporating new trees in management and maintenance plan activities. This includes watering newly planted trees as soon as they are installed. All associated costs are incumbent to the city.

9. The city will provide a facility suitable for a community workshop session regarding trees and urban forestry in the weeks prior to the tree planting event. Programming will be provided by WCA, Inc.

10. The WCA is responsible for procuring a sign and the City shall select the location of and install the sign. The sign shall remain in place until March 30, 2027, 3 years after the grant deadline. A California Climate Investments and CAL FIRE approved template will be provided by WCA, Inc.
3 11. WCA, Inc. will conduct post-plant monitoring to ensure the trees establish properly. This includes a structural prune one year after planting. The city is expected to respond to the recommendations made from the monitoring, in order to improve the tree’s health.

12. CaUFC will provide $875 in funding for a limit of 5 tree replacements for dead trees. If mortality is greater than what can be replaced by CaUFC grant funds, the City shall replace the dead trees at their own expense within the grant period.

13. The city will report trackable match time and hours to WCA, Inc. as necessary. There is no minimum requirement for match time and hours.

Timeline
The grant period is from August 2020 to March 2024. All parties agree that the CIRCLE 4 project will be completed by March 31, 2024, though periodic benchmarks may be set through the scope of work to support on-time project completion.

Relationship of Parties
Each Party acknowledges and agrees that it is an independent entity from, and not an employee or agent of, any other Party to this MOU.

Volunteer Indemnification
All volunteers shall sign the program’s volunteer liability waiver prior to participating in any events associated with the Project.

Indemnification of Parties
To the full extent permitted by law, each Party agrees to indemnify, defend and hold harmless the other Parties, and their elected and appointed public officials, officers, employees and agents from and against any and all actions, (judicial, administrative, arbitration or regulatory) claims or demands, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including attorney fees and costs incurred in defense thereof, that may be asserted or claimed by any person, firm or entity, arising out of or related to any negligent act or omission, excluding the willful or intentional misconduct of any Party, during the course of its participation in the CIRCLE 4 Project and this MOU.

Responsibility Of City:

The City agrees to be responsible for and complete those items set forth in Scope of Work Section 1 through 12 Responsibility Of CaUFC:

CaUFC agrees to be responsible for and complete those items set forth in Scope of Work Section 1 through

12. 4
Responsibility Of WCA:

WCA agrees to be responsible for and complete those items set forth in Scope of Work Section 1 through

12. Assumption of Risk
CaUFC and WCA, Inc. assumes no liability or responsibility for any personal property of the City or of its staff, volunteers, instructors, employees, contractors, consultants, guests, invitees, and agents brought to assist with the CIRCLE 4 project, during the term of this MOU. The City assumes no liability or responsibility for any personal property related to the CaUFC and WCA, Inc., or of their staff, volunteers, instructors, employees, contractors, consultants, guests, invitees, and agents brought to assist with the CIRCLE 4 project, during the term of this MOU. CaUFC certifies that it has reviewed and agreed to the terms of this MOU.

Insurance
Prior to undertaking performance of work under this MOU, WCA, Inc., shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

Each Party will, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

B. Commercial General Liability Coverage. With limits of no less than two million dollars ($2,000,000) combined single limit per occurrence or four million dollars ($4,000,000) aggregate limit for bodily injury, personal injury, and property damage and shall hold the City, and does hereby hold the City, free and harmless from all liability which may arise by reason of injury to any employee of the WCA, Inc. during performing any work or labor under this MOU.

C. Automobile Liability Coverage. Covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

D. Compliance with State Workers' Compensation Requirements. Each Party will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. and will, at all times, upon demand of the other Party’s authorized representative or his/her designee, furnish proof that Workers' Compensation Insurance Miscellaneous Terms
A. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect.

B. Governing Law; Venue. The laws of the State of California shall govern this MOU without regard to principles of conflicts of laws. Any action to enforce or interpret this MOU shall be filed in the respective county court office.
5 C. Integration; Amendments. This MOU represents the entire and integrated MOU between CaUFC, WCA, Inc. and the City with respect to the subject matter hereof, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect thereto. This MOU may be modified or amended only by a subsequent written agreement signed by both Parties.

D. Attorneys’ Fees. If a party to this MOU brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this MOU, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled.

E. Waiver. No waiver of any breach of any covenant or provision of this MOU shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.

F. No Third-Party Beneficiaries. Nothing contained in this MOU is intended to or shall be deemed to confer upon any person, other than the Parties, any rights, or remedies hereunder.

G. Assignment. No assignment, subletting, or transfer in whole or in part of this MOU shall be made or shall be effective without the prior written consent of the CaUFC and WCA, Inc.

H. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of CaUFC and WCA, Inc. shall be personally liable to the City in the event of any default or breach by CaUFC or WCA, Inc. or for any amount which may become due to the City pursuant to this MOU.

I. Authority. The undersigned expressly represents that he or she is authorized to execute this MOU on behalf of the City and that it meets each of the requirements set forth in the MOU, including but not limited to the insurance and workers compensation requirements.

We the undersigned agree to this Memorandum of Understanding.

Nancy Hughes Wilma Quan Linda Mendez
Executive Director City Manager Grant Coordinator
California Urban Forests
Council
City of Fowler West Coast Arborists
Date Executed: Date Executed: Date Executed:

CIRCLE 4.0 – Watering Agreement
City of Fowler, West Coast Arborists, Inc., the tree maintenance contractor, & the California Urban Forests Council, are partnering through the Amplifying the Urban Forests (CIRCLE 4.0).

CIRCLE 4.0 is a grant project funded through CAL FIRE with the goal to reduce carbon & greenhouse gas emissions by planting urban trees.

The City of Fowler will be receiving 65 trees through the CIRCLE 4.0 grant project and has agreed to water them sufficiently for the first two years post planting to ensure their success.

West Coast Arborists Inc. will conduct routine visits to ensure the trees are watered regularly and perform maintenance activities such as removing tree stakes and perform one structural pruning in the second year.

This is to certify that the City of Fowler is the legal owner of the: 65 trees under the CAL FIRE funded CIRCLE 4.0 grant and hereby agrees to water trees to be planted on their property weekly for a period of 2 years following planting of the trees, or as needed to ensure establishment.

Wilma Quan
City Manager
City of Fowler
Date Executed:

FOWLER CITY COUNCIL
ITEM NO: 6-F

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM: David Peters, PE – City Engineer

SUBJECT
APPROVE Resolution No. 2539 modifying the City’s Street Cutting Policy.

RECOMMENDATION
Staff recommends approval of Resolution No. 2539 modifying the City’s Street Cutting Policy.

BACKGROUND
In October 2021, the City of Fowler adopted a Street Cutting Policy to protect the City’s substantial investment in street maintenance through limiting the activities that would damage newly paved and resurfaced streets.

Staff has prepared an update to this policy to address allowable work hours for utility work affecting schools. The updated Street Cutting Policy will require the following:
a) Work within 600 feet of an in-session school must not begin prior to 9am and must be terminated, including removal of any traffic control devices, 30 minutes prior to the time of student release as defined by the current bell schedule of the affected school. b) Night work may be permitted between the hours of 7pm and 6am if approved by the Public Works Director 48 hours in advance of work being performed. c) Any exception to this work hour restriction must be approved by the Public Works Director 48 hours in advance of work being performed.

FISCAL IMPACT
None.

Attachments:
• Street Cutting Policy – Updated February 1, 2022
• Resolution No. 2539

Updated February 1, 2022
EXHIBIT “A”

CITY OF FOWLER

STREET CUTTING POLICY

BACKGROUND
This street cutting policy is intended to limit developers, utility companies, and City crews from damaging newly paved or resurfaced streets.

Many studies have indicated that a utility cut damages an area of pavement larger than the actual area of the excavation. In line with the State of California and other cities, the City of Fowler requires anyone who cuts into the pavement of a public road to reconstruct the street from curb to curb for the full extent of the pavement cut. The City also requires all trench cuts to be T-cuts, with a wider pavement replacement width than trench width, to reduce the negative impacts of the trench cut. In addition, this policy allows the Director of Public Works to require the person repaving the excavation to apply a seal coat at any time within two years of the time of repaving.

PURPOSE
A street cutting policy is justified to reduce pavement degradation and extend the life and structure of the pavement.

PROCEDURES

1. Street cutting policy
• 3-year moratorium for pavement cuts on streets receiving a seal coat, such as a slurry seal or chip seal.
• 5-year moratorium for pavement cuts on newly constructed and reconstructed streets and for streets receiving overlays and treatments one-inch thick or greater. • The moratorium shall be in force during the construction period for projects that include seal coats, or new street construction or street reconstruction, and the moratorium period will begin upon the filing of the Notice of Completion for the construction project including the affected streets.
• For streets that receive a seal coat, the moratorium shall begin to be enforced when the streets are sealed, and the timed moratorium period will begin upon the filing of the Notice of Completion.
• For newly constructed or reconstructed streets, the moratorium shall begin to be enforced when the streets are given the final pavement cap, and the timed moratorium period will begin upon the filing of the Notice of Completion.

Updated February 1, 2022
Trench Repair Requirements for Streets under Moratorium - If need for trenching is justified and a waiver is approved by the City Engineer, the City shall require resurfacing at least the length of excavation from curb to curb or from curb line to the raised median. • Lateral trenches (perpendicular to the curb) - Extend T-cut grind and overlay limits to 10 feet beyond each side of the trench and over the entire lane that is impacted (regardless of street classification).
• Longitudinal trenches (parallel to the curb - If the asphalt depth is four inches or deeper, grind two inches minimum and place two inches minimum overlay over the entire lane or lanes (curb to curb or curb to median curb) that are impacted (regardless of street classification). If the existing asphalt depth is less than four inches, grind the full depth of asphalt and replace asphalt in-kind (minimum two inches) over the entire lane or lanes (curb to curb or curb to median curb) that are impacted (regardless of street classification).
• If the existing AC depth is greater than 4-inches, grind 2 inches minimum and place 2 inches minimum overlay over the entire lane that is impacted (regardless of street classification) curb to curb.
• If the existing AC depth is less than 4-inches, the entire lane will need to be resurfaced to meet the City’s minimum structural section of 4-inches of AC over 6-inches of Class II Base.
• Use Current City of Fowler Standard Drawing.

2. Excavations of streets not under the Utility Trench Moratorium • Use City of Fowler Standard Drawing.

3. Proposed Waivers - The City Engineer may grant a waiver if one or more of the following conditions are present:
a) A bona fide emergency exists that endangers the health and safety or property of the citizenry and requires an excavation in order to remediate the emergency. b) New service to a specific location cannot be provided either through existing conduit, where trenchless technology is impractical due to soil conditions, proximity of facilities or economically impractical, and the public utility demonstrates to the City Engineer's satisfaction that the service cannot be provided from another location.
c) The installation or relocation of facilities by a non-government owned public utility is both required by the City, County, State or Federal Government and not required as a result of an underground utility district.
d) Only a non-linear excavation or exploratory excavation will be made.

Updated February 1, 2022
e) Where conditions prohibit boring.
f) Where there is a lack of working space for bore pits at each end of the street crossing bore.
g) An open trench is required to expose existing distribution facilities in street to terminate or establish service lines, or to provide emergency repair of existing underground facilities.
h) Existing facilities in the street conflict with the proposed bore. i) Joint trench use is required and if within 200 feet of an open sewer or water trench, consideration will be given to an open trench.
j) Unusual circumstances are present and the City Engineer finds that the public interest is best served by allowing such a cut.

5. Americans with Disability Act (ADA) Compliance - The City Engineer may require repair or replacement of the following facilities impacted by street cutting associated with this policy to maintain compliance with ADA requirements. Such improvements may require:
a) Repair or replacement of curb access ramps impacted by trenching or boring b) Repair or replacement of sidewalks impacted by trenching or boring c) Repair or replacement of valley gutters impacted by trenching or boring d) Other ADA related facilities impacted by trenching or boring as deemed necessary by the City Engineer.

6. Scheduling Work Near Schools
a) Work within 600 feet of an in-session school must not begin prior to 9am and must be terminated, including removal of any traffic control devices, 30 minutes prior to the time of student release as defined by the current bell schedule of the affected school.
b) Night work may be permitted between the hours of 7pm and 6am if approved by the Public Works Director 48 hours in advance of work being performed. c) Any exception to this work hour restriction must be approved by the Public Works Director 48 hours in advance of work being performed.

IMPLEMENTATION
Streets that are constructed or rehabilitated and have received a Notice of Completion (NOC) on or after date of Council adoption of this policy will be subject to all provisions of this policy.

RESOLUTION NO. 2539

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

UPDATING THE STREET CUTTING POLICY
WHEREAS, the City of Fowler has adopted a street cutting policy to protect the City’s substantial investment in street maintenance through limiting the activities that would damage newly paved and resurfaced streets; and
WHEREAS, modifications are necessary to the policy to define allowable work hours for utility work affecting schools.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler the modified Street Cutting Policy dated February 1, 2022 and attached as Exhibit A to this resolution are herewith adopted.
******
The foregoing resolution was duly passed and adopted at a regular meeting of the Fowler City Council held on the 1st day of February 2022, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Abstain: Councilmembers:

APPROVED:
______________________________
David Cardenas, Mayor
ATTEST:
__________________________________
Angela Vasquez, Deputy City Clerk

FOWLER CITY COUNCIL
ITEM NO: 6-G

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM David Peters, City Engineer

SUBJECT
ADOPT Park Monument Sign Improvement Standards

RECOMMENDATION
Staff recommend City Council adopt Resolution No. 2541 approving Standard Plan M-16 and M-17 pertaining to park monument signs.

BACKGROUND
The Fowler City Council previously approved improvement standards for various public infrastructure facilities related to streets, water and sewer systems, etc. Occasionally, new standards are needed to provide for uniform infrastructure construction of various facilities. Standard Plans M-16 and M-17, Park Monument Sign, are proposed to provide a standard concrete monument sign that will be installed at City parks. The proposed standard plans are attached to this report.

FISCAL IMPACT
There is not a fiscal impact to the City since park monument signs are included in basic park infrastructure and are typically installed at developer’s expense.

ATTACHMENTS
- Resolution No. 2541
- Standard Plans M-16 and M-17
1 RESOLUTION NO. 2541

A RESOLUTION ADOPTING PUBLIC WORKS DESIGN STANDARDS

FOR THE DESIGN OF PUBLIC INFRASTRUCTURE FACILITIES
WHEREAS, the City of Fowler has previously utilized and adopted improvement standards for construction of public infrastructure facilities; and
WHEREAS, periodic additions to the improvement standards are necessary to ensure proper design, construction and function of city infrastructure and other miscellaneous facilities; and WHEREAS, standard plans M-16 and M-17 provide details for construction of uniform park monument signs.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES AS FOLLOWS:

1. Effective immediately, Standard Plans M-16 and M-17 are hereby adopted for inclusion in the City Improvement Standards.

The foregoing resolution of the City of Fowler was duly and regularly adopted by the City Council of the City of Fowler at a regular meeting held on February 1, 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED:
_____________________________
David Cardenas, Mayor
ATTEST:
________________________________
Angela Vasquez, Deputy City Clerk
ELEVATION 84" 35" 24 1/2" 24 1/2" 6 3/4" letters (size of capital) cast in, painted dark blue* 51" 38" Park name CITY OF FOWLER 3" letters (size of capital) cast in, painted dark blue* 38" Border cast in, painted dark blue* 51" (1) Cast in logo, 12" dia. painted as shown* SECTION 8" NOTES: 1. Concrete mix design to include a mixture of Portland Cement, water, coarse and fine aggregates, pure mineral oxide coloring agents (when applicable) to yield a minimum compressive strength of 5000 psi.

2. Final product shall be reinforced with #4 and #5 rebar grid.

3. Product is cast in 1-piece with no assembly required.

4. Sign shall be ordered from Outdoor Creations or approved equal

5. Cut-sheet of sign must be approved by City Engineer and Public Works Director prior to order. *Paint colors: White Dark Blue: PPG 1167-7 Blue Jewel Gold (non-metallic): PPG 1214-6 Indian Maize Red: Standard Red 1 Green: PPG 1132-7 Brunswick Orange: P&L 11-12 Nectarine Juice Reddish Brown: PPG 16-08 Antique Mahogany WEIGHT: 2400 LBS TEXTURE: Smooth COLOR: TBD SEALER: Standard Acrylic Pipe size and height to
be determined by sign manufacturer Sign footing see M-17 REVISION DATE CITY OF FOWLER STD. DWG.

PRE-CAST CONCRETE PARK SIGN M -16
1/27/22
REVISION DATE CITY OF FOWLER STD. DWG.

Minimum below grade
Add height needed above grade ELEVATION SECTION 48" O.C. 12" 84" 12" 24" 3" grout pockets PLAN 24" 84" 1. Cast (2) mounting thru holes (grout pockets) minimum diameter 3", in footing as shown. 2. Insert pipe (supplied with sign) into holes in bottom of sign. 3. Fill grout pockets with liquid grout cement and lower sign onto footing, using epoxy between sign and footing for final anchoring.

INSTRUCTIONS FOR SIGNS WITH BASE (PIPE MOUNT)
1) Pour a concrete footing per detail. (See this sheet) Make sure it is flat and level. 2) Set pipes (shipped with sign), into footing grout pockets. Do not use mortar yet as a “dry run” installation recommended. 3) Set sign over pipes and square up to footing. 4) Place sign on pipes. Do not epoxy yet as a “dry run” to check for proper fit is recommended. 5) If sign installed properly then can proceed to permanent installation that includes application of mortar/epoxy.
6) Remove sign and pipes. Mix mortar and fill grout pockets ¾ full with mortar. 7) Apply construction epoxy between footing and base.
8) Reinstall pipe9) Place sign on pipes and prior to contact with footing apply a thick bead of construction epoxythat runs in the center of the footing (use pipes as guideline) the length of the sign itself. 10) Make any fine tuning adjustments to the sign as needed by use of shims while epoxy/mortar is setting.11) Use rags/towels to clean up any epoxy that may squeeze out from under the sign as sign settles on base. NOTES REVISION DATE CITY OF FOWLER STD. DWG.

M -17
1/27/22 PRE-CAST CONCRETE PARK

SIGN FOOTING

FOWLER CITY COUNCIL
ITEM NO: 8-Ai

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM: Margarita Moreno, Finance Director

SUBJECT
ACCEPT Credit Card Usage Report for July 1 through December 31, 2021.

RECOMMENDATION
Staff recommend the City Council accept the Credit Card Usage Report for July 1, 2021 through December 31, 2021.

BACKGROUND
Council Resolution No. 2363 requires the Finance Director to provide City Council a report on credit card usage with the annual and mid-year financial reports. The attached report provides credit card usage by employee and details the expenses. Credit card expenses are submitted monthly by the responsible employee. All credit card expenses are approved by the Finance Director and reviewed by the City Manager.

Note that there are recurring charges that continue to post under the former Interim Finance Director, Carlos Sanchez. Staff recently corrected these recurring charges to the current finance director credit card.

FISCAL IMPACT
Credit card expenses are posted to the appropriate department or fund’s operating budget.

Attachments
- Credit Card Usage Report

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FOWLER CITY COUNCIL
ITEM NO: 8-Aii

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM Margarita Moreno, Finance Director

SUBJECT
Actions pertaining to the fiscal year 2021-22 mid-year budget report and budget amendments:
• ACCEPT the fiscal year 2021-22 mid-year budget report. • ADOPT Resolution No. 2538 approving fiscal year 2021-22 proposed budget amendments.

RECOMMENDATION
Staff recommend City Council accept the fiscal year 2021-22 mid-year budget report and adopt Resolution No. 2538 approving fiscal year 2021-22 budget amendments.

BACKGROUND
The fiscal year 2021-22 mid-year budget report reflects the City’s revenues and expenditures through December 31, 2021. The mid-year budget reports provide the data to inform any necessary budget amendments to ensure that the budget is balanced at the end of the fiscal year. As such, staff recommend some budget amendments based on operational changes during the first half of the fiscal year, as well as staff’s stronger understanding of departmental operations and base budget needs.

Below is a summary of revenues received and expenditures made for each fund type through December 31, 2021.

GENERAL FUND
The General Fund covers core services such as police, fire, public works, community development, parks, recreation, and the senior center. Sales and property taxes are the two largest sources of revenue in the General Fund. Revenues in the General Fund are at 29% and expenditures are at 46% at mid-year, as follows:
2 of 6

REVENUES
As summarized in Attachment A, General Fund revenues received through December 31, 2021 total 29% of the annual budget estimates, while expenditures at 46%. It is important to note that certain revenues are collected at various times throughout the year and not reflected in the midyear report.

PROPERTY TAX
Revenues are at 32% of budget
The major portion of property tax revenue is not scheduled to be distributed to cities until the end of December or early January and therefore not reflected in this report.

PERMITS/LICENSES
Revenues are at 71% of budget
The City received 71% of permits/licenses fees through December 31, 2021. Charges for services are higher through December 31, 2021. Building permits are at $404,217 and plan check fees at $39,122 which make up a large portion of these estimated revenues.

Increased permits and development activity are responsible for the increase. Additionally, business license renewals are not due until December 31, 2021 and therefore not reflected in this report.

FINES & FEES
Revenues are at 42% of budget
Fines and Fees are on target through December 31, 2021 at 42%.

USE OF MONEY & PROPERTY RENTAL INCOME
Revenues are at 33% of budget
Revenues from rental and interest income are on target. The majority of rental income are received from Unwired broadband for the water tower.

MOTOR VEHICLE IN LIEU
Revenues are at 0% of budget
The VLF payment will be received in the third quarter and is therefore reflected 0% at mid-year. The motor vehicle in lieu revenues are property tax shares allocated to cities and counties by the State.

SALES TAX
Revenues are at 38% of budget
The City has received 38% of sales tax revenues. Sales tax revenues are the largest revenue source in the General Fund. Sales tax is received two months in arrears, therefore, only reflecting four months of revenue. A budget amendment is proposed to adjust revenues to account for the projected growth in sales tax revenue.

TRANSIENT OCCUPANCY TAX
Revenues are at 27% of budget
Transient occupancy taxes are received on a quarterly basis, the first payment received in October is at 27% at mid-year. The second quarter payment is not reflected in the midyear report. 3 of 6

FRANCHISE FEES
Revenues are at 15% of budget
Franchise fees are received in a quarterly basis, the first payment received in October is reflecting the 15% at mid-year. The second quarter payment is not reflected in the midyear.

SERVICES & OTHER FEES
Revenues are at 34% of budget
Revenues from services & other fees are currently at 34% and are anticipated to meet budgeted expectations. These revenues are from various sources such as recreation, inspection, planning, park maintenance, and special police services.

GRANT
Revenues are at 4% of budget
Two allocations have been received from Local Public Safety Funds (LPSF). Staff anticipate grants to be on target at end of year.

OTHER MISC REVENUE
Revenues are at 1,599% of budget
Revenues from other sources at are currently at 1599%. These miscellaneous revenues include donations, P.O.S.T reimbursements, restitution, and other refunds. It is typical for revenues in this category to reflect higher percentages than budgeted.

TRANSFER IN
Revenues are at 0% of budget
A general ledger entry will be done to allocate the transfer in and transfer out to the appropriate funds at year end.

EXPENDITURES
As summarized in Attachment A, the City has expended roughly 46% of its appropriations as of December 31, 2021. All departments are on target to their budgeted lines from actual to budget for mid-year.

As summarized in Attachment B, the summary of all funds revenues reflects the revenues and expenditures for the mid-year ending December 31, 2021 by fund type as summarized below:

ENTERPRISE FUNDS

WATER UTILITY FUNDS
Revenues 46% | Expenses 44%
Through December 31, 2021, expenses are at 44% of budget and revenues slightly higher at 46% of budget. Staff anticipate the Water Utility Fund budget to be on target for year end.

SPECIAL REVENUES

UTILITY USERS TAX
Revenues 46% | Expenses 12%
4 of 6
Utility User’s Tax are paid to the city one month in arrears. Five-month revenues are at $183,633, or 46% of budget, and expenses at 12%. An end of year transfer entry will be done to reconcile all transfers from UUT.

DISTRICT SALES TAX (MEASURE N)
Revenues 59% | Expenses 00%
District Sales Tax Funds are received in a monthly basis. Revenues are $592,608. Revenues are received two months in arrears, therefore this number only reflects four months of revenue.

Expenses are currently at 0% of budget. Staff anticipates projected expenses to be on target at end of year.

COPS GRANT
Revenues 57% | Expenses 0%
Cops grant reimbursement are processed once expenses are made. The expenses will be adjusted at year end.

GAS TAX
Revenues 44% | Expenses 93%
Highway User Tax (gas tax) revenues are received monthly. The 93% reflects payments made in the first quarter for the Merced Street Improvement debt service.

ARPA FUNDS
Revenues 100% | Expenses 10%
The budgeted first tranche of the American Rescue Plan Act (ARPA) funds has been received at 100% in revenues. Expenses budgeted for these funds include employee premium pay, Council Chambers AV modernization, and water meter upgrades.

LTF ART 3 & 8
Revenues 0% | Expenses 21%
LTF revenues are generated from Fresno County. Expenses include utilities, PG&E, and street sweeping.

MEASURE C
Revenues 78% | Expenses 0%
$185,062 in monthly Measure C revenues have been received thus far. Budgeted expenses include ADA repairs and Paving projects to be completed by end of year.

SB1 RMRA FUNDS
Revenues 48% | Expenses 0%
SB1 revenues are received monthly from the State. Budgeted expenses include street paving projects to be completed by end of year.

AB1600 IMPACT FEES
Due to high volume of development activity in the City and the newly-adopted impact fees, the various AB1600 revenues are reflecting a range from 95% to 637% for the mid-year. Several budget amendments are proposed to adjust revenues to account for the increase development activity.
5 of 6

DEBT SERVICE FUNDS
The long-term debt report for the 1993-1 funds, Fire Station, and the Financing Authority are all showing expenses up to 93% for the mid-year. This is due to a significant debt service payment being made in September. These payments are made semiannually and thus skew the first quarter picture.

Additionally, principal payments are paid in the fall and not in the spring. Revenues and expenses are projected to meet the budgeted amount at year end.

SUCCESSOR AGENCY
The RDA is responsible for the 2010 refunding bonds debt service. Two payments are made annually.

Expenses are currently at 54% of budget.

BUDGET AMENDMENTS
As summarized in Attachment C, staff propose several mid-year budget amendments to align the expenditures and revenues to the budget. The following budget amendments are proposed:

GENERAL FUND
Revenues
Adjustments are needed to bring revenues and expenses to actual. Budgeted sales tax revenue needs to increase due to projected sales tax growth. Adjustments to Donations, Misc, P.O.S.T Reimbursement, Misc Refunds, and Other Reimbursements are needed to accommodate increased revenues.

Expenses
The fiscal year 2021-22 budget reflects the process of staff developing a City budget using unaudited data, operating fiscal year 2020-21 via continuing resolution, and the lack of sufficient information to have a true “base budget.” Adjustments are needed to various categories across departments including supplies, janitorial maintenance, commissioners’ wages, insurances, communications, one-time expenses related to computer support, and a change in utilities cost distribution.

SPECIAL FUNDS
Utility Users Tax
An adjustment to expenses is needed for unbudgeted bank fees.

CARES Act Fund
An adjustment to revenues and expenses is needed to bring the budgeted amounts to zero as the budget was already appropriated in the prior year.

Streets Project Fund
An adjustment is needed to record the ongoing Adams Phase 2 & 3 construction to be offset by expense that will be reimbursed to the City.

CDBG Fund
An adjustment is needed due to a one-time loan payoff in the revenue fund. 6 of 6
AB1600 Impact Fees Funds
Several adjustments to revenue funds are needed due to increased development activity.

Fire Station Fund
An adjustment is needed for expenses that will be reimbursed by the USDA.

ENTERPRISE FUNDS
Water Fund
An adjustment to budged revenues is needed due to increased development activity as well as an increase in budgeted expenses for small tools, supplies, and computer support for water operations.

Water Maintenance Fund
An adjustment to revenues is needed due to increased development activity.

TCP Fund
An adjustment is needed as interest income was not budgeted.

Attachments:
- A General Fund Summary
- B All Fund Summary
- C Resolution 2538 Budget Amendment

ATTACHMENT A

GENERAL FUND SUMMARY REVENUES PERCENTAGE MID-YEAR BUDGET

BUDGET AS OF REVENUES PROJECTED VS
REVENUES 2021-2022 12/31/2021 12/31/2021 YEAR END PROJECTED PROPERTY TAX 928,250 299,052 32% 928,250 0
PERMITS/LICENSES 677,200 477,999 71% 677,200 0
FINES & FEES 9,500 3,995 42% 11,500 2,000
USE OF MONEY & PROPERTY RENTAL 14,500 4,855 33% 14,500 0 VLF 807,700 0 0% 807,700 0
SALES TAX 1,600,000 608,382 38% * 1,650,000 50,000
TRANSIENT OCCUPANCY TAX 150,000 40,636 27% 150,000 0
FRANCHISE FEES 387,200 59,651 15% 387,200 0
SERVICES FEES & OTHER 101,500 34,956 34% 104,050 2,550
GRANTS 203,800 7,471 4% 204,800 1,000
OTHER MISC/REIMB REVENUE 6,600 105,564 1599% 120,650 114,050 TRANSFER IN 722,887 0 0% 722,887 0
TOTAL REVENUES $5,609,137 $1,642,561 29% $5,778,737 $169,600 Note *Based on HDL estimates

EXPENDITURES PERCENTAGE MID-YEAR BUDGET

BUDGET AS OF EXPENDITURES PROJECTED VS
EXPENDITURES 2021-2022 12/31/2021 12/31/2021 YEAR END PROJECTED CITY COUNCIL 44,380 13,771 31% 44,380 0
ADMINISTRATION 395,570 184,612 47% 410,570 15,000
CITY CLERK 85,122 25,081 29% 85,122 0
FINANCE 387,692 208,026 54% 388,692 1,000
CITY ATTORNEY 160,000 114,825 72% 160,000 0
GENERAL GOVERNMENT 268,296 249,133 93% 283,296 15,000
POLICE 2,103,049 924,333 44% 2,103,049 0
FIRE 223,058 84,867 38% 248,058 25,000
ANIMAL CONTROL 16,500 5,784 35% 16,500 0
PUBLIC WORKS-STREET 557,487 256,817 46% 597,487 40,000
PLANNING 547,298 147,973 27% 579,498 32,200
BUILDING 265,981 143,047 54% 342,181 76,200
PUBLIC WORKS-PARK MAINT 280,185 86,126 31% 314,185 34,000 RECREATION 115,190 70,758 61% 118,190 3,000
SENIOR CENTER 155,329 46,233 30% 155,329 0
TOTAL EXPENSES $5,605,137 $2,561,385 46% $5,846,537 $241,400

ATTACHMENT B

MID YEAR

ALL FUND SUMMARY MID-YEAR BUDGET MID-YEAR BUDGET PROJECTED 2021-2022 REVENUES AS PERCENT PROJECTED VS 2021-2022 EXPENSES AS PERCENT PROJECTED VS REVENUES/ BUDGET OF 12/31/2021 REC'S YTD YEAR END PROJECTED BUDGET OF 12/31/2021 USED YTD YEAR END PROJECTED (EXPENSES)

GENERAL FUND
General Fund $5,609,137 $1,642,561 29% $5,778,737 $169,600 $5,605,137 $2,561,385 46% $5,846,537 241,400 (71,800) $ ENTERPRISE FUNDSWater Utility 1,543,600 707,152 46% 1,546,600 3,000 1,899,486 837,624 44% 1,904,486 5,000 (2,000)Water Well Maintenance 0 112,512 0% 113,000 113,000 0 0 0% 0 0 113,000Groundwater Recharge CID 0 0 0% 0 0 195,684 165,684 85% 195,684 0 0TCP 0 915 0% 1,815 1,815 1,469,000 6,365 0% 1,469,000 0 1,815 Sub-total $1,543,600 $820,579 53% $1,661,415 $117,815 $3,564,170 $1,009,673 28% 3,569,170 $ 5,000 $ 112,815 $ SPECIAL REVENUE FUNDSUtility Users Tax 400,500 183,633 46% 400,500 0 329,325 38,111 12% 336,525 7,200 (7,200)District Sales Tax 1,000,000 592,608 59% 1,000,000 0 662,562 0 0% 662,562 0 0COPS Grant 125,000 71,285 57% 125,000 0 265,000 0 0% 265,000 0 0Care Funding 79,688 0 0% 0 (79,688) 72,816 0 0% 0 (72,816) (6,872)Recyle Grant 5,000 0 0% 5,000 0 5,000 2,500 50% 5,000 0 0Gas Tax 157,482 69,618 44% 157,482 0 97,600 90,400 93% 97,600 0 0 Streets Projects 0 348,504 0% 348,504 348,504 0 920,095 0% 920,095 920,095 (571,591)ARPA Funding 812,156 812,156 100% 812,156 0 757,102 72,513 10% 757,102 0 0LTF Article 3 16,000 0 0% 16,000 0 0 0 0% 0 0 0LTF Article 8 665,300 0 0% 665,300 0 116,257 24,599 21% 116,257 0 0Measure C 238,274 185,062 78% 238,424 150 635,000 0 0% 635,000 0 150Road Maint & Rehab SB1 123,983 59,280 48% 123,983 0 0 0 0% 0 0 0CDBG 65,000 238,802 367% 239,000 174,000 0 0 0% 0 0 174,000 AB1600 General Service 20,000 56,221 281% 60,000 40,000 0 740 0% 0 0 40,000AB1600 Law Enforcement 65,000 68,116 105% 69,000 4,000 200,000 0 0% 200,000 0 4,000AB1600 Fire 80,000 84,439 106% 85,000 5,000 68,000 0 0% 68,000 0 5,000AB1600 Streets 80,000 75,696 95% 80,000 0 0 0 0% 0 0 0AB1600 Parks 80,000 260,011 325% 260,000 180,000 68,000 0 0% 68,000 0 180,000 AB1600 Water 70,000 139,582 199% 140,000 70,000 0 0 0% 0 0 70,000AB1600 Ground Wtr Rchrg 0 26,319 0% 30,000 30,000 0 0 0% 0 0 30,000AB1600 Sewer 80,400 279,695 348% 280,400 200,000 0 0 0% 0 0 200,000AB1600 Storm Drain 20,000 127,421 637% 128,000 108,000 0 0 0% 0 0 108,000Fire Station Bldg 0 0 0% 35,000 35,000 0 0 0% 35,000 35,000 0Caltrans SR 99/Manning 0 50 0% 150 150 0 0 0% 0 0 150AB1600 99/Merced Signalization 60 0 0% 0 (60) 0 0 0% 0 0 (60) Sub-total $4,183,843 $3,678,500 6% $4,685,349 $1,115,056 $3,276,662 $1,148,958 35% $4,166,141 $889,479 225,577 $

DEBT SERVICE FUNDS
Assesmt Dist 1993-R Debt Svc 25,044 23,106 92% 25,044 0 25,044 23,106 92% $25,044 $0 0 Assesmt Dist 1993-1 Hospital Bdg Lease 18,000 16,800 93% 18,000 0 18,000 16,800 93% $18,000 $0 0 Assesmt Dist 1993-1 Merced Rehab 97,600 90,400 93% 97,600 0 97,600 90,400 93% $97,600 $0 0 Fire Station Debt Svc 50,000 33,773 68% 50,025 25 50,000 33,749 67% $50,000 $0 25 Assesmt Dist 1994-R Debt Svc 154,340 0 0% 154,340 0 154,340 133,999 87% $154,340 $0 0 Sub-total $344,984 $164,079 48% $345,009 $25 $344,984 $298,055 86% $344,984 $0 25 $

SUCCESSOR AGENCY FUND
Successor Agency 2000 RDA Loan 137,250 0 0% 137,250 0 193,835 104,080 54% 193,835 $0 0 Sub-total $137,250 0 0% 137,250 0 $193,835 $104,080 54% $193,835 $0 $0 FINANCE AUTHORITY FUNDPublic Financing Authority (PFA) 392,234 0 0% 392,234 0 392,096 1,956 0% $392,096 $0 0 Sub-total $392,234 0 0% $392,234 $0 $392,096 $1,956 0% $392,096 $0 $0

REVENUES EXPENSES

ATTACHMENT C

REQUEST FOR BUDGET AMENDMENT
Resolution 2538
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues
100-3202 GENERAL FUND COURT FINES 2,000 $
100-3402 GENERAL FUND SALES TAX 50,000 $
100-3518 BAD CHECK PROCESSING FEE 50 $
100-3528 GENERAL PLAN UPDATE FEES 1,500 $
100-3609 SENIOR LUNCH PROGRAM 1,000 $
100-3640 GRANT REVENUE 1,000 $
100-3701 GENERAL FUND DONATIONS 2,000 $
100-3706 GENERAL FUND MISC REVENUES 30,000 $
100-3707 GENERAL FUND POST REIMBURSEMENTS 1,000 $
100-3708 GENERAL FUND MISC REFUNDS 80,000 $
100-3709 GENERAL FUND-OTHER REIMBURSEMENTS 1,000 $
100-3711 GENERAL FUND-CASH OVER/SHORT 50 $
208-3650 CARES FUNDING 79,688 $
211-3650 STREET PROJECTS 348,504 $
230-3301 MEASURE C-INTEREST INCOME 150 $
250-3650 CDBG FUNDING 174,000 $
329-3301 DEBT SVC FIRE STATION INTEREST INCOME 25 $
500-3706 WATER-MISC REVENUES 3,000 $
501-3522 WATER WELL MAINTENANCE-WATER SUPPLY WELLS 113,000 $ 503-3301 TCP INTEREST INCOME 1,815 $
710-3810 AB1600 GENERAL SERVICES DEV FEES 40,000 $
720-3820 AB1600 LAW ENFORCEMENT FEES 4,000 $
730-3830 AB1600 FIRE-FIRE PROC DEVELOPMENT FEE 5,000 $
750-3850 AB1600 PARKS-DEVELOPMENT FEES 180,000 $
760-3840 AB1600 WATER-STREETS DEVELOPMENT FEES 70,000 $ 765-3895 AB1600 GROUND WATER DEVELOPMENT FEES 30,000 $
770-3870 AB1600 SEWER DEVELOPMENT FEES 200,000 $
780-3880 AB1600 STORM DRAIN DEVELOPMENT FEES 108,000 $
790-3650 FIRE STATION-PROGRAM INCOME 35,000 $
795-3301 CALTRANS SR 99/MANNING INTEREST INCOME 150 $
799-3301 99/MERCED SIGNALIZATION 60 $
1 Expenses
6020-5084 ADMINISTRATION-HEALTH INS 11,500 $
6020-5100 ADMINISTRATION-OFFICE SUPPLIES 1,500 $
6020-5121 ADMINISTRATION-SUPPLIES 2,000 $
6030-5020 FINANCE-SALARIES PARTTIME 1,000 $
6080-5170 GENERAL GOVERNMENT-UTILITIES 15,000 $
6130-5087 FIRE-W/C INSURANCE 5,000 $
6130-5121 FIRE-SPECIAL DEPT EXPENSE 2,000 $
6130-5170 FIRE-UTILITIES 15,000 $
6130-5190 FIRE-STRUCTURAL MAINTENANCE 2,000 $
6130-5310 FIRE-MEDICAL/LABS 1,000 $
6150-5020 PLANNING-PARTTIME 1,500 $
6150-5082 PLANNING-CALPERS 8,200 $
6150-5160 PLANNING COMMUNICATIONS 300 $
6150-5170 PLANNING-UTILITIES 3,000 $
6150-5182 PLANNING-EQUIP RENT/LEASES 3,000 $
6150-5230 PLANNING-COMPUTER SUPPORT 16,000 $
6150-5250 PLANNING-MEMBERSHIP/DUES 200 $
6160-5100 BUILDING-OFFICE EXPENSE 2,000 $
6160-5140 BUILDING-ADVERTISING PROMOTIONS 200 $
6160-5182 BUILDING-EQUIP RENT/LEASES 3,500 $
6160-5220 BUILDING-PROFESSIONAL SERVICES 65,000 $
6160-5230 BUILDING-COMPUTER SUPPORT SERVICES 5,000 $
6160-5250 BUILDING-MEMBERSHIP/DUES 500 $
6200-5170 STREET MAINTENANCE-UTILITIES 27,000 $
6200-5202 STREET MAINTENANCE-STREET MAINT 13,000 $
6260-5170 PARK MAINTENANCE-UTILITIES 32,000 $
6260-5200 PARK MAINTENANCE-EQUIP MAINTENANCE 2,000 $
6400-5030 RECREATION-SALARIES OVERTIME 2,000 $
6400-5182 RECREATION-EQUIP RENT/LEASES 1,000 $
2000-5220 UUT-PROFESSIONAL SERVICES 7,200 $
2080-5220 COVID-19 EXPENSES 72,816 $
2110-5708 STREET PROJECTS 920,095 $
5000-5176 WATER-PERMITS FEES 2,000 $
5000-5230 WATER-COMPUTER SUPPORT SERVICES 3,000 $
7900-5715 FIRE STATION-EQUIP 35,000 $
2 Reason(s) for Budget Amendment:

Finance Director
Signature Date
City Manager
Signature Date
City Council: Approved Resolution #__________ Denied
Journal Entry No. _______________ Date Posted ___________ By: ____________________________ To align expenses and revenues to mid‐year FY 2021/22 budget, staff request budget amendments to the following funds:

General Fund Revenues: Adjustments for projected year‐end to actual:
• Fines & Fees, $2,000: Increased court fines.
• Sales Tax, $50,000: Projected sales tax increase by HdL. • Services Fees & Others, $50: Bad check processing fee revenues. • General Plan Update fees, $1,500: Additional funding due to increased development activity. • Senior Lunch Program, $1,000: Adjust to actual unbudgeted revenues. • Grant Revenue,$1,000: Adjust to actual one‐time unbudgeted PG&E reimbursement. • Other Misc/Reimb Revenue, $114,050: Several adjustments to increase revenues for monies received for Employee Appreciation dinner, restitution, and one‐time other donations.

General Fund Expenses: Adjustments for projected year‐end actual:
• Administration, $11,500: Unbudgeted health expense, $3,500: one‐time expenses. • Finance, $1,000: Unbudgeted part‐time work in finance and Admin. • General Government, $15,000: Adjustment needed for restructuring of Utilities. • Fire, $5,000: Adjustment needed for unbudgeted worker comp,$15,000: increase cost of utilities,$3,000: increase cost to supplies/medical lab, $2,000: increase expense of $2,000 for structural maintenance for a one‐time emergency bay door repair.
• Planning several adjustments reflect increased expenses due to developing a true base budget to be offset by increased development activity, $8,200: Adjust to actual unbudgeted CalPERS expense, and $1,500: commissioners wages, $3,000:
increase cost in utilities, $3,000: increase cost of copier lease, $500: several one‐time cost in communication/dues, $16,000: increase one‐time expense for computer support. • Building also developing a true base budget several adjustments for one‐time expenses. $2,700: in office expenses, advertising, and dues. $65,000: Increase expense to professional services to be offset by increase revenue due to increase development activity. $3,500: increase in expenses for copiers leases, $5,000: one‐time cost increase for computer support.
• Street  Maintenance, $27,000: increase cost to utilities, $13,000:  truck route signage. • Park Maintenance, $32,000: increase cost in utilities, $2,000: adjustment to unbudgeted overtime, $2,000: increase in equip maintenance one time expenses.
• Recreation, $2,000: to adjust overtime to actual, $1,000: increase in expenses for copiers leases.

Special Revenue Funds: Adjustments for projected year‐end to actual:
• Utility Users Tax Fund, $7,200: unbudgeted bank fees to adjust to actual. • Cares Fund due to appropriated budget already in prior year, $79,688: to adjust revenues to zero, $72,816: to adjust expenses to zero.
• Street Projects Fund, $348,504: to adjust to actual revenues for reimbursements of expense of Adams reconstruction, $920,095: to record on going expenses for Adams reconstruction Phase 2 & 3. • Measure C Fund, $150: adjust to actual unbudgeted interest income revenue. • CDBG Fund, $174,000: to adjust to actual a one time payment CDBG loan payoff. • TCP Fund, $1,815: Adjust to actual unbudgeted interest income revenue. • AB1600 Impact Fees to adjust to actual several impact fees revenues due to increase housing development activity, $40,000: General Services, $4,000: Law Enforcement, $5, 000: Fire, $180,000: Parks, $70,000: Water, $30,000: Ground Water Recharge, $200,000: Sewer, $108,000:  Storm Drain, and $60: 99/Merced to an adjust to zero out interest income. • Fire Station/Equip, $35,000: to bring revenue and expenses to actual for the remaining equipment to the fire station to be offset by reimbursement by USDA Loan.
• CalTrans SR/99 Fnd, $150:  to adjust to actual unbudgeted interest income revenue. • Debt Svc Fire Station Fund, $25: to adjust to actual unbudgeted interest income revenue.

Enterprise Funds: Adjustments for projected year‐end to actual :
• Water Fund, $3,000: increase in revenues due to increase water usage in water construction, $2,000: increase expenses in  permits to be offset by revenues, $3,000: increase one‐time expense to computer support services. • Water Maintenance Fund, $113,000: adjust revenues to actual due to increase development activity. 3 RESOLUTION NO. 2538

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING BUDGET AMENDMENTS FOR VARIOUS FUNDS FOR FISCAL YEAR 2021/2022
WHEREAS, the FY 2021/2022 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2021/2022 Annual Budget was approved by the City Council on June 15, 2021, by Resolution 2504, and any subsequent amendments must be approved by Resolution; and
WHEREAS, a budget amendment is necessary to align the expected revenues and expected expenses.

WHEREAS, the budget amendment attached hereto as Attachment C specifies the various proposed budget amendments for various funds.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2021/2022 budget be amended as described in Attachment C hereto to provide the necessary funding to various funds.

PASSED, APPROVED AND ADOPTED this 1st day of February 2022, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
David Cardenas, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk

FOWLER CITY COUNCIL
ITEM NO: 8-Bi

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM Thomas W. Gaffery IV, Community Development Director

SUBJECT
APPROVE a contract with Dewberry Architects, Inc. in the amount of $530,376 for police department, community center, and training center design and planning services; authorize the City Manager to negotiate and execute agreement.

RECOMMENDATION
Staff recommend City Council approve a contract with Dewberry Architects, Inc. in the amount of $530,376 for police department, community center, and training center design and planning services; authorize the City Manager to negotiate and execute agreement.

BACKGROUND
The City solicited a request for qualifications for firms to provide police department, community center, and training center design and planning services. Several firms engaged and expressed interest and ultimately two proposals were received. During the review process the second proposer removed themselves from process due to other workload commitments. Staff conducted an interview and site visit with Dewberry Architect, Inc., and engaged in follow-up negotiations. Based on performance during the process and experience with similar projects, staff determined the firm to be experienced and wellqualified to perform the scope of work.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).

At this time, the City Council is not taking any action that would constitute approval of a Project.

The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).

FISCAL IMPACT
The fiscal year 2021-22 budget included a $200,000 appropriation from Measure N funds, and a $200,000 appropriation from Police Impact Fees. The remainder of the scope will be included in the fiscal year 2022-23 budget proposal.

Attachments
- Draft Contract
1 CITY OF FOWLER

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Dewberry Architects Inc. ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on February 1, 2022 ("Effective Date").

RECITALS
A. City desires to obtain police department, community center, and training center design and planning services ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until June 30, 2024 (“Completion Date”). This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement on a “time-and-materials” basis according to rate(s) set forth in Exhibit A. The total amount paid by City to Consultant for the Services shall not exceed five hundred thirty thousand, three hundred seventy-six dollars ($530,376).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt 2 of invoice.

5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.

Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.

7. [Reserved]

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

11. Ownership and Inspection of Documents. Upon payment in full of all amounts due to Consultant by the City, all data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product for the Project as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. 3 Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement. Any reuse, modification, or derivative work prepared by a third party to the Work Product shall be done at City’s sole risk and without any liability to Consultant.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. [Reserved]

14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Consultants. This Agreement and performance of the Services are nonexclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon ten (10) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance 4 with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever. e. Non-Appropriation; Lack of Available Funds. The parties acknowledge that the Services to be performed under this Agreement are expected to extend beyond the City’s budgeted fiscal year. If, during the term of this Agreement, or any renewal term, as applicable, the City budget does not appropriate sufficient funds for this Agreement, then City may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant. Upon termination of the Agreement under this section, the City shall have no further liability to pay any funds to the Consultant or to furnish any other consideration under this Agreement, and the Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, the City shall have the option to either terminate this Agreement with no liability to the City or offer an amendment to the Consultant to reflect the reduced amount. The City represents and warrants that (i) as of the Effective Date, it has appropriated the funds for this Agreement for the current fiscal year and (ii) it shall not use the foregoing right to terminate for non-appropriation as a means to terminate for convenience. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the City Council.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant. 5 22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered seventy-two (72) hours after deposit.

23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. [Reserved]

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
6 30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement.

Remedy for non-compliance or non-performance shall commence within two business days of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

34. Licensing. Consultant shall also obtain and maintain a City of Fowler Business License prior to commencing performance of the Services.

35. Prevailing Wages; Apprenticeship. When the Services constitute a public work under the Labor Code, the Services shall be performed in accordance with the provisions of Section 1770 et seq. of the Labor Code of the State of California, and all other applicable provisions concerning public works projects, which are hereby incorporated by reference and made a part hereof. Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below. 7 CONSULTANT CITY OF FOWLER
By: __________________________ By: ______________________________ [ ] Wilma Quan
[ ] City Manager
Date: __________________ Date: ______________________
Party Identification and Contact Information:

Consultant
Dewberry Architects Inc.
1760 Creekside Oaks Drive, Suite 280
Sacramento, CA 95833
916.239.7244
City
City of Fowler
128 South 5th Street
Fowler, CA 93625
559.834.3113
8 EXHIBIT A
Scope of Services
9 EXHIBIT B
Insurance Requirements
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $2,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 10 (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

Dewberry Architects, Inc.
1760 Creekside Oaks Drive, Suite 280
Sacramento, CA 95833

December 20, 2021

Thomas W. Gaffery IV
Community Development Director
City of Fowler
559.834.3113 x103
RE: City of Fowler
Police Headquarters
Fee Proposal – Rev. 2
Dear Mr. Gaffery,

Dewberry Architects Inc. is pleased to submit the following revised Scope of Services, Fee Proposal, and milestone schedule for the City of Fowler Police Headquarters. At your convenience, please review the enclosed Scope of Work, hourly rates, and labor hours for programming and concept design, schematic design and community engagement, construction documents, and construction administration.

We understand the scope of work for this project to include site and architectural design for a new police headquarters and an attached senior center. We propose a lump sum fee of $530,376 (Five Hundred Thirty Thousand, Three Hundred and Seventy Six Dollars) based on the attached table (line item scope for design services). We have included work for:
• Programming, concept design, architectural design,
• Community engagement and outreach via Project Website • Structural design to meet Essential Services Buildings Seismic Safety Act, • Mechanical and plumbing design,
• Electrical engineering,
• Site survey and civil engineering,
• Hazardous materials testing.

Feel free to contact me with any questions, and to discuss the next steps moving forward. We look forward to working together with you on this project.

Regards,
Dewberry Architects Inc.

Will Oren, AIA,
Senior Project Architect

Cc:
- File
- Larry Hlavacek, Principal
- Erica Nelles, Principal
Exhibit A -- Page 1 of 62
Mr. Thomas Gaffery IV
Architectural Services Fowler PD
December 20, 2021
DEWBERRY AGREEMENT #:

TASK ORDER #TBD

Milestone Project and Anticipated Billing Schedule
Please refer to the attached detailed schedule.

1. Kickoff meeting, Visioning Workshop
a. 2/8/2022

2. Assessment and Programming Complete
a. 3/25/2022
b. Invoice amount: $51,430

3. Space needs report & Conceptual Design Options
a. 4/22/2022
b. Invoice amount: $ 69,264

4. Design Development Phase Complete
a. 6/13/2022
b. Invoice amount: $92,586

5. Prelim Construction Documents
a. 7/18/2022
b. Invoice amount: $147,399

6. Final Construction Documents
a. 8/29/2022
b. $53,190

7. Permit and Approval Set
a. 9/26/2022
b. Invoice amount: $55,405

8. Bid & Construction Phase
a. Bidding & Addenda Period : 12 weeks
b. Construction Anticipated: 14 months
c. Invoice amount: $61,102
Exhibit A -- Page 2 of 62
City of Fowler - Police Headquarters Fee Proposal - Rev. 2

12.20.2021
Fowler Police Headquarters
Estimated Work Plan and Fee2021.11.03
Principal
Project Manager
Planner / Designer
Project Architect
ODC
Community
Engagement
Principal
Project Manager
Project Engineer
BIM Designer
McNeely
Hughes
TeVelde
2 man Survey
Prevail
Williamson
Heisdorf
Wilson
HAZMAT Testing
Principal
Mechanical
Engineer
Drafting
Construction
Administration
Principal
Engineer
Electrical
Engineer
Project
Manager
CAD
Technician
Cost Manager
Senior Estimator
Estimator
(Proprietary. Hide & Lock before sharing) Billing Rate hourly rate $280 $210 $110 $145 attached $328 $222 $185 $163 $190 $133 $113 $285 $119 $174 $130 $195 $145 $85 $105 $190 $165 $115 $95 $190 $175 $145 Phase Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Task Description
1 PHASE I - NEEDS ASSESSMENT, PROGRAM, CONCEPT DESIGN
Project Initiation
4 8 8 8
Develop project critical success factors 0 1 1 0Develop project schedule & communications matrix 2 0Collect and review owner supplied documents 2 4 8 1 2Existing facility assessment (field observation) 0 0 8 6 Hazardous Material Testing: Coordinate and perform materials testing in the existing facility to identify hazardous materials and recommend remediation 2 Exist facility assessment report (code review, physical limitations and opportunities) 4 4 4 1 4 4 24
Space Needs Survey - prepare, distribute, collect data, and review/compile data 4 8 8
Prepare initial program draft based on survey data 1 4 8 8 Meeting: Conduct meetings with department leaders to review program (virtual) 2 4 4 4 2
Draft Space Needs Program: Update program data based on meeting information 2 4 8 2
Meeting: Conduct meetings with deparment leaders to review updated program (virtual) 2 4 4 4 2
Final Space Needs Program: Update program data based on meeting information 1 4 8 8
Develop conceptual design options based on Space Needs Program information 2 8 16 16 1 1 6 4
Workshop #1: Conduct interactive workshop with department leaders to review design concept options and develop potential alternatives 8 8 8 0 4
Update concept design options based on workshop feedback 4 8 8 1 1 2 8 Workshop #2: Conduct workshop with department leaders to review updated concepts and identify the strongest solution to advance (virtual) 2 4 6 4
Update design concept based on workshop feedback 4 8 8 1 1 Distribute final concept design to departmental leaders for review and comment to finalize the concept design 2 2
Workshop #3: Community Engagement Workshop, informational and outreach. 8 8 8
Update design concept based on workshop feedback 0 4 12 16 1 1 Distribute final concept design to departmental leaders for review and comment to finalize the concept design 16 8
Cost Estimate: Develop initial budgetary cost estimate based on program space needs report 2 1 1 3 1 30 0
Deliverable: Space Needs Report and Concept Design 8 20 24 3 1 2 6 subtotal subtotal
Hours 560 32 95 161 142 - - 1 3 25 8 7 47 8 0 0 0 0 0 0 0 0 0 0 0 0 1 30 0 Fee $ 120,694.00 $ 19,950$ 17,710$ 8,960 $ 1,200$ 20,590 23,436$ $ 328 $ 666 $ 4,625 $ 1,304 1,330$ 6,251$ 904$ -$ -$ -$ -$ 8,000$ -$ -$ -$ -$ -$ -$ -$ -$ $ 190 $ 5,250 -$ 2 PHASE II - DESIGN
Design Develop Design from Schematic through Construction Documents along with cost estimates, City comment and approval, and Community Development Department document review and approvalSchematic Design Phase: includes regular client meetings, internal design team meetings 8 16 12 16 1 2 4 8
Deliverable: Site Plan, Floor Plans, Elevations, Building Sections, Typical Wall Elevations, Building Systems Narratives, and Outline Specifications
4 24 60 60 1 14 16 8 2 12 8 4 12 12 12
City Comment, Approval, and Design Team Responses 2 4 8 8 1 2 1 2 8 2 2 4 Meeting: Conduct a preliminary design review meeting of the schematic design documents with Community Development Department 4 8 8 2 6 2
Cost Estimate: Update budgetary cost estimate based on Schematic Design Phase 2 2 0 4 1 6 1 4 4 2 40
Design Development Phase (50% Documents): includes regular client meetings, internal design team meetings 8 12 12 12 1 4 30 38 6 12 4
Deliverable: Site Plan, Floor Plans, Elevations, Building Sections, Typical Wall Elevations, details, Building Systems initial layouts, and preliminary Specifications 4 12 64 64 1 1 24 32 6 24 24 8 16 40 40
City Comment, Approval, and Design Team Responses 2 4 0 8 1 3 1 4 12 8 2 4 Cost Estimate: Update budgetary cost estimate based on program space needs report 2 2 2 6 1 4 4 2 30 30
Prelim. Construction Documents Phase (75% Documents): includes regular client meetings, internal design team meetings 2 8 24 40 1 3 10 16 4
Deliverable: Preliminary Construction Documents, Building Systems detailed layouts, and draft Specifications 2 24 60 80 1 32 48 6 32 48 10 20 40 40
City Comment, Approval, and Design Team Responses 2 8 12 12 1 4 2 4 12 8 8 8 Cost Estimate: Update budgetary cost estimate based on program space needs report 2 2 8 2 4 4 2 20 28
Final Construction Documents Phase (100% Documents): includes regular client meetings, internal design team meetings 8 24 60 80 1 4 6 12 4
Deliverable: Final Construction Documents and Project Specifications 8 8 12 24 1 1 16 24 2 24 24 10 30 50 50
OCMI

COST ESTIMATING
Kick-off meeting and preparation
Crosby Group Lawrence Engineering Group Rose Sing & Eastman CIVIL
Dewberry Architects Provost & Pritchard

PROGRAM, ARCHITECTURE, DESIGN STRUCTURE MECH / PLUMB ELECTRICAL Exhibit A -- Page 3 of 62
City of Fowler - Police Headquarters Fee Proposal - Rev. 2

12.20.2021
Plan Review: Issue construction documents to Community Developmentt Department for review and approval and design team response to review comments 2 8 12 16 1 4 2 2 12 12 8 8
Cost Estimate: Final budgetary cost estimate based on FINAL CDs 2 2 1 8 8 8
subtotal subtotal
Hours 2390 62 168 336 432 2 12 120 126 0 0 0 0 8 30 38 56 208 142 0 36 78 196 186 6 90 58 Fee $ 348,580.00 $ 35,280$ 36,960$ 17,360 $ 62,640 800$ - $ 656 $ 2,664 $ 22,200 $ 20,538 -$ -$ -$ -$ 952$ 5,220$ 4,940$ 10,920$ 30,160$ 12,070$ -$ $ 6,840 $ 12,870 $ 22,540 $ 17,670 $ 1,140 $ 15,750 $ 8,410 3 PHASE III - BIDDING, PRE-CONSTRUCTION, AND CONSTRUCTION ASSISTANCE Provide Bidding, Pre-Construction, and Construction AdministrationAttend Pre-Bid Meeting 8 0 8 8 6 8 Review and respond to RFI's and develop addendum 4 8 20 1 24 1 8 16 16 24 2 16 16 8 8 Review submittals and shop drawings for conformance with the contract documents 0 12 24 40 1 16 5 14 48 2 16 16 8 0
Hours 412 0 24 32 68 0 2 48 1 0 0 0 0 0 0 0 13 30 16 78 4 32 40 16 0 8 0 Fee $ 61,102.00 $ 5,040$ 3,520$ - $ 2,000$ 1,200$ 9,860 -$ $ 444 $ 8,880 $ 163 -$ -$ -$ -$ -$ -$ -$ 2,535$ 4,350$ 1,360$ 8,190$ $ 760 $ 5,280 $ 4,600 $ 1,520 -$ $ 1,400 -$ Project Total
Total Hours 3362 94 287 529 642 3 17 193 135 7 47 8 0 8 30 38 69 238 158 78 40 110 236 202 7 128 58 Total Fee $ 530,376.00 $ 26,320 $ 60,270 $ 58,190 $ 93,090 $ 984 $ 3,774 $ 35,705 $ 22,005 $ 1,330 $ 6,251 $ 904 $ - $ 952 $ 5,220 $ 4,940 $ 13,455 $ 34,510 $ 13,430 $ 8,190 $ 7,600 $ 18,150 $ 27,140 $ 19,190 $ 1,330 $ 22,400 $ 8,410 - Total Fee $ 530,376.00 Exhibit A -- Page 4 of 62
City of Fowler - Police Headquarters Fee Proposal - Rev. 1

11.29.2021
Professional IV,
To Be Determined
Professional III,
To Be Determined
Professional III,
To Be Determined
$160.00 $148.00 $148.00 EXPENSES SUBT

4.1 0 0 0 $0.00 -$

4.2 0 0 0 $0.00 -$ 4.3 0 0 0 $0.00 -$ 4.4 30 0 20 $0.00 7,760.00 $ 4.5 0 0 0 $0.00 -$ 4.6 0 0 0 $0.00 -$ 4.7 12 12 0 $600.00 4,296.00 $

4.8 40 10 0 $3,500.00 11,380.00 $
82 22 20
Community Meetings (Hybrid)Develop and Maintain Project Website

COMMUNITY
ENGAGEMENT $ 23,436
Prepare Project Marketing Materials for Outreach
Coordinate and Facilitate Farmers Market Booth and Pop-Up EventsMetroQuest Survey: Project Introduction to CommunityStoryMap: Demonstrate Project Need and Next StepsMetroQuest Survey: Project Update and Deeper DiveStakeholder Outreach Meetings Exhibit A -- Page 5 of 62
ID Task
Mode
Task Name Duration Start Finish
1 Phase I - Assessment, Programming, Concept Design 11 wks Tue 2/8/22 Mon 4/25/22 2 Kick-off meeting and preparation 1 day Tue 2/8/22 Tue 2/8/22 3 Develop project critical success factors 1 day Tue 2/8/22 Tue 2/8/224 Develop project schedule & communications matrix 1 day Tue 2/8/22 Tue 2/8/225 Collect and review owner supplied documents 5 days Wed 2/9/22 Tue 2/15/226 Existing facility assessment (field observation) 1 day Wed 2/9/22 Wed 2/9/227 Hazardous Material Testing: Coordinate and perform materials testing in the existing facility to identify hazardous materials and recommend remediation 10 days Wed 2/9/22 Tue 2/22/22
8 Exist facility assessment report (code review, physical limitations and opportunities) 5 days Wed 2/16/22Tue 2/22/229 Space Needs Survey - prepare, distribute, collect data, and review/compile data 7 days Wed 2/16/22Thu 2/24/22 10 Prepare initial program draft based on survey data 5 days Fri 2/25/22 Thu 3/3/2211 Meeting: Conduct meetings with department leaders to review program (virtual) 1 day Fri 3/4/22 Fri 3/4/2212 Draft Space Needs Program: Update program data based on meeting information 2 days Mon 3/7/22 Tue 3/8/2213 Meeting: Conduct meetings with deparment leaders to review updated program (virtual) 1 day Wed 3/9/22 Wed 3/9/2214 Final Space Needs Program: Update program data based on meeting information 2 days Thu 3/10/22 Fri 3/11/2215 Develop conceptual design options based on Space Needs Program information 10 days Mon 3/14/22Fri 3/25/2216 Workshop #1: Conduct interactive workshop with department leaders to review design concept options and develop potential alternatives
1 day Mon
3/28/22
Mon 3/28/22
17 Update concept design options based on workshop feedback 2 days Tue 3/22/22 Wed 3/23/22 18 Workshop #2: Conduct workshop with department leaders to review updated concepts and identify the strongest solution to advance (virtual) 1 day Tue 3/29/22 Tue 3/29/22
19 Update design concept based on workshop feedback 2 days Wed 3/30/22Thu 3/31/2220 Distribute final concept design to departmental leaders for review and comment to finalize the concept design
1 day Fri 4/1/22 Fri 4/1/22
21 Workshop #3: Community Engagement Workshop, informational and outreach. 1 day Mon 4/4/22 Mon 4/4/2222 Update design concept based on workshop feedback 1 day Tue 4/5/22 Tue 4/5/2223 Distribute final concept design to departmental leaders for review and comment to finalize the concept design
1 day Wed 4/6/22 Wed 4/6/22
24 Cost Estimate: Develop initial budgetary cost estimate based on program space needs report10 days Wed 4/6/22 Tue 4/19/2225 Deliverable: Space Needs Report and Concept Design Options 3 days Wed 4/20/22Fri 4/22/2226 Phase II - Schematic Design Phase: includes regular client meetings, internal design team meetings
24 wks Mon
4/25/22
Fri 10/7/22
27 Deliverable: Site Plan, Floor Plans, Elevations, Building Sections, Typical Wall Elevations, Building Systems Narratives, and Outline Specifications 10 days Mon
4/25/22
Fri 5/6/22
28 City Comment, Approval, and Design Team Responses 5 days Mon 5/9/22 Fri 5/13/2229 Meeting: Conduct a preliminary design review meeting of the schematic design documents with Community Development Department
1 day Mon
5/16/22
Mon 5/16/22
30 Cost Estimate: Update budgetary cost estimate based on Schematic Design Phase 5 days Tue 5/17/22 Mon 5/23/22 31 Design Development Phase (50% Documents): includes regular client meetings, internal design team meetings
20 days Tue 5/17/22 Mon
6/13/22
32 Cost Estimate: Update budgetary cost estimate based on program space needs report 5 days Tue 6/14/22 Mon 6/20/22 33 City Comment, Approval, and Design Team Responses 5 days Tue 6/21/22 Mon 6/27/2234 Prelim. Construction Documents Phase (75% Documents): includes regular client meetings, internal design team meetings
20 days Tue 6/21/22 Mon
7/18/22
36 City Comment, Approval, and Design Team Responses 5 days Tue 7/19/22 Mon 7/25/22 37 Cost Estimate: Update budgetary cost estimate based on program space needs report 5 days Tue 7/26/22 Mon 8/1/22 38 Final Construction Documents Phase (100% Documents): includes regular client meetings, internal design team meetings
20 days Tue 8/2/22 Mon
8/29/22
39 Plan Review: Issue construction documents to Community Development Department for review and approval and design team response to review comments 20 days Tue 8/30/22 Mon
9/26/22
40 Cost Estimate: Final budgetary cost estimate based on FINAL CDs 10 days Tue 9/27/22 Mon 10/10/22 41 Phase III - Bidding, PreCon, Construction Administration 388 days Tue 10/11/22Thu 4/4/24 42 Attend Pre-Bid Meeting 1 day Tue 10/11/22Tue 10/11/22 43 Review and respond to RFI's and develop addendum 20 days Wed 10/12/22Tue 11/8/22 44 Review submittals and shop drawings for conformance with the contract documents 365 days Wed 11/9/22Tue 4/2/2445 Punchlist, Punchwalk 2 days Wed 4/3/24 Thu 4/4/24 121926 2 9 162330 6 132027 6 132027 3 101724 1 8 152229 5 121926 3 10172431 7 142128 4 111825 2 9 162330 6 132027 4 111825 1 8 152229 5 121926 5 121926 2 9 162330 7 142128 4 111825 2 9 162330 6 132027 3 101724 1 8 152229 5 121926 3 10172431 7 142128 4 111825 3 10172431 7 14 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Apr '24 TaskSplitMilestone
SummaryProject SummaryInactive Task
Inactive MilestoneInactive SummaryManual Task
Duration-onlyManual Summary RollupManual Summary
Start-onlyFinish-onlyExternal Tasks
External MilestoneDeadlineCritical
Critical SplitProgressManual Progress
Mon 12/20/21 City of Fowler - Police HQ

Project: Milestone ScheduleDate: Mon 12/20/21
Exhibit A -- Page 6 of 62

RFQ - CONSULTING SERVICES

CITY OF FOWLER
Police Headquarters
SEPTEMBER 24, 2021
Exhibit A -- Page 7 of 62
1 September 24, 2021
City of Fowler
128 S. Fifth Street
Fowler, California 93625
Re: Statement of Qualification for City of Fowler Police Headquarters Dear Mr. Gaffery and the Selection Committee,
We commend the City of Fowler for taking this critical step to evaluate police department current and future capacity needs and develop a facilities improvement plan. Effective planning leads to the creation of safe, comfortable, accessible, flexible, technology rich, diverse and equitable facilities. Dewberry recognizes the value of effective and comprehensive planning (involvement of the community) and has assembled and experienced team of professionals prepared to meet the goals of City of Fowler.

Dewberry has a continuing commitment to excellence, community partnership and quality of life for all of clients.

We understand the vital importance of quality planning and the need for specialized experience and deep expertise, to create the roadmap for the future Police Department. This is your project, and if selected, we will listen to better understand your needs and the needs of the “underrepresented community” and translate that information into the design of the future Police Department.

Public Safety facilities offer the unique opportunity to promote a sense of civic pride thru a style of “community architecture” along with a sense of safety while satisfying operational needs with highly functional designs tailored to the specific programmatic needs of each department. Reliable technology, optimum functioning floor plans, and smooth systems integration are critical to meeting the needs of Police Officers and maximizing life cycle operations by providing flexibility and shared space opportunities. Our team of public safety planners, programmers, and designers bring our depth of experience and expertise to your project to evaluate your existing facilities, determine the suitability of proposed sites, and develop design concepts that meet your operational needs, budget, and community goals.

With over 200 public safety projects and over 100 police clients in California and around the country, Dewberry is a recognized leader in law enforcement planning and design. Our award-winning designs are recognized by architects, municipalities, and the law enforcement community as highly functional design solutions that enhance communities, such as community and training rooms along with sapces to support such gathering.

I will serve as the Principal-in-Charge and serve as the Public Safety Matter Expert and has also recently authored a publication addressing the impact the pandemic has on operational design and protecting the health and wellness of police officers. Will Oren will serve as the Project Manager, who brings a wealth of knowledge from a technical point of view related to renovations of existing facilities.

Dewberry is excited for the opportunity to present our qualifications on your project. We stand ready to serve the City of Fowler, the Police Department, and the community of Fowler in every way. Our team’s passion is rooted in public safety planning and design; our qualified professionals offer their extensive experience, commitment, and design capability for all types and sizes of law enforcement facilities; and we want to be a proud member of your team and community to enable Fowler to remain a safe place to live, work, and visit for years to come! Sincerely,
Larry Hlavacek, AIA, NCARB
Principal; National Director of Public Safety Architecture Month 00, 2021
Company Name
Attn: Contact’s Name, Job Title
Office Building
123 Anywhere Drive
City Name, State 12345-0000
RE: RFP 00-000-0000/Project Name
Dear Mr. Doe,
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Exhibit A -- Page 8 of 62
2 CITY OF FOWLER POLICE HEADQUARTERS
INTRODUCTORY LETTER TAB 1
FIRM INTRODUCTION 1
PROJECT & TEAM EXPERIENCE TAB 2
SIMILAR PROJECTS 3
ORGANIZATION CHART 20
CONSULTANTS 21
RESUMES 24
REFERENCES TAB 3
REFERENCES 37
CONTRACT TERMINATIONS TAB 4
TERMINATION STATEMENT 39
PROJECT UNDERSTANDING TAB 5
PROJECT UNDERSTANDING 41
PROJECT APPROACH 44
PANDEMIC PLANNING CONSIDERATIONS 49
SUSTAINABILITY 50

CONTENTS
Exhibit A -- Page 9 of 62
SECTION 1: Introductory Letter
Introductory Letter
Exhibit A -- Page 10 of 62
1 FIRM INTRODUCTION
Dewberry is a leading professional services firm with a proven history of providing architecture, engineering and consulting services to a wide variety of public- and private-sector clients.

Recognized for combining unsurpassed commitment to
client service with deep subject matter expertise, Dewberry is dedicated to solving clients’ most complex challenges and transforming their communities.

Established in 1956, Dewberry is still a family-owned
professional services firm, with more than 50 locations and 2,000 professionals nationwide.

Sacramento Office Dedicated to Public Clients
Dewberry’s seven California locations primarily serve city, state and county clients on a variety of project types. In addition to Sacramento, locations include Rancho Cordova, Pasadena, Manteca, Modesto, Fresno, and Long Beach.

National Public Safety Practice
Dewberry is passionate about public safety and municipal design. Our justice thought leaders regularly speak at the national and regional International Association of Chiefs of Police (IACP), local Fire Chiefs Associations, and Academy of Architecture for Justice conferences each year. In 2019, 2020, and 2021Dewberry - in collaboration with the IACP - led several three-day Police Facility Design & Planning Seminars. We are qualified professionals that offer experience, commitment and design capability for all types and sizes of combination public safety facilities.

For Dewberry, design begins and ends with the client relationship. We believe that getting to know our clients allows us to design facilities that respond to departmental needs and reinforce a sense of civic integrity in their communities.

We provide our clients with intelligent, responsive and innovative design solutions that are durable, highly functional for 24/7 activities, and cost-effective for long-term investment. Our approach to public safety and municipal design is driven by programmatic and space needs and dedicated to designing for function, adjacency relationships and each department’s mission.

We follow through on our corporate mission by providing innovation and design excellence on every project we undertake. Our designs have been recognized with over 250 juried awards on national, regional and local levels, and we continue to remain on the leading edge of architectural and interior design in all of our market sectors. • FIRM
Dewberry Architects Inc.
1760 Creekside Oaks Drive, #280
Sacramento, CA 95833
• PRIMARY CONTACT
William Oren, AIA, NCARB
Project Manager
916.239.7253
[email protected]
• PROVIDING SIMILAR SERVICES
65 Years
• PRESENT NAME
10 Years
• FORMER NAMES
Formerly PSA-Dewberry Inc.

Formerly Phillips Swager Associates Inc.

Dewberry Design Group Incorporated
• OTHER SERVICES
Needs assessments
Programming
Architecture
Engineering
Space planning
Interior design/FF&E
Security/Technology design
• LEGAL STRUCTURE
S Corporation
Dewberry Architects Inc. is 100% owned by
parent company, The Dewberry Companies
Inc.

Owners of the parent company are:
- Barry K. Dewberry
- Karen S. Grand Pre
- Thomas L. Dewberry
- MSD Credit Shelter Trust
Exhibit A -- Page 11 of 62
2 CITY OF FOWLER POLICE HEADQUARTERS

THOUGHT LEADERSHIP

NATIONAL LEADERS IN PUBLIC SAFETY PLANNING AND DESIGN
As Public Safety Thought Leaders, Dewberry’s experts know how important it is to share ideas, lessons learned, and to partner with other thought leaders to make a positive impact on public safety design and operations. Our goal is to review evidence-based research and innovation, integrating it into every decision made during design, construction, and gathering data during post-occupancy evaluations.

In the ever-changing field of public safety architecture, we choose to actively grow by leading and immersing ourselves in “think tank” workgroups creating national best practice guidelines, supporting Dewberry staff and clients in attending and presenting at national conferences.

Our public safety subject matter experts lead the discussion of public safety design practices. In 2019, 2020, and 2021 Dewberry hosted the Design/Construct Police Facility Seminars for the International Association of Chiefs of Police (IACP). We regularly speak at IACP and other industry conferences - alongside our past and current clients - to share best practices and lessons learned from past projects.

Being selected at the national level to participate in writing best practice standards, guidelines, or speaking and presenting at conferences is not easy – but we relish in going the extra mile.

Competitive submission and selection processes are required in order to have a chance at presenting or being involved in writing best practices.

PROVIDING THE BEST

ENVIRONMENTS ONLY

HAPPENS WHEN WE PUT

PEOPLE FIRST, WHEN WE
PUT CLIENTS’ VISIONS

FIRST, WHEN WE ALL COME

TOGETHER AS A TEAM TO
MAKE IT HAPPEN.
2019 IACP Police Facility Planning
Workshop hosted by Dewberry
Offering a complete range of services to our clients from feasibility studies to construction administration and from programming to value engineering, we have developed a
reputation for reliability and full-service design solutions.

Specialized Experience
Dewberry’s experience in integrating the components of
public safety agency into a facility or complex has been successfully delivered for cities and agencies across the nation. Our team’s high level of interest in your project and professional qualifications make us the best team for your project based on the following:

EXPERIENCE WORKING WITH MUNICIPALITIES
We are experienced at working with council members,
city managers, public works departments and other staff members, as well as various public safety departments.

We understand the enormous responsibility of adhering
to budgets approved by taxpayers and addressing the
concerns of officials.

PLANNING STUDIES
Our planning experience includes, but is not limited to, the preparation of needs assessments and feasibility
studies, the development of space guidelines,
programming and design of public facilities, site
evaluation and planning, conceptual design, and project management services.

Our involvement in public safety and municipal projects - ranging from the 4,500 SF Municipal Complex Concept
Study for the City of South Pasadena, to the 400,000
SF Cleveland, OH Police Headquarters - will benefit
the City of Fowler through the strength of our national experience.

IN-HOUSE SECURITY AND TECHNOLOGY DESIGNERS
Dewberry’s security / technology / communications
specialists will be integral in addressing solutions
necessary for day-to-day 24/7 activities for this project type. These individuals have worked on each of the
public safety and municipal projects Dewberry has been
retained for and their experience has led to cost effective, highly efficient designs that are planned for from day one.

Exhibit A -- Page 12 of 62
SECTION 2: Project & Team Experience
Project & Team Experience
Exhibit A -- Page 13 of 62
3 Gilroy Annex Building Renovation

GILROY, CALIFORNIA
Dewberry is currently working with the City of Gilroy to convert their vacant police department building into a “one-stop shop” permit center offering a multitude of products and services to its customers, all under one roof.

The project includes remodel of the 7,400 SF west wing of the building. The renovated portion will consist of a public lobby/permit counter and hallway, waiting area, working offices and/or cubicles to accommodate up to 50 personnel, two conference rooms, storage rooms, staff lounge/kitchenette, separate public and staff restrooms.

Programming, conceptual design, working drawings, ADA modifications, seismic and hazmat evaluations were also part of the scope of services. Infrastructure replacement and/or upgrades involved mechanical, electrical, plumbing, fire suppression and protection systems.

The project was anticipated to be completed over a 12-15 month duration (from start to finish) with a projected move-in date of Fall/Winter 2020, but has been delayed by COVID-19.
• COST $2.64M (est.)
• COMPLETION
Anticipated completion
2020 (Delays due to
COVID-19)
• FIRM ROLE
Prime firm providing
planning, architecture,
interiors
• CONTACT
Julie H. Oates, PE, TE,
Engineer I - Capitol
Improvement Projects
408.846.0416
julie.oates@cityofgilroy.
org

PROJECT & TEAM EXPERIENCE
Exhibit A -- Page 14 of 62
4 CITY OF FOWLER POLICE HEADQUARTERS
Benicia Police Department
Building Needs Assessment

BENICIA, CALIFORNIA
The City of Benicia, located in Solano County, is home to approximately 28,000 people. The Department is housed in a former school building and school bus garage that was built in 1943. Over the years, the Department has expanded and outgrown the existing building. The Benicia Police Department employs 52 employees with numerous volunteers using the building. The facility include two holding cells, a Dispatch/Communication Center and an unsecured parking space for all fleet. The community also periodically uses a room for meetings.

Dewberry performed a needs assessment on the current Police Department building and facility to help decide the best decision moving forward. Specifically, improvement to the existing building, addition to the existing building, construction of an entirely new facility, or other options that may best suit the City for its current and future needs.

Since the completion of the initial study, Dewberry has assisted the city with the development of different layout options, and is also beginning a planning study for their City Hall building.
• CLIENT
Benicia Police
Department
• COMPLETION
2019
• FIRM ROLE
Prime firm providing
planning and
architecture

MUNICIPAL
CLIENT
Exhibit A -- Page 15 of 62
5 Adjacency Department Block Exercise
Benicia Police Department Study - continued
Exhibit A -- Page 16 of 62
6 CITY OF FOWLER POLICE HEADQUARTERS
The Garden Grove Police Department is currently housed in five separate buildings at three different locations. These buildings include the police headquarters, the juvenile justice center annex, the property/evidence building, a special services annex and Command post garage, and a property/evidence storage annex.

Dewberry was retained to develop a space needs assessment of the department’s facilities. Specific services include:
• Evaluate the existing spaces of the five facilities, identifying both physical and operational issues of space quality, layout and detail. • Study current and future staffing projections and organizational structural • Prepare recommendations of space requirements leading to a right-sizing of the City’s current and future space needs.
• Seismic evaluation of existing structures to identify potential deficiencies. • Assess parking capacity for public and staff needs.
• Assess the locations of facilities in relation to emergency response times. • CLIENT
City of Garden Grove, CA
• COST Ranges from $41m
to $58m depending on
option selected
• SIZE Ranges from
96,310 SF to 121,509 SF
depending on option
selected
• COMPLETION Study
completed 2020
• FIRM ROLE
Prime firm providing
planning study
Garden Grove Police Department
Infrastructure Space Needs Assessment

GARDEN GROVE, CALIFORNIA
Exhibit A -- Page 17 of 62
7 Overall First Floor Concept Plan
Design Workshop with Multiple City Departments Renovation + Addition of Existing Facility Conceptual Plan Exhibit A -- Page 18 of 62
8 CITY OF FOWLER POLICE HEADQUARTERS
To enhance public safety services for the community, the BPD has a goal of adding 100 new sworn officers by the end of 2022, along with adding significant non-sworn staff, vehicles and equipment. To assist the Department in planning for this growth, Dewberry is providing a space needs assessment and site feasibility study to determine how to best utilize space over the next 10 - 20 years. Tasks include:
• Provide an assessment and evaluation of the existing conditions to detail the adequacy of existing facilities and identify areas that conflict with best practices. • Develop an analysis of current and future space needs of the BPD over the short and long term. The Department currently operates out of seven locations spread out over the City.
• Perform a detailed staffing analysis documenting current staffing levels, identifying deficiencies and operational inefficiencies, and projecting staffing needs for 5, 10, 15, and 20 year projections based on population data, operational needs, and call for service demographic data.
• Develop short term facility improvement program and long-term facility master plans including renovations, additions, and new construction along with budgetary cost estimates for fiscal planning purposes.

Bakersfield Police Department Space
Needs Assessment Study

BAKERSFIELD, CALIFORNIA
• CLIENT
Bakersfield, CA
• COMPLETION Ongoing
• FIRM ROLE
Prime firm providing
planning study
Exhibit A -- Page 19 of 62
9 23,545 sf
4 FLOORS
12,000 SF /
FLOOR
P H A S E 1
23,545 sf
4 FLOORS
12,000 SF /
FLOOR

PARKING

STRUCTURE
30,000 SF / FLOOR
P H A SE 2
4 FLOORS
12,000 SF /
FLOOR
4 FLOORS
24,361 sf

PARKING

STRUCTURE
30,000 SF / FLOOR
P H A SE 3

PROJECT PHASING DIAGRAM

NOT TO SCALE
CURRENT (DRAWN) AREA: ~62,000 SF
PROJECT SPACE NEEDS: 129,700 SF
AREA GROWTH OVER 20 YEARS: 67,700 SF
3D SITE VIEW

NOT TO SCALE
4 FLOORS 13,656 sf
12,000 SF /
FLOOR

PUBLIC PLAZA
4 FLOORS 26 914 sf

PARKING
STRUCTURE 30,036 sf
30,000 SF / FLOOR
P H A SE 4
24,361 sf

SECURE OUTDOOR
SPACE

TURNAROUND &

PUBLIC PARKING

NEW HEADQUARTERS

BUILDING

SECURE PARKING
ENTRY\EXIT POINTS

BUIDLINGS TO
REMAIN

NEW DEPARTMENT

PARKING

STRUCTURE
Exhibit A -- Page 20 of 62
10 CITY OF FOWLER POLICE HEADQUARTERS
As part of a design-build team with Hensel Phelps, we served as the architect of record and provided interior design, planning/ programming, and security design for the twophase expansion of Stanislaus County’s Jail and Public Safety Center—the largest capital project ever launched by the county government and the fi rst project in the state to be completed under the 2011 Assembly Bill 900 public safety realignment initiative.

The jail consists of two maximum security housing units with 480 beds, a medical and mental health housing unit with 57 beds, a health services unit, security control center, and necessary circulation and common space. A new intake, release, and transportation center was included in the design, which also houses the facility administration, visitor lobby, staff support, and inmate property storage. This facility is intended to increase the county jail’s housing capacity, easing the overcrowding issue, as well as provide the ability to launch new programs aimed at reducing recidivism rates. • CLIENT
Stanislais, CA
• COMPLETION 2016
• FIRM ROLE
Prime firm providing
planning, architecture,
interiors
Stanislaus County Public Safety Center Expansion

MODESTO, CALIFORNIA
Exhibit A -- Page 21 of 62
11 Stanislaus County Public Safety Center - continued
Exhibit A -- Page 22 of 62
12 CITY OF FOWLER POLICE HEADQUARTERS
East Dundee Police Station
Building Needs Assessment + Adaptive Reuse Design

EAST DUNDEE, ILLINOIS
Since 2008, Dewberry has worked with the Village of East Dundee to assist in the analysis of multiple sites and facilities for their future police and village hall.

After Dewberry performed detailed examinations of three sites with the Village’s priorities driving the study, two were discarded due to negative impact to the neighborhood, limited expansion options, brownfield site conditions, demolition costs, and higher new construction costs. The final site was chosen due to its adjacency to the Village Hall, its downtown location, and its lower renovation costs. The chosen site was the Village’s recently abandoned fire station.

Dewberry creatively transformed and completely reorganized the 1950s fire station into an efficient and functional police facility, quadrupling the police department’s current size in the process. McIntosh Creek runs between the planned improvements and provides the opportunity for a future civic plaza. The municipal complex is approximately two acres and is located two blocks from the Village’s historic downtown which continues to undergo redevelopment.

The East Dundee Police Station achieved LEED Gold certification and is part of a unique Sustainable Energy Development District. The project team leveraged the design to contribute to the District’s renewable energy and energy conservation goals, establishing a precedent for high performance green buildings within the Village boundaries. With this project, the Village set an example of sustainable development for economic vitality, community well-being, and natural resource stewardship. • CLIENT
East Dundee Police
Department
• COMPLETION
2016
• FIRM ROLE
Prime firm providing
planning and
architecture
• AWARDS
LEED Gold
Exhibit A -- Page 23 of 62
13 up
up
up

1. PUBLIC ENTRY

2. CHIEF’S OFFICE

3. CONFERENCE ROOM

4. INTERVIEW ROOM

5.PUBLIC WAITING LOBBY

6. VENDING

7. SERGEANT WORKSTATIONS

8. WORK ROOM

9. RECORDS

10. LEUTENANT‘S OFFICE

11. MONITOR/IT ROOM

12. RESTROOM

13. STAFF ENTRY

14. REPORT/WRITING

15. INVESTIGATOR’S OFFICE

16. JANITOR’S CLOSET

17. GUN CLEANING

18. ARMORY

19. EVIDENCE PROCESSING

20. BAG & TAG

21. JUVENILE/ADA CELL

22. BOND OUT

23. EVIDENCE STORAGE ROOM

24. CELL

25. BOOKING/HOLDING

26. VEHICLE SALLY PORT

27. FIRE RISER ROOM

28. FOUND PROPERTY STORAGE

29. GENERATOR
1 2
3 4
5 9
6 7
8 10
11 12
12 12
14 15
4 4
16 12
12 21
4 18 19
24 24
25 24
23 26
27 28
17 20
29 FIRST FLOOR PLAN
0’ 10.7’

THIRD STREET
22 13
LEGEND:
up
up

OPEN TO
BELOW

OPEN TO
BELOW

OPEN TO
BELOW
up

OPEN TO
BELOW

1. TRAINING/COMMUNITY ROOM

2. STORAGE

3. PUBLIC LOBBY

4. ROLL CALL AREA

5. WOMEN’S LOCKER ROOM

6. FITNESS ROOM

7. BREAK AREA

8. STAFF RESTROOM

9. MEN’S LOCKER ROOM

10. COURT PREP ROOM

11. MECHANICAL
1 3
4 5
2 6
8 7
8 9
10 11
11 LEGEND:

SECOND FLOOR PLAN
0’ 10.7’
2 Exhibit A -- Page 24 of 62
14 CITY OF FOWLER POLICE HEADQUARTERS
Glen Ellyn Police Department
Study and Implementation

GLEN ELLYN, ILLINOIS
Since 2011 Dewberry has worked closely with the Village government to provide the following services which continue to this day:
• Space needs study for both Police and Village Hall program spaces • ADA compliance survey of existing 1930’s structure
• Existing facilities survey
• New police station design through construction administration • Village Hall Department renovations and expansions into former police occupied spaces
Space Needs Study
Dewberry assisted the Village of Glen Ellyn with the development of a comprehensive space needs assessment for the village Administration, Finance, Planning and Development Departments, as well as the Glen Ellyn Police Department. Dewberry worked closely with the Police and Village to create a space needs analysis that included:
• Critical success factors for each department outlining the most important objectives, goals, and vision for each organization to be used as a project benchmark. • CLIENT
Village of Glen Ellyn
• COMPLETION
2014 - studies
2017 - construction
• COST $13.5M
• FIRM ROLE
Prime architect providing
planning, architecture,
interiors, MEP,
technology, structural,
civil
Silver Award, Law Enforcement Today Design Award, 2020
Citation, AIA Academy of Architecture for Justice, 2019 Best of Governmental Architectural Awards, Masonry Advisory Council, 2018 Exhibit A -- Page 25 of 62
15 • Extensive online staff surveys and result analysis using Survey Monkey.
• Follow-up staff interviews with department leaders and users to establish existing space conditions, current space needs, and future needs projecting out align with their 2030 goals. •Identification of key adjacencies and functional organization efficiencies between spaces.
• Preliminary budgetary cost estimates based on historical square foot cost data for the type of spaces identified. • Presentation to village board members containing existing space conditions, current space needs, future space needs, estimated project budget and comparisons with similar
departments within the geographical region to gain support and build momentum for future project phases.

Design Implementation
In 2015, Dewberry was selected as part of a design-build team to design the new facility. The site conditions presented many challenges which had to be overcome.
• Over half the site is in the 100-year flood plain with bad soils which caused the functions to be laid out in two separate structures on the higher west and north site areas.
• Firearms training needed to be located on-grade in a support building instead of the basement due to the soil conditions. • The public parking and plaza areas were also intended to act as a gateway to an adjacent park.

The first floor program spaces include a community room, records, patrol, booking & holding, evidence processing, locker rooms, break area, and a fitness room. Second floor program spaces included administrative and investigations and building support spaces. Future expansion of evidence storage, patrol, and investigations has been masterplanned along the east side of the building.

The building’s massing and exterior material palette were inspired by the natural setting of the park and will include stone, glass, and fiber cement panels that look like wood. The public amenities and entrance have all been grouped along the south end of the building with an inviting, transparent 2-story lobby.

Glen Ellyn Police Department Study - continued
Exhibit A -- Page 26 of 62
16 CITY OF FOWLER POLICE HEADQUARTERS
• CLIENT City of Countryside, IL
• COMPLETION 2019
• COST $19.7M
• FIRM ROLE
Prime firm providing
architecture, interiors, MEP
and structural engineering,
security, technology
Countryside City Hall and Police Headquarters

CITY OF COUNTRYSIDE, IL
The City of Countryside’s existing municipal building was undersized and could no longer support their growing staff programs effectively. The City purchased a 3.41- acre vacant corner lot property to build a new City Hall and a Police Station. With this building, the City of Countryside hopes to stimulate economic growth in the area and be a leading example of sustainability in civic architecture by pursuing LEED Silver certification.

The site celebrate’s its prominent location along Historic Route 66 with an exterior plaza and dedicated monument for public viewing. The project aims to provide the residents of Countryside with a storm shelter and variety of meeting rooms for community groups and events. For future planning, a stand-alone building has also been located on the west end of the property.

One of the project’s goals was to increase staff efficiency while maintaining a secure perimeter between public and private functions. The L-shaped building is divided into Police Department functions on the north and City Hall functions on the south with a shared public amenities core near the center. The centrally located two-story lobby welcomes the public and serves as an access point to both Police and City Hall functions. The first floor police wing consists of a records office, patrol suite, police staff break area, evidence processing, booking and holding, and locker rooms. The first floor city hall wing consists of an open community development department suite, executive conference room, and a 1 ½ story council chambers with dais seating for 12 members. The Grand Hall corridor along the east provides the public access to the Council Chambers through an array of glass and seating bump-outs. The corridor feature’s an interspersed gallery exhibiting Historic Route 66 and the history of Countryside.

The second floor consist’s of Police Administration and Investigations on the north while an administration suite and break room with green roof access are provided for City Hall on the south. Public Entry
Exhibit A -- Page 27 of 62
17 Countryside City Hall and Police Headquarters - continued City Council Chamber can also be used as a Community
Meeting Room
Rooftop photovoltaic panels on the parking canopies
helped this project achieve LEED Gold Certification.

Exhibit A -- Page 28 of 62
18 CITY OF FOWLER POLICE HEADQUARTERS
South Pasadena Municipal Building
Study South Pasadena, CA
Prime firm providing space needs study
and conceptual design
Calaveras County Sheriff’s
Administration and Jail San Andreas, CA
Prime firm for a planning study and
design for a new county facility.
1 Scale: 1" = 30'-0"
Hillsborough Public Safety Operations
Complex Tampa, FL
New facility including dispatch command,
incident command center, fire-rescue
training, 311 call center.

Aliso Viejo Sheriff’s Station Remodel
Aliso Viejo, CA
Prime firm providing remodel and ADA
upgrades for this facility for Orange
County Sheriff’s Department.

City of Denver Substations 1, 2 and 3 
Denver, CO
Prototype and design implementation of
three police substations.

Vienna Police Station
Vienna, VA
Prime firm providing a planning study
and design implementation for a 29,500
SF new facility.

Lubbock Police East Substation 
Lubbock, TX
Associate firm providing public safety
design for a public safety improvement
project, including three police substations

ADDITIONAL EXPERIENCE
Venice Public Safety Building 
Venice. FL
A new 31,000 SF public safety building,
including evidence processing, incident
command center, training, community
rooms.

Tolleson Police and Municipal Court
Tolleson, AZ
Schematic and design development
phases for a new 22,400 SF police and
municipal court facility, which achieved
LEED Silver certification
Exhibit A -- Page 29 of 62
19 Glendale Public Safety Building
Glendale, AZ
A new combination Police and Fire Facility
located on seven acres of an 88-acre
master planned multi-purpose site.

Romeoville Village Hall and Police
Headquarters Romeoville, IL
Space needs assessment and design
implementation for a new 118,000 SF
municipal facility.

City of Killeen Police Headquarters 
Killeen, TX
Facilities needs assessment and design
implementation for a new facility.

Includes a police emergency operations
center.

DeKalb Police Headquarters
DeKalb, IL
Needs assessment study and design
for a new 35,600 SF police station
which includes a dispatch call center,
detention, and training center.

Space Needs Study and Master Plan
Victoria, TX
Study for 15 of the City’s public safety
departments, currently spread out in five
different locations.

Jack Evans Police Headquarters
Dallas, TX
Prime firm providing planning and design
of a new police headquarters for the City
of Dallas.

Facility Needs Assessment Study
Weatherford, TX
Existing facilities assessment, evaluation
and development of options including
renovation of existing, or building new.

Town of Gilbert Public Safety Building 
Gilbert, AZ
Planning study and design
implementation for a police, fire and
courts complex.

City of Alexandria Police Headquarters 
Alexandria, VA
Planning and design for a new police
headquarters, which includes a 911 call
center and 550-space parking structure.

Exhibit A -- Page 30 of 62
20 CITY OF FOWLER POLICE HEADQUARTERS
A Team Focused on Your Project
A substantial amount of our design team’s work serves municipalities.

This brings to the City a team well versed in the issues and solutions that go hand-in-hand with a project of this nature, a team attuned to national and regional trends, and a group of professionals - many of whom have previously worked together for municipal government clients.

TEAM ORGANIZATION

CITY OF FOWLER

CORE TEAM

PROJECT MANAGER
William Oren AIA, NCARB

PRINCIPAL-IN-CHARGE/

PUBLIC SAFETY SUBJECT MATTER EXPERT
Larry Hlavacek AIA

MECHANICAL/PLUMBING
Ryan Carlson PE

ELECTRICAL
Steve Eastman PE

STRUCTURAL
Patrick Crosby SE, PE, LEED AP, DBIA

CIVIL/LANDSCAPE
Rod McNeely PE
SECURITY + TECHNOLOGY
Chris Allred ESS

COST ESTIMATING
Abhi Choukse VMA, CEP

SUPPORT AND IMPLEMENTATION TEAM
A
B
C
D
E
Dewberry
OCMI
Lawrence Engineering Group
Crosby Group
Provost & Prichard
Rose Sing and Eastman

FIRM LEGEND
A
A
A
B
C E

DESIGNER
Mario Barrientos
A
F
D
F

SUSTAINABILITY
Jenni Betancourt AIA, WELL AP, LEED AP BD+C, GGP

A QA/QC
Tamara Clarke AIA LEED AP BD+C, WELL AP
A

COMMUNITY ENGAGEMENT
Annette Manz
A
Exhibit A -- Page 31 of 62
21 PROPOSED SUBCONSULTANTS
Dewberry has brought together an integrated team of planning, design, and engineering professionals that can provide the wide variety of services that may be required for this contract. Dewberry places great importance on creating the right team to address each project’s unique requirements.

We understand that the performance of our subconsultants is Dewberry’s responsibility. The quality of our relationships with them, and fully integrating them into interdisciplinary coordination, will impact the quality of the entire project.

COST ESTIMATING
O’Connor Construction Management, Inc. is a valued leader of quality management solutions for the built environment that takes ownership of clients’ needs and problems and values their resources as their own.

O’Connor is a full service, independent construction management company. Founded in 1982 as a cost consultancy for owners and design professionals, they have offices throughout California, Las Vegas, Seattle, Dallas, Omaha, Charlotte and Washington, DC. Over the past 38 years they have broadened their scope of services to excel at every aspect of program, project, and construction management.

O’Connor has provided consulting services for more than 9,000 nationwide and around the world; on average, our cost estimating accuracy is within 3 percent of the lowest bid. They have worked on every type of building and infrastructure project for nearly every market. This breadth of experience gives them a thorough understanding of the nuances of various project types. What differentiates them is their collective experiences, knowledge, and success rates within these specialized projects.

County of LA, DPW: Rancho Los
Amigos South Campus
CSU Fullerton: Public Safety Building
CSU Northridge: Public Safety Building
Los Angeles Harbor College: Sheriff
Station
Orange County Fire Authority Regional
Fire Ops and Training Center
Orange County Sheriff Department:

RNSP Tenant Improvement
Seal Beach Fire Station
Thermal Sheriff Station

PUBLIC SAFETY EXPERIENCE
Garden Grove Police Department: Needs
Assessment (with Dewberry)
City of Downey: Fire Stations No. 1, 2, 3 & 4
City of Redondo Beach: Police Department
City of Stockton Police Department
Costa Mesa Police Facility Expansion
County of LA, DPW: 3965 South Vermont
Ave. LA County Probation Department
County of LA, DPW: Altadena Sheriff Station
Parking Lot
County of LA, DPW: Del Valle Fire Training
Facility
County of LA, DPW: FCCF Chiller
Improvement
County of LA, DPW: Fire Camp 14 Life Safety
Improvements
Exhibit A -- Page 32 of 62
22 CITY OF FOWLER POLICE HEADQUARTERS

MECHANICAL AND PLUMBING ENGINEERING

ELECTRICAL ENGINEERING
Rose Sing and Associates, Inc. located in Visalia, performs projects throughout the central and northern California areas. Their staff of engineering, design, inspection and CAD professionals can support projects of varying types and sizes.

Rose Sing and Associates, Inc. approaches each project with the owner’s interest in mind. Their goal is to combine the owner’s criteria with their technical expertise to produce systems that meet the specific requirements of the project. Factors that influence design include life cycle costs, energy conservation, and function of each space, esthetics and ease of maintenance.

Their clients include City of Bakersfield, City of Lindsay, City of Tulare, City of Visalia, County of Kern, County of Tulare, A.T.&T., Southern California Gas, PG&E, U.S. Navy, California Air National Guard, IBM and Tenneco.

PROJECT EXPERIENCE
City of Bakersfield - Fleet Services Building
County of Fresno - North Annex Jail Expansion
Kern County - Animal Control Facility
Kern County - Public Services Building
Kern County - Public Health Building
Kern County - Sheriff’s Department Remodel,
Bakersfield
Selma-Kingsburg-Fowler Sanitation District - New
Administration Building
Social Security - New Administration Office, Visalia
City of Tulare - New Police Facility
City of Tulare - Tulare City Hall Remodel and Addition
Tulare County Women’s Detention Facility, Visalia
Tulare County Courthouse Addition, Visalia
Tulare County Government Plaza, Visalia
Tulare County - Sequoia Field Programming Facility
Lawrence Engineering Group is a full-service mechanical engineering firm, providing plumbing, fire sprinkler, heating, ventilation, refrigeration, and air conditioning design, energy audits/studies, commissioning, and construction administration services. LEG has been involved in the design and construction of major projects located in the San Joaquin Valley from Modesto to Bakersfield, including 27 county and state facilities.

Lawrence Engineering Group has been retained by public
organizations such as the City and County of Fresno, PG&E, California State University – Fresno, State Center Community College District, Pacific Bell Telephone, 50 school districts, and well over 30 architectural firms to provide services for projects ranging from small rehabilitations to over $120 million in construction costs.

Originally established in 1971, the firm is the largest mechanical consulting office in the San Joaquin Valley, with a staff of 37.

PROJECT EXPERIENCE
Bakersfield Police Department - 911 Room
City of Fresno - New Southwest Police Station
City of Fresno - Police Headquarters - Air Handler
Unit Replacement
City of Madera - Police Station
City of Visalia - Police Sub-Station
Clovis Unified School District - District Wide
Facilities - HVAC and Plumbing Assessment
Fresno County Juvenile Justice Facility
Kern County – Public Services Building
Kern High School District - District Wide Facilities -
HVAC Assessment
Meadows Field Airport Terminal Building
New Fresno County 6-Story Jail
Selma Police Station
Exhibit A -- Page 33 of 62
23 CIVIL ENGINEERING
In 1968, Provost & Pritchard Consulting Group began a tradition of engineering excellence in the San Joaquin Valley. Over the course of more than 50 years, Provost & Pritchard has grown in staff size, services offered, and breadth of areas served with nine office locations throughout California. With nearly 190 employees, their staff is diverse in their specialties, including civil and agricultural engineering, water resource management and engineering, CEQA/NEPA compliance, land surveying, GIS, and construction management services.

Since the beginning, Provost & Pritchard has worked with clients to ensure seamless progression for their projects. Their reward is the long-term client relationships and a positive, significant impact to the community. Whether the task is big or small, Provost & Pritchard consistently works to bring each project to a successful completion.

PROJECT EXPERIENCE
Madera County Jail Annex
New Modesto Courthouse
Wawona Wildland Fire Facility - Yosemite National Park, California Visalia Emergency Communications Center
Kern County - Lerdo Detention Facility Campus Infrastructure Improvements CDCR Statewide Master Plan for 12 Original Prisons
Tulare County Correctional Facilities - Wastewater System Improvements

STRUCTURAL ENGINEERING
Crosby Group has been a trusted team member with a long history of successfully collaborating with various City, County, State and Federal agencies on a wide variety of police and public safety projects.

This includes the Fremont Police Headquarters Building Retrofit, Fairfield Police Department Renovations, San Mateo County Regional Operations Center, and American Canyon Police & Fire Facility, as well as on a variety of projects with dozens of California cities and counties over the past 29 years. Through this experience, we have developed police facility expertise to understand and address the nuances and complexities of police station rehabilitation and renovation projects in occupied, operational, and secure facilities. They have practical experience with the spectrum of structural systems used on police stations and essential services facilities and we understand and proactively address these critical concerns such as phasing to maintain continuous operations, coordination with architectural and MEP systems to minimize conflicts, and selection of structural systems to meet the project’s flexibility, durability and maintenance requirements.

PROJECT EXPERIENCE
Fremont Police Headquarters Seismic Retrofit,
Fremont, CA
Fairfield Police Department Renovations,
Fairfield, CA
Belmont Police Department & City Hall
Renovation & Retrofit, Belmont, CA
San Mateo County Regional Operations Center,
Redwood City, CA
Folsom Police Department Remodel, Folsom, CA
Atwater Fire Station #2 & Police Detective
Substation & EOP Center, Atwater, CA
American Canyon Police and Fire Facility,
American Canyon, CA
Benicia Police Department Building Needs
Assessment, Benicia, CA
Berkeley Traffic Bureau Police Substation Seismic
Retrofit, Berkeley, CA
Exhibit A -- Page 34 of 62
24 CITY OF FOWLER POLICE HEADQUARTERS

RESUMES
Larry Hlavacek AIA

PRINCIPAL-IN-CHARGE/PUBLIC SAFETY SUBJECT MATTER EXPERT As National Director of Public Safety, Larry Hlavacek brings his proven leadership and expertise in the planning and design of public safety facilities of his 28-year career back to Dewberry. A recognized national expert, he brings his leadership in realizing the client’s vision by delivering innovative, operationally efficient, flexible, and future-ready solutions to Dewberry’s robust public safety design team. Coordinating national efforts in planning and design for police, fire, and emergency operations, Larry’s collaborative approach focuses on developing professional work environments that support mission critical operations and health and wellness improving career development and staff retention of first responders.

Bakersfield Police Department Needs Assessment and Site Feasibility Study, CA.

Space needs assessment and site feasibility study including evaluation of existing seven facilities, space needs assessment to accommodate growth, and determine scale and location of new facilities.

Johnson County Municipal Facilities Programming and Master Plan Study, KS.

Study includes existing facility assessments of county facilities, provided staffing analysis, utilization of space, evaluating data from the previous 5-10 year time periods to establish trends, planned growth, programming, space planning, staffing analysis, space allocation diagrams, and adjacent diagrams for all related justice and public safety departments.

Oswego Police Headquarters and Training Facility, IL*. A new 72,900 SF police statio features a police training center with a downrange tactical firing range, combat training mat room, fitness center, emergency operations center, and training classrooms.

Police operations are enhanced by the professional and collaborative workspaces for Administration, Records, Investigations, Patrol, and Traffic and expanded and enhanced areas for equipment storage, evidence processing and storage, and jail. $25.7m (est.) North Slope Borough Public Safety & Integrated Behavioral Health Facility, AK* A new 115,000 SF facility to provide services for Alaska’s entire North Slope Borough.

The Public Safety building includes a Police Station (Emergency Communications, Investigations, Operations, and Support), Jail, and Behavioral Health Services (Outpatient Clinic, Administration, Prevention Services, Residential Treatment, and a Traditional Room for community engagement).

ADDITIONAL EXPERIENCE:
• Romeoville Village Hall and Police Headquarters Planning Study and Implementation, IL
• Glen Ellyn Police Headquarters Planning Study and Implementation, IL • Hanover Park Police Headquarters Planning Study and Implementation, IL • Lawton Public Safety Complex Planning Study and Implementation, OK • Brecksville Police and Jail - Programming and Schematic Design, OH • DeKalb Police Headquarters, IL
• EDUCATION
MS Architecture, University of
Illinois
BS Architecture, University of
Illinois
• YEARS OF EXPERIENCE
Dewberry • 11
Prior • 17
• REGISTRATIONS
Registered Architect: IL, FL
• AFFILIATIONS
American Institute of Architects
International Association of
Chiefs of Police (IACP)
• PUBLICATIONS +

PRESENTATIONS
Workshop Presenter,
“Planning-DesigningConstruction of Police
Facilities, IACP, 2021
Author, “Pandemic Design
Considerations for Police
Facilities” Blog, 2020
Co-Speaker: “Future Ready
Design for Law Enforcement:

The City of DeKalb Police
Headquarters”; AIA Academy
of Architecture for Justice Fall
2015 Conference
Speaker, “Protecting Those
Who Protect: How Your Police
Station Can Keep Officers
Safe”, Midwest Security &
Police Conference, 2015
• PERCENTAGE OF TIME ON
THIS PROJECT: 20%
Exhibit A -- Page 35 of 62
25 William Oren AIA, NCARB

PROJECT MANAGER
As Project Manager, Will brings 14 of years of architectural practice and production experience as well as 2 years of construction management experience. Having a completed domestic and international projects, Will’s focus has been on managing complexity, enhancing collaboration, and optimization through the use of software. As a licensed architect in California, Will has worked with a number of public agencies for the construction of new space or the improvement of existing space and has demonstrated success in balancing budget, project delivery and performance.

Bakersfield Police Department Needs Assessment and Site Feasibility Study, Bakersfield, CA. Space needs assessment and site feasibility study including evaluation of existing seven facilities, space needs assessment to accommodate growth, and determine scale and location of new facilities.

Garden Grove City Hall Security Assessment, Garden Grove, CA. Facility renovation to department counters, information counter, and meeting rooms, as well as security upgrades to cameras, first floor door access, and panic/duress systems.

Stanislaus County - Empire Library, Modesto, CA. Project Manager/Project Architect for a new community library to include program areas for adults, teens, and children, offices, a community room, which opens to a secure outdoor community gathering space.

Stanislaus County Health Services Agency/Public Health Facility, Modesto, CA.

Project Manager providing programming, master planning, and bridging design for a new, two-story building to co-locate the administration and public health functions of the County’s Health Services Agency.

Building Annex Renovation, Gilroy, CA. Project Manager providing programming and design for building upgrades/improvements for the City Annex Building.

Yolo County Historic Courthouse Improvement, Woodland, CA*. Project Manager for a building restoration and Probation Department tenant improvement.

Responsibilities included design, drawings, consultant coordination, code approvals and historic compliance and budget tracking.

Clifford L. Allenby California State Office Building, Sacramento, CA*. Work included close coordination with the Office of State Fire Marshal and Division of the State Architect for code verification and approval as well as consultant and contractor coordination throughout the design-build delivery.

Solano Transportation Authority Architecture Program, Suisun City, CA*.

Project Programming and schematic design for Solano Transportation Authority’s new headquarter office building.
*with Prior Firm(s)
• EDUCATION
Master of Architecture,
University of California,
Berkeley
AB, Psychology Environment,
Harvard University
• REGISTRATIONS
Registered Architect • CA
NCARB
• YEARS OF EXPERIENCE
Dewberry • Since 2019
Prior • 12
• AFFILIATIONS
American Institute of Architects
• PERCENTAGE OF TIME ON
THIS PROJECT: 40%
Exhibit A -- Page 36 of 62
26 CITY OF FOWLER POLICE HEADQUARTERS
Mario Barrientos

DESIGNER
Mario will work closely with the Project Manager and planning team to develop the necessary presentation documents, research building construction and code issues that may affect the plan, and work closely with the engineers and cost estimators throughout the study process.

EXPERIENCE WITHIN LAST THREE YEARS:

Bakersfield Police Department Needs Assessment and Site Feasibility Study, Bakersfield, CA. Space needs assessment and site feasibility study including evaluation of existing seven facilities, space needs assessment to accommodate growth, and determine scale and location of new facilities.

Garden Grove City Hall Security Assessment, Garden Grove, CA. Facility renovation to department counters, information counter, and meeting rooms, as well as security upgrades to cameras, first floor door access, and panic/duress systems.

Orange County - Aliso Viejo Sheriff’s Station Remodel, Aliso Viejo, CA. Assessment of and design renovation for approximately 18,000 SF of space, including renovation of locker rooms, reconfiguration and re-purposing of office spaces and work areas, and new carpet paint and furniture in most areas.

Orange County Sheriff’s Department Headquarters Remodel, Santa Ana, CA.

Renovation of mens and womens locker rooms at OCSD’s headquarters to improve accessibility.

Orange County Central Mens and Womens Jail Upgrade, Santa Ana, CA.

Renovation and reconfiguration of offices for OCSD Command Division. Upgrade to staff spaces affected both mens and womens areas, and included interior finishes, furniture, mechanical and plumbing systems.

Washoe County DNA Lab Tenant Improvement Renovation, Reno, NV. Needs assessment and design implementation for a new forensic science laboratory. Dewberry provided design expertise related to the morgue/lab component.

Madera County Jail Expansion Phase III, Madera, CA. A new housing wing of 20 special use beds, appropriate support spaces such as medical exam rooms, interview rooms, a training lab, and outdoor recreation space, medical staff offices.

Building Annex Renovation, Gilroy, CA. Programming and design for building upgrades/improvements for the City Annex Building.
• EDUCATION
BS Architecture, California
Polytechnic State University
• YEARS OF EXPERIENCE
Dewberry • Since 2018
Exhibit A -- Page 37 of 62
27 Ryan W. Carlson, PE, LEED AP BD+C

MECHANICAL ENGINEER
An industry professional since 1996, Ryan spent his early career as a design engineer working for a design build mechanical contractor. His close interaction with field personnel set a foundation for practical, efficient and sustainable designs. Ryan is licensed as a Mechanical Engineer in five states and is recognized by the U.S. Green Building Council as a LEED Accredited Professional for Building and Construction. Ryan’s wide-ranging experience includes projects such as large hospitals, institutional buildings and school campuses.
• 911 Room, Bakersfield Police Department, Bakersfield, CA • New Southwest Police Station, City of Fresno, CA
• Air Handler Unit Replacement, Police Headquarters, City of Fresno, CA • Police Station, City of Madera, CA
• Police Sub-Station, City of Visalia, CA
• HVAC and Plumbing, Clovis Unified School District - District Wide Facilities, Clovis, CA
• Assessment Fresno County Juvenile Justice Facility, Fresno County, CA • Public Services Building, Kern County, CA
• HVAC Assessment, Kern High School District Wide Facilities, Kern County, CA • Mira Monte High School, Kern High School District, Kern County, CA • Meadows Field Airport Terminal Building, Kern County, CA • New Fresno County 6-Story Jail, Fresno County, CA
• Selma Police Station, Selma, CA
• EDUCATION
BSME, Energy Emphasis,
California State University,
Fresno
• REGISTRATIONS
PE • CA, ND, AK, TX, OR
Green Globes Professional
Guiding Principles Compliance
Professional
• YEARS OF EXPERIENCE
24 • AFFILIATIONS
American Society of
Heating, Refrigerating, and
Air Conditioning Engineers
(ASHRAE)
Member, Two Time Past
President San Joaquin
Chapter, Board of Governor,
Region X Chapters Regional
Conference Chairman
Department of Mechanical
Engineering Advisory Council
Past Chair Department of
Mechanical Engineering
Advisory Council
American Council of
Engineering Companies
(ACEC) – Past President, San
Joaquin Chapter
American Society of Plumbing
Engineers (ASPE), Member
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 38 of 62
28 CITY OF FOWLER POLICE HEADQUARTERS
Steve Eastman, PE

ELECTRICAL ENGINEER
Steve ensures all facets of project planning are complete, from the most advanced AV system integration project to Voice/Data Infrastructure design. Manufacture certified designers provides customers confidence that their project will be undertaken and completed in the best way possible. All designs incorporate industry standard equipment and are designed to for future upgrade and expansion as technologies change. • Fleet Services Building, City of Bakersfield, CA
• North Annex Jail Expansion, County of Fresno, CA
• Animal Control Facility, Kern County, CA
• Public Services Building, Kern County, CA
• Public Health Building, Kern County, CA
• Sheriff’s Department Remodel, Bakersfield, CA
• New Administration Building, Selma-Kingsburg-Fowler Sanitation District • New Administration Office, Visalia, CA
• New Police Facility, City of Tulare, CA
• Tulare City Hall Remodel and Addition, City of Tulare, CA • Tulare County Women’s Detention Facility, Visalia, CA • Tulare County Courthouse Addition, Visalia, CA
• Tulare County Government Plaza, Visalia, CA
• Sequoia Field Programming Facility, Tulare County, CA • Fire Station No. 56, City of Visalia, CA
• Fire Station No. 53, City of Visalia, CA
• Fire Station Remodel, City of Kingsburg, CA
• New Fire Station, City of Kingsburg, CA
• Rosamond Fire Station, Kern County, CA
• EDUCATION
BS Electrical Engineering,
University of the Pacific –
Stockton, CA
• REGISTRATIONS
PE: CA
• YEARS OF EXPERIENCE
20+ years
• AFFILIATIONS
Illuminating Engineering
Society of North America,
National Fire Protection
Agency
• PERCENTAGE OF TIME ON
THIS PROJECT: 30%
Exhibit A -- Page 39 of 62
29 Patrick Crosby SE, LEED AP, DBIA

STRUCTURAL ENGINEER
Patrick Crosby established the Crosby Group in 1992 and serves as President and Managing Principal. With over 35 years of experience serving the public sector, including 28 years in the design and construction of police and justice facilities, he is intimately familiar with the needs and requirements of local County agencies, as well as the specific regulatory and design requirements of essential services facilities in California. He has assisted numerous Cities and Counties throughout the State and understands their fiscal constraints not only in capital construction, but in long-term maintenance. To meet these challenges, he is involved on the front-end of design to understand the client’s needs and constraints and develops a design that provides cost-effective yet creative solutions with an emphasis on durability and minimal maintenance.

Benicia Police Department Building Needs Assessment, CA. Needs Assessment of the Benicia Police Department building. The scope included a site investigation, a review of available documents, evaluation of code requirements and cost triggers, an ASCE 41 Tier 2 structural evaluation of structural and non-structural components to validate existing structural integrity, evaluate options for inclusion of an Emergency Operations Center, assistance in the development of cost estimates and preparation of a Seismic Integrity Assessment Report.

San Mateo County Regional Operations Center D/B, Redwood City, CA. A new twostory, 37,000sf Regional Operations Center. Designed as an Essential Services building, this 24/7/365 state-of-the-art facility brings the County’s essential services operations into a united command center including the Emergency Operations Center (EOC), Office of Emergency Services (OES), and Data Center, along with large flex spaces, offices, kitchen and break room, training rooms, and locker rooms/showers, generator, communication antennas all in a secure facility, $64.5m Fremont Police Evidence Storage Assessment, CA. Provided evaluation and assessment for a new 1-story Evidence Storage Facility for the City. The scope included a site investigation, a review of available documents to assess existing conditions, the development of three schematic design options illustrating potential solutions, the development of one final schematic design along with cost estimates. $860,000.

Fremont Police Headquarters Building Seismic Retrofit, CA. Seismic retrofit of this occupied three-story, 75,000 square foot police facility for the City of Fremont originally constructed in 1993. This essential services building houses the City’s only 911 dispatch center and is situated near the Hayward Fault. Our design brought the current structure up to an ‘Immediate Occupancy’ level, minimized the impact to critical functions, and implemented a phasing schedule that allowed the building to remain fully occupied and operational throughout construction. $8.5m Contra Costa County Admin Building & Historic Police Building Master Plan, Martinez, CA. Structural evaluation to identify optimal sites for the County’s new 80,000sf Admin Building, as well as provide a structural assessment of the historic police building.
• EDUCATION
BS Civil Engineering, Santa
Clara University
Graduate Work at the
University of California,
Berkeley
• YEARS OF EXPERIENCE
41 Years
• REGISTRATIONS
Professional Engineer -
Civil: CA
Professional Engineer -
Structural: CA
• AFFILIATIONS
2019-2022 Industry Advisory
Group, US State Department,
Overseas Buildings Operation
National Board Member,
Design Build Institute of
America
Structural Engineers
Association of Northern
California
International Code Council
American Concrete Institute
American Institute of Steel
Construction
• PERCENTAGE OF TIME ON
THIS PROJECT: 30%
Exhibit A -- Page 40 of 62
30 CITY OF FOWLER POLICE HEADQUARTERS
Tamara Clarke AIA, LEED AP BD+C, WELL AP

QUALITY CONTROL
Tamara is a principal of the firm and will be responsible for leading the quality control initiatives for your project. In her 32+ years of experience, Tamara has been involved with every aspect of architecture, contributed to engineering disciplines, and worked on design-build, construction-manager-at-risk, and design-bid-build projects. Her projects are renowned for meeting tight budgets and schedules while providing outstanding architectural services that are informed by best practices and design excellence. Her leadership and commitment to a team approach help drive consensus building and mutual responsibility.

EXPERIENCE WITHIN LAST THREE YEARS:
• EDUCATION
BS Design/Architectural
Studies • Arizona State
University
• REGISTRATION
Registered Architect: CA, AZ
LEED Accredited Professional
WELL Accredited Professional
• YEARS OF EXPERIENCE
Dewberry • 1
Prior • 32
• AFFILIATIONS
American Institute of Architects
California State Sheriff’s
Association
American Jail Association
American Correctional
Association
• PUBLICATIONS +

PRESENTATIONS
Contributor, “California Building
Code (CBC I-# Interpretive
Manual”) in partnership with
the Office of the State Fire
Marshal, 2018
Speaker, “Creating Futures
through Owner Involvement”,
Corrections Summit, Sept 2018
Speaker, “Sustainable Design
in Corrections” Corrections
Summit West, Nov 2013
• PERCENTAGE OF TIME ON
THIS PROJECT: 20%
North Slope Borough Public Safety & Integrated Behavioral Health Facility, Utqiagvik, AK* A new 115,000 SF facility to provide services for Alaska’s entire North Slope Borough. The Public Safety building includes a Police Station (Emergency Communications, Investigations, Operations, and Support), Jail, and Behavioral Health Services (Outpatient Clinic, Administration, Prevention Services, Residential Treatment, and a Traditional Room for community engagement).

Solano County - Main Jail Booking Center Improvements Study, Fairfield, CA.

Facility assessment, concept design, and cost estimating to address issues regarding operational flow and capacity including: ADA compliance, inmate waiting/interview areas office safety, arresting officer access to secured sheriff staff areas.

Madera County Jail Expansion Phase III, Madera, CA. A new housing wing of 20 special use beds, appropriate support spaces such as medical exam rooms, interview rooms, a training lab, and outdoor recreation space, medical staff offices.

San Francisco Police Department Traffic Company and Forensic Services Division Facility, CA* A new 110,000 SF facility for the Forensics Services Division and Traffic Company (Motorcycle Patrol). Program includes Forensic Laboratories, Laboratory Support spaces, Evidence/Crime Scene Labs, Test Fire Range, Administrative Offices, Investigations, Operations, Vehicle Fleet, and Impound Lot. LEED Gold is anticipated.

Completion is expected in 2021.

ADDITIONAL EXPERIENCE:

San Mateo County Maple Street Correctional Center, Redwood City, CA* This 276,000 SF facility with 832 beds serves a mixed population of long-term and short-term inmates with a wide variety of spaces and amenities for a range of programs appropriate to the needs of each specific group. $164m.

Santa Cruz County Criminal Justice Complex, Nogales, AZ* This 166,000 SF facility combined Juvenile Detention, Adult Detention, Probation, Courts, and Sheriff’s Office into a single facility in the urban setting of southern Arizona. *with Prior Firm(s)
Exhibit A -- Page 41 of 62
31 Rod McNeely PE

CIVIL ENGINEER
Rod McNeely has over 25 years of experience as a civil engineer. His responsibilities include design and plan preparation for both private developments and municipal construction projects. Mr. McNeely has extensive experience in the design and preparation of improvement plans and bid specifications for site developments, grading and drainage, municipal utilities, and streets. He is also skilled in construction inspection, field sampling, and laboratory testing.

Madera County Jail Annex, Madera, CA, Project Manager. Mr. McNeely served as the project manager responsible for the preparation of onsite and offsite civil engineering construction documents for the Madera County Jail expansion. The expansion consists of a new 12,000 square-foot administration and visitation building, a 40,000 squarefoot two-story jail housing addition building, and a 2,400 square-foot central plant and associated site improvements.

New Modesto Courthouse, Modesto, CA, Project Manager. Mr. McNeely is serving as the Project Manager for the civil engineering and land surveying services as part of the design of a new 300,000 square-foot, eight story courthouse building in downtown Modesto. Site development will include razing an entire city block and redeveloping for the new courthouse and site parking. The project tasks include site acquisition support, schematic design, design development, preparation of construction documents, and project bidding and construction administration assistance.

Wawona Wildland Fire Facility, Yosemite National Park, California, Project Manager. As a subconsultant to the project architect, Mr. McNeely managed the land surveying and site civil engineering design services for a new 6,500-square-foot- fire station and operations building at Wawona in Yosemite National Park. The facility design includes three apparatus bays and an area designed to sleep a crew of five people and management staff. Project tasks included design surveys, flood plain and building finish floor evaluation, on-site civil engineering design, preparation of construction documents and cost estimates, and coordination of geotechnical investigation.

Fresno Bus Rapid Transportation Corridor, City of Fresno, California, Project Manager– Mr. McNeely was the project manager for the Fresno Bus Rapid Transportation Corridor Plan. He was responsible for coordinating supplemental field surveys, assisting in the development of the BRT station location Concept Plan, conducting detailed plans, specifications and estimate reviews (PS&E) on behalf of the City of Fresno, oversight of utilities relocations, value engineering evaluation, and permitting support for design.

Yosemite Lodge Complex Site Plan and Schematic Design, Yosemite National Park, California, Project Engineer - Mr. McNeely served as Provost & Pritchard’s Project Engineer on a team primed by Siegel & Strain Architects and John Northmore Roberts & Associates Landscape Architects to complete a planning study and alternatives analysis for the West side of the Yosemite Lodge campus. The study provided solutions for several issues related to intermodal congestion and conflicts, a lack of arrival and sense of place and lack of visitor services for the new Day Use Parking Lot. • EDUCATION
B.S. Civil Engineering,
California State University,
Fresno
• REGISTRATIONS
Civil Engineer: CA
• AFFILIATIONS
American Society of Civil
Engineers (ASCE)
American Public Works
Association, President of
Central California ChapterKern Branch
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 42 of 62
32 CITY OF FOWLER POLICE HEADQUARTERS
Chris Allred ESS

SECURITY AND TECHNOLOGY DESIGNER
Chris has 18 years of professional experience and is a skilled Security Designer. He has vast experience in the application of physical security designs in the corrections and detention environment and obtained his Electronic Safety & Security credential from BICSI in 2013.

EXPERIENCE WITHIN LAST THREE YEARS:

Madera County Juvenile Hall Facilities Needs Assessment, Madera, CA. Facilities Condition and Needs Assessment (FCNA) services for the existing Juvenile Detention Facility’s electronic security system and HVAC system. The final analysis will be utilized for prioritizing improvements to the electronic security system and HVAC system as well as assisting with allocating budgets and potentially making recommended improvements.

Orange County Sheriff’s Department - IRC and Theo Lacy Jail Security Electronics Replacement, Orange, CA. Replacement of existing integrated jail controls systems at Theo Lacy Facility and the Intake Release Center. Included systems are Programmable Logic Controllers (PLC), Control Room graphic touchscreen control panels, and the Intercom System and architectural millwork.

Stanislaus County EOC Electronic and Physical Security Upgrades, Modesto, CA.

The project includes reconfigured parking lot; upgrade CCTV system and card reader system; evaluate exterior storage; and design perimeter, high security fencing at the Emergency Operations Center The building serves as the emergency dispatch center for both the City of Modesto and Stanislaus County.  First phase includes a physical security assessment then design the improvements necessary.

Lubbock Police Substations, Lubbock, TX. Design of three Police Substations to help the city decentralize their downtown police station and to increase their presence throughout the community.

Lawton Public Safety Building, Lawton, OK. Study and implementation of a new 100,000 SF facility to house the City’s police headquarters, central fire station, a large city jail component and municipal courts.

Sand Springs Public Safety Facility, Sand Spring, OK. A Facility Needs Assessment to document current deficiencies and program needs as well as projected staff and area increases over 15 years for the Police, Fire, and Municipal Court departments. Design implementation was developed for a new facility.

Sutter County Main Jail Expansion, Yuba City, CA. A 20-year site master plan, which planned for 650 beds over three phases. The first to be implemented was a $9m construction addition and renovation of special housing, medical, mental health and kitchen. The AB900 funded project will add 42 total beds, (28 maximum security male beds and 14 medium security female beds).

ADDITIONAL EXPERIENCE:

Calaveras County Jail and Sheriff’s Administration, San Andreas, CA. This new adult detention facility contains 160 inmates in double-bunked cells. The $44-million facility includes support and programming spaces, a Sheriff’s Administration Building, E911 Dispatch Center and Emergency Operations Center.
• EDUCATION
Associates Degree, CAD
Technology, ITT Technical
Institute
• YEARS OF EXPERIENCE
Dewberry • Since 2012
Prior • 11
• AFFILIATIONS
Building Industry Consulting
Services International
• PERCENTAGE OF TIME ON
THIS PROJECT: 20%
Exhibit A -- Page 43 of 62
33 Abhi Choukse VMA, CEP

ESTIMATING MANAGER
Abhi is a Sr. Estimator with significant amount of field experience, making him an asset to design and engineering teams. As a Sr. Cost Estimator, Abhi is well versed in delivering estimates at all levels of design, from concept through construction documents, as well as with all design types. He is well versed and knowledgeable in estimating architecture, structural, and civil engineering, along with various MEP systems. Abhi understands lifecycle costs and value engineering and is a valuable participant in those exercises.

Abhi’s project experience spans a wide range of typologies, locations and client types.

As specialist cost estimator, Abhi has experience leading estimating efforts all facets of building systems design. In addition to public municipal projects, Abhi has led the estimating process for complex performing arts, federal government, and higher education undertakings across the country.
• City of Garden Grove: City Hall Security
• City of Garden Grove: Garden Grove Police Department Needs Assessment • City of Laguna Niguel: Crown Valley Community Park Building • City of Long Beach: Bixby Park Community Center Upgrades • City of Long Beach: Houghton Park Community Center, Demolition and Center Improvements
• City of Long Beach: MacArthur Park Community Center Roof • City of Long Beach: MLK Community Center Improvements • City of Long Beach: Police Department Forensic Laboratories at 1400 Canal Street • City of Los Angeles: Citywide Maintenance Yard Facilities Assessment • Federal Bureau of Prisons: Big Spring, Structural Assessment • Metropolitan Water District of Southern California (MWD of So CA): Building Voluntary Seismic Renovation
• MWD of So CA: Final Design of USHQ Voluntary Seismic Renovation and Building Improvements
• MWD of So CA: Smoke and Fire Alarm Systems
• UC Irvine: Reines Hall Flammable Storage Room
• UC Irvine: Student Center Kitchen
• EDUCATION
M.S. Construction
Management , Michigan State
University
B.E. Civil Engineering
S.S. College of Engineering
and Technology, India
• YEARS OF EXPERIENCE
6 Years
• CERTIFICATIONS
Value Methodology Associate
SAVE
Certified Estimating
Professional
AACEI
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 44 of 62
34 CITY OF FOWLER POLICE HEADQUARTERS
Jennifer Betancourt, AIA, WELL AP, LEED AP BD+C

SUSTAINABILITY/LEED SPECIALIST
Jennifer is the Corporate Sustainability Leader for Dewberry, nationally. She leads the Sustainability Program for the architecture practice and assists the engineering practice. In addition to being an Architect and a Project Manager, she consults with teams around the country on LEED, net zero energy, and projects with aspirational sustainability goals. Jennifer is a LEED Accredited Professional with specialization in Building Design & Construction.

Countryside City Hall & Police Department, Countryside, IL, Architect/LEED Specialist. A new combined facility that is targeting a LEED Silver certification.

Goals for the project are to create better work flow and secured areas for the city and police department staff, while also creating an inviting civic facility that can act as a stimulus for new development in the area. This is the first net zero energy municipal project in the State of Illinois.

Glen Ellyn Police Headquarters, Glen Ellyn, IL, Architect/Sustainability Specialist. A new police headquarters that includes a community room, records, patrol, booking & holding, evidence processing, locker rooms, break area, and a fitness room. Also includes administrative and investigations and building support spaces.

East Dundee Municipal/Police Complex, East Dundee, IL, Architect/LEED Specialist. Restoration of an existing village hall (circa 1891), adding a two-story corner addition and adaptive reuse of a fire station to become the community’s police facility. LEED Gold.

Deerfield Public Library, Deerfield, IL, Project Manager/Sustainability Specialist. Full renovation and two separate additions. The completed project totals 41,500 SF and features a 150-seat meeting room which divides into three separate rooms, a technology training room, multiple private-study rooms, a children’s pavilion, a hotel-like lobby space complete with a fireplace and integrated sustainable design.

Northern Illinois University Stevens Building, DeKalb, IL, Project Architect/ LEED Specialist. Dewberry performed Program Analysis and Schematic Design services for the additions and renovations to the Stevens Building. The resulting design creates a separate identity for the unique departments that share the building. This project was designed to achieve LEED Silver Certification.

University of Illinois at Chicago, Chicago, IL, Project Manager/LEED Specialist.

This new 57,000 SF engineering research building  for UIC will accommodate three engineering departments, including research labs, a high-bay structural testing lab, a maker space, chemical engineering wet labs, and other student/faculty spaces.

Targeting LEED Gold certification.

City of Durango Water Treatment Facility Administration Building, Durango, CO, New administration building built as part of a waste water treatment complex in need of expansion and upgrade in order to meet increasing regulatory demands.
• EDUCATION
BA • Architecture •
University of Arizona
• REGISTRATIONS
RID • IL
RA • IL, MI, CO
LEED AP BD+C

WELL AP
• YEARS OF EXPERIENCE
Dewberry • 13
Prior • 6
• AFFILIATIONS
National Council of
Architectural Registration
Boards (NCARB)
American Institute of
Architects (AIA)
U.S. Green Building Council
(USGBC)
Green Business Certification
Inc. (GBCI)
• PERCENTAGE OF TIME ON
THIS PROJECT: 25%
Exhibit A -- Page 45 of 62
35 Annette Manz

COMMUNITY ENGAGEMENT SPECIALIST
Annette is a results-oriented professional with over 30 years’ experience in a diverse range of business management applications, including public relations, community engagement, market analysis, brand and market strategy, and business development. She excels at relationship building with all levels of management and community members.

Annette leads outreach efforts using a variety of communication strategies which include identifying and managing stakeholder groups, facilitating community and other stakeholder meetings, creating and managing outreach campaigns, media involvement, social media, print collateral, project hotlines, database management, website development and maintenance, development of interactive tools, and 3-D renderings, virtual meeting spaces, and simulation videos.

Prior to joining the Dewberry | Drake Haglan team, Annette was President of VisionWise Marketing & Events and focused on full scale marketing solutions, event management, strategy implementation, community outreach, design and campaign execution for clients throughout California. Annette’s company represented organizations such as the City of Folsom, Folsom Historic District, Folsom Chamber of Commerce, and Rancho Cordova Chamber of Commerce, Harris Center of the Arts, and Sacramento River District.

Placer County | Walerga Road Bridge Replacement: As the, Public Outreach Manager, Annette is leading all outreach efforts as Walerga construction began in early 2019. Outreach tasks include strategy planning, stakeholder database, website development and maintenance, project hotline, community comments, collateral development, social media, press releases, ground breaking, and grand opening events.

Stanislaus County | Hickman Road over Tuolumne River Bridge Replacement:

Annette is leading all public outreach eff¬orts for the Hickman Road Bridge project.

Detailed tasks related to this eff¬ort include kick-off¬ meetings, identification and management of stakeholders, development of a project website, project hotline, regular newsletter notifications, media announcements, and stakeholder meetings which will be on-going until completion of the project.

City of Rancho Cordova | Cordova School Zones: The City of Rancho Cordova received state grant funding from the Sacramento Council of Governments (SACOG) to provide specific safety improvements at six elementary schools. The City is currently preparing plans for construction in Summer of 2021. Annette developed and implemented an online engagement survey to education the community and gather their input and support for needed improvements in the community that surround local elementary schools.

City of Manteca | SR 120/Union Road Interchange: Annette’s outreach efforts on this project require multiple layers of communication. The SR 120/Union Road Interchange is the first Diverging Diamond Interchange (DDI) in the State of California. This project receives a high level of exposure. Meetings, website development, implementation and updates, press releases, social media updates, and regular email and electronic newsletters will be used to keep the community updated on the project. A unique outreach element with this project involves the creation of a simulated video to educate the community on how to navigate through the DDI.
• EDUCATION
BS Business (Business
Administration and
Marketing concentrations);
Communication Minor -
California State University
- Sacramento (1988)
Western Association of
Chamber Executives 2012
& 2013
• YEARS WITH DEWBERRY |

DRAKE HAGLAN
3 Years
• AFFILIATIONS
APWA Sacramento Chapter
Member
Folsom Chamber of
Commerce, Board Member
- 2009 to 2015
Folsom Chamber of
Commerce Member
Folsom Historic District
Member
Sacramento Metro
Chamber
Folsom Leadership Program
Graduate 2014
Exhibit A -- Page 46 of 62
SECTION 3: References
References
Exhibit A -- Page 47 of 62
37 REFERENCES

BAKERSFIELD POLICE DEPARTMENT
Captain Jeremy Blakemore
P: 661.326.3835 | E: [email protected]
Project: Police Department Space Needs Study
Cost: N/A (study only)

GARDEN GROVE POLICE DEPARTMENT
Lt. Michael Viscomi, East Division Watch Commander
P: 714.741.5999 | E: [email protected]
Project: Police Department Planning Study + City Hall Improvements Cost: $1M

BENICIA POLICE DEPARTMENT
Michael Greene, Operations Captain
P: 707.746.4248 | E: [email protected]
Project: Police Department Needs Assessment Study
Cost: N/A (study only)

STANISLAUS COUNTY, CA
Patricia Hill Thomas, Chief Operating Officer
P: 209.609.4334 | E: [email protected]
Project: Public Safety Facilities Expansion
Cost: 87 M
Dewberry’s continuing interest in finding a solution for the Village’s facility needs has earned the trust and
respect of Village staff and leadership.
- BOB ACTON, (RETIRED) DEPUTY CHIEF

GLEN ELLYN POLICE DEPARTMENT
I would not hesitate to recommend Dewberry Architects as an Architect-of-Record for any future projects with Stanislaus County or other Justice or Civic-related projects.
- ADAM CHRISTIANSON,

SHERIFF-CORONER (RETIRED)

STANISLAUS COUNTY, CA
...our department’s experience with Dewberry
was nothing short of phenomenal.
- DENNIS BALDWIN, ASST. CITY MANAGER

CITY OF KILLEEN, TX
If you are considering selecting Dewberry for future
work, I would not hesitate to recommend the firm.
- JEANNE M. BOYCE

FORMER COUNTY ADMINISTRATIVE OFFICER

CALAVERAS COUNTY, CA
Exhibit A -- Page 48 of 62
SECTION 4: Contract Terminations
Contract Terminations
Exhibit A -- Page 49 of 62
39 CONTRACT TERMINATIONS
Dewberry has not experienced any such termination for
default or early termination in the past five (5) years.

Exhibit A -- Page 50 of 62
SECTION 5: Project Understanding
Project Understanding
Exhibit A -- Page 51 of 62
41 What the Dewberry Architects Inc.
team “brings to the table” and the
related “skills and experience”
that will “benefit” the City of
Fowler
It is our understanding the City desires a consultant with skills and experience in:
• The design of numerous municipal police
departments with a design that emphasizes
community oriented policing; and
• Community and stakeholder engagement in
developing facility program, particularly in
engaging diverse and historically underrepresented
communities to determine needs; and,
• Conducting historic assessments of existing facilities, their condition, any deferred maintenance, and
determining if reuse is possible; and,
• Sustainable construction and operating practices as
well as obtaining LEED or equivalent certifications;
and,
• DOJ and other regulations for evidence storage,
physical security, in-custody processing, and other
law enforcement requirements; and,
• Design of police facilities that also include community engagement facilities such as community rooms,
training rooms, commercial kitchen, and associated
facilities.

The Dewberry projects and team which we have included
within the proposal represent these six (6) “skills and experience” necessary to provide the City of Fowler with the “best value, in a timely fashion and to complete the proposed Project, as follows:

1. The design of numerous municipal police
departments with a design that emphasizes
community oriented policing; and,
Our designs involve the use of multiple strategies focused on community oriented policing.

Organizational Transformation Strategy– Deals with how
the police-community relationships can change the
attitude of the community. This requires decentralization

PROJECT UNDERSTANDING
of resources to give the police department a better
understanding of the neighborhood, by frequent
contact between the police and community. How is this
accomplished through design, a community room and
training rooms that can be used by both the police and
community.

Another strategy would be to provide a volunteer
community led public safety approach by creating a
space for these volunteers to support dispatch, crime
scene forensic a, record keeping and other administrative duties.

Community Partnerships Strategy – Our designs develop
a strong relationship between the community and
police. The architecture of the building design reflects the culture of the community through its use of material, style, and historical elements. Vital community resources are often included to encourage community interaction
such as meeting rooms, public plazas, and community
kitchens. In these ways, your facility design promotes
strong partnership between your organization and the
community
Problem Solving Strategy – Dewberry’s law enforcement
planning expertise allows us to identify project challenges and provide innovative solutions that support community oriented policing initiatives while maintaining operational efficiency, safety, and security. Our designs optimize the ability to engage the community through efficient designs that minimize square footage and reducing costs.

2. Community and stakeholder engagement
in developing facility program, particularly
in engaging diverse and historically
underrepresented communities to determine
needs; and,
Reaching out to traditionally underrepresented groups
is an essential step in maintaining a successful project outcome. Dewberry uses a powerful software tool to gain a deep knowledge of the community, and then implement
those ideas into the design. As mentioned above,
including a community/training room, a kitchen space
and volunteer spaces always go a long way to involve
the community including public plaza space for outdoor
events that also provide additional security.

3. Conducting historic assessments of existing
facilities, their condition, any deferred
maintenance, and determining if reuse is
possible; and
Exhibit A -- Page 52 of 62
42 CITY OF FOWLER POLICE HEADQUARTERS
We understand the prospective location for the Police
department will be Fowler Senior Center, which
appears on the California Office of Preservation Built
Environmental Recourse Directory. Though this structure is not nationally registered with the Department of
Interior, the Secretary of the Interior provides helpful guidelines for working with historically significant
structures. Dewberry has utilized these standards to
achieve operational success for stakeholders while
restoring, rehabilitating, or modernizing historically
significant structures. Working with the City and the
Fowler Police Department, we intend to bring forward the appropriate level of historic compliance to your project.

Our approach and experience when conducting a facility
condition assessment will identify “risk items” early in the project, when conducting a facility conditions assessment, especially those risk items that will potentially affect the project budget and schedule. With older structures, the impacts of implementing the “Essential Services Act”
requires identification of innovative design solutions that directly relate to keeping this project on schedule and budget. Each of these “risk items” must be identified and included in the probable construction cost during the 35% Schematic Design (TASK 1) phase.

There are several important items to note when dealing
with the “Essential Services Act”. The seismic study could require separation of the “renovated police building” from the other structures on site and upgrading to the existing structure. Another challenge could be the upgrading
of the fire and life safety systems throughout the entire building(s). We will work with the City to identify these specific items and then develop appropriate solutions.

4. Sustainable construction and operating
practices as well as obtaining LEED or equivalent
Certifications
For our LEED projects, the contractors do perform
“sustainable construction” because it is mandated by the LEED process. As far as “or equivalent certifications” we can lead LEED, Green Globes, and/or WELL certifications for projects. We are a consultant that has all that inhouse. We have Accredited Professionals in WELL and Green Globes but to-date do not have any projects that
have gone for WELL or GG).

At the Kick-off meeting, Dewberry will discuss what
goals the City desires for achieve the best practice
for implementing sustainability and LEED into your
community building. For reference, we need to consider
what the sustainability and LEED design impact your
budget.

We know sustainable buildings may be more expensive to
build but they are always cheaper to use, so if we forever view cost through the prism of upfront investment rather than the lifecycle of a building then truly sustainable projects will likely continue to be seen as too costly.

Another strategy for the selection of MEP equipment for a remodeled facility deals directly with the vendors in the area of the City staff that provide services to maintain the system. We would discuss with your team the capabilities of the local vendors and or the capabilities of the City maintenance staff, so together, we choose the equipment that can be serviced, and cost affordable.

With the above mentioned long-term operating cost
benefits, the life cycle cost of green buildings is lower than the life cycle costs of those that are not. Green
building aspects tend to have a lesser impact on costs
than other building decisions, such as which kind of
finishes and amenities the building might provide.

Sustainable design is not just about cost.

5. DOJ and other regulations for evidence storage,
physical security, in-custody processing, and
other law enforcement requirements; and
The California Building (Title 24) addresses the code
related requirements for the types of room described
above and many others. The Board of State community
and corrections (BSCC), title 15 addresses the operations of the facility, whether male, female and or juvenile are held in custody within the facility.

Dewberry understands the importance to providing
a secure and efficient evidence storage management
facility that protects the chain of custod. In addition to following the International Association of Chief of
Police (IACP) Facility Planning and Design Guidelines, our subject matter experts design evidence storage facilities according to the International Association for Property and Evidence (IAPE) Professional Standards. These
guidelines serve as a basis of design that is customized to meet your agencies specific needs and to identify critical upgrades that are necessary for your proposed facility
to accommodate a modern secure evidence storage
space.Our design team will develop a risk assessment
plan with the City and Police Department to identify and manage potential risks including terrorist or physical
attacks as seen in recent riots across the nation. The
risk management plan will identify the source of the
attack and intent, analyze historical attacks, and identify potential target locations. The results of this plan allow our team to design the site and facility to counter attacks through the use of CCTV systems, visitor screening, patrol and monitoring, secure shipping and receiving, access
Exhibit A -- Page 53 of 62
43 control, and alarm systems. Site and building security issues will be prioritized and addressed for the public safety facility at a conceptual level during the Schematic Design Phase. To meet these demanding challenges of an
existing downtown site, we use the “Crime Prevention
Through Environmental Design” (CPTED) doctrine, which
is considered the “Best Practice” design approach in
the security industry today. CPTED is the process of
fully integrating security within the architecture and
site design of the facility. CPTED involves three major concepts: natural surveillance, natural access control and territorial reinforcement.

It is our understand of your current facility that arrestees are taken to the Fresno County jail. However, that doesn’t mean BSCC would be involved in the review of the
design and construction of an evidence for example and
evidence is processed.

6. Design of police facilities that also include
community engagement facilities such as
community rooms, training rooms, commercial
kitchen, and associated facilities
There are several key factors that influence community
engagement facilities…
The architecture of the exterior façade – is it welcoming, is it community architecture here it fits into the community surrounding or it a cold glass looking façade that is more urban and community.

The interior spaces – again are they welcoming, do they have warm feel. Meaning well lite both with natural
and artificial light? Do that have good acoustics? It the furniture fix or is movable to allow for any type of event.

Can food be prepared on-site or does it have to be
delivered.

Are there budget issues where we design these room
to have multiple functions. Examples, can a community
room also serve as an EOC or briefing room, and if
such, how does the design accommodate the necessary
security barriers between the secure side of a police
facility and community side, and then assess by both the police staff and community
These are just of few of the considerations that the
Dewberry team has considered where design police
facilities.

Exhibit A -- Page 54 of 62
44 CITY OF FOWLER POLICE HEADQUARTERS

PROJECT INITIATION WORKSHOP
A formal kick off meeting with the project leadership,
planning team, and City staff will be held to introduce all participants, review project scope, lines of
communication, schedule, and project budget. As well as reviewing the available record drawings, an important
part of this meeting will be a visioning exercise that
confirms and establishes system-wide priorities and
measures of success for the Police Department and the
City of Fowler. Dewberry generates formalized meeting
notes to document the decisions made and issues them
to all stakeholders as a record of this meeting. These
notes become the basis of the project meeting minutes.

Review of Existing Documentation
Before the kick off, our team reviews all documentation provided in this RFP and requests all existing building documentation including the most recent plans
(preferably in electronic format); the most recent facility conditions reports; details related to operational costs; building/system modifications performed over time;
scheduled/budgeted projects over the next five years; and any recordkeeping associated with facility maintenance.

If available, the design team would also review all Fowler Police operational information including departmental
organizational structure, typical shift information,
call data/information, and community demographic
information for our team to have a clear understanding
of your current operations.

Facility Condition Assessment
The RFP scope of work includes a seismic study, redesign of the front entrance, designs for communications
center, creation of administration space, patrol unit
workspace, supervisors’ office, records unit workspace, conference room, and evidence room. With this scope
the intended area of work is limited to a portion of the building, however, per the requirements of the Essential Services Buildings Seismic Safety Act, evaluation work
will be necessary to uncover, verify, and likely improve the existing building structure as well as to provide
fire sprinkler coverage throughout the facility. As we
undertake the facility assessment work, our intent is to be sensitive to work completed and building standards.

We will work with your team to achieve code compliance
and operational efficiency. Our team will perform
a comprehensive evaluation of your existing public
safety facilities to fully understand the challenges your Departments face in their existing facilities, the level of investment required, and the suitability for reuse of your facilities moving forward from a physical condition standpoint.

We begin by embedding our team of architects and
engineers into your facility to verify and document
the existing conditions and develop a detailed spaceby-space description used to evaluate the facility for needed rehabilitation or expansion. Dewberry uses
nationally recognized systems of space evaluation for
law enforcement facilities developed by the International Association of Chiefs of Police (IACP) and the Commission on Accreditation for Law Enforcement Agencies (CALEA) to evaluate each department and space, creating a roomby-room analysis that identifies deficiencies in space or functional adjacency. We will also meet with facility and building managers to understand the facility history and review facility data including maintenance records, utility information, and any available architectural/engineering plans and specifications.

Deficiencies are included in a detailed report that
documents the adequacy of the existing facility and
identifying operational deficiencies. Evaluation of building systems include security electronic and HVAC systems,
electrical, plumbing, fire, telecommunication, and life safety, site utilities, emergency and backup generator
power, and drainage systems. The report also includes

PROJECT APPROACH
Exhibit A -- Page 55 of 62
45 existing facility photographs with captions highlighting code or adjacency issues as well as existing facility floor plan diagrams.

Space Needs Assessment
Accurately right sizing the building: Building size is not only based upon each individual space, but also upon
proper adjacencies and building circulation. This, in turn, has a direct impact on the net to gross square footage
ratio of the building and ultimately the building size. Our team designs to the building program and appropriate
support space to confirm that we have the building right sized for current and future needs.

TASK 1: 35% SCHEMATIC DESIGN
During this phase, it is critical to recognize that every design decision impacts the future phases of the project.

Dewberry begins by leading design charrettes with all
project stakeholders to discuss the relative strengths, weaknesses, and costs of the concepts. Throughout
the charrette, collaboration among all members is
encouraged and comments are documented to record
the process. These comments will be compiled into
a written summary and used to inform future design
development following the charrette. In addition to
this charrette, individual meetings with user groups
and our design team provide us additional detailed
information needed to optimize the function of the
space, confirm critical adjacencies, and develop healthy workplace environments. Our design team prepares and
evaluates the estimated cost, schedule, and procurement considerations for the developing design to understand
the impact of all decisions.

Per the requirements of the Essential Services Buildings Seismic Safety Act, this building type needs to be able to continue function after a seismic or fire event. To
determine this ability, discovery work will be required in this phase to verify the uncover the structure and verify its compliance with existing documentation and current
structural performance requirements. Developing an
understanding of the structure through Tier 1 evaluation will determine if the structure is sufficient or needs to be further evaluated in more detailed structural evaluations (Tier 2 and Tier 3 studies). Another consideration of
the Essential Services Building Seismic Safety Act is
fire protection coverage. Currently the building is not sprinklered and will require comprehensive fire sprinkler protection throughout the facility.

It is our intention that this process will include two
alternatives for site improvement, building renovation
options, and floor plans resulting in the confirmation of a single scheme for further development. These intensive
sessions serve to expedite the design process and, at the same time, achieve greater consensus among all team
members. Documents for the concept design package
will include a site plan, building plan concept, conceptual floor plans, interior elevations, building sections, along with narrative descriptions of MEP systems, equipment
lists, technology infrastructure, and material descriptions.

Our team is also prepared to evaluate the cost estimate and compare it to our historic cost data from recent
projects of similar scope and complexity giving the City the information needed to confidently move into the
next phase of design. At the end of this phase, Dewberry provides the City with a set of documents for review and a preliminary construction cost estimate and schedule.

Balancing Schematic Design Concepts
and Estimated Cost
Our team uses multiple cost control procedures and
support systems as part of our standard management
design tools for your project during every phase of
a project. To maintain the project budget, our team
evaluates the following:

Efficient MEP Systems: Public safety facilities often
require specialized and redundant mechanical, electrical, and plumbing systems that support the function of the
building. The selection of these systems, coupled with
a discussion on life cycle costs, controls, and level of institutional quality has a bearing on cost. The amount of space within the building that has redundant power,
technology, HVAC, potable water and back-up sewer will
be determined based on discussions with you.

Sustainable Design: The level of sustainable design will directly impact the cost of the facility. It could drive decisions towards innovative mechanical systems with a
higher initial cost, but improved life cycle cost. Dewberry and our subconsultants will work with the you to meet
sustainability goals in a cost-effective manner based on life cycle cost analysis.

Exhibit A -- Page 56 of 62
46 CITY OF FOWLER POLICE HEADQUARTERS
Interior Finishes: The furniture and equipment selection is extremely important to the maintenance of the facility.

The quality levels of the floor, wall, and ceiling materials need to be assessed regarding their impact on cost,
durability, and maintainability.

Technology: Public safety facilities rely heavily on
technology for many day-to-day activities. Dewberry
will provide the necessary knowledge to design and
specify the infrastructure needed to support the
facilities technology requirements within the budgetary constraints of the project.

TASK 2: 65% DESIGN DEVELOPMENT
The design development phase is an important inflection point in the design process, where scope and budget can be aligned in order to move into an accurate construction document package. Drawings, specifications, and
budgets will be advanced to further to describe the scope of work, interior code analysis and life safety drawings, floor plans, exterior elevations, interior elevations and cross sections, landscape plans, site plan, and typical construction details will be shown and discussed.

As with all projects, budgeting accurately is important, especially with municipal clients. Budgeting and value
engineering is an important part of our design process.

We have found that working closely and collaboratively
with our estimating team, the client, and stakeholders
scope leads to the best project outcome. A collaborative budget reconciliation meeting (or meetings as necessary), will allow the design team to more deeply understand
what is most essential about the project and begin to
develop a series ala carte deductive alternates in order to bring the budget into alignment and support the vision
and needs of the Fowler Police Department. Because
many building systems are interconnected, creating
deductive alternates without an understanding of their
relationship can be problematic, this is an important step in creating a successful project.

TASK 3: 90% CONSTRUCTION

DOCUMENTS
Phasing of Construction & Utilization
Police Departments operate 24/7, 365 days per year
and it is critical to develop a construction phasing plan beginning in the preliminary design phase that minimizes any operational impact allowing continuity of services.

Our designers focus on developing designs that limit the movement of staff for construction while maintaining
facility security and safety. Clear construction
demarcations and schedules are established between
phase construction activities that protect building
occupants from construction activities including noise, dust, and odors using temporary partitions, non-peak
schedule activities, proper ventilation, and enhanced
construction site cleaning requirements.

Dewberry considers public access, construction trailer
locations, and phasing impact on the site along with
temporary construction parking, public parking, and
secured staff parking. Temporary parking may need to
be supplemented with nearby off-site parking during
construction for workers. Similarly, additional site
security measures may be needed including temporary
construction fencing and security fencing. Other phasing and utilization considerations during the planning design phase includes:
• Construction operations and layout/equipment areas
• Construction fencing and erosion control measures
• Coordination with utility companies for planned
service interruptions
• Identify locations for any temporary facilities
• Planned switchover and testing protocols developed
for technology equipment and system transfers/
relocations
• HVAC equipment replacement locations and
switchover
The Phasing and Utilization Plan becomes the critical
document needed to enable your Department’s
operations continue throughout construction while
maintaining safety and security for both staff and the
Exhibit A -- Page 57 of 62
47 Community. By developing these plans in collaboration with your unit leaders, the phasing and utilization plan becomes the both efficient and economical.

TASK 4: 100% CONSTRUCTION

DOCUMENTS
In this phase, comments from the plan checker are
incorporated into the project documents. We know time
is of the essence for the City of Fowler Police Department, so we have included a 6 week turnaround for plan
review and backcheck. Even though our team is expert
in accessibility, California Building Code, and Essential Services Buildings, we have found that a collaborative
relationship with the plan checkers and reviewing
engineers yields the fastest delivery and best project
results. As possible, we intend to engage the plan review agency or subcontractor early in the design process in
order to discuss the scope and code compliance and
identify any major code issues.

TASK 5: BID SUPPORT SERVICES
Once the drawings and specifications are fully approved, drawings and specifications will be combined into a
bidding package including the City of Fowler provided
front-end specification sections of Bidding Instructions and General Conditions. Our project manager, planner,
and/or designer will assist the city by attending and
participating in a pre-bid conference if scheduled by the City. We will prepare addenda and respond to RFI’s. If
necessary we will remove items from the project scope at the request of the city. Early planning for these deductive alternates is essential, and will begin in the Design
Development phase.

TASK 6: CONSTRUCTION SUPPORT

SERVICES
Attend pre-bid conference, provide construction
observation as requested or necessary, assist in
preparation of change orders inclusive of a construction estimate. At the conclusion of construction, we will
work with the selected contractor to produce a set of
as-built drawings capturing field changes, as part of the bid support services, contractor record sets should be
shared with the design team to record the deviations
from the contract documents. At the point of substantial completion, we will conduct a punch-walk to direct the
contractor to address and incomplete items.

TASK 7: POST CONSTRUCTION SERVICES
A close out meeting will cover the list of guarantees that were specified to the contractor in a prior phase. Any
documents borrowed from the city will be returned,
manuals for Maintenance and Operation of systems will
be provided by the contractor, reviewed by the design
team, and forwarded to the City. Upon final completion, wet signed project sheets and digital versions will be
provided in a format requested.

Community Involvement
Prepare Project Marketing Materials for
Community Involvement
A project like this requires extensive community
involvement. The Dewberry team will develop a variety of marketing and outreach materials to support this effort.

Specifically, our team will create; project information fact sheets, press releases, event flyers, community mailers, comment cards, social media content, press releases, and other content as needed. All materials and content can
be created in Spanish and a variety of other languages as needed.

Deliverable: Project Specific Marketing Materials and
Social Media Content
Coordinate and Facilitate Farmers Market Booth
and Pop-Up Events
Grassroots involvement such as having a City booth at
the local farmers market is an effective and low-cost way Exhibit A -- Page 58 of 62
48 CITY OF FOWLER POLICE HEADQUARTERS
to reach a large percentage of the community. Bringing
the City and its projects to the community in a low stress and informal setting allows residents to ask questions
they wouldn’t ask during more formal events. Similarly, Pop-Up events are the project team bringing the project and its materials to uncommon community events such
as a weekend at the community pool or during the small
community events. Farmers markets and pop-up events
provide effective involvement to historically marginalized and unrepresented communities.

Deliverable: Project information booth at the City
Farmers Market Pop-up events as appropriate
MetroQuest Survey: Project Introduction to
Community
MetroQuest is a web-based survey tool that presents
survey questions with a graphic and interactive format
allowing survey participants to interact with the survey providing highly customized feedback. This survey allows participants to identify priorities by allocating a limited amount of funds to various project components, place
pins on a map identifying specific locations, prioritize their preferences, and many other interactive options to gather specific project feedback. Additionally, this tool can be created in multiple languages and easily viewed
on mobile devices. Common distribution methods
include social media platforms, distributed to email lists and neighborhood platforms, and posted to the project
website. The Dewberry team anticipates utilizing this
tool to introduce the project to the community and solicit feedback to help the project stakeholders understand the community’s concerns.

Deliverable: MetroQuest Survey – Project Introduction
Story Map: Demonstrate Project Need and Next
Steps
Dewberry has access to the full suite of Esri products
including desktop and online applications. We have
extensive experience leveraging Esri Story Maps through our ArcGIS Online organization. Story Maps are an
interactive map-based story telling application that fuses narrative with maps and multi-media content in a webbased platform. Story Maps allow users to interactively engage with and consume content and information
about a project, and can include a combination of
interactive functionality that allows users to swipe, view information pop-ups, and utilize time sliders to provide a comprehensive picture of the subject with all associated contextual information.

Deliverable: Story Map platform for greater level of
detail
MetroQuest Survey: Project Update and Deeper
Dive
As identified in task above, the Dewberry team will
utilize MetroQuest for a second survey providing the
community with a project update and a deeper dive into
the proposed project details. The goal of this survey is to maintain community support momentum and solicit
input on specific project details.

Deliverable: MetroQuest Survey – Project Update and
Deeper Dive
Community Open House and Stakeholder
Involvement Meetings
In addition to a Community Open House, the Dewberry
team can facility community involvement meetings with
individual community stakeholders. The purpose of
these smaller events will be to inform and solicit input from specific groups that may not have participated in
the larger community events or the open house. These
meetings can be held at community facilities like Boys
and Girls Clubs, churches, YMCA, and other facilities that reach all community groups. Bilingual technical staff will be onsite for all community and stakeholder meetings to assist with Spanish and other languages as necessary.

Deliverable: Community Open House Stakeholder
Involvement Meetings
Develop and Maintain Project Website
An important component of community involvement is a
project specific website. The Dewberry team will develop a project website and manage its content. This site will provide project updates and links to project related
materials.

Deliverable: Project Specific Website Set Up and
Maintenance
Deliverable: Project Specific Website Set Up and
Maintenance
Exhibit A -- Page 59 of 62
49 Pandemic Planning Considerations
Dewberry’s thought-leaders constantly track the latest trends or situations and develop forward-thinking design strategies to improve and enhance police operations. As information is learned about the effects of the COVID-19 virus, our expert designers are analyzing and developing innovative strategies for implementation into new and existing facilities.

Sanitation/Decontamination Zones. Creating sanitation and decontamination zones at entry points allows users to limit contaminants from entering the building. To maintain healthy work environments within the building, contaminant removal and sanitation zone strategies include:
• Outdoor sand pit or abrasive walk-off surface to remove contaminants from boots/shoes • Handwashing and sanitizing stations
• Bio-hazard waste receptacles for disposal of contaminated PPE • New PPE supplies for use within the building
Screening Areas. Screening areas at entry points for staff and visitors provide a front-line defense against infected people who enter. Emerging technologies including thermal imaging for screening of fevers may develop into a reliable method of screening, but this new technology is new and minimally tested to prove it is practical and reliable. Screening areas may incorporate the following methods:
• Health-monitoring station including temperature at pulse oximeter • Automatic entry doors
• Environmental controls for temperature, ventilation, and humidity • Separation between screening areas and workspace environment Contact Points. Limiting the number of potential contact points within the building directly reduces the number of potential virus transmission points. As technologies advance more options are readily available for implementation including:
• automatic door operators
• voice-activated controls
• cellphone-controlled application
• hands-free lighting controls and temperature controls •facial recognition systems and motion detection
Workspace Planning. Workspace modifications include strategies that reorganize open workspaces and limit potential exposure to germs including:
•Incorporate smaller modular workspaces that can be isolated and disinfected from other spaces • Develop self-cleaning bathrooms with UV disinfecting and touch-free controls • Reduce the number for horizontal surfaces where germs can collect • Provide more open spaces that reduce the occupancy density and increase social distancing • Develop one-way circulation paths where possible to limit contact points and improve efficiencies • Use of antimicrobial materials and durable materials that can be disinfected easily Environmental Systems. Mechanical systems for existing and new facilities can incorporate multiple strategies to reduce the risk of infectious aerosol dissemination including:
• Air distribution patterns to move air quickly from breathing zones •Increase the fresh air changes within a space
• Provide positive pressure between workspace environments and visitor areas • Provide enhance air filtration and UV germicidal irradiation • Provide 120 degree water at all hand washing locations Exhibit A -- Page 60 of 62
50 CITY OF FOWLER POLICE HEADQUARTERS
Dewberry is a Sustainability Leader

MUNICIPAL COMPLEX DESIGNED FOR NET ZERO ENERGY
Sustainable design solutions lead to lower operating
costs, life cycle savings, healthier buildings, and/or
environmental stewardship. These are the types of
benefits that we like to offer our clients. Long before the development of the LEED rating systems, Dewberry
was incorporating passive solar design, geothermal,
and photovoltaic applications into our designs in order to limit the overall energy consumption of our buildings and their impact on non-renewable natural resources.

From building systems and infrastructure to interior
finishes and furnishings, Dewberry designers have the
tools, training, and experience to meet and exceed
increasingly high levels of green design, creating
buildings that benefit your organization and contribute to their environmental context – from building and site to regional and global ecosystems.

As California architects and engineers, we design and
live by the California Code of Regulations (CCR) and
California Building Standards Code, often referred to as Title 24 of the CCR, along with Part 11 also known as the CALGreen Code.

The existing municipal building serving the City of Countryside was undersized and could no longer effectively support the city’s growing staff programs.  With this new building, the City aimed to stimulate economic growth in the area and be a leading example of sustainability in civic architecture by pursuing both Net-Zero Energy performance and LEED Gold certification.

A precise building envelope along with exceptionally efficient MEP systems form the basis for the team’s low energy strategy in this harsh Climate Zone 5. Photovoltaic arrays at the building’s roof and over the police vehicle car port areas provide onsite renewable energy to balance power usage.

U.S. GREEN BUILDING COUNCIL GOLD MEMBER STATUS
AIA 2030 CHALLENGE SIGNATORY

DEWBERRY MINIMUM SUSTAINABILITY STANDARDS
5 LEED PLATINUM PROJECTS
105 LEED GOLD, SILVER,

CERTIFIED PROJECTS
167 LEED ACCREDITED

PROFESSIONALS FIRM-WIDE
Exhibit A -- Page 61 of 62
Exhibit A -- Page 62 of 62

FOWLER CITY COUNCIL
ITEM NO: 8-Bii

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM Dawn E. Marple, City Planner

SUBJECT
CONSIDER naming of the park in Tract 6188

RECOMMENDATION
Staff recommend the City Council name the new park within Tract 6188 the “Shirakawa Park”.

BACKGROUND
On December 7, 2021, the City Council of the City of Fowler adopted Ordinance No. 2021-07 to establish procedures for naming of public facilities. The new naming procedures allow for naming facilities after individuals or major historic events that convey a positive public image.

Tract 6188 (Kb Home) is located on the northeast corner of North Armstrong and East Adams Avenues.

As part of their development conditions Tract 6188 was to develop a 1.4 acre park site within the subdivision. Pursuant to the newly adopted ordinance staff received a request to name the park site within Tract 6188 to honor the Shirakawa family.

Tokio and Kikue Shirakawa, owned approximately 40 acres of farmland in the relative location of Tract 6188. The Shirakawa family farmed the land starting in the 1930s and farmed the land for many decades. They raised seven children in Fowler and all of their children graduated from Fowler High, except for one who was educated in Japan. It was noted the Shirakawa family not only farmed but also founded the Central California Farmer's Co-op on Main Street (now occupied by United Health Centers), and was instrumental in organizing the Central California Fruit Growers Inc. In 1965, Tokio and Kikue Shirakawa were selected as the Honored Old Timers at the Fowler Fall Festival. The Shirakawa family eventually sold their farm in the 1990s to the Bedrosian family.

To remember the Shirakawa family, their contributions to Fowler, and the to memorialized the history of the community, staff recommend naming of the park within “Shirakawa Park”.

ENVIRONMENTAL REVIEW
The naming of parks does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Park Signage is provided by the developer as per the requirements of their Subdivision Agreement.

Attachments
- Resolution No. 2540
RESOLUTION NO. 2540

RESOLUTION BEFORE THE CITY COUNCIL

OF THE CITY OF FOWLER
COUNTY OF FRESNO, STATE OF CALIFORNIA ______________________________________ RESOLUTION OFFICIALLY NAMING SHIRAKAWA PARK ______________________________________ WHEREAS, a park located in Tract 6188 is currently in the development process; and WHEREAS, the City Council has independently reviewed and considered the naming of the 1.4 acre park within Tract 6188 the “Shirakawa Park” at a public meeting on February 1, 2022.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fowler, based upon the entire record of proceedings, hereby officially named the 1.4 acre park within Tract 6188 the “Shirakawa Park”.
____________________________________
Mayor of the City Council
Attest:
__________________________________________
Deputy City Clerk
I, Angela Vasquez, Deputy City Clerk of the City Council, do hereby certify that the foregoing resolution was adopted at a meeting of the City Council of the City of Fowler, on the motion of Councilmember ____________________ and second by Councilmember ____________________ on the 1st day of February 2022 by the following vote:

AYES: Councilmembers: ________________________________________ NAYS: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ ABSENT: Councilmembers: ________________________________________

FOWLER CITY COUNCIL
ITEM NO: 8-Biii

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM Dawn Marple, City Planner

SUBJECT
APPROVE a cooperative agreement with the Fresno Council of Governments for the Fresno County Sixth Cycle Multijurisdictional Housing Element

RECOMMENDATION
Staff recommend City Council approve a cooperative agreement with the Fresno Council of Governments for the Fresno County Sixth Cycle Multijurisdictional Housing Element

BACKGROUND
California Housing Element law requires every jurisdiction to prepare and adopt a Housing Element as part of their required General Plans. Housing Elements are also required to be updated every five or eight years. In 2016, 13 of the 16 jurisdictions in Fresno County, with help from Fresno COG, prepared a Fifth Cycle Multijurisdictional Housing Element. Recent legislative changes have increased the cost and complexity of updating the Housing Element, thus there are advantages in pursuing a joint effort.

The total consultant cost will be determined after a consultant is selected and the number of participating jurisdictions has been finalized. Fresno COG’s current estimate for each small city, including the City of Fowler, is $115,000. Fresno COG is requesting an initial payment of $10,000 from participating agencies. However, this estimated cost will likely be less as Fresno COG staff are working with the State of California Housing and Community Development to determine if Fresno COG’s Regional Early Action Planning (REAP) grant funding can be used for this effort to reduce the cost for participating jurisdictions. City of Fowler staff will also serve on the consultant selection committee.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).

At this time, the City Council is not taking any action that would constitute approval of a Project. Rather, the City Council is being asked to provide funding towards preparation of a Sixth Cycle Multijurisdictional Housing Element. The agreement does not commit the City to approve the prepared Housing Element. The City Council retains full discretion either to approve or disapprove the project.

The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). Further, CEQA does not apply to regional housing needs determinations, pursuant to CEQA Guidelines Section 15283 and Government Code section 65584.

FISCAL IMPACT
The remainder of the Sixth Cycle Multijurisdictional Housing Element costs will be budget in the Fiscal Year 2022-23 budget. The City of Fowler’s final share of the Sixth Cycle Multijurisdictional Housing Element costs will be determined after consultant selection and cost sharing calculations by the consultant and Fresno COG. Staff will bring forward a subsequent agreement for Council consideration once a proposed cost share is available.

Attachments:
- Cooperative Agreement
1 COOPERATIVE AGREEMENT
Fresno County Sixth Cycle Multijurisdictional Housing Element This COOPERATIVE AGREEMENT (“AGREEMENT”) is made and entered into this ________day of __________, 2022 (“Execution Date”) by and between the FRESNO COUNCIL OF GOVERNMENTS, a Joint Powers Public Agency (“FCOG”) and fifteen of its sixteen local member agencies listed below (collectively “LOCAL AGENCIES”).

FCOG and LOCAL AGENCIES are each a “Party” to this Agreement, and collectively are the “Parties” to this Agreement. The LOCAL AGENCIES consist of the following entities:

1. CITY OF COALINGA, a municipal corporation

2. CITY OF FIREBAUGH, a municipal corporation

3. CITY OF FOWLER, a municipal corporation

4. CITY OF FRESNO, a municipal corporation

5. CITY OF HURON, a municipal corporation

6. CITY OF KERMAN, a municipal corporation

7. CITY OF KINGSBURG, a municipal corporation

8. CITY OF MENDOTA, a municipal corporation

9. CITY OF ORANGE COVE, a municipal corporation

10. CITY OF PARLIER, a municipal corporation

11. CITY OF REEDLEY, a municipal corporation

12. CITY OF SANGER, a municipal corporation

13. CITY OF SAN JOAQUIN, a municipal corporation

14. CITY OF SELMA, a municipal corporation

15. COUNTY OF FRESNO, a political subdivision of the State of California WHEREAS, Government Code, section 65588 requires local governments, consisting of cities and counties, to review and revise the housing elements to their comprehensive general plans in compliance with section 65580; and
WHEREAS, LOCAL AGENCIES in Fresno County have requested FCOG to hire a consultant to perform a coordinated update to the housing element of each LOCAL AGENCY (hereinafter referred to as PROJECT), at no cost to FCOG; and WHEREAS, each of the LOCAL AGENCIES have agreed to reimburse FCOG for the cost of PROJECT in accordance with the cost sharing arrangement described in this AGREEMENT (“LOCAL SHARE”).

NOW, THEREFORE, it is mutually agreed as follows:

SECTION 1 - FCOG RESPONSIBILITIES
A. FCOG shall convene a subcommittee of its Policy Board (the “Project Subcommittee”) to provide oversight responsibility and provide staff support for the PROJECT to the effect that the Parties to this AGREEMENT have the opportunity assist in the decision-making processes relating to the PROJECT. 2 B. FCOG shall develop a request for proposal for consultant services to develop the PROJECT.

C. FCOG shall involve the Project Subcommittee in the selection of the consultant or any other third-party consultant (collectively “Project Consultant”) required for the PROJECT.

D. FCOG shall enter into and administrate the contract with the Project Consultant to implement PROJECT. The qualifications of the Project Consultant are to be determined by the Project Subcommittee and FCOG Policy Board.

E. FCOG shall direct the Project Consultant selected to develop PROJECT to work individually with LOCAL AGENCIES and provide products and documents relative to their required Housing Element update.

F. FCOG shall pay the Project Consultant selected to develop PROJECT and invoice LOCAL AGENCIES for each respective LOCAL SHARE cost including reasonable administrative cost incurred by FCOG in the implementation of PROJECT.

SECTION 2. – LOCAL AGENCIES RESPONSIBILITIES
A. LOCAL AGENCIES shall be responsible for their individual housing elements, work directly with the firm selected to develop PROJECT, review reports generated and directly address issues falling within their jurisdiction.

B. LOCAL AGENCIES shall determine what, if any, scope revisions are appropriate for work specific to their housing element and agree to reimburse FCOG for any required extended scope.

C. Upon satisfactory completion of PROJECT each Local Agency shall accept the final report appropriate to their area of jurisdiction.

D. LOCAL AGENCIES shall reimburse FCOG for cost invoiced per SECTION 3. within thirty days of receiving an appropriate invoice.

E. LOCAL AGENCIES, agree that time is of the essence and each agency shall provide timely responses to information request from Project Consultant and facilitate the development of PROJECT.

SECTION 3. COST REIMBURSEMENT
A. Upon execution of this agreement and receipt of an initial invoice from FCOG, each of the LOCAL AGENCIES shall pay FCOG a deposit of ten-thousand and 00/100 dollars ($10,000.00), to be applied as a credit to the LOCAL SHARE of each of the LOCAL AGENCIES on the final invoice for PROJECT.

B. LOCAL AGENCIES agree thereafter to contribute their respective LOCAL SHARE to reimburse FCOG for the cost of PROJECT per Section 2.D. LOCAL SHARE will be established by mutual agreement of the LOCAL AGENCIES at a later date as follows: The Project Subcommittee will review consultant proposals and make a recommendation to the FCOG Board to hire Project Consultant and establish LOCAL SHARE, which will be the pro rata amount each LOCAL AGENCY commits to contribute to reimburse FCOG for a) the consultant’s 3 services and b) $75,000 for FCOG staff time to administer PROJECT. In the event participating member agencies of the Project Selection committee fail to arrive at a mutually agreed cost sharing arrangement and recommendation to the FCOG board to approve Project Consultant and establish LOCAL SHARE, this agreement shall be null and void.

C. FCOG shall pay the Project Consultant and will invoice LOCAL AGENCIES no more frequently than monthly. Reimbursement will be in accordance with LOCAL SHARE and supported by an invoice and source documentation. The Parties agree that source documentation may consist of an invoice from the Project Consultant.

SECTION 4. INDEMNITY
The Parties agree to indemnify, save, hold harmless and at request from any other Party to this AGREEMENT, defend said other Party, its officers, agents and employees from any and all cost and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance or failure to perform, by FCOG and LOCAL AGENCIES, its officers, agent, and employees, under the AGREEMENT. This section shall survive expiration or termination of this AGREEMENT.

SECTION 5. INSURANCE
Without limiting the right of any Party to obtain indemnification from any other Party, it is understood that each Party to this AGREEMENT shall each maintain, at their sole expense, insurance policies or self insurance programs including, but not limited to, an insurance pooling arrangement, and/or joint powers agreement to fund their respective liabilities throughout the term of this AGREEMENT. Coverage shall be provided for comprehensive general liability, automobile liability, professional liability, and worker’s compensation exposure. Evidence of Insurance, Certificates of Insurance or similar documentation shall not be required of any Party under this AGREEMENT.

SECTION 6. – ASSIGNMENT
No Party shall assign, transfer or sub-contract this AGREEMENT nor their rights or duties under this AGREEMENT without the written consent of the other Parties to this AGREEMENT.

SECTION 7. – SEVERABLE
The provisions of this AGREEMENT are severable. The invalidity or unenforceability of any one provision of this AGREEMENT shall not affect the other provisions. 4 SECTION 8 – TERM
This AGREEMENT shall become effective immediately upon the Execution Date and shall remain in full force and effect through December 31, 2023.

SECTION 9 – COUNTERPARTS
This AGREEMENT may be executed in one or more counterparts, each of which when executed will be deemed to constitute one and the same instrument and agreement.

SECTION 10 – INTEGRATED AGREEMENT
Each Party acknowledges that it has read and fully understands the content of this AGREEMENT. This AGREEMENT represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral.

SECTION 11 – MODIFICATION
This AGREEMENT may be modified only by written instrument executed by duly authorized representatives of all of the Parties to this AGREEMENT.

SECTION 12 – CAPACITY
Each individual executing or attesting this Agreement hereby covenants, warrants, and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of his or her jurisdiction; and (ii) that this Agreement is binding upon such jurisdiction.
(Signature pages follow.)
5 IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT as of the Execution Date.

COUNTY OF FRESNO
By____________________________
[NAME], [Title]

CITY OF COALINGA
By____________________________
[NAME], [Title]

CITY OF FOWLER
By____________________________
[NAME], [Title]

CITY OF FIREBAUGH
By____________________________
[NAME], [Title]

CITY OF FRESNO
By____________________________
[NAME], [Title]

CITY OF HURON
By____________________________
[NAME], [Title]

CITY OF KERMAN
By____________________________
[NAME], [Title]

CITY OF KINGSBURG
By____________________________
[NAME], [Title]

CITY OF MENDOTA
By____________________________
[NAME], [Title]

CITY OF ORANGE COVE
By____________________________
[NAME], [Title]

CITY OF PARLIER
By____________________________
[NAME], [Title]

CITY OF REEDLEY
By____________________________
[NAME], [Title]

CITY OF SANGER
By____________________________
[NAME], [Title]

CITY OF SAN JOAQUIN
By____________________________
[NAME], [Title]

CITY OF SELMA
By____________________________
[NAME], [Title]
FCOG
By____________________________
[TONY BOREN, Executive Director

FOWLER CITY COUNCIL
ITEM NO: 8-Ci

REPORT TO THE CITY COUNCIL
February 1, 2022
FROM Dario Dominguez, Public Works Director

SUBJECT
APPROVE a contract with DTA Finance in the amount of $68,500 for a water rate study and formation of a City-wide community facilities district; authorize the City Manager to execute agreement.

RECOMMENDATION
Staff recommend City Council approve a contract with DTA Finance in the amount of $68,500 for a water rate study and formation of a City-wide community facilities district and authorize the City Manager to execute an agreement with DTA Finance.

BACKGROUND
The City solicited a request for proposals for qualified firms to conduct a water rate study and formation of a City-wide community facilities district. One proposal was received from DTA Finance. Staff reviewed the proposal, conducted an interview at DTA Finance and determined the firm to be experienced and well-qualified to perform the scope of work. In addition, DTA Finance’s previous work with the City of Fowler makes them uniquely qualified to perform this scope of work and provide added value.

ENVIRONMENTAL REVIEW
This item is not considered a “project” as defined by Public Resource Code section 21065 and CEQA Guidelines Section 15378.

FISCAL IMPACT
This item was budgeted under the Water Department in the amount of $70,000.

Attachments
- Contract

CITY OF FOWLER

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and David Taussig and Associates, Inc. dba DTA ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on February 1, 2022 ("Effective Date").

RECITALS
A. City desires to obtain water rate study and community facilities district formation services ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until June 30, 2024 (“Completion Date”). This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement on a “time-and-materials” basis according to rate(s) set forth in Exhibit A. The total amount paid by City to Consultant for the Services shall not exceed sixty eight thousand five hundred dollars ($68,500).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.
2 5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.

Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.

7. [Reserved]

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement. Notwithstanding the above, computer 3 software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.

Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. [Reserved]

14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Consultants. This Agreement and performance of the Services are nonexclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon ten (10) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance 4 with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever. e. Non-Appropriation; Lack of Available Funds. The parties acknowledge that the Services to be performed under this Agreement are expected to extend beyond the City’s budgeted fiscal year. If, during the term of this Agreement, or any renewal term, as applicable, the City budget does not appropriate sufficient funds for this Agreement, then City may elect to terminate this Agreement, at its sole discretion, by giving thirty (30) days' prior written notice of termination to Consultant. Upon termination of the Agreement under this section, the City shall have no further liability to pay any funds to the Consultant or to furnish any other consideration under this Agreement, and the Consultant shall not be obligated to perform any provisions of this Agreement or to provide services intended to be funded pursuant to this Agreement. If partial funds are appropriated or provided, the City shall have the option to either terminate this Agreement with no liability to the City or offer an amendment to the Consultant to reflect the reduced amount. The City represents and warrants that (i) as of the Effective Date, it has appropriated the funds for this Agreement for the current fiscal year and (ii) it shall not use the foregoing right to terminate for non-appropriation as a means to terminate for convenience. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. City budget decisions are subject to the discretion of the City Council.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant. 5 22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered seventy-two (72) hours after deposit.

23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. [Reserved]

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
6 30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement.

Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

34. Licensing. Consultant shall also obtain and maintain a City of Fowler Business License prior to commencing performance of the Services.

35. Prevailing Wages; Apprenticeship. When the Services constitute a public work under the Labor Code, the Services shall be performed in accordance with the provisions of Section 1770 et seq. of the Labor Code of the State of California, and all other applicable provisions concerning public works projects, which are hereby incorporated by reference and made a part hereof. Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

8 EXHIBIT A
Scope of Services
9 EXHIBIT B
Insurance Requirements
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 10 (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

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