Fowler City Council
June 20, 2023

MEETING OF THE FOWLER CITY COUNCIL AND

JOINT SPECIAL MEETING OF THE CITY COUNCIL

AND PLANNING COMMISSION
AGENDA
TUESDAY, JUNE 20, 2023
6:00 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 and Planning Commission meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings or Planning Commission: 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 and Planning Commission at the meeting and made part of the record of proceedings but will not be read aloud.

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.

The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/88460267088?pwd=SG03THhCMDdsbnNxQWVtREhrUHVqQT09 Telephone Number: (253) 215-8782
Meeting ID: 884 6026 7088
Passcode: 661428

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 and Planning Commission 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 or Commissioner 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 or Commission.

1. City Council Meeting Called to Order

2. Roll Call

3. Invocation by Pastor Rod Haro of the Worship Centre

4. Pledge of Allegiance

5. Ceremonial Presentations
5-A. Lady Redcats Softball team recognition
Adjourn to Joint Special Meeting of the Planning Commission and City Council

6. WORKSHOP on multi-jurisdictional housing element
Adjourn back to the Regular City Council Meeting

7. 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.

8. 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.
8-A. RATIFY Warrants for June 20, 2023
8-B. APPROVE Minutes of the June 6, 2023 City Council Meeting 8-C. Actions pertaining to the Professional Auditing Services (Finance) i. APPROVE First Amendment to the agreement with Bryant L. Jolley, CPA for Professional Auditing Services
ii. ADOPT RESOLUTION No. 2650 amending the 2022-2023 Adopted Budget to appropriate $2,000 in the general and water fund 8-D. INFORMATIONAL – Submittal of a Conceptual Final Map Related to Revised Tentative Tract Map No. 6381 (Marshall Estates II) (Planning) 8-E. APPROVE RESOLUTION No. 2651, a resolution directing the City Engineer to initiate and prepare the Engineer’s Report for the City’s Landscaping and Storm Drainage Facilities Maintenance District No. 1 for fiscal year 2023-2024 (Public Works)
8-F. APPROVE RESOLUTION No. 2652 adopting a budget amendment for Fiscal Year 2022-2023 allocating $190,000 in Traffic Impact Fees for a pedestrian crossing at South and Bousian Avenues (Public Works)
8-G. Actions pertaining to Recreation appointments (Recreation) i. REAPPOINT Roy Alatorre to the Recreation Commission for the portion of unexpired term ending 12/31/2023
ii. REAPPOINT Ailynn Martinez to the Recreation Commission for the portion of unexpired term ending 12/31/2023
iii. REAPPOINT Monique Velasquez – Lopez to the Recreation Commission for the portion of unexpired term ending 12/31/2023
8-H. APPROVE an agreement with Fresno Economic Opportunities Commission Food Services (Fresno EOC) to provide lunch meals for the City of Fowler’s Senior Center program in an amount not to exceed $45,000 for Fiscal Year 2023-2024 (Senior Center)

9. Contested Consent Calendar - Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

10. General Administration
10-A. Fire Department
i. APPROVE RESOLUTION No. 2653 acknowledging acceptance of a report on the City’s compliance with SB 1205 and California Health & Safety Code 13146.4

ii. Actions pertaining to fire planning and prevention:
1) APPROVE an agreement with Fresno County Fire Protection District (FCFPD) for fire prevention and code compliance services 2) APPROVE RESOLUTION No. 2654 amending the City’s Master Fee Schedule
iii. Quarterly update from Fresno County Fire Protection District 10-B. Planning Department
i. APPROVE an agreement with Provost and Pritchard Consulting Group for on-call planning services on a time and materials basis not to exceed $200,000 through June 30, 2024 and authorize the City Manager to negotiate such agreement
ii. APPROVE a First Amendment to the Agreement with Toole Design Group, LLC in the amount of $48,830 for visual identity design services 10-C. Public Works Department
i. INFORMATIONAL - Commercial Water Accounts
ii. INTRODUCE Ordinance 2023-02, Amending Article 11 and adding Article 14 to Chapter 4, Title 6 of the Fowler Municipal Code to implement a Water Shortage Contingency Plan

11. Staff Communications (City Manager)

12. Councilmember Reports and Comments

13. Closed
13-A. Government Code Section 54957
Public Employee Appointment/Employment
Title: Public Works Director

14. Adjourn
Next Ordinance No. 2023-08
Next Resolution No. 2655
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, June 16, 2023.

Angela Vasquez
Angela Vasquez, CPMC
City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 41399 - 41446 June 1 thru June 15 $ 192,734.98TOTAL ACCOUNTS PAYABLE CHECKS $ 192,734.98

PAYROLL COSTS
First June Bi-Monthly Payroll June 15, 2023 102,126.88 $ TOTAL PAYROLL COSTS $ 102,126.88
TOTAL CASH DISBURSEMENTS $ 294,861.86
NOTE:

CITY OF FOWLER

WARRANTS LIST
June 20, 2023
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CITY COUNCIL MEETING
TUESDAY, JUNE 06, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Parra called the meeting to order at 6:01 p.m.

2. ROLL CALL
PRESENT:

Parra
Mejia
Gill
Hammer
Kazarian

CITY STAFF PRESENT
City Manager Tucker, City Attorney Cross, Public Works Supervisor Aranda, Community and Economic Development Director Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez

5. CEREMONIAL PRESENTATIONS
5-A. Coach Bill Feaver 500+ Wins
5-B. Swearing in of Police Officer Josefina Hernandez

6. PUBLIC COMMENT
Three members of the public spoke.

7. CONSENT CALENDAR
Councilmember Kazarian made a motion to approve the consent calendar, seconded by Mayor Pro-Tem Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Gill, Hammer, & Parra

8. CONTESTED CONSENT CALENDAR
No items were pulled from the Consent Calendar.

9. GENERAL ADMINISTRATION
8-B
9-A. Finance
i. ACCEPT the Independent Auditor's Report for the Fiscal year 2021-2022 Motion made by Kazarian, Seconded by Mejia.

Voting Yea: Gill, Parra, Hammer
9-B. Recreation/Senior
i. Provide direction to staff on pop-up museum
Council directed staff to use the fire station as a temporary location for the pop-up museum, contingent on fire station phase II construction needs, and to seek out a location and funding for a permanent museum.

10. WORKSHOP to discuss FCFPD intermittent use of Fowler Fire Station Council directed staff to move forward with FCFPD intermittently using the fire station with the condition of ensuring it be documented this use is consistent with the City’s existing agreement with FCFPD.

One member of the public spoke.

11. STAFF COMMUNICATIONS
Updates were given by City Manager Tucker, Police Chief Reid, City Clerk Vasquez, Finance Director Moreno, and Community Development Director Gaffery.

12. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Councilmember Kazarian, Mayor Pro-Tem Mejia, Mayor Parra, and Councilmember Hammer.

13. ADJOURN
Having no further business, the meeting adjourned at 7:34 p.m.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-C

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
Actions pertaining to the Professional Auditing Services. i. APPROVE First Amendment to the agreement with Bryant L. Jolley, CPA for Professional Auditing Services.
ii. ADOPT Resolution No. 2650 amending the 2022-2023 Adopted Budget to appropriate $2,000 in the general and water fund.

EXECUTIVE SUMMARY
Staff recommend the City Council approve First Amendment to the Agreement for Professional auditing services October 19, 2021 between the City of Fowler and Bryant L. Jolley, CPA and Adopt Resolution No. 2650.

BACKGROUND
On October 19, 2021, the City Council allocated funding for the FY 2021-2022 professional auditing services not to exceed $39,000. The professional auditing agreement included one major program for streets on the single audit reporting. The Single Audit (or Program-specific Audit) is required if any non-federal entity that expends $750,000 or more in federal award funds during the fiscal year. During the auditing process for the year end FY 2021-2022 an additional major program for Coronavirus State and Local Fiscal Recovery Funds was added requiring additional reporting for the submission of the single audit resulting on an increase of $2,000 to the agreement.

Professional Auditing Service
June 20, 2023

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.”

GENERAL PLAN CONSISTENCY
None.

FISCAL IMPACT
The appropriation of General and Water Funds will not adversely impact existing City funds, operations, or budgeted programs and projects.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- First Amendment to the Agreement for Professional Auditing Services. - Resolution No. 2650

FIRST AMENDMENT TO THE AGREEMENT FOR AUDITING SERVICES
BETWEEN THE CITY OF FOWLER AND BRYANT L. JOLLEY, CPA
A. The City desires modifications to the auditing services beyond the scope of the Agreement between the parties hereto dated October 19, 2021.

B. The total amount paid by the City to Bryant Jolley, CPA as stated in Section 4 of the Agreement is revised to not exceed forty-one thousand dollars ($41,000).

C. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment as of the last date set forth below.

Dated: , 2023 CITY OF FOWLER
By
Wilma Tucker
City Manager
City of Fowler
128 South 5th Street
Fowler, CA 93625
Dated: , 2023 Bryant L. Jolley, CPA
By
Bryant L. Jolley, CPA
Attn: Bryant L. Jolley
901 “N” Street, Suite 104
Firebaugh, CA 93622
[email protected]
(559) 659-3045
RESOLUTION NO. 2650

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR PROFESSIONAL AUDITING SERVICES FOR FISCAL YEAR 2022/2023
WHEREAS, the FY 2022/2023 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2022/2023 Annual Budget was approved by the City Council on June 07, 2022 by Resolution 2563, and any subsequent amendments must be approved by Resolution; and
WHEREAS, the budget amendment request attached hereto specifies the details of the proposed professional auditing services budget amendment.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2022/2023 budget be amended to reflect professional auditing services appropriations as described in the attachment hereto.

PASSED, APPROVED AND ADOPTED this 20th day of June 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:

GENERAL FUND

WATER FUND
$1,000
$1,000
100
500
Appropriations:

GENERAL FUND-PROFESSIONAL SERVICES

WATER-PROFESSIONAL SERVICES
$1,000
$1,000
100-6030-5220
500-5000-5220
Reason(s) for Budget Amendment:

To align the expenses and revenues to the first quarter of FY 2022/2023 budget, staff is requesting budget amendments to the following funds:
• To appropriate additional funding for the professional auditing services agreement for additional major program added to the single audit reporting.

Department Director ________________________________ Date __________________ Approval Required Budget Amendment:

Finance Director __________________________ Date __________________ Signature
City Manager ___________________________________ Date __________________ Signature
City Council: Approved Resolution #_______ Denied Date _______________

REQUEST FOR BUDGET AMENDMENT
Resolution No. 2650

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-D

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM DAWN E. MARPLE, City Planner

SUBJECT
INFORMATIONAL – Submittal of a Conceptual Final Map Related to Revised Tentative Tract Map No. 6381 (Marshall Estates II)

EXECUTIVE SUMMARY
Gateway Engineering provided Staff a conceptual layout of a Final Map related to the Revised Tentative Tract Map No. 6381 (Marshall Estates II) to get a preliminary opinion as to whether the proposed layout substantially conforms to the approved Revised Tentative Map. This development is located north of the northeast corner of North Armstrong Avenue and East Adams Avenue.

The conceptual Final Map depicts 93 lots, whereas the approved Revised Tentative Map depicts 94 lots. In Staff’s opinion, the conceptual Final Map substantially conforms to the requirements of the approval and the Subdivision Ordinance, and Staff will recommend approval of the Final Map. Please note, however, that final approval of conformance rests with City Council pursuant to the City of Fowler’s Subdivision Ordinance Section 624.

Staff has advised the applicant to submit a Final Map, improvement drawings, and the adopted filing fee so Staff can begin the process of the Final Map and improvement plan review.

Following approval of plans and technical verification of the Final Map, Staff can schedule the map for consideration at a future City Council meeting.

Receipt of Final Map for Revised Tentative Map 6381
June 20, 2023

PUBLIC NOTICE
This is an informational item only and was agendized as such.

ENVIRONMENTAL REVIEW
This is an informational item only.

GENERAL PLAN CONSISTENCY
This is an informational item only.

FISCAL IMPACT
There is no impact on the General Fund as this is an informational item only.

CONFLICT OF INTEREST
This is an informational item only.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-E

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM SOO HO PARK, City Engineer

SUBJECT
APPROVE RESOLUTION No. 2651, a resolution directing the City Engineer to initiate and prepare the Engineer’s Report for the City’s Landscaping and Storm Drainage Facilities Maintenance District No. 1 for fiscal year 2023-2024.

EXECUTIVE SUMMARY
The directed Engineer’s Report will determine the appropriate assessment amounts that should be levied for the Landscaping and Storm Drainage Facilities Maintenance Districts No. 1 maintained by the City.

BACKGROUND
The City provides for the operations and maintenance of landscaping and storm drainage facilities within various improved developments throughout the City of Fowler. The City’s Landscape and Storm Drainage Facilities Maintenance District No. 1 (“LSDFMD No. 1”) was formed pursuant to the Landscaping and Lighting Act of 1972 (the “Act”) and provides for assessing parcels within these developed areas to fund these maintenance and operations activities.

To initiate this process for the levy of the annual assessment, the City Council must first adopt a resolution ordering the City Engineer to prepare an Engineer’s Report for consideration by the City Council. The City Council must approve the Engineer’s Report annually, which describes the improvements to be maintained and the costs and proposed assessments to be levied on the properties within LSDFMD No. 1. Approval of the levy of the annual assessment must be Approve resolution No. 2651 to initiate an Engineer’s Report for City’s Landscaping and Storm Drainage Facilities Maintenance District No. 1 for FY 23-24 June 20, 2023

completed by the City Council after conducting a public hearing at a regular meeting, prior to August 10, 2023.

The City Council should approve Resolution No. 2651, ordering the City Engineer to prepare an Engineer’s Report for fiscal year 2023-2024, in accordance with Streets and Highways Code section 22622.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Policy PF-4
Regularly evaluate and update, as necessary, development impact fees and other applicable City fees.

FISCAL IMPACT
The adoption of this resolution has no fiscal impact to the City.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2651
1 RESOLUTION NO. 2651

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

DIRECTING THE CITY ENGINEER TO INITIATE AND PREPARE THE ENGINEER’S REPORT FOR THE CITY’S LANDSCAPING AND STORM
DRAINAGE FACILITIES MAINTENANCE DISTRICT NO. 1
FOR FISCAL YEAR 2023-2024
WHEREAS, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, the City Council of the City of Fowler formed the Landscaping and Storm Drainage Facilities Maintenance District No. 1 of the City of Fowler (herein “LSDFMD No. 1”); and
WHEREAS, the City Council did thereafter levy and collect the first assessment and subsequent annual assessments for the maintenance and operation of the landscaping facilities in LSDFMD No. 1; and
WHEREAS, pursuant to Streets and Highways Code section 22622, in order to levy and collect the assessment for the LSDFMD No. 1, it is necessary for the City Engineer to prepare and file a report in accordance with the provisions set forth in Streets and Highways Code section 22565, et seq.; and
WHEREAS, City staff will confirm if there are any new improvements or if there will be any substantial changes to the existing improvements proposed for the LSDFMD No. 1 for Fiscal Year 2022-2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fowler hereby resolves as follows:

1. The City Council hereby designates and orders the City Engineer, to prepare and file an Engineer’s Report with the City Clerk for submission to the City Council, in accordance with sections 22622 and 22585, et seq. of the California Streets and Highways Code, and Section 4 of Article XIIID of the California Constitution for the assessment of the annual levy for LSDFMD No. 1 for Fiscal Year 2023-2024.
******
2 PASSED, APPROVED AND ADOPTED this 20th day of June 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-F

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE Resolution No. 2652 adopting a budget amendment for Fiscal Year 2022-2023 allocating $190,000 in Traffic Impact Fees for a pedestrian crossing at South and Bousian Avenues.

EXECUTIVE SUMMARY
This project will improve pedestrian safety, particularly those living south of South Avenue who want to cross the roadway to access Donny Wright Park.

BACKGROUND
With the popularity of Donny Wright Park, and the development of the K. Hovnanian Homes project at the southwest corner of South and Sunnyside Avenues, there is a need to facilitate safer pedestrian crossing at South Avenue. The project adds a crosswalk, raised pedestrian refuge island, removes an unneeded center turn lane, and add push-button lighted crossing signage to enhance safety. Provost & Pritchard will perform the design as a part of their on-call engineering services agreement. After design is complete, a bid will be advertised, and then a construction contract brought forward for City Council consideration.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

Approve Resolution No. 2652
June 20, 2023

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal CH-1
Opportunities for physical activity, such as walking and biking, are integrated into the built environment.

General Plan Goal OS-1
Open space areas form a connected network, linking Fowler’s residential neighborhoods to passive and active recreation opportunities.

General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.

General Plan Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.

General Plan Goal MOB-1
The circulation system is safe, connected, and well-integrated with public transit and neighboring jurisdictions.

FISCAL IMPACT
This project will be funded with development impact fees.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2652
- Budget Amendment
- Vicinity Map
RESOLUTION NO. 2652

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
APPROVING AND ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2022/23

ALLOCATING FUNDS FOR

A PEDESTRIAN CROSSING AT SOUTH AND BOUSIAN AVENUES
WHEREAS, the FY 2022/2023 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2022/2023 Annual Budget was approved by the City Council on June 7, 2022, by Resolution 2563, and any subsequent amendments must be approved by Resolution; and
WHEREAS, the budget amendment request attached hereto specifies the details of the project.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the Fiscal Year 2022/23 budget be amended to reflect a $190,000 appropriation as described in the attachment hereto.

PASSED, APPROVED AND ADOPTED this 20th day of June 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:
740 AB1600-Traffic Mitigation & Impact Fund $190,000
Appropriations:
7400-5710 Traffic Mitigation & Impact Funds – Improvements $190,000 Reason(s) for Budget Amendment:

To align the expenses and revenues for of FY 2022/2023 budget, staff is requesting budget amendments to the following funds:

To appropriate $190,000 for a pedestrian crossing at South and Bousian Avenues Department Director ________________________________ Date __________________ Approval Required Budget Amendment:

Finance Director __________________________ Date __________________ Signature
City Manager ___________________________________ Date __________________ Signature
City Council: Approved Resolution #_______ Denied Date _______________

REQUEST FOR BUDGET AMENDMENT
Resolution 2652
DATE:

OF
DESIGN ENGINEER:

JOB NO:

CITY OF FOWLER

FRESNO COUNTY

EXHIBIT B - MITIGATION MEASURES
MJH
4/6/2023
2619
1 1 4/6/2023 9:28 AMG:\Fowler_City of-2619\2619 On-Call Eng Svc\City Projects\Pedestrian Crossing South and Stanford\Exhibit.dwg -Trent Pires SANDY AVE S SUNNYSIDE AVE

SOUTH AVE HILL AVE

BOUSIAN AVE STANFORD AVE CITRUS AVE WALNUT DR

SOUTH AVE

HILL AVE

BOUSIAN AVE
(FUTURE SCHOOL LOCATION)
DONNY
WRIGHT
PARK

NEW MID-BLOCK CROSSING
SCALE: 1":30'

VICINITY MAP
SCALE: 1":200'

MID-BLOCK CROSSING

PROJECT LIMITS

WARNING SIGNS WITH

FLASHING BEACON

PEDESTRIAN CROSSING

SIGNS WITH FLASHING

BEACON AND PUSH BUTTON

YIELD SIGN AND MARKING

PEDESTRIAN CROSSING

SIGNS WITH FLASHING

BEACON AND PUSH BUTTON

WARNING SIGNS WITH

FLASHING BEACON

YIELD SIGN AND MARKING

PEDESTRIAN REFUGE
ISLAND

INSTALL HIGH VISIBILITY

CROSSWALK

CURB RAMP

EXISTING DRAINAGE

INLET TO REMAIN

EXISTING CURB

RETURN TO REMAIN

PEDESTRIAN CROSSING SIGNS WITH

FLASHING BEACON AND PUSH BUTTON

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-H

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM YVONNE HERNANDEZ, Recreation Supervisor

SUBJECT
APPROVE an agreement with Fresno Economic Opportunities Commission Food Services (Fresno EOC) to provide lunch meals for the City of Fowler's Senior Center program in an amount not to exceed $45,000 for Fiscal Year 2023-2024.

EXECUTIVE SUMMARY
Staff recommend approval of an agreement with Fresno EOC to provide lunch meals for the City of Fowler's Senior Center program in an amount not to exceed $45,000 for Fiscal Year 2023- 2024.

BACKGROUND
The Senior Center offers programs, wellness, fitness classes, social activities, and nutritious lunches to the City of Fowler's seniors Monday through Friday. On average, the Senior Center serves approximately 20 seniors per day. Fresno EOC, through their food preparation center, is able to provide a wide variety of affordable, nutritious, hot meals to serve the Senior Center participants. Fresno EOC delivers these meals directly to the center in advance of the lunch period, while ensuring they remain fresh and hot for the seniors. Fresno EOC is also able to accommodate fluctuations in the number of meals requested with 24-hour notice. Fresno EOC has been serving senior meals in the City for over a decade.

Staff has negotiated a per meal cost of $5.58 for Fiscal Year 2023-24. As outlined in the attached agreement, once approved, staff has the ability to extend the agreement for an additional 12-month term to June 30, 2025 with written notice to Fresno EOC. Fresno EOC Fresno EOC Food Service Agreement
June 20, 2023

may increase the cost per meal with notice to the City by July 1, 2024 which will allow the City time to include any cost increases in the Fiscal Year 2023-24 budget.

Due to the Fresno EOC’s ability to provide affordable, delivered, nutritious hot meals to the City of Fowler, the City Manager recommends that Council confirm dispensing with the competitive bid process and award the consulting services agreement to Fresno EOC consistent with the City of Fowler's Purchasing Policy dated April 2007, Section 7 - Exceptions to Purchasing Methods, Subsection I.

Staff believes Fresno EOC is uniquely qualified to provide the services outlined in this agreement because of their experience in providing similar services to many like jurisdictions; their long history of providing such services; the quality of their product and their price per meal. City staff would not be able to prepare this many meals at this price.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.

FISCAL IMPACT
Funds associated with this agreement are included in the FY 2023-24 budget, which was adopted by Council on June 6, 2023

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
-Fresno EOC Food Service Agreement
City of Fowler

FRESNO

ECONOMIC OPPORTUNITIES COMMISSION

FOOD SERVICE AGREEMENT
This AGREEMENT is made as of the day and date specified below, between the following parties:

FRESNO ECONOMIC OPPORTUNITIES COMMISION (Fresno EOC)
Food Services
3100 W. Nielsen
Fresno, CA 93706
and,

CITY OF FOWLER (CUSTOMER)
128 South Fifth Street
Fowler, CA 93625
AGREEMENT PERIOD: July 1, 2023 THROUGH June 30, 2024

1. Fresno EOC operates a food preparation center and is not an agent or employee of the City of Fowler. CUSTOMER has a need for food service as specified below. The purpose of this AGREEMENT is to state the terms and condition under which Fresno EOC will provide food services for the CUSTOMER.

2. Services to be Performed. Fresno EOC agrees to perform the following food services for CUSTOMER.
a. Provide lunch meals Monday through Friday (excluding designated holidays).
b. Meals will be delivered to CUSTOMER at 108 N. 3rd Street in time for 11:30 AM lunch serving time.
c. The representative menu is attached as Exhibit A. Menus will be based on meeting one third (1/3) of the daily minimum nutritional requirements.

Any changes to the basic menu must be mutually agreed upon. d. A complete food service checklist, which will include date, menu, number of meals and serving procedures, will be proved to CUSTOMER with each delivery.

City of Fowler

3. CUSTOMER’S Duties. CUSTOMER shall be responsible for and shall do the following:
a. Meal lunch counts to be faxed over before 12:00 noon the previous day of service. Fresno EOC FAX number for this purpose is (559) 266-3669 OR counts can also be emailed to [email protected] Cancellations or reductions in lunch meal will not be accepted. b. CUSTOMER shall cause the serving pans to be rinsed out and packed into the insulated containers for pickup. The serving pans and insulated containers will be picked up on the next service day.
c. CUSTOMER acknowledges that they are solely responsible for serving the meals and, in connection therewith, following any reasonable directions of Fresno EOC with regard to the serving of such meals.

CUSTOMER agrees that the meals shall be consumed during the lunch hour between 11:30 am and 12:30 p.m.

4. Menu substitution. Any snack or lunch substitutions requests must be directed to the Fresno EOC Preparation Center Nutritionist upon at least five (5) days written notice. CUSTOMER understands and agrees that the compliance with any such request shall be at the sole discretion of Fresno EOC.

5. Special meals, banquets, or other special food service requests must similarly be made by CUSTOMER to Fresno EOC upon at least five (5) days advance notice. Compliance with any such request shall be at Fresno EOC sole discretion.

6. In the event CUSTOMER requests any special meals, banquets, or special food service with Fresno EOC is willing to provide, the Fresno EOC shall give CUSTOMER a price at which Fresno EOC is willing to provide such service and the price, therefore, shall be as specified by Fresno EOC.

7. Payment. CUSTOMER agrees to compensate and pay Fresno EOC the following prices:

Lunch Price per meal: $5.58 (plus applicable tax). CUSTOMER’s meal orders may be up to 66 meals per day during the term of this Agreement, with the actual number to be confirmed in accordance with Section 3(a), above, which may be more or less than this estimate. CUSTOMER is not required to order a minimum number of meals, either daily or in the aggregate. The total contract amount payable to Fresno EOC shall not exceed Forty Five Thousand dollars ($45,000) (“Total Contract Amount”). CUSTOMER’s City Manager, in her sole discretion, may increase the Total Contract Amount by up to Ten Thousand dollars ($10,000.00) (“Contract Increase Amount”).

City of Fowler

a. In addition to the amount specified above, CUSTOMER agrees to pay Fresno EOC any applicable tax unless CUSTOMER provides
evidence to Fresno EOC that CUSTOMER is exempt from or not subject to the imposition of such tax.
b. Fresno EOC-FS will send an invoice to CUSTOMER on a monthly basis, and payment shall be due and payable within 20 days following the date of invoice. A late charge of 1 1/2% per month (18% per year) will be charged on past due accounts. Service will cease if full payment is not received within 30 days of the date of invoice. Payment shall be made to:

FRESNO EOC-Finance Office
ATTN: Food Services
1920 Mariposa Mall, Suite #330
Fresno, CA 93721
c. CUSTOMER shall be credited for any missing or unacceptable items under the direct control of the Food Preparation Center on a per-meal basis.

8. Terms of Agreement. The terms of this AGREEMENT shall commence July 1, 2023 and continue in full force and effect thereafter until June 30, 2024, unless sooner terminated upon not less than thirty (30) days written notice from either party to the other.
a. This Agreement may be extended by an additional term of twelve (12) months from July 1, 2024 to June 30, 2025 (“Extension Term”) in CUSTOMER’s City Manager’s sole discretion, upon written notice by CUSTOMER to Fresno EOC of such extension. CUSTOMER shall provide such notice by not later than July 1, 2024. Fresno EOC shall inform CUSTOMER not later than June 1, 2024 what the Lunch Price per meal will be for the upcoming Extension Term.
b. The Total Contract Amount and Contract Increase Amount shall apply to the Extension Term.

9. Hold Harmless. Fresno EOC shall hold CUSTOMER, its officers and employees, harmless and indemnify CUSTOMER against the payment of any and all costs and expenses, claims, suits and liability resulting from or arising out of or in any way connected with negligent or wrongful acts or omissions of Fresno EOC, its officers and employees, in performing or failing to perform any work, services or functions to be performed under this AGREEMENT.

City of Fowler

CUSTOMER shall hold Fresno EOC, its officers and employees, harmless and indemnify Fresno EOC against the payment of any and all costs and expenses, claims, suits and liability resulting from or arising out of or in any way connected with negligent or wrongful acts or omissions of CUSTOMER, its officers and employees, in performing or railing to perform any works, services or functions to be performed under this AGREEMENT.

10. Governing Law, Entirety or AGREEMENT, and Partial Invalidity. This AGREEMENT shall be governed by the laws of the State of California. It constitutes the entire AGREEMENT between the parties regarding its subject matter. If any provision in this AGREEMENT is held by any court to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force.

11. Insurance. Fresno EOC shall carry insurance coverage as provided in Exhibit B. A certificate of insurance will be provided upon request.

Record Keeping. Fresno EOC shall keep complete records relating to the provision of services under this Agreement. Fresno EOC shall be responsible and shall require its subcontractors to keep similar records. CUSTOMER shall be given reasonable access to the records of Fresno EOC and its subcontractors for inspection and audit purposes. Fresno EOC and each subcontractor shall provide similar access for inspection and audit purposes to the State of California, the Department of Health, Education and Welfare, the California Department of Aging, the Department of Health Services and the Department of Health and Human Services. Such records shall be maintained and open for inspection and audit for not less than four (4) years.

City of Fowler

EXECUTED AS OF THIS ________________ DAY OF ________________, 2023.

Fresno Economic Opportunities
Commission
Signature: ______________________
Name: Emilia Reyes_____________
Title: Chief Executive Officer_____
Date:__________________________
City of Fowler
Signature: _____________________________
Name: ________________________________
Title: _________________________________
Date:__________________________________
J:\wdocs\00250\001\agt\00882013.DOCX
City of Fowler

EXHIBIT A
Sample Menu
City of Fowler

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of this Agreement, Fresno EOC-FS shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Insurance shall be maintained at all times during Fresno EOC-FS’s performance of 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 of Fowler.
a. Minimum Limits of Insurance. Fresno EOC-FS shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $1,000,000 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. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Fresno EOC-FS 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 of Fowler, its officers, officials, employees, agents and volunteers.

If Fresno EOC-FS maintains higher limits than the minimums shown above, the City of Fowler 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 this Agreement, Fresno EOC-FS’s insurance coverage shall be primary insurance as respects the City of Fowler, 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 Fresno EOC-FS’s insurance and shall not contribute with it. (ii) Each insurance policy required by this section shall be endorsed to state that the City of Fowler shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein. (iii) Fresno EOC-FS grants to the City of Fowler a waiver of any right to subrogation which any insurer of Fresno EOC-FS may acquire against the City by virtue of the payment of any loss under such insurance. Fresno EOC-FS agrees to obtain any endorsement that may be necessary to affect this City of Fowler

waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
c. Evidence of Coverage. Fresno EOC-FS 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 Fresno EOC-FS’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Fresno EOC-FS’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 Fresno EOC-FS fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Fresno EOC-FS, and Fresno EOC-FS shall pay the cost thereof to City upon demand, and City shall furnish Fresno EOC-FS with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Fresno EOC-FS under this Agreement. e. Subcontractors. If Fresno EOC-FS should subcontract all or any portion of the work to be performed in this Agreement, Fresno EOC-FS 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 Fresno EOC-FS to City under this Agreement.

SENIOR IN-CENTER LUNCH JUNE 2023
Monday TuesdayWednesdayThursdayFriday
1 Build Your Own
Burrito
WG8" Flour Tortilla 1ea
Seasoned Ground
Beef 3oz
Refried Beans 1/4c
Shred. Cheese 1/2oz
Cabbage and
Cilantro 1 cup
Mixed Fruit 1/2c.
1/2pt 1%White Milk 1 ea.
2 BBQ Pork
Rib-B-Q Sand.

On Whole Wheat
Bun 1 ea.

Coleslaw 1/4c.

Steamed Carrots,
Sliced 1/2c
Pineapple Tidbits 1/2c.
1/2pt 1%White Milk 1 ea.
5 Chicken Stir Fry, onion
brocc,carrot,bellpep6oz.

WG Brown Rice 1/2c
Orange 1ea (113ct)
1/2pt 1%White Milk 1 ea.
6 Beef SalisburySteak w/
gravy 1ea.

Whole Wheat
Dinner Roll 1 ea.

Margarine pat.

Mashed Sweet Potato 1/3c
Sliced Apple 2oz 1pk.
1/2pt 1%White Milk 1 ea.
7 Vegetable Chili 3/4 c.

WW Bread 1 sl.

Margarine pat.

Choc. Pudding 1/2 c.

Peas & Carrots 1/2c.

Pineapple Tidbits 1/2c.
1/2pt 1%White Milk 1 ea.
8 Beef Patty 1ea
On Whole Wheat
Bun 1 ea.

Tomato, Lettuce, Onion
1 ea.

Cheese 1 sl.
*+Calif. Mix Veg. 1/2c.

Diced Pears 1/2c.
1/2pt 1%White Milk 1 ea.
9 Pork Chili Verde 1/2 c.

WG8" Flour Tortilla 1ea
Refried Beans 1/4c
Hi C Salad 1 Cup
Mixed Fruit 1/2c.
1/2pt 1%White Milk 1 ea.
12 Frankfurter 1ea
Whole Wheat
Hot Dog Bun
Steamed Carrots,
Sliced 1/2c
Ketchup 1 ea.

Mustard 1 ea.

Choc. Pudding 1/2 c.

Orange 1ea
1/2pt 1%White Milk 1 ea.
13 Beef Mtloaf w/grv 1ea.

Deluxe
Mashed Potatoes 1/2 c.

Italian Veg.1/2c.

Whole Wheat
Dinner Roll 1 ea.

Margarine pat.

Sliced Apple 2oz 1pk.
1/2pt 1%White Milk 1 ea.
14 WhlGrainChicken Bowtie
w/pesto sauce 3/4 cup
Sourdough Bread 1sl
Margarine pat.

Veg. Medley 1/2c.

Diced Pears 1/2c.
1/2pt 1%White Milk 1 ea.
15 Bk Chicken Drum. 2ea
WG Brown Rice 1/2c
Mashed Sweet Potato 1/3c
Mixed Fruit 1/2c.
1/2pt 1%White Milk 1 ea.
16 Beef Tostada 2 ea. w/
Seasoned Ground Beef
3oz
Refried Beans 1/2c
Shredded Lettuce 3/4c.

Shred. Cheese 2oz
Pineapple Tidbits 1/2c.
1/2pt 1%White Milk 1 ea.
19 Hearty Braised
Beef & Veg. 1 cup
Whole Wheat
Dinner Roll 1 ea.
margarine pat
Hi C Salad 1 Cup
Lemon Pudding 1/2c.

Diced Pears 1/2c.
1/2pt 1%White Milk 1 ea.
20 Whole Grain
Beef Stroganoff 1 c.

Steamed Carrots, Sliced
1/2c.

Sourdough Bread 1sl
Margarine pat.

Honeydew
Chunks 1/2 cup
1/2pt 1%White Milk 1 ea.
21 Santa Fe Chicken
Thigh 1ea.

WG Brown Rice 1/2c
*+Veg. Medley 1/2c.

Sliced Apple 2oz 1pk.
1/2pt 1%White Milk 1 ea.
22 Turkey breast 6 sl.
w/ chz on WW Brd 2 sl.

Tomato, Lettuce, Onion
1 ea.

Minestrone Soup 6oz.

Mixed Fruit 1/2c.
1/2pt 1%White Milk 1 ea.
23 Polish Sausage 1ea.
w/onion & bell pepper
Whole Wheat
Hot Dog Bun
Potato Salad 1/2 c.

Pineapple Tidbits 1/2c.

Ketchup 1 ea.

Mustard 1 ea.
1/2pt 1%White Milk 1 ea.
26 Chicken Meatballs 3ea.
w/ gravy
WG Brown Rice 1/2c
*+Calif. Mix Veg. 1/2c.

Orange 1ea
1/2pt 1%White Milk 1 ea.
27 Beef Patty 1ea
On Whole Wheat
Bun 1 ea.

Tomato, Lettuce, Onion
1 ea.

Cheese 1 sl.

Potato Salad ½ c
Diced Pears 1/2c.
1/2pt 1%White Milk 1 ea.
28 Spaghetti w/mtsauce 1c.

Hi C Salad 1 Cup
Sourdough Bread 1sl
Margarine pat
Mixed Fruit 1/2c.
1/2pt 1%White Milk 1 ea.
29 Pepper Steak 1ea
w/gravy
Mashed Sweet Potato 1/3c
Whole Wheat
Dinner Roll 1 ea.

Margarine pat.

Pineapple Tidbits 1/2c.
1/2pt 1%White Milk 1 ea.
30 WGBrd.Fish 1ea
WG Brown Rice 1/2c
Peas & Carrots 1/2c.

Sliced Apple 2oz 1pk.
1/2pt 1%White Milk 1 ea.

EXHIBIT A
Fresno EOC Food Services
Holiday / No Service Calendar
July 4, 2023 – Independence Day
September 4, 2023 – Labor Day
September 26, 2023 – (All Staff In-Service)
November 10, 2023 - Veteran’s Day
November 23, 2023- Thanksgiving Day
November 24, 2023 – Day after Thanksgiving
December 25, 2023 – Christmas Day
January 1, 2024 – New Year’s Day
January 15, 2024 – Martin Luther King Jr. Day
February 19, 2024 – Presidents Day
May 27, 2024 – Memorial Day

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 10-Ai

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE Resolution No. 2653 acknowledging acceptance of a report on the City’s compliance with SB 1205 and California Health & Safety Code 13146.4

EXECUTIVE SUMMARY
Annually, the City is required to conduct inspections of all public and private schools, hotels, motels, lodging houses, and apartment/condominium buildings, in accordance with California Health and Safety Code Section 13146.2 and 13146.3.

BACKGROUND
Background on State Mandate
On September 27, 2018, California Senate Bill 1205 (SB1205) became effective, and added a new section to the California Health and Safety Code which affects every fire department or fire district in the State. Existing state law requires every fire department or district providing fire protection services to inspect every building used as a public or private school annually. This same annual inspection requirement is applicable to hotels, motels, lodging houses, and apartment houses.

SB 1205 and California Health & Safety Code 13146.4 Compliance June 20, 2023

With the signing of SB 1205, the California Health Safety and Code was amended by adding Section 13146.4, that requires that all fire departments required to perform annual inspections pursuant to Sections 13146.2 and 13146.3 shall report annually to its administrating authority its compliance with Sections 13146.2 and 13146.3
The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code.

City Implementation
Staff conducted data collection to identify mandated buildings. This included researching and cross-referencing water utility account records, building department records, parcel records, and a drive-by inspection of all properties in Fowler.

Since January 2023, the City has conducted 21 of the 38 mandated annual inspections. 100% of educational facilities and hotels were completed. Overall, the City has completed 55% of its annual inspections of all known mandated buildings that are included within the mandate for fiscal year 2022-23.

Staff continue to conduct additional inspections and will begin scheduling reinspections in response to deficiencies observed during initial inspections to achieve 100% compliance.

The acceptance of this compliance report and the recommended Resolution fulfill the statutory requirements contained in California Health and Safety Code Section 13146.2, 13146.3 and 13146.4, as amended by SB1205.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is consistent with:

Goal SAF-4
Minimize risk from hazardous materials, flooding, seismic, and fire hazards.

Policy SAF-29
Promote education programs related to fire safety, fire prevention, and emergency preparedness.

SB 1205 and California Health & Safety Code 13146.4 Compliance June 20, 2023

FISCAL IMPACT
There is no fiscal impact with the filing and acceptance of this report.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2653
RESOLUTION NO. 2653

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER ACKNOWLEDGING RECEIPT OF A REPORT ON THE CITY’S COMPLIANCE WITH SB1205 AND SECTION 13146.4 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS, Section 13146.4 was added to the California Health & Safety Code in 2018, and became effective September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the City of Fowler, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided and,
WHEREAS, the City intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the City’s compliance with California Health and Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fowler expressly acknowledges the measure of compliance of the City with California Health and Safety Code Sections 13146.2 and 13146.3 in the jurisdictional area of the City, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:
• Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.
• Within the City, there lie seven (7) known Group E occupancies, buildings, structures and/or facilities.
• Since January 2023, the City completed the annual inspection of seven (7) Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

B. RESIDENTIAL GROUP R OCCUPANCIES:
• Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.
• Within the City, there lie 30 known Group R (and their associated subcategories) occupancies of this nature. • Since January 2023, the City completed the annual inspection of 13 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 43% for this reporting period.

C. INSTITUTIONAL GROUP I OCCUPANCIES:
• Institutional Group I occupancies, for the purpose of this resolution, are generally care or supervision to persons who are incapable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. • Within the City, there are no known Group I occupancies, buildings, structures or facilities.

PASSED, APPROVED AND ADOPTED this 20th day of June 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 10-Aii

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
Actions pertaining to fire planning and prevention:
1) APPROVE an agreement with Fresno County Fire Protection District (FCFPD) for fire prevention and code compliance services.
2) APPROVE Resolution No. 2654 amending the City’s Master Fee Schedule.

EXECUTIVE SUMMARY
With approval of this agreement, FCFPD will begin providing fire prevention and planning services. These were previously contracted with Fire Safety Solutions, Inc (FSS). Contracting with FCFPD will simplify the process, and result in time savings for applicants and City Staff.

BACKGROUND
Over the past two years, as Staff worked to revise streamline the processes for entitlement and building permit processing, it became clear there were a number of deficiencies in the business processes related to fire plan check and inspections. Staff began contracting with consultants to provide these services. Most recently, they are being provided by FSS. As Staff have continued to refine business processes, it became clear there are many interfaces between fire prevention and planning, and fire response. In meeting with FCFPD, Staff determined that the City contracting directly with FCFPD to provide these services would result in a process that was more accurate, more timely, and more straightforward to applicants.

Actions pertaining to fire planning and prevention
June 20, 2023

When a project requires fire plan check and inspections, applicants will submit plans for plan check, pay the appropriate fee, and request inspections directly through FCFPD. For entitlement processing, City staff will work with FCFPD to provide comments regarding site plan review and other submittals. FCFPD also contracts with FSS for plan check services, so the transition will be easy for both applicants and City staff.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is consistent with:

Goal SAF-4
Minimize risk from hazardous materials, flooding, seismic, and fire hazards.

Policy SAF-29
Promote education programs related to fire safety, fire prevention, and emergency preparedness.

Policy SAF-30
Consult the Fire Department during the review of development proposals to ensure projects adequately address safe design and comply with applicable fire and building codes.

FISCAL IMPACT
Fee-based activities for projects and compliance will be paid directly to FCFPD by applicants.

Some enforcement costs and plan review costs may be paid directly by the City, but then recouped through administrative citations and City fees.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement & Exhibits
- Resolution No. 2654 & Exhibit A
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
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FRESNO COUNTY FIRE PROTECTION DISTRICT
AND

THE CITY OF FOWLER
AGREEMENT FOR FIRE PREVENTION and CODE COMPLIANCE SERVICES This Agreement for Fire Prevention and Code Compliance Services (“Agreement”) is entered into and effective on July 1, 2023, by and between The Fresno County Fire Protection District (hereinafter referred to as “District”) and the City of Fowler (hereinafter referred to as “City”).

RECITALS
WHEREAS, the parties intend that this Agreement shall pertain to the areas within the Fowler City limits referred to herein as the “City Service Area”; and WHEREAS, the City currently lacks qualified staff to perform fire prevention and compliance plan reviews, site inspections for fire code compliance and enforcement, and other related fire prevention services; and
WHEREAS, the District employs with qualified personnel to perform fire prevention and compliance plan reviews, site inspections for fire code compliance and enforcement, and other related fire prevention services, all as described in Exhibit “A” attached hereto and incorporated herein by reference (all such described services are hereinafter referred to as the “Services”); and
WHEREAS, City desires to retain District, and District desires to provide the City with the Services as described herein and on the terms and conditions as set forth in this Agreement.

AGREEMENT
NOW THEREFORE, the parties agree:

SECTION I: PURPOSE AND SCOPE OF SERVICES
A. The purpose of the Agreement is to arrange for the District to provide the City with Fire Prevention and Code Enforcement Services in the City Service Area. The scope of the Services to be provided by the District pursuant to this Agreement are described in “A” attached hereto, including but not limited to the following:

1. Provide conditioning letters

2. Provide over-the-counter meetings at the District’s Plan Review Office in Sanger

3. Provide plan reviews
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
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4. Provide field inspections

5. Respond to insurance inquiries

6. Provide annual State mandated inspections for schools, apartments, hotels, motels, and jails

7. Fire and life safety inspections (A, B, M, F, and S Occupancies)

8. Fire and life safety inspections requiring annual use permits

9. Hydrant flow testing

10.Code compliance, including weed abatement

11.Fireworks permits and inspections

12.Alternative Means and Methods Request (AMMR) reviews SECTION II: DESIGNATION OF FIRE CHIEF
A. The District Fire Chief appointed by the Board of Directors of the District, or his designee, (hereinafter referred to as “Fire Chief”) shall represent the District during the period of this Agreement and the Fire Chief shall, under the supervision and direction of the District’s Board of Directors, have charge of the organization described in Exhibit “A”, attached hereto and made a part hereof, for the purpose of providing the Services required by this Agreement, except where other agencies of government have responsibility for the same or similar Fire Prevention and Code Compliance Services.

B. The City shall assign a designee as the City contract representative (“City of Fowler Representative”). The Fire Chief shall communicate with the City of Fowler Representative for directing the Fire Prevention and Code Compliance Services provided to City. No City personnel, officers, agents’ representatives, or employees are deemed employees of District as a consequence of this Agreement.

C. The District shall have sole discretion in the assignment of available personnel and equipment in providing the Services.

SECTION III: PAYMENT FOR SERVICES
A. The District will charge the requesting party for the Fire Prevention and Code Compliance Services provided.

B. The District retains the right to update and revise the District’s Fee Schedule described in Exhibit “A” as needed without the need to amend or modify this Agreement.

SECTION IV: INITIAL TERM, RENEWAL AND EARLY TERMINATION A. The term of this Agreement shall be from July 1, 2023 to June 30, 2025.

This Agreement shall automatically be extended for an additional term of twelve (12) months from July 1, 2025 to June 30, 2026 (“Extension Term”), upon the same terms and for the same Services, except as otherwise agreed upon by the parties in writing. unless either party provides notice of non-renewal not later than April 1, 2025.

Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
3 of 12
B. The same scope of Services shall apply to the Extension Term unless the parties agree in writing to a modification. The District shall give the City written notice not later than April 1, 2025, of any proposed changes to the Services to be provided under the Extension Term. The City shall have until May 1, 2025, to consider such proposed changes by District and give written notice to District of non-renewal of this Agreement.

Either party may provide written notice of non-renewal to the other party no later than May 1, 2025. Failure to provide written notice of non-renewal by May 1, 2025, shall result in this Agreement automatically extending for the Extension Term, except as otherwise agreed upon in writing.

C. If a notice of non-renewal is given unilaterally by either the District or City, the District agrees to continue to provide Fire Prevention and Code Enforcement Services to the City, for up to one year from the date of the notice of non-renewal to provide the City a reasonable opportunity to implement alternative Fire Prevention and Code Enforcement Services.

D. During the initial term, the City shall give the District written notice anytime the City intends to change the level of Fire Prevention and Code Enforcement Services from that provided by this Agreement.

E. Notwithstanding any provision to the contrary herein, after June 30, 2025, the City shall have the right to cancel or terminate this Agreement in whole, at any time upon six (6) months’ written notice to the District Fire Chief.

SECTION V: AUTHORITY
The City shall grant the District authority to act on its behalf for the Services. The District shall respond to requests to perform Services as requested by City.

SECTION VI: INDEMNIFICATION
A. The District and the City hereby agree to indemnify, defend and hold the other party, its governing board or council, officials, officers, employees, agents, attorneys 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, or alleged to arise out of or in connection with the performance of Services under this Agreement to the fullest extent permitted by law, unless the injuries or damages are the result of the non-indemnifying party’s sole negligence or willful misconduct, subject to any limitations imposed by law. The District and the 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.

B. Prior to commencement of Services, the City and District shall procure and maintain at its own expense liability insurance coverage in an amount of not less than ONE MILLION dollars ($1,000,000.00) naming each other as an additional insured for the Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
4 of 12
performance of Services under this Agreement. Each party shall provide the other with a Certificate of Insurance showing proof of such coverage.

SECTION VII: AUDIT
The District and City each agree that their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The District and City each agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

SECTION VIII: DISPUTES
The City of Fowler Representative shall be available for contract resolution or policy intervention with the District, when, upon determination by the Fire Chief that a situation exists under this Agreement in which a decision to serve the interest of the City has the potential to conflict with the District interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not resolved within ten (10) working days shall be brought to the attention of the City of Fowler Representative.

Disputes that are unable to be resolved by the City and the District representatives will attempt to be resolved through arbitration. If arbitration is unsuccessful, notwithstanding any authority to the contrary, the parties agree that the venue for litigation will be in the Superior Court of the County of Fresno.

SECTION IX: ATTORNEY’S FEES
In the event of arbitration or litigation between the District and the City to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party in such action agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such arbitration or litigation.

SECTION X: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

FRESNO COUNTY FIRE

PROTECTION DISTRICT CITY OF FOWLER
Fire Chief City Manager
210 S. Academy Ave. 128 S. 5th St.

Sanger, CA 93657 Fowler, CA 93625
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
5 of 12
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.

SECTION XII: PERFORMANCE REPORTING
At least annually but also upon request by the City, the District shall provide the following performance measures specific to the City’s Service Area for the scope of services described in Section I B of this agreement.:

Number of Conditioning Letters created
Number of Over-the-Counter meetings held
Number of Plan Reviews completed
Number of Field Inspections completed
Number of Insurance Inquiries responded to
Number of Annual State Mandated Inspections for
Schools, Apartments, Hotels, Motels, Jails completed
Number of Fire and Life Safety Inspections completed
SECTION VIII: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of the Services. This Agreement may be amended or modified only upon the mutual written agreement of the parties hereto. This Agreement does NOT supplement or modify other existing agreements between the parties.

Signatures on the next page
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
6 of 12
IN WITNESS WHEREOF, the duty authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

Dated: _________________________ CITY OF FOWLER
Wilma Tucker
City Manager
ATTEST: APPROVED AS TO FORM:

Angela Vasquez Scott G. Cross
City Clerk City Attorney
Dated: ___________________________ FRESNO COUNTY FIRE

PROTECTION DISTRICT
By: ___________________________
President, Board of Directors
ATTEST: APPROVED AS TO FORM:

By: _____________________ ______________________________ Clerk of the Board FRESNO COUNTY FIRE

PROTECTION DISTRICT

LEGAL COUNSEL

Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
7 of 12
EXHIBIT A – FEE SCHEDULE
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
8 of 12
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
9 of 12
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
10 of 12
Agreement for Fire Prevention and Code Enforcement Services City of Fowler
July 1, 2023 to June 30, 2025
11 of 12
RESOLUTION NO. 2654

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER

AMENDING THE MASTER FEE SCHEDULE RELATED TO FIRE FEES
WHEREAS, the City of Fowler contracts with Fresno County Fire Protection District for fire planning and prevention services; and
WHEREAS, the Fresno County Fire Protection District Board of Directors sets fees as prescribed by State law; and
WHEREAS, the rates set forth in Exhibit A reflect those reasonable costs charged by Fresno County Fire Protection District; and
WHEREAS, it is in the best interest of the City in order to promote the public safety of Fowler residents that the City Council adopt these fees.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that:

1. The fire safety inspection fees set by Resolutions 2546 and 2626 are hereby repealed in their entirety.

2. The City of Fowler adopts the most current Fresno County Fire Protection District "Prevention and Planning Fee Schedule" as shown in Exhibit A.

3. Fees shall be adjusted automatically whenever the Fresno County Fire Protection District Board of Directors authorizes revisions to their Fee Schedule.

PASSED, APPROVED AND ADOPTED this 20th day of June 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk

FRESNO COUNTY FIRE

PROTECTION AND PLANNING FEE SCHEDULE
Revision 7/1/2021
Activity Fee
Site Plan Review (Over-the-Counter Meetings) No Charge
Site Plan Review
 Includes up to one (1) hour of time. . $122.00
Pre-Plan Submittal Site Inspection
On-site consultation $224.00
Plan Review, non-sprinkler, no alarm (includes) $381.00  One (1) Plan review, two (2) back checks
 One (1) On-site acceptance test/final inspection.
 $10.00 Archiving Fee
Not to be used for alarm/sprinkler/suppression systems
Plan Check Resubmittal $126.00
Fire Alarm System – New Construction $724.00
 One (1) Plan review, one
 One (1) Rough inspection, functional test, battery start One (1) Battery ring-out/final inspection.
 $10.00 Archiving Fee
Each additional device: $7.00
This fee is for the alarm panel and the first 10 initiation/detection devices Underground System and Water Storage Tank (New Construction) $811.00  One (1) Plan review
 One (1) Inspection of the trench/thrust block and laid pipe  Hydro test/flush completed w/trench
 Final Inspection
 $10.00 Archiving Fee
Tentative Improvement Fire Alarm $257.00
 One (1) Plan review
 One (1) Inspection/final
 $10.00 Archiving Fee
PROTECTION DISTRICT 210 South Academy Avenue
Sanger, California 93657
Telephone: (559) 493-4300
Fax: (559) 875-7451
www.fresnocountyfire.org

EXHIBIT A

Activity Fee
Overhead fire sprinkler system fees are calculated on a per riser basis.

Overhead Fire Sprinkler System – Tenant Improvement $782.00  One (1) Plan review
 One (1) Weld inspection, pre-pipe
 One (1) Rough inspection
 Final Inspection
 $10.00 Archiving Fee
Overhead Fire Sprinkler System – New System (20 or fewer heads) $991.00  One (1) Plan review
 One (1) Weld inspection, pre-pipe
 One (1) Rough inspection
 Hydro test/flush
 Final inspection
 $10.00 Archiving Fee
Overhead Fire Sprinkler System – New System (21 to 100 heads) $1,035.00  One (1) Plan review
 One (1) Weld inspection, pre-pipe
 One (1) Rough inspection
 Hydro test/flush
 Final inspection
 $10.00 Archiving Fee
Overhead Fire Sprinkler System – New System (101 to 300 heads) $1,079.00  One (1) Plan review
 One (1) Weld inspection, pre-pipe
 One (1) Rough inspection
 Hydro test/flush
 Final inspection
 $10.00 Archiving Fee
 Additional heads over 300 – New System (cost per head) $2.06 Fire Pump $449.00
 One (1) Plan review
 One (1) On site acceptance test/final inspection.
 $10.00 Archiving Fee
Residential Fire Sprinkler System $663.00
 One (1) Plan review
 One (1) Rough inspection
 Final Inspection
 $10.00 Archiving Fee
The fee is the same with or without a fire alarm system Inert Gas, Halon, Carbon Dioxide, Foam or other Special System $483.00  One (1) Plan review
 One (1) Inspection/final
 $10.00 Archiving Fee

Activity Fee
Kitchen Hood System $483.00
 One (1) Plan review
 One (1) Acceptance test/final inspection.
 $10.00 Archiving Fee
Spray Booth $439.00
 One (1) Plan review
 One (1) Acceptance test/final inspection.
 $10.00 Archiving Fee

Above Ground or Below Ground Storage Tanks $439.00
 One (1) Plan review
 One (1) Acceptance test/final inspection.
 $10.00 Archiving Fee .

FIRE CODE ENFORCEMENT AND SAFETY INSPECTIONS
Facilities Life Safety Inspection $ 92.00
 One (1) On-site inspection; Prevention Staff (charge hourly rate) New Business, License Inspection, Life Safety $180.00
 One (1) On-site inspection
Pre-Inspection Licensed Facility (1-25 Clients) $180.00  One (1) On-site inspection
Pre-Inspection Licensed Facility (Over 25 Clients) $224.00  One (1) On-site inspection
Hydrant Flow Test - Minimum $224.00
 Flow Test
Multi-family Dwelling Inspection $224.00
 One on-site Inspection
Fireworks Storage Permit $677.00
 One (1) Permit review
 One (1) Approval Inspection
 One (1) Compliance Inspection
Retail Fireworks Sale Permit $354.00
 One (1) Permit Review
 One (1) Compliance Inspection
 One (1) Re-inspection
 $100 non-refundable deposit, added to total fee when all paperwork is received

Activity Fee
Public Fireworks Display Permit $697.00
 One (1) Permit review
 One (1) Pre-Inspection
 One (1) Compliance Inspection
 One (1) Re-Inspection

MISCELLANEOUS FEES
Alternative Methods Evaluation and Research $126.00
 One (1) On-site inspection
Outside Consultant Service (per hour) not currently used $0.00 Per hour
Occupant Load Calculations - Minimum $219.00
 One (1) On-site inspection, documentation
Will Serve Letter $219.00
 One (1) Field inspection
 Research into fire station locations, response time & water system  Written correspondence
Property Environmental History Research $ 92.00
 Due diligence records search
Service Fee for Archived Plans Retrieval $ 88.00
 Research and printing
Request for Paper Copies of Documents (non-victim) $ 5.00  Document search
Re-inspection Fee $224.00
 Inspection
Civil Depositions Requests $275.00
Fee (gov. code sets rate)
Express Plan Review Service
Available option to expedite project plan review. Availability dependent on available staff, project complexity and inspector workload. supervisor approval required. Double standard fee

NOTES:

1. All fees or charges shall be calculated at a one hour minimum unless otherwise specified.

2. All fees for specified services shall be calculated by Fresno County Fire Protection District.

3. Whenever a requestor fails to cancel a requested inspection, at least one hour prior to the scheduled time of the inspection, a $96 fee may be charged.

4. Work done without a permit may be charged up to three (3x) times the plan review and inspections fee.

5. When required, no permit or approval shall be issued until such facility or process is brought into compliance with applicable codes and the required fees are paid in full.

6. Any collection cost, attorney fees or fines will be billed at the actual cost of the service and in addition to those costs you will be billed an administrative fee of 18% of the total fee charge.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 10-Bi

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE an agreement with Provost and Pritchard Consulting Group for on-call planning services on a time and materials basis not to exceed $200,000 through June 30, 2024 and authorize the City Manager to negotiate such agreement.

EXECUTIVE SUMMARY
On-call planning services constitute key city planning and development functions such as predevelopment consulting, entitlement processing, preparation of environmental documents, plan check, inspections, and preparation and presentation of materials at Planning Commission and City Council.

BACKGROUND
Provost & Pritchard Consulting Group (P&P) has provided on-call planning services for the City Fowler for many years. Dawn Marple has been the assigned City Planner since 2016. The previous on-call planning services agreement had lapsed and staff committed to bringing an updated agreement for City Council consideration after General Plan adoption. P&P is a highly qualified firm with extensive experience in Fowler and with related agencies with whom the City interacts. Staff have also encountered numerous cost savings and efficiencies since transitioning city engineering services to P&P.

This agreement provides for P&P staff on site in Fowler two days per week, and additional staff made available, as necessary to complete the assigned work. In addition, the rates charged to Approve an Agreement with Provost & Pritchard Consulting Group June 20, 2023

the City for office hours for principal planner Dawn Marple will be at a lower rate than for hours charged for fee-based projects.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is necessary to provide basic planning and development functions in support of the General Plan, and in compliance with State law.

FISCAL IMPACT
Expenses for on-call civil planning services are included in the fiscal year 2023/24 adopted budget. Additionally, many of these costs are offset by developer fees for services and grant reimbursements.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Draft Agreement
- Draft Agreement, Exhibit A

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 Provost & Pritchard Engineering Group, Inc., d.b.a., Provost & Pritchard Consulting Group, a California corporation ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on June 20, 2023 ("Effective Date").

RECITALS
A. City desires to obtain services for on-call 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 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 two hundred thousand dollars ($200,000) per fiscal year. The hourly rates in Exhibit A are effective through June 30, 2024 and may be renegotiated through a formal written request.

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 2 otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt 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 professional 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. City 3 agrees that if any of the Work Product are re-used or modified and re-used on another project and Consultant is not retained to provide services in connection with such or re-use, Owner shall indemnify and hold Consultant harmless from and against any and all losses, liabilities, damages, actions, causes of action, costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred by Consultant and caused by such re-use or modified re-use. 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. Nothing herein restricts Consultant from using its standard details and conventions to provide professional services to other clients. 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.

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 represents 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 or Consultant: For Convenience. Either party may, at their discretion, terminate this Agreement for convenience and without cause upon ninety (90) days prior written notice to the other party. 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. 4 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 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, 5 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.

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. 6 29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

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, 7 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.

PROVOST & PRITCHARD CITY OF FOWLER

CONSULTING GROUP
Heather Bashian, PE Wilma Tucker
Director of Operations City Manager
Date: Date:

Provost & Pritchard Consulting Group, Inc. City of Fowler 455 West Fir Avenue 128 South 5th Street
Clovis, CA 93611 Fowler, CA 93625
(559) 449-2700 (559) 834-3113
Approved as to Form: Attest:

Scott G. Cross Angela Vasquez
City Attorney City Clerk
Date: Date:
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 B. 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 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. 455 W Fir Ave • Clovis, CA 93611-0242 • Tel: (559) 449-2700 www.provostandpritchard.com
\\ppeng.com\pzdata\clients\Fowler_City of-2619\2619 On-Call Planning Services\_Project Management\2023-0613 City of Fowler Planning Services.docx Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]
June 13, 2023
Thomas W. Gaffery, IV
Community and Economic Development Director
City of Fowler
128 S. Fifth Street
Fowler, CA 93625

RE: City of Fowler On-Call Planning Services
Dear Mr. Gaffery:

We understand that Dawn Marple has been providing contract planning services to the City of Fowler since 2016. Provost & Pritchard greatly appreciates the opportunity to continue the role currently filled by Dawn Marple.
• City office hours would be provided two (2) days per week on Tuesday and Wednesdays. Regular office hours would be from 9:00 AM until 5:00 PM, or as directed by the City Manager. • The assigned Provost & Pritchard principal planner is Dawn Marple. Additional members of Provost & Pritchard’s planning staff would be made available, as directed by the City Manager. • Office hours would be serviced by Dawn Marple or other planners, as assigned. • Dawn Marple would be available for 16 hours a week, as needed. An Assistant Planner or Associate Planner would be available for 8 hours per week, as needed. • The City Council generally meets on the 1st and 3rd Tuesday of the month at 6:00 pm. Dawn Marple is the assigned planner for these meetings, as needed.
• The Planning Commission generally meets on the 1st Thursday of the month at 6:30 pm. Dawn Marple is the assigned planner for these meetings, as needed. • Except at the direction of the City Manager, Provost & Pritchard would try to avoid having more than one planner participate in or attend the same task (e.g., Planning Commission meeting). • The rates charged to the City for office hours for principal planner Dawn Marple will be at $147/hr.

All Project-specific hours will be charged in accordance with the table attached (See Attachment A) for the time periods outlined.
• Other staff types would be billed consistent with our fee schedule, in effect at the time the work is completed.
• At the request of the City Council, Provost & Pritchard will not charge a markup on mileage reimbursements, but instead will charge at the Internal Revenue Service (IRS) established mileage rate (currently $0.655 per mile but subject to change at the discretion of the IRS).

Provost & Pritchard will provide the following consulting planning services at the direction of the City Manager and/or Community Development Director.

City of Fowler June 13, 2023
On-Call Planning Services Page 2 of 3
\\ppeng.com\pzdata\clients\Fowler_City of-2619\2619 On-Call Planning Services\_Project Management\2023-0613 City of Fowler Planning Services.docx • Coordination with City Staff, including the City Manager, City Attorney, City Engineer, Public Works Director, Community Development Director, and Police Department on planning matters and the preparation of resolutions, ordinances and municipal code amendments. • Processing of planning applications, including site plans, use permits, plan amendments, rezones, annexations, and parcel/tract maps. Processing services include preliminary applicant meetings; review of applications; coordination of staff and public agency review; preparation of legal notices; preparation of staff reports and resolutions/ ordinances; presentation at Planning Commission, City Council, and other agency public hearings; and project file close-out. • Coordination of the CEQA process, including preparation of initial studies, categorical exemptions, and negative declarations; circulation of environmental documents; response to comments; and filing of notices with the County Clerk and State Office of Planning and Research. Coordination of the EIR process as required.
• Coordination with various consultants under contract with the City, applicants, and/or regional agencies, including initial input and review and comment on draft and final reports. • Preparation of planning documents, including the Housing Element, Zoning Ordinance, General Plan update, and redevelopment plans. Major planning projects may be subject to separate proposal and agreement.
• Attendance and representation at meetings on regional issues, including Fresno County, Fresno LAFCO, and Fresno COG.
• Other such matters as may be directed from time to time by the City Manager.

Respectfully,
Provost & Pritchard Consulting Group
Dawn E. Marple, Principal Planner
Heather Bashian, Director of Operations

Attachment A: City of Fowler Hourly Rate Schedule
City of Fowler June 13, 2023
On-Call Planning Services Page 3 of 3
\\ppeng.com\pzdata\clients\Fowler_City of-2619\2619 On-Call Planning Services\_Project Management\2023-0613 City of Fowler Planning Services.docx Attachment A: City of Fowler Hourly Rate Schedule
455 W Fir Ave • Clovis, CA 93611-0242 • Tel: (559) 449-2700 www.provostandpritchard.com
\\ppeng.com\pzdata\clients\Fowler_City of-2619\2619 On-Call Planning Services\_Project Management\2023 Fowler Rates_Planning_F.docx Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]
City of Fowler
Hourly Rate Schedule
(Effective 7/1/2023 to 6/30/2024)

CLASSIFICATION PROJECT RATE
Fowler City Planner $188
Principal Planner $188
Senior Planner $173
Associate Planner $138
Assistant Planner $110
Principal Biologist $138
Associate Biologist $164
Assistant Biologist $172
Administrative Assistant $100
Project Administrator $108
Reimbursables
(Effective 7/1/2023 to 6/30/2024)

DESCRIPTION RATE
Mileage Current IRS Rate
Direct Costs Actual Cost
Provost & Pritchard Consulting Group will perform services on a time and materials basis, in accordance with the above Fee Schedule. These fees will be invoiced monthly, as they are accrued, including reimbursable expenses.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 10-Bii

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE a First Amendment to the Agreement with Toole Design Group, LLC in the amount of $48,830 for visual identity design services

EXECUTIVE SUMMARY
This scope of work will result in Toole Design Group, LLC (Toole) conducting design analysis, engagement, and ultimate development of visual identity materials and design guidelines. These guidelines will include colors, fonts, logo usage, and other visual elements.

BACKGROUND
As a part of their initial work related to the Downtown Streetscapes Plan, Toole completed extensive community engagement and learned a great deal about the community, relationships and connections, goals, and identity. Staff requested Toole provide a Statement of Qualifications for visual identity design services. Staff consider Toole to be uniquely qualified to perform this work based on their skilled staff, experience with similar scopes of work for other municipalities, and knowledge of the Fowler community. Toole’s work will include opportunities for community engagement and feedback from Council and other stakeholders.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

Approve a First Amendment to the Agreement with Toole Design Group, LLC June 20, 2023

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Action Item CDES-1a
Develop a branding package for the City of Fowler, including the development of gateway signage standards and a series of print and web graphics that create a cohesive design for the City.

FISCAL IMPACT
American Rescue Plan Act (ARPA) funds were previously appropriated to fund a portion of this project and the remainder will be allocated from general fund sources.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- First Amendment
- First Amendment, Exhibit A
- Agreement

FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED AUGUST 16, 2022 BETWEEN THE CITY OF FOWLER AND TOOLE DESIGN GROUP, LLC A. The City of Fowler (“City”) desires modifications to the products and services beyond the scope of the Agreement for professional services, dated August 16, 2022 (“Agreement”).

B. The June 30, 2023 Agreement termination date as stated in Section 3 of the Agreement is revised to June 30, 2024.

C. The total amount paid by the City to Toole Design Group, LLC as stated in Section 4 of the Agreement is currently listed as Eighty-Two Thousand Two Hundred Thirty-Four Dollars ($82,234). The total amount to be paid pursuant to the Agreement is hereby revised by Forty-Eight Thousand Eight Hundred and Thirty Dollars ($48,830) to an amount not to exceed One Hundred Thirty-One Thousand Sixty-Four Dollars ($131,064).

D. An additional scope of work, as further described in EXHIBIT A, authorizes Toole Design Group, LLC to provide visual identity design services. EXHIBIT A shall become a substantive part of the Agreement.

E. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment on June 20, 2023.

TOOLE DESIGN GROUP, LLC CITY OF FOWLER
__________________________
Name: Wilma Tucker
Title: City Manager
Date: Date:
8484 Georgia Avenue, Suite 800 128 South 5th Street
Silver Spring, MD 20910 Fowler, CA 93625
(301) 927-1900 (559) 834-3113
MARCH 7, 2023

STATEMENT OF QUALIFICATIONS

CITY OF FOWLER

VISUAL IDENTITY DESIGN

March 7, 2023
Thomas W. Gaffrey IV
Community & Economic Development Director
128 South Fifth Street, Fowler, CA 93625
RE: City of Fowler Visual Identity
Dear Thomas,
Toole Design Group is pleased to submit our Statement of Qualifications for the City of Fowler Visual Identity. We have reviewed your Task Order and have assembled a team that we are confident possesses the combination of skills and understanding needed for this exciting project.

Toole Design has been honored to work with the City of Fowler to re-imagine their downtown streetscapes, and is eager to continue and extend that work by assisting with your Visual Identity needs. As you are aware, our Urban Design Group specializes in helping communities like yours recognize, articulate, and implement their own distinctive voice. Our Environmental Graphic Design Team, led by Senior Designer Erin Williams, works to define the visual building blocks of these placemaking efforts, through logo design, brand extension, and collateral design, with a particular emphasis on signage and wayfinding. We believe that branding for places is different than your average branding project, and we structure the design process with branded applications in mind that are relevant to your needs as both a destination and a government entity.

We are excited for the opportunity to continue our work with the City of Fowler. If you have any questions, please contact our Project Manager, Erin Williams (contact details below).

Sincerely,
Jessica Fields, PE, AICP
Regional Operations Director, Western U.S. and Texas

ENVISIONING WHAT COULD BE, THEN BUILDING IT
414 BILL KENNEDY WAY SE
SUITE 202
ATLANTA, GA 30316
470.800.9525
TOOLEDESIGN.COM
CONTACT:

Erin Williams, SEGD, AIGA
[email protected], 213.257.8680 x269
The City of Fowler, California has a layered history
and incredibly strong community connections that are
under-represented in its visual applications. Its history as a rail town, its charming architectural heritage, its diverse and vibrant community, and its tradition of
incredible city and regional events are all waiting to be discovered.

At the same time, an active local government and
invested community have developed a momentum
around the improvement of downtown and the
re-definition of the City as a whole. Fowler’s
residents are proud of their town’s history, its role
in the development of the region, and of Fowler as
a wonderful place to call home. It is this feeling of
connectedness that we believe defines the core of
Fowler, and that we are eager to explore the visual
representation of.

Fowler’s needs for a visual identity begin with the
development of a new logo and seal. These are two
separate elements with different jobs: the seal is a
representation of the City as a government entity,
while the logo is a representation of the city as a
destination. They should be related, in that they
stem from the same vision of the city, and may share
some visual characteristics, but are used in very
different applications, for different audiences, and
thus have very different technical and communication
requirements.

Once the seal and logo are established, the City will
have a variety of needs for visual collateral, from
business cards to websites, from signage to service
trucks. It is the business of this scope to suggest a
starting point and some guidelines for development
of these sorts of applications, but not our business
to design each one at this time. The following project
approach represents our recommendation for
achieving this in as efficient a manner as possible.

TASK 1: PROJECT MANAGEMENT
Following execution of the project contract, we will
develop a Project Work Plan and conduct a formal
kickoff meeting with City staff. The meeting will focus on review of the scope of services, the project timeline, and key outcomes for the project. The meeting will help us define project objectives and areas of concern and
clarify priorities and timelines.

Our Project Manager, Erin Williams, will hold monthly
check-ins to discuss progress and process questions.

Design presentations may occur at monthly checkinins where appropriate, but may also be scheduled separately. It is anticipated that these check-ins will be conducted virtually using Zoom or comparable
technologies.

Toole Design will submit invoicing and progress
reports outlining project status and upcoming
activities monthly.

Task 1 Deliverables:
ƒ Kickoff meeting minutes
ƒ Project Work Plan
ƒ Monthly meeting minutes
ƒ Monthly progress reports and invoices
4 TOOLE DESIGN

UNDERSTANDING & APPROACH
TASK 2: UNDERSTANDING
Already approaching the project with a substantial
understanding of Fowler as a place and its need for a
conceptual identity which unites its visual expressions, this task will focus on adding to our understanding of
the functional aspects of its brand collateral.

To begin the design process, Toole Design will collect
and review the following brand materials:
ƒ Brand guidelines
ƒ Any and all marks used by the City, including seal,
city logo, logos of specific program, services, or
departments which the City deems relevant
ƒ Website (for visual purposes only, not interaction
design)
ƒ Any collateral which the City provides, including
letterhead, business cards, signage, vehicles,
uniforms, etc.

The design team will also review community feedback
provided by client, historical documentation, current
photography, and conceptual work related to the
Fowler Downtown Streetscapes project.

Based on this review, the team will prepair a design
brief outlining:

1. Visual impression analysis of the existing brand
collateral

2. Visual opportunities assessment, identifying
potential directions for investigation in the Concept
Design task. This will be represented through
mood boards and verbal descriptions.

3. An outline of the technical needs of the project,
including recommended informational content
and uses for the logo and seal respectively,
partnership or departmental needs, key brand
collateral, and best practices driven by these
needs such as size constraints, contrast, etc.

This design brief will be reviewed with the City’s
Project Manager and identified City staff, and
revised based on a single round of comments.

During this presentation, the design team and City’s
Project Manager will agree on collateral examples for
the team to work with during Task 2.

Task 2 Deliverables:
ƒ Design Analysis Presentation
ƒ Minor revisions to the technical needs section,
based on onsolidated client comments
CITY OF FOWLER VISUAL IDENTITY DESIGN 5
Logo & sample application designs for Lynn Wyatt
Square in Houston, TX, led by Erin Williams prior to
joining Toole Design
TASK 3: CONCEPT DESIGN
Based on feedback from Task 2, the design team will
develop up to (3) conceptual directions for the City
Logo and the City Seal. It is anticipated that these
directions will be presented in pairs with specific
thematic or visual relationships between them and
limited ability to mix and match. Up to (4) pieces
of collateral agreed upon at the end of task 2 (for
example, business card, water tower, polo shirt) will
be used to illustrate the concepts. These should not
be taken as design solutions in themselves, but rather
used as examples of the potential of the proposed logo
design solutions.

Based on feedback from the concept presentation,
the design team will refine the preferred logo concept
or compilation thereof, and present the revised
preferred concept to the City Council for feedback.

This presentation will include logo, seal, color palette, typographic palette, and the (4) collateral examples
agreed upon in the previous step. The City Council
presentation may include some specific design
optionality that invites the Council into the process, but overall will strongly recommend one preferred design
concept based on feedback from the City Manager.

Task 3 Deliverables:
ƒ Concept Design Presentation
ƒ (1) Round of revision to the preferred concept
ƒ Virtual attendance and presentation at (1) City
Council Meeting
6 TOOLE DESIGN
Lead Designer Erin Williams breathed new life into a
historic wordmark associated with an old flour mill
in Los Angeles, CA when the site was converted into
a mixed-use destination. The distinctive letterforms
were preserved overall, while making improvements to
legibility and formatting the mark to fit its new space.

TASK 4: DESIGN DEVELOPMENT
Toole’s PM and City’s PM will review stakeholder
feedback and agree on a final set of Logo and Seal
refinement. Based on this, the design team will
prepare final logo files for delivery, along with an
outline of the Brand Guidelines document not to
exceed 16 pages. The content from this will be sourced
primarily from the concept presentation, but will
provide additional detail and instructions for use
regarding such topics as:
ƒ Color
ƒ Typography
ƒ Logo spacing
ƒ Pattern or other visual elements created as part of
the concept design
ƒ Conceptual wayfinding signage
ƒ Recommendations for development of future
brand extensions, such as social media,
iconography or other illustrative assets,
photography
Upon review and acceptance of the Outline, the design
team will develop a draft of the Brand Guidelines
document, including imagery and written content. One
draft of the document will be provided for client review and consolidated client feedback prior to final delivery.

Task 4 Deliverables:
ƒ Logo files, delivered in EPS and PNG format
ƒ Seal files, delivered in EPS and PNG format
ƒ Outline of Brand Guidelines document
ƒ Draft Brand Guidelines, delivered in PDF format
ƒ Final Brand Guidelines, delivered in PDF format
CITY OF FOWLER VISUAL IDENTITY DESIGN 7
Brand Guidelines example pages, created by
Erin Williams prior to joining Toole
The team you see assembled before you should be
familiar. We think it is important to maintain consistency between the Downtown Streetscapes project and your
Identity project. This ensures that all the work we’ve
put into getting to know Fowler—its streets, but also
its history, its residents, and its values—becomes the
groundwork for the new identity, and makes more
efficient use of project funds. Cindy Zerger will remain as Principal in Charge on the project, with particular
attention towards coordination with other design efforts ongoing in Fowler. Erin Williams will be your Project
Manager and lead designer for this scope, guiding the
design process and deliverables to a successful result.

And graphic designer Sarah Skolaski joins our team
for this project with a primary focus on supporting
Erin in graphic production.
8 TOOLE DESIGN

THE TEAM
Toole Design developed conceptual signage for Bremerton, WA, including neighborhood identification Cindy serves as Toole Design’s Urban Design Director for California and is a seasoned urban designer and project manager with 17 years of experience in planning and design. She blends a background in organizational management and leadership with master’s degrees and professional experience in both landscape architecture and urban planning, equipping her to drive project success from both design and policy perspectives. Cindy has served as lead designer and project manager for a wide range of urban design projects from small rural communities to large urban municipalities throughout North America.

SELECTED PROJECT EXPERIENCE
Capital City Bikeway and Jackson Street
Reconstruction, Saint Paul, MN
Project Manager, Urban Design
Cindy led design efforts for this project,
establishing the vision for the branded
environment, including management and
direction of brand consultants.

Connect Beverly Hills, Beverly Hills, CA
Project Manager, Urban Design
Cindy oversaw a team which addressed
streetscape issues, including identity
expression and wayfinding, for the City of
Beverly Hills. The project also included
extensive public engagement materials.

Fowler Downtown Streetscapes, Fowler, CA
Project Manager, Urban Design
Under Cindy’s leadership, this streetscape
design project has already begun to address
issues of identity in the built environment.

URBAN DESIGN DIRECTOR, CALIFORNIA

P R O F E S S I O N A L

HIGHLIGHTS
Years of Experience: 17
Toole Design: 2014-Present
Humphrey School of Public
Affairs, Research Fellow:
2012-2014
Center for Chaning Landscapes:
2009-2012
Coen+Partners: 2007-2009
Humphrey Institute of Public
Affairs: 2006-2007

EDUCATION/

CERTIFICATION
Master of Urban and Regional
Planning and Master of
Landscape Architecture,
University of Minnesota: 2008
Bachelor of Arts, Sociology,
St. Lawrence University: 1998
American Society of
Landscape Architects
AWARDS
HWS Cleveland Award for
Achievement by Young
Professional, Award by the
American Society of Landscape
Architects Minnesota

APPOINTMENTS/

AFFILIATIONS
Association of Pedestrian and
Bicycle Professionals
American Society of
Landscape Architects

CINDY ZERGER, ASLA
CITY OF FOWLER VISUAL IDENTITY DESIGN 9
10 TOOLE DESIGN
Erin is a Senior Designer with a demonstrated record of leading award-winning projects recognized for their experiential impact. She thrives at building dynamic, contextually responsive systems for identity and navigation that are instantly recognizable while maintaining the ability to evolve over time.

SELECTED PROJECT EXPERIENCE
Fowler Downtown Streetscapes, Fowler, CA
Designer, Urban Design
Broomfield Active Transportation Wayfinding, Broomfield, CO Documentation Lead, Wayfinding
Bremerton Wayfinding, Bremerton, WA
Lead Designer, Wayfinding, District Branding
Tacoma Dome Station Wayfinding, Tacoma, WA
Lead Designer, Wayfinding
Jaffrey Center Concept Plan, Jaffrey, NH
Consultation, Branding and Wayfinding
Superbloom (Milan Design Week 2022)*, Milan, IT
Lead Designer, Exhibit Design, Branding, Illustration, Fabrication & Install Assistance Echo Street West*, Atlanta, GA
Graphic Design Lead, Wayfinding & Arts Master Planning
Lynn Wyatt Square for the Performing Arts*, Houston, TX Graphic Design Lead, Brand Design, Wayfinding
ba/se*, Los Angeles, CA
Graphic Design Lead, Brand Design & Collateral
Connect Beverly Hills*, Beverly Hills, CA
Design Consultant, Signage and Wayfinding
notNeutral*, Los Angeles, CA
Research & Strategy, Brand Design
South Park Commons*, Los Angeles, CA
Graphic Design Lead, Brand Design, Signage
Capitol Milling*, Los Angeles, CA
Graphic Design Lead, Brand Design, Signage
Midway Place*, Los Angeles, CA
Project Manager and Lead Designer, Alley Activation, Illustration South Park Wayfinding*, Los Angeles, CA
Project Manager and Lead Designer, Wayfinding
Playa District*, Los Angeles, CA
Lead Designer, Wayfinding

SENIOR ENVIRONMENTAL GRAPHIC DESIGNER

P R O F E S S I O N A L

HIGHLIGHTS
Years of Experience: 14
Toole Design: 2022-Present
RIOS: 2016-2022
Gensler: 2013-2016
Koning Eizenberg: 2012-2013
Karten Design: 2009-2012

EDUCATION/

CERTIFICATION
Master of Fine Arts, Visual
Communication Design,
University of Washington: 2009
Bachelor of Architecture,
University of Southern
California: 2005
LEED® Legacy
AWARDS
Built by Women, given by
AIALA: 2020
AZ Award, Environmental
Graphic Design: 2018
SEGD Honor Award: 2018
SEGD Merit Award: 2011

APPOINTMENTS/

AFFILIATIONS
Society for Experiential
Graphic Design
American Institute of
Graphic Arts

ERIN WILLIAMS, SEGD, AIGA
* Denotes projects completed prior
to joining Toole Design
CITY OF FOWLER VISUAL IDENTITY DESIGN 11
Sarah is a graphic designer with experience in branding, typography, data visualization, and ADA compliant documentation. Her work is guided by a strong belief that design is a problem-solving tool aiming to bridge communication and creativity.

SELECTED PROJECT EXPERIENCE
Bremerton Wayfinding, Bremerton, WA
Graphic Design, Wayfinding, District Branding
San Francisco Active Communities Plan, San Francisco, CA Graphic Designer, Information Design, Publication Design Alameda County Safe Routes for School, Alameda County, CA Graphic Designer, Project Brand
Peebles Healthy Food Map, Peebles, OH
Graphic Designer, Illustrations, Information Design
Colorado State University Complete Streets Guidelines, Fort Collins, CO Lead Graphic Designer, Publication Design, Project Brand Alameda County Golden Sneaker Contest, Alameda County, CA Graphic Designer, Project Brand, Illustrations
MnDOT US Bike Route 20, Prairie Lake Route, MN
Graphic Designer, Project Brand
Broomfield Active Transportation Wayfinding Plan, Broomfield, CO Graphic Designer, Publication Design
Anne Arundel County Pedestrian and Bicycle Master Plan, Anne Arundel County, MD Graphic Designer, Project Brand & Web Design
Bay Trail Equity Strategy, San Francisco, CA
Graphic Design Lead, Information Graphics
San Pablo Bicycle and Pedestrian Corridor Study, San Pablo, CA Graphic Designer, Information Design & Publication Design Sonoma County Vision Zero Action Plan, Sonoma County, CA Graphic Designer, Information Design & Publication Design Go Human Safety Strategies, CA
Graphic Designer, Information Design, Publication Design, Illustration Reimagining Neighborhoods + Streets: Creating Community Spaces Together, Edmonds, WA
Graphic Designer, Project Brand

GRAPHIC DESIGNER

P R O F E S S I O N A L

HIGHLIGHTS
Years of Experience: 6
Toole Design, 2021-Present
Color Burst: 2021
Freelance: 2019-Present
Little Guy Design: 2017-2019

EDUCATION/

CERTIFICATION
Bachelor of Fine Arts,
Graphic Design, University of
Nebraska-Lincoln: 2021

SARAH SKOLASKI
12 TOOLE DESIGN

REFERENCES

CONNECT BEVERLY HILLS

BEVERLY HILLS, CA

BOSTON MOBILITY GOHUBS

BOSTON, MA

BREMERTON WAYFINDING

PLAN AND DESIGN

BREMERTON, WA
Client: City of Beverly Hills
Jessie Holzer Carpenter, Transportation Planner
310.285.1171, [email protected]
Project Scope: Design Guidelines for of Wilshire
and La Cienega Boulevard streetscapes, including
recommendations for identity representation and
wayfinding signage
Client: City of Boston, Vineet Gupta, Director of Planning Boston City Hall, Room 721, Boston, MA 02201
617.635.2756, [email protected]
Project Scope: Design of kit-of-parts strategy for
micromobility hubs, including program branding and
station graphics
Client: City of Bremerton Public Works & Utilities
Katie Ketterer, Project Manager
100 Oyster Bay Avenue, Bremerton, WA
98312, 360.473.5334
[email protected]
Project Scope: Design of city-wide wayfinding family,
including neighborhood identification, and pilot plans
GoHubs! are branded using the Boston 'B' located
within a spokes graphic representing connecting
parts. This serves to identify the connections made
between GoHubs! and multi-modal transportation. The branding includes a beacon located atop signage that identifies components available and
their location.

Branding
The GoHub! Boston 'B'
GoHubs! City of Boston's Mobilit
The table below shows Toole Design’s proposed budget. The hours and costs represent our estimate of the necessary level of effort for our proposed approach. However, we are flexible and we anticipate refining the approach in collaboration with City staff.

Reimbursibles budget may be used to cover direct costs associated with the project, such as:
ƒ Purchase of fonts
ƒ Purchase of stock photography
ƒ Printing for visual review of assets
No travel budget is anticipated for this scope, as all meetings are to be held virtually. If in person meeting attendence is desired, we are happy to adjust fees to reflect this additional time and expense.

TASK
Hour
Subtotal Cost Duration
Task 1: Project Management 27 $4,632 Ongoing
1a: Kickoff 5 $892 1 week
1b: Monthly Meetings 13 $2,196 Ongoing
1c: Progress Reports, Meeting Minutes, Invoicing 9 $1,544 Ongoing Task 2: Understanding 60 $7,933 4 weeks
2a: Presentation 53 $6,833 3 weeks
2b: Revision 7 $1,101 1 week
Task 3: Concept Design 144 $19,071 5 weeks+
3a: Concept Presentation 94 $11,945 3 weeks
3b: Revision 41 $5,582 2 weeks
3c: City Council Meeting 9 $1,544 Align w/ CC schedule
Task 4: Design Development 131 $16,694 8 weeks
4a: Logo Design Refinement 61 $7,666 3 weeks
4b: Guidelines Draft 41 $5,582 3 weeks
4c: Guidelines Final 25 $3,446 2 weeks
REIMBURSIBLES up to $500
LABOR TOTALS 354 $48,830 17 weeks
CITY OF FOWLER VISUAL IDENTITY DESIGN 13

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CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 10-Ci

REPORT TO THE CITY COUNCIL
June 20, 2023
FROM SOO HO PARK, City Engineer

SUBJECT
INTRODUCE Ordinance 2023-02, Amending Article 11 and adding Article 14 to Chapter 4, Title 6 of the Fowler Municipal Code to implement a Water Shortage Contingency Plan.

EXECUTIVE SUMMARY
This action will allow the City to implement a Water Shortage Contingency Plan as required by State law.

BACKGROUND
Senate Bill 552 (2021) requires small water suppliers serving 1,000 to 2,999 service connections to have a Water Shortage Contingency Plan. This plan establishes requirements at the local level to help the City reduce the risk of inadequate water supply amid a water shortage event.

Changes to the Fowler Municipal Code are necessary in order to allow for the implementation and enforcement of a Water Shortage Contingency Plan. If this Ordinance is brought to City Council for consideration for adoption, a Water Shortage Contingency Plan Resolution would be brought forward concurrently for consideration.

PUBLIC NOTICE
A Public Hearing Notice was published in The Fresno Bee on June 9, 2023, which is at least ten (10) days prior to the public hearing.
i
Introduce Ordinance 2023-02
June 20, 2023

ENVIRONMENTAL REVIEW
The Project is statutorily exempt from CEQA pursuant to California Water Code §10652 because CEQA does not apply to the preparation and adoption of a water shortage contingency plan or to the implementation of the actions taken pursuant to such plans. Because this Project comprises of City of Fowler’s water shortage contingency plan and involves its implementation, no CEQA review is required.

GENERAL PLAN CONSISTENCY
This action is consistent with:

Policy SAF-2 Continue to implement the Fresno County Multi-Hazard Mitigation Plan to address disasters such as earthquakes, drought, flooding, hazardous material spills, water contamination, epidemics, fires, extreme weather, major transportation accidents, and terrorism.

Action Item SAF-2a Review and revise, as necessary, the Municipal Code to ensure effective organization, responsiveness, and continuity of government during declared emergencies.

FISCAL IMPACT
Staff does not anticipate any direct fiscal impact due to this ordinance. If the Water Shortage Contingency Plan drought stage tiers are enacted, additional staff hours may be spent in communicating the drought stage tier requirements and subsequent code enforcement tasks.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Ordinance No. 2023-02
ORDINANCE NO. 2023-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTIONS 6-4.1107 AND 6-4.1112 OF ARTICLE 11, OF CHAPTER 4, OF TITLE 6 AND TO ADD ARTICLE 14 TO CHAPTER 4, OF TITLE 6 OF THE FOWLER MUNICIPAL

CODE, TO PROVIDE CLARIFYING LANGUAGE, AND TO PROVIDE
ENFORCEMENT OF WATER CONTINGENCY PLANS; AND TO FIND THAT THIS

ORDINANCE IS STATUTORILY EXEMPT FROM CEQA REVIEW PURSUANT TO WATER CODE SECTION 10652.

WHEREAS, the state legislature passed Senate Bill 552 in 2021 which amended the California Water Code to include provisions requiring that certain water suppliers develop and maintain a Water Shortage Contingency Plan; and
WHEREAS, the City of Fowler wishes to amend language within Section 6-4.1107 and Section 6-4.1112, as well as to add Article 14 to Chapter 4, of Title 6 of the Fowler Municipal Code, to provide enforcement of Water Contingency Plans within the City of Fowler and to bring the City’s water contingency plans into compliance with current state law requirements.

THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 6-4.1107, of Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code is hereby amended to read as follows::
6-4.1107 – Wasting water – Water schedule.
(a) Water Waste Prevention Standards. In the use of water supplied by the City, no customer shall do or permit any of the following:
(1) Water any lawn except by the use of a hose held in the persons hand or a sprinkling device.
(2) Keep, maintain, operate, or use any water connection, hose, sprinklers, faucet, hydrant, pipe, outlet, or plumbing fixture which is not tight and free from leakage. (3) Willfully or negligently waste water.
(4) Flood or sprinkle any part of the premises of another in a manner that causes property damage or deterioration.
(5) Flood any street, drain, gutter, or property.
(6) Flood or sprinkle the premises of another so as to prevent the normal use thereof or unreasonably wet objects thereon which should not be subjected to a spray of water except as naturally caused by the elements or by action of the owner of the object. (7) Sprinkle or irrigate any yard, ground, premise, or vegetation unless the watering device used is controlled by an automatic shut-off device, or a person is in immediate attendance, of the hose or watering device.
(8) Wash any privately owned motor vehicle, trailer, or boat except from a bucket or in a commercial car wash, provided a hose equipped with a shutoff nozzle may be used for a quick rinse.
(9) Wash or rinse with a hose or watering device any sidewalk, driveway, parking area, tennis court, patio, or any other exterior paved area, except in a manner which prevents the bulk of the runoff water from entering the street and instead diverts such water to the other productive purposes such as landscape irrigation. (b) Exception to Water Waste Standards. The prohibited uses of water provided for by this section are not applicable to the uses of water necessary for public health and safety or for essential government services such as police, fire, and other similar emergency services. (c) Lawn Sprinkler Systems. Lawn sprinkler systems shall be properly designed, installed, maintained, and operated to prevent wastage of water.
(d) Watering Schedule. In addition to the requirements of subsections (a), (b) and (c) of this section, the following watering restrictions shall apply:
(1) Summer Watering Schedule (3 days per week). Between June 1 and September 30, no watering shall occur on Mondays or between the hours of 9:00 a.m. and 6:00 p.m. on any day. The following watering schedule shall apply:
(i) Customers with odd-numbered street addresses, ending in 1, 3, 5, 7, or 9, are allowed to water on Tuesdays, Thursdays and Saturdays. (ii) Customers with even-numbered street addresses, ending in 0, 2, 4, 6, or 8, are allowed to water on Wednesdays, Fridays and Sundays. (2) Winter, Spring, Fall Watering Schedule (2 days per week). Between October 1 and May 31, no watering shall occur on Mondays, Thursdays, or Fridays, but watering is allowed anytime of the day. The following watering schedule shall apply:
(i) Customers with odd-numbered street addresses, ending in 1, 3, 5, 7, or 9, are allowed to water on Tuesdays and Saturdays.
(ii) Customers with even-numbered street addresses, ending in 0, 2, 4, 6, or 8, are allowed to water on Wednesdays and Sundays.
(3) Exceptions to Watering Schedule. Exemptions from the odd/even watering schedule requirements are available upon written request and approval by the Public Works Director, or his/her designee, and subject to such terms and conditions imposed by the Public Works Director, or his/her designee. Exemptions available from the odd/even watering schedule include but are not necessarily limited to any of the following:
(i) Any person owning or operating a commercial or business enterprise whose economic well-being is dependent upon irrigation of a lawn, grass or turf owned, leased or operated by it.
(ii) Employees and agents of the City, in such instances wherein lawn, grass or turf used for play fields or areas owned and operated by the City require more frequent irrigation to prevent unreasonable damage thereto. (iii) Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which requires irrigation to prevent loss of new sod, seed or immature turf or grasses.
(iv) Owners and lessees (their employees and agents) of properties with multiple addresses or properties landscaped with areas of two (2) acres or larger. The owner(s) of such properties shall be required to submit a proposed watering schedule to the Water Department for approval, modification, or denial. (4) Definition. For purposes of this section, watering shall mean the watering of landscaping, the washing of sidewalks, driveways, and similar areas, the washing of privately owned motor vehicles, trailers, or boats, or any other watering for private purposes that are similar in nature and would ordinarily be expected to be restricted by this section.
(e) Conditions of Service—Remedy for Violations. The provisions of this section are conditions of service. Each use of water by a customer that is inconsistent with the provisions of this section is an incident of water wastage. Where water wastage seriously effects the general service, the City may discontinue the service if such conditions are not corrected. In addition to discontinuing water services: (a) a customer may be responsible for payment of a water wastage fine approved by a resolution of the City Council; and (b) the City shall have the option of installing a water flow restrictor device for sixth and subsequent incidences of water wastage. The City shall provide the customer with written notice of intent to install a flow restrictor a minimum of forty-eight (48) hours in advance of installation.
(f) The customer shall be responsible for payment of the City's charges for installing and removing any flow restrictor device and for disconnection and reconnecting service. The charge for installing or removing any flow restrictor device must be paid to the City before the device is removed.
(g) In accordance with the Water Shortage Contingency Plan the City Manager or his/her designee may enact the drought response stages. If enacted, the drought response stage requirements will supersede the requirements of subsection (d) of this section.

SECTION 2. Section 6-4.1112 of Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code is hereby amended to read as follows:
6-4.1112 – Drought and water shortage regulations.

Notwithstanding anything to the contrary in this article, and in addition to anything set forth in this article, during any declared State of Emergency by the State, or City or Federal government related to drought or potable water conditions that mandate water conservation in the City, State or Federal regulations that mandate water conservation in the City, or during local water shortages, the City Council may by resolution adopt additional water restrictions, including restrictions on the days and times of day for outdoor watering and mandatory water usage limits, and impose penalties on the customer for violations of those additional restrictions. The penalties shall be added to the customer's account. A violation of the additional restrictions shall also be deemed a violation of the Municipal Code.

SECTION 3. Article 14 is hereby added to Chapter 4, of Title 6 of the Fowler Municipal Code to read as follows:

Article 14. – Water Shortage Contingency Plan
6-4.1401 – Water Shortage Contingency Plan
The provisions of the most current Water Shortage Contingency Plan adopted by Resolution by the City Council, shall apply within the City of Fowler commencing on July 18, 2023. A copy of the most current version of the Water Shortage Contingency Plan shall be retained on file in the offices of the City Clerk and available on the City’s website at all times.
6-4.1402 - Enforcement.

A violation of the provisions of the Water Shortage Contingency Plan shall be deemed a violation of the Fowler Municipal Code subject to the same enforcement proceedings and penalties as any other violation of the Municipal Code.

SECTION 4. The City Council has determined that this ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to California Water Code section 10652, since this ordinance involves the preparation and adoption of water contingency plans.

SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 6. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney. * * * * * * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council held on June 20, 2023, and was adopted at a regular meeting of said Council held on ____________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk