Fowler City Council
June 4, 2024

Table of Contents
INTRODUCTION.............................................................................................................................................3 SECTION 1. EMPLOYMENT STATUS...............................................................................................................3 SECTION 2. LEAVE OF ABSENCE WITHOUT PAY............................................................................................5 SECTION 3. SICK LEAVE. ................................................................................................................................6 SECTION 4. BEREAVEMENT LEAVE................................................................................................................8 SECTION 5. MILITARY LEAVE. ........................................................................................................................9 SECTION 6. JURY SERVICE. ..........................................................................................................................10 SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT..............11 SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY. ..........13 SECTION 9. VACATION. ...............................................................................................................................14 SECTION 10. HOLIDAYS ...............................................................................................................................15 SECTION 11. OVERTIME. .............................................................................................................................17 SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES......................................................18 SECTION 13. SALARY STEPS AND EVALUATIONS.........................................................................................19 SECTION 14. HEALTH BENEFITS...................................................................................................................21 SECTION 15. AUTOMOBILE ALLOWANCE....................................................................................................22 SECTION 16. RETIREMENT AND RETIREES. .................................................................................................23 SECTION 17. UNIFORMS & EQUIPMENT…………………………………………………………………………………………………24 SECTION 18. WATER DIVISION ON-CALL STIPEND ……………………….…………………………………………………………25 SECTION 19. ONE-TIME CASH-OUT………………………………………………………………………………………………………..26 SECTION 20. ANNUAL LEAVE CASH-OUT PROGRAM …………………………………………………………………………27 182
Section 8, Item F.

INTRODUCTION
The City of Fowler Employee Benefits Handbook (“Handbook”) has been approved by Resolution of the Fowler City Council at a duly authorized City Council meeting and may be amended by Resolution of the City Council. References herein to “Resolution” are deemed to mean all Resolutions of the City Council approving this Handbook and any amendments thereto.

SECTION 1. EMPLOYMENT STATUS.
(a) At-Will Positions. All positions within the City of Fowler are designated as “atwill” positions, unless there is a written agreement approved by the City Council to the contrary. At will means that either the City or the employee can terminate the employment at any time. (b) Personnel Officer. The City Manager or their designee, shall act as the Personnel Officer for the City of Fowler. The Personnel Officer shall be responsible for ascertaining and establishing the duties, responsibilities, and working job titles of all positions in the City. (c) Authority. The Personnel Officer shall establish practices, policies and procedures as may be necessary to effectuate the provisions of this Handbook, the duties of the positions, and the law. The Personnel Officer shall maintain an official personnel file for all City employees.
(d) Full-Time Positions. Full-Time is defined as forty (40) hours of actual attendance during a week, or eighty (80) hours of actual attendance on duty during a two-week period, less time off on authorized leaves of absence as provided for in this Handbook. A week shall be defined as the period from 12:00 a.m. Sunday to 11:59 p.m. Saturday. (e) Part-Time Positions. The City Manager is further authorized to create part-time, temporary, or contract positions within the City as may be necessary. No employee in these positions shall work more than one thousand (1,000) hours in a calendar year, or thirty-nine (39) hours per work week. These positions shall not be included in the Position Authorization Resolution, unless such position is provided with medical benefits.
(f) Definitions.
(1) Hire Date. First day of full or part-time employment with the City. (2) Appointment Date. Date employee is appointed to a position. This may be the same date as Hire Date.
(g) Hours of Work. The regular minimum workday for full-time employees shall be eight (8) hours, 8:00 a.m. to 5:00 p.m., with a one (1) hour meal period. The Personnel Officer shall have the authority to approve any deviations from these hours of work based on operational need. (h) Outside Employment. No employee shall engage in any outside employment which would lessen or interfere with their ability to perform City duties competently and with their best effort. No employee shall engage in any outside employment which may involve a conflict of commitment, conflict of interest, or perception of a conflict of interest. The Personnel Officer is responsible for promulgating policies and procedures to implement this directive. 183
Section 8, Item F.

(i) Resignation. An employee wishing to resign from City service must do so in writing to the Personnel Officer and state an effective date of the resignation. Resignations shall be considered final once accepted by the Personnel Officer and may only be rescinded by no later than the effective date of the resignation and only with the written approval of the Personnel Officer. Employee Health Benefits shall be provided through the calendar month of the employee’s last day of employment. 184
Section 8, Item F.

SECTION 2. LEAVE OF ABSENCE WITHOUT PAY.
(a) Granting. The Personnel Officer may grant a leave of absence from duty without pay to an employee for a period not exceeding one year. (b) Benefits. During such leave without pay, no benefits outlined in this Handbook or any Resolution will be provided, except for those required by law. Furthermore, except for situations that qualify for protected leave status (FMLA, CFRA, PDL, active Workers’ Compensation claims, etc.), employees must exhaust all available accumulated leave balances before they can request leave without pay.
185
Section 8, Item F.

SECTION 3. SICK LEAVE.
(a) Full-Time Employees. Full-time employees shall accumulate sick leave at the rate of eight (8) hours for each completed calendar month of employment. (b) Part-Time Employees. On January 1, 2024, part-time employees shall receive a one-time allocation of sick leave in the amount of sixteen (16) hours.

Part-time employees shall accumulate forty (40) hours of sick leave annually on July 1. (c) Accumulation of Sick Leave.
(1) There shall be no maximum accumulation of sick leave hours for both full-time and part-time employees.
(2) Accumulated or accrued sick leave balance shall not be vested and upon employee separation from City service employees shall not receive any compensation for any unused sick leave hours.
(d) An Employee May Take Sick Leave for the Following:
(1) Illnesses, injury, or disability related to pregnancy. (2) Exposure to contagious disease.
(3) Medical, dental, vision, other physical or medical examinations or treatments by a licensed practitioner when approved in advance by the department head or designee, based on operational need.
(e) Family Care. Family care, meaning illness or injury of an immediate family as defined in Section 4(c).
(1) Employees may use up to one-half (1/2) of an employee’s annual accrued sick leave hours for family care, consistent with California Labor Code Section 233. (2) The Personnel Officer may authorize the use of accrued sick leave for family care beyond the maximum set forth above. Such requests must be accompanied by a physician's statement or other appropriate verification.
(f) Physician’s Statement. The department head or designee may require the employee to provide a licensed health care provider’s statement or other appropriate verification when absent due to illness/injury.
(g) Sick Leave While on Vacation. Leave on account of sickness while on vacation shall be allowed only if the employee is confined to a hospital and employee provides verification of such. (h) Reporting and Requesting Sick Leave. The Personnel Officer shall develop a policy for reporting and requesting absences. An employee shall be responsible for reporting an absence or requesting an absence consistent with such policy. Extenuating circumstances may prevent an employee from calling in before the start of their shift, but the employee shall make every effort to call in as close to the start of the shift as possible.
186
Section 8, Item F.

(i) Pregnancy Related Disability Leave or Transfer.
(1) Leave of Absence. Any employee who is disabled on account of pregnancy, childbirth, or related conditions may take a pregnancy-related leave for up to four (4) months, in addition to any family care medical leave which the employee may be entitled under the Family Care and Medical Leave Policy.
(2) Temporary Transfer Before Childbirth. Any employee affected by pregnancy is entitled to transfer less strenuous or hazardous duties if the transfer is medically necessary and the transfer can be reasonably accommodated.
(3) Substitutions of Paid Leave for Pregnancy-Related Disability Leave. An employee taking pregnancy-related disability leave must substitute any available sick pay for the employee’s leave and may, at the employee’s option, substitute any accrued vacation time for the employee’s leave. The substitution of paid leave for pregnancy-related disability leave does not extend the total duration of the leave to which an employee is entitled. (4) Leave Effects on Benefits. If an employee taking a pregnancy-related disability leave is also eligible for family medical leave under this policy, then the employee is entitled to the City’s continuation of benefits as described herein up to a maximum of four (4) months in a twelve (12) month period.
(j) Other Disability Leaves.
(1) In addition to medical or pregnancy-related disability leaves, employees may take a temporary disability leave of absence, if necessary, to reasonably accommodate a workplace injury or an ADA-qualified disability. Any disability leave under this section may run concurrently with any medical leave to which the employee is entitled to. (2) Employees taking disability leave must comply with the Family and Medical Leave Act and California Family Rights Act regarding the substitution of paid leaves, notice, and medical certification. Employees will not receive pay during disability leave. (3) If the employee’s disability leave extends beyond twelve (12) weeks in a twelve (12) month period, the employee will not be entitled to any continued employee contributions towards any employee benefit plan. An employee may elect to continue participating in such benefit plans, at the employee’s own expense, to the extent permitted by such plans. 187
Section 8, Item F.

SECTION 4. BEREAVEMENT LEAVE.
(a) Usage. The Personnel Officer may grant up to forty (40) hours of Bereavement Leave for each death of an immediate family member for both full-time and part-time employees.

Employee must be in a paid status at the time of both the request for and use of Bereavement Leave.

Bereavement Leave need not be used all at once. Bereavement Leave must be used within six (6) months of granting.
(b) Verification. The department head or designee may require the employee to provide verification to be eligible for Bereavement Leave. If requested, the employee shall provide verification within thirty (30) days of the first day of the leave. Verification includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. (b) Other Leave. Up to eighty (80) hours of sick leave may be used to supplement Bereavement Leave for each death of an immediate family member, with the approval of the Personnel Officer. Other accumulated leave balances may also be used to supplement Bereavement Leave, with the approval of the Personnel Officer.
(c) Immediate Family is Defined as:
(1) The employee’s spouse or domestic partner.
(2) The employee’s or the employee’s spouse’s or domestic partner’s parent, grandparent, great grandparent, sibling, child, grandchild, aunt, or uncle, whether related by birth or marriage.
(3) A person related by blood or marriage to the employee or employee’s spouse or domestic partner living in the immediate household of the employee who is not a domestic employee or sublessee.
188
Section 8, Item F.

SECTION 5. MILITARY LEAVE.

Military Leave for City employees shall be granted in accordance with State and Federal law. 189
Section 8, Item F.

SECTION 6. JURY SERVICE.
(a) Schedule. Any full-time or part-time employee on any shift or work schedule shall be granted leave with pay for the actual time spent on jury service, not to exceed the number of hours in the employee’s scheduled hours of work. Jury service time shall include travel time and the meal period provided by the Court. If an employee’s jury service plus the time to change into appropriate work attire, and report for City Service is more than seventy-five percent (75%) of the employee’s hours of work, the employee does not need to report for work following the completion of jury service. (b) Full-Time Employees. A full-time employee performing jury service shall receive their regular salary.
(c) Part-Time Employees. A part-time employee performing jury service shall receive their regular hourly rate of pay for only those hours scheduled to work. (d) Notification. Employees shall notify their department head or designee when employee receives initial jury service notification. Employee shall notify their department head or designee when actual jury service is required.
(e) Verification. Employee shall request a receipt from the Court for verification of actual jury service and provide receipt to department head or designee. (f) Compensation. Employee need not request compensation from the Court for jury service, but if provided, shall be remitted to the City. Employee may keep any mileage or meal payments made by the Court.
190
Section 8, Item F.

SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT.
(a) Family Leave Rights. Eligible City employees shall receive the rights and benefits of the California Family Rights Act ("CFRA") and the Family and Medical Leave Act ("FMLA") referred to collectively herein as "Family Leave." as outlined in an Administrative Regulation established by the Personnel Officer.
(b) Eligibility. To be eligible for family medical leave the employee must have worked for:
(1) The City for at least twelve (12) months;
(2) At least 1,250 hours in the twelve (12) calendar months immediately preceding the leave; and
(3) For FMLA purposes, the City must employ fifty (50) employees for an employee. At times, the City has less than fifty (50) employees on the City’s payroll. (4) The CFRA eliminated the 50-employee requirement, and as such, City employees are eligible for CFRA irrespective of the number of employees on payroll. (c) Qualifying Reasons for FMLA/CFRA Leave. An employee may take up to twelve (12) weeks of unpaid job-protected family medical leave within a twelve (12) month period for any of the following reasons:
(1) Birth of a child (including baby bonding with newborn within one year of birth).
(2) Placement of a child with the employee for adoption or foster care and to bond with child within one year of placement.
(3) Serious health condition of employee that prevents employee from working.
(4) To care for an immediate family member with a serious health condition. (5) A qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty or call to covered active-duty status.

For CFRA purposes, leave may be taken to care for an employee’s domestic partner. (d) Amount and Calculation of Leave. FMLA and CFRA Leave shall include up to a total of twelve (12) weeks of unpaid, job protected leave during the twelve (12) month period measured backward from the date the employee uses FMLA/CFRA leave. Women disabled by pregnancy may be eligible to take up to four (4) months of job protected pregnancy disability leave prior to taking FMLA/CFRA leave. Other disability leave will run concurrent with FMLA/CFRA leave.

An employee may take FMLA leave for greater than twelve (12) weeks for certain qualifying reasons under the FMLA. For instance, an eligible employee may take up to twenty-six (26) work weeks of leave to care for a covered service member with a serious injury or illness. 191
Section 8, Item F.

(e) Notice of Leave. If an employee’s leave is foreseeable, the employee must provide the City at least thirty (30) days prior notice. If an employee is not able to provide a thirty (30)day notice, the employee must provide notice as soon as practicable. After receiving an employee’s notice, the City must comply with the requisite notice and procedural requirements for requesting leave, absent unusual circumstances. Failure to provide such notice may be grounds for delay of leave.

An employee’s notice must include sufficient information for the City to determine if the employee qualifies for FMLA/CFRA protected leave and the anticipated timing and duration of the leave.

The City can request for FMLA/CFRA leave to be supported by a medical certification. (f) Exhaustion of Paid Leave and Use of Sick Leave. Employees shall use the following: (1) accumulated vacation and (2) accumulated compensatory time off during a qualifying FMLA/CFRA designated leave. An employee may use accumulated sick leave if the basis of the FMLA/CFRA designated leave could also be considered a basis for using sick leave. An employee’s FMLA/CFRA designated leave will run concurrent with vacation, compensatory time off, and sick leave utilized by the employee.
(g) Maintenance of Benefits. During FMLA/CFRA designated leave, the City will maintain any employee, health, dental, vision, and life insurance coverage for a maximum of twelve (12) weeks.
(h) Reinstatement Rights. Upon return from FMLA/CFRA designated leave, an employee is generally entitled to be returned to the same, equivalent or a comparable position with the equivalent pay, benefits, and other employment terms. There are exceptions to this general rule including but not limited to “key employees” as defined by law and under specified conditions. 192
Section 8, Item F.

SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY.

Labor Code Section 4850 requires that any City police officer (as defined therein) who is temporarily or permanently disabled by injury or illness arising out of and in the course of their duties shall be entitled to leave of absence without loss of salary, in lieu of any temporary disability payments or maintenance allowance payments, for the period of disability but not exceeding one year, or until such earlier date as employee is retired for permanent disability. Any temporary disability payments otherwise payable to any such City police officer by the City's workers' compensation insurer shall be paid to the City. 193
Section 8, Item F.

SECTION 9. VACATION.
(a) Accumulation. Employees in full-time positions shall accumulate vacation leave with pay at the following rates, based on the table below.

Employees in part-time positions shall accumulate vacation leave at a pro-rated amount based on hours worked in each calendar month.

Range Years of Service from Hire Date Accumulation Rate I Less than 5 3 years 6.67 hours per month
II Over 5 3 but less than 10 years 10 hours per month
III Over 10 years 13.33 hours per month
IV FLSA Exempt Employees, regardless of hire date 13.33 hours per month (b) When Vacation Leave to be Taken. Employees shall submit vacation requests in accordance with the process prescribed by the Personnel Officer. Vacation approvals shall be based on the City’s operational needs. Employee vacation requests shall be approved by the Department Head, Department Head requests shall be approved by the City Manager, and City Manager vacation requests shall be approved by the Mayor.
(c) Maximum Accumulation. The maximum hours of vacation leave an employee may accumulate or accrue at any one time is 320 hours. No additional vacation leave shall accrue beyond 320 hours until the total accumulated leave balance falls below the maximum. (d) Separation. Upon employee separation, any unused vacation leave shall be paid as a lump sum as part of the employee’s final compensation. 194
Section 8, Item F.

SECTION 10. HOLIDAYS
(a) Holidays Observed. "Holiday" wherever used in this Resolution, shall mean and refer only to the following days of each year:
(1) January 1 (New Year’s Day)
(2) January 15 (Martin Luther King, Jr. Birthday)
(3) Third Monday in February (Presidents Day)
(4) March 31 (Cesar Chavez Day)
(5) Good Friday (Friday before Easter)
(6) Last Monday in May (Memorial Day)
(7) Fourth of July
(8) First Monday in September (Labor Day)
(9) Second Monday in October (Indigenous Peoples’ Day)
(10) November 11 (Veterans Day)
(11) Thanksgiving Day
(12) Friday after Thanksgiving Day
(13) One-half (1/2) day, beginning at 12:00 noon on December 24 (14) December 25 (Christmas)
(15) One-half (1/2) day, beginning at 12:00 noon on December 31 (16) A Personal Holiday which shall be accumulated as eight (8) hours of Personal Holiday leave on July 1 of each year. At no time shall the Personal Holiday balance exceed eight (8) hours. Employees may request use of Personal Holiday consistent with Section 9 of this Resolution.

Personal Holiday hours must be used in a single eight (8) hour increment.

Personal Holiday leave shall not be paid as part of Holiday CTO payout.

Upon employee separation, employees shall not receive any payment for unused Personal Holiday hours.
(17) Any day or part of a day declared by the City Council, by ordinance or resolution, to be a Holiday.
(a) City Offices. City offices and other facilities, except those providing essential public services, such as police and fire protection, shall be closed on said holidays. (b) Holiday Schedule. Each year, the Personnel Officer shall create a Holiday Schedule for the purpose of addressing holidays falling on weekends. 195
Section 8, Item F.

(c) Full-Time Employees. Every full-time employee shall be entitled to leave of absence without loss of pay on every holiday, unless required to work, in which case they shall be compensated for such work with Holiday CTO.
(d) Holiday Compensatory Time Off (CTO).
(1) Earning Holiday CTO. If an employee is required to work on a holiday as part of their regular shift, the employee shall earn the number of Holiday CTO hours equal to the number of hours the employee is normally scheduled to work on the day the holiday is observed. If an employee is required to work on a holiday not as a part of their regular shift, the employee shall be compensated as overtime pursuant to Section 11 of this Resolution. The Personal Holiday shall not be included for purposes of this provision and the eight (8) hours of Personal Holiday leave shall not be included in Holiday CTO hours.
(2) Use and Payment of Holiday CTO. Holiday CTO must be used within 180 days of being earned. After 180 days, the Holiday CTO will automatically be paid out at the employee’s overtime rate. Personal Holiday leave shall not be paid as part of Holiday CTO pay out. (3) FLSA Exempt Employees. FLSA exempt employees required to work on a holiday shall be granted informal holiday time off at the discretion of the City Manager. (e) Holiday Leave for Police Sergeants, Corporals, and Officers. (1) Eligibility. Police Sergeants, Corporals, and Officers shall accrue Holiday Leave in lieu of Holidays or Holiday CTO.
(2) Accumulation. Eligible employees shall accrue ten (10) hours of Holiday Leave per month in lieu of the Holidays in Section 10(a). (3) Cash-Out. Eligible employees may cash-out their accumulated Holiday Leave at any time, in ten (10) hour increments, by submitting a written cash-out request as specified by the Personnel Officer. Cash-out payments shall be paid at the employee’s current base rate of pay. (4) Maximum Accumulation. The maximum accumulation of Holiday Leave is 120 hours. Employees who reach this maximum accumulation will receive an automatic pay down of any hours above this amount at the employee’s overtime rate of pay. (5) Payment at Separation of Employment. At separation of employment, accumulated Holiday Leave not in excess of one hundred twenty (120) hours will be paid at the employee’s current base rate of pay.
196
Section 8, Item F.

SECTION 11. OVERTIME.
(a) Defined. Overtime is defined as authorized time worked in excess of forty (40) hours in a Week.
(b) Authorization. Overtime shall be authorized and assigned by the City Manager, Department Head, or designee.
(c) Compensation. Overtime shall be compensated in cash or in compensatory time off (CTO) as determined by the Department Head. Employees eligible to receive overtime shall be compensated at the rate of one and one-half times their hourly straight time rate. (d) Compensatory Time Off.
(1) Requesting Use. The process for requesting use of earned CTO shall be the same process as requesting use of Vacation within this Resolution. (2) Cash-Out. If an employee has been unable to take their CTO and has a CTO balance in excess of one hundred sixty (160) hours as of December 31 of each year, the employee shall be paid in cash for all hours in excess of one hundred sixty (160). (3) Payment Upon Separation. Upon separation from City service, the employee shall receive a lump sum payment for any earned CTO. (e) Call-Back Time. Call-back work is work performed at a time outside of and not continuous with an employee's regular work schedule. A non-exempt employee called back to work shall receive no less than three (3) hours pay at the overtime rate unless such callback is within three (3) hours of the beginning of the employee's next shift, in which case the employee shall only be paid for the hours remaining before the beginning of the employee's next shift. An employee may be called back to work at the discretion of the City Manager or Department Head due to exigent circumstances or operational need. (f) Court Standby Time. An employee required to be on standby for court appearance as a part of their regular duties must notify their Department Head or designee as soon as the employee receives notice from the court.
(1) During Regular Shift. Employee shall not receive any additional compensation for court time during their regular shift. If the employee is called to court and the court time extends beyond their regular shift, the employee shall be compensated at their overtime rate for the actual time spent beyond their regular shift.
(2) Standby and not Called. When an employee is subpoenaed for a court appearance on their scheduled day off but not called to court, the employee shall receive three (3) hours of overtime compensation.
(3) Standby and Called. When an employee is subpoenaed for a court appearance on their scheduled day and called to court, the employee shall receive a minimum of three (3) hours of overtime, or the actual time of the standby and court appearance, whichever is greater. 197
Section 8, Item F.

SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES. (a) Eligibility. The City Manager, department heads, and other FLSA exempt employees shall be eligible for Administrative Leave.
(b) Granted. Eligible employees shall be granted Administrative Leave as follows.

Employee Hours per Fiscal Year
City Manager 96 hours
Other FLSA Exempt Employees 80 hours
(c) Regulations.
(1) Balances. Administrative Leave balances shall be granted as a lump sum on July 1. At no point in time shall the Administrative Leave balance exceed those set by this Resolution, unless otherwise approved by City Council Resolution or Contract.
(2) Temporary FLSA exempt employees. FLSA exempt employees hired on a temporary basis, shall earn prorated administrative leave monthly in arrears.
(3) New Employees. Employees eligible to receive Administrative Leave shall be granted such leave on a pro-rated allocation based on appointment date provided the employee is not employed elsewhere on the appointment date, otherwise the pro-rated allocation shall be granted based on the hire date.
(4) Payment. Administrative Leave is not eligible for any “buyback” provisions and shall not be paid upon separation from City service. (5) Usage. Employees may request use of Administrative Leave consistent with Section 9 of this Resolution.
198
Section 8, Item F.

SECTION 13. SALARY STEPS AND EVALUATIONS.
(a) Starting Rate.
(1) City Manager. The City Manager’s rate of pay may be set by a City Council approved employment agreement.
(2) Step Placement for New Employees. A new employee of the City shall be placed at Step A for the specified range unless the City Manager determines it is in the best interest of the City to place the employee above Step A. The City Manager shall document any placement above Step A with a written justification memorandum to be placed in the employee’s personnel file. (3) Additional Requirement for Department Heads.
i. A new Department Head may only be placed above Step A with City Council authorization.
ii. Based upon the City Manager’s recommendation, the City Council may enter into an employment agreement with a
Department Head. This agreement may contain provisions
inconsistent with this Resolution.
(b) Evaluations and Advancement.
(1) Annual Evaluations for Full-Time Employees. All full-time employees shall receive an annual written performance evaluation on or around the anniversary of either their hire date or the anniversary of the appointment date to their current position if appointed to a new position after the hire date.
(2) Evaluations for Part-Time Employees. Part-time employees who have been appointed for more than twelve (12) months shall receive a written performance evaluation for that time period, and each successive twelve (12) month time period. (c) Salary.
(1) Salary Resolution. Salaries are adopted by a separate Salary Resolution.
(2) Skill Ranges. Certain full-time classifications are comprised of Skill Ranges. The City Manager may appoint a new employee to any classification within a Skill Range, or promote an employee to a higher classification within a Skill Range. To do so, the employee must meet the minimum qualifications of the classification, and there must be an operational need for appointment to the higher classification.
(3) Salary Step Placement. After completion of an annual performance evaluation as described above, the Department Head shall provide a recommendation to the City Manager if a salary step advancement is recommended. If the annual performance evaluation is conducted after the salary step advancement date, and advancement is recommended, that advancement shall be retroactive to the first pay period commencing after the anniversary of either the employee’s hire date or the anniversary of the appointment date to the employee’s current position if appointed to a new position after the hire date.
199
Section 8, Item F.

(c4) Early Salary Step Advancement. The City Manager shall have the authority to provide employees a one-time early advancement of one salary step as a tool for employee retention or extraordinary skill advancement. The City Manager shall document any early step advancement with a written justification memorandum to be placed in the employee’s Personnel File. (d) Training & Professional Development. The City shall cover employee expenses for training that is required by law, training that is required to maintain certifications, training that is required as a condition of employment, and training that is determined by the Department Head to be necessary for employee professional development. The City Manager shall implement a Travel Expense Reimbursement Policy.
200
Section 8, Item F.

SECTION 14. HEALTH BENEFITS.
(a) Definition. Health Benefits shall mean medical, dental, and vision care provided to the employee by the City.
(b) Premiums. The Council, by Resolution, shall set the monthly employee share of Health Benefits premiums, generally as a part of the annual budget process. (c) Full-Time Employees. All full-time employees are eligible for Health Benefits beginning the first day of their first full calendar month of employment. (d) Part-Time Employees. Part-time employees shall not be eligible for health benefits.
(e) Opt-Out Provision. Employees eligible for Health Benefits may choose to optout of the medical plan at any time, where and how currently allowed by the City’s contracted Health Benefits provider. Once disenrolled, the employee shall receive an additional non-pensionable cash allowance of $300.00 per month.
(f) COBRA. Upon separation from employment eligible employees may continue coverage of their health insurance in accordance and for the length of time permitted by the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). 201
Section 8, Item F.

SECTION 15. AUTOMOBILE ALLOWANCE.
(a) Eligibility. Automobile allowance shall be issued at the discretion of the City Manager based on operational need. Employees who are assigned a City-owned vehicle are not eligible for an automobile allowance.
(b) Rates. Automobile allowances for eligible employees shall not exceed the following:

Employee Monthly Automobile Allowance
City Manager Set per employment contract
Department Heads $500.00
Other Employees $250.00
(c) Procedures. The Personnel Officer is charged with promulgating procedures for driving on City business.
202
Section 8, Item F.

SECTION 16. RETIREMENT AND RETIREES.
(a) Social Security & CalPERS. Eligibility for Social Security and CalPERS, including placement as a Classic or PEPRA member, shall be determined by the appropriate State and/or Federal agencies.
(b) Retiree Health Plan. The City shall offer a Retiree Health Plan, where and how currently allowed by the City’s contracted health benefits provider, and the monthly retiree premium contribution shall be set annually by Council Resolution. (c) Eligibility for Retiree Health Plan Enrollment. Employees are eligible to enroll in the Retiree Health Plan only when all the following conditions are met:
(1) Employee must request enrollment in the Retiree Health Plan in writing to the Personnel Officer prior to separation from City service. (2) Employee must have at least five (5) years of consecutive and continuous CalPERS service credit with the City of Fowler immediately prior to separation from City service which shall not include resignation in lieu of disciplinary action or termination. (3) At the time of separation, employee may not have any pending disciplinary action that could result in employee termination.
203
Section 8, Item F.

SECTION 17. UNIFORMS & EQUIPMENT.
(a) Police Department Personnel Stipend.
(1) Eligible Classification. Officer, Corporal, Sergeant, Lieutenant, Community Service Officer, Crime Analyst, Records and Property Technician I/II, and volunteer. (2) Implementation. The Personnel Officer shall implement procedures for an annual employee uniform stipend or reimbursement program in an amount as authorized in the annual budget.
(b) Fire Department Personnel Stipend. Reserved.
(c) Safety Shoe Stipend.
(1) Eligible Classifications. Building Inspector I/II, Building Official, Code Enforcement Officer I/II, Planning & Code Enforcement Technician I, Maintenance Assistant, Maintenance Worker, Senior Maintenance Worker, Lead Maintenance Worker, Public Works Director, Public Works Supervisor, Water Operator in Training, Water Operator I/II, Lead Water Operator. (2) Implementation. The Personnel Officer shall implement procedures for an annual employee shoe stipend or reimbursement program as authorized in the annual budget. 204
Section 8, Item F.

SECTION 18. WATER DIVISION ON-CALL STIPEND.
(a) Intent. Public Works Water Division Personnel are often needed in a 24/7 capacity to serve the residents of Fowler and ensure basic services are provided for sanitation and life safety. (b) Eligibility. The following classifications are eligible to participate in this program:

Water Operator I/ II, Lead Water Operator, and Public Works Supervisor. (c) Implementation.
(1) On-Call Shift Schedule. The on-call shift begins Tuesday at 3:30 PM and ends the following Tuesday at 7:00 AM.
(2) Non-Exempt Employee Stipend. Eligible employees designated by the Department Head as “on-call” shall be eligible for an on-call stipend as follows:

Weekdays - $25.00 per weekday (Monday through Friday)
Weekends - $40.00 per weekend day (Saturday and Sunday) Holidays - Double the above daily rate for holidays designated in Section 10 of this Handbook.
(3) Exempt Employee Stipend. Eligible employees designated by the Department Head as “on-call” shall be eligible for an on-call stipend as follows:

Weekdays - $35.00 per weekday (Monday through Friday)
Weekends - $65.00 per weekend day (Saturday and Sunday) Holidays - Double the above daily rate for holidays designated in Section 10 of this Handbook.
(4) Call-Back. In the event a non-exempt on-call employee responds to a call, the employee shall be compensated in accordance with Section 11 of this Handbook. (5) Implementation. The Personnel Officer shall implement procedures for implementation of this section.
205
Section 8, Item F.

SECTION 19. ONE-TIME CASH-OUT.

An employee may request, in writing, a one-time cash-out of up to twenty-four (24) hours of any combination of CTO or vacation leave to be paid during the payroll calendar transition. The Personnel Officer shall implement procedures for implementation of this section. 206
Section 8, Item F.

SECTION 20. ANNUAL LEAVE CASH-OUT PROGRAM.
(a) Sick. Employees may cash out up to 16 hours of sick leave on November 15th of each year, provided that the employee’s sick leave balance is at least 96 hours after the cash out. (b) Vacation. Employees may cash out up to 32 hours of any combination of vacation or administrative leave on November 15th of each year, provided that the employee’s vacation leave balance is at least 80 hours after the cash out.
(c) Implementation. The Personnel Officer shall implement procedures for implementation of this section.
207
Section 8, Item F.

RESOLUTION NO. 2721

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
APPROVING AN AMENDMENT TO THE CITY’S SALARY CLASSIFICATION

SCHEDULE
WHEREAS, modification of the City’s Salary Classification Schedule requires authorization by the City Council; and
WHEREAS, the new Salary Classification Schedule reflecting a 2.5% cost of living increase for each salary classification and each step is attached as Exhibit “A” to this Resolution and has been reviewed and considered by the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler that the salary classification schedule attached hereto as Exhibit “A” reflecting a 2.5% cost of living increase is hereby approved to be effective beginning July 1, 2024.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, 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
208
Section 8, Item F.

Effective 07/01/2024 Rev 06/4/2024

MONTHLY PAY

FULL TIME STEP STEP STEP STEP STEP

POSITION/CLASSIFICATION TITLE A B C D E
CITY MANAGER (by contract) - - - - 16,940
ASSISTANT CITY MANAGER 10,194 10,704 11,238 11,801 12,390 CITY CLERK/HUMAN RESOURCE OFFICER 6,069 6,373 6,691 7,025 7,378 DEPUTY CITY CLERK 5,498 5,773 6,062 6,364 6,683
ACCOUNTANT ! 4,626 4,857 5,099 5,355 5,622
ACCOUNTING ASSISTANT ! 3,440 3,611 3,791 3,982 4,180
ACCOUNTING TECHNICIAN ! 3,796 3,986 4,186 4,395 4,615
ADMINISTRATIVE ASSISTANT 3,796 3,986 4,186 4,395 4,615
BUILDING INSPECTOR I @ 3,796 3,986 4,186 4,395 4,615
BUILDING INSPECTOR II @ 4,403 4,623 4,854 5,096 5,352
BUILDING OFFICIAL 5,921 6,218 6,527 6,854 7,197
CODE ENFORCEMENT OFFICER I # 3,274 3,438 3,609 3,789 3,979 CODE ENFORCEMENT OFFICER II # 3,796 3,986 4,186 4,395 4,615 PLANNING & CODE ENFORCEMENT TECHNICIAN I 3,891 4,086 4,291 4,505 4,730 PROJECTS AND COMPLIANCE ADMINISTRATOR 5,921 6,218 6,527 6,854 7,197 COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR 8,366 8,784 9,223 9,684 10,169 FINANCE DIRECTOR 9,010 9,460 9,932 10,429 10,952
FIRE CHIEF 8,789 9,230 9,691 10,175 10,684
FIRE CAPTAIN 6,866 7,211 7,571 7,949 8,347
FIRE ENGINEER 4,982 5,230 5,492 5,767 6,055
FIREFIGHTER 4,742 4,977 5,226 5,489 5,763
MAINTENANCE ASSISTANT $ 3,116 3,272 3,436 3,607 3,787
MAINTENANCE WORKER $ 3,613 3,794 3,984 4,183 4,393
SENIOR MAINTENANCE WORKER $ 3,988 4,188 4,398 4,618 4,848 LEAD MAINTENANCE WORKER 5,234 5,495 5,770 6,058 6,361
PERMIT TECHNICIAN 3,796 3,986 4,186 4,395 4,615
POLICE CHIEF (by contract) - - - - 12,608
POLICE CORPORAL I 5,635 5,917 6,214 6,524 6,850
POLICE LIEUTENANT I 7,215 7,575 7,953 8,352 8,769
POLICE OFFICER I 4,861 5,102 5,359 5,626 5,907
POLICE OFFICER + 2% POST - INTERMEDIATE 4,958 5,205 5,465 5,739 6,024 POLICE OFFICER + 5% POST - ADVANCED 5,102 5,359 5,626 5,908 6,202 POLICE SERGEANT I 6,221 6,531 6,858 7,201 7,561
POLICE SERGEANT + 2% POST - INTERMEDIATE 6,345 6,663 6,996 7,345 7,713 POLICE SERGEANT + 5% POST - ADVANCED 6,531 6,858 7,201 7,561 7,940 PUBLIC WORKS DIRECTOR 9,010 9,460 9,932 10,429 10,952
PUBLIC WORKS SUPERVISOR 5,921 6,218 6,527 6,854 7,197
RECORDS AND PROPERTY TECHNICIAN I % 3,039 3,192 3,352 3,519 3,695 CRIME ANALYST 4,513 4,739 4,975 5,224 5,486
RECORDS AND PROPERTY TECHNICIAN II % 3,525 3,701 3,886 4,081 4,286 COMMUNITY SERVICES OFFICER 3,525 3,701 3,886 4,081 4,286 RECREATION AND SENIOR CENTER SUPERVISOR 5,921 6,218 6,527 6,854 7,197 WATER OPERATOR IN TRAINING ^ 3,039 3,192 3,352 3,519 3,695 WATER OPERATOR I ^ 3,525 3,701 3,886 4,081 4,286
WATER OPERATOR II ^ 3,892 4,086 4,290 4,505 4,730
LEAD WATER OPERATOR 5,498 5,773 6,062 6,364 6,683
! @ # $ % ^ Denotes a "Skill Range" pursuant to the Employee Benefits Handbook.

SALARY CLASSIFICATIONS
FISCAL YEAR 2024-2025
Exhibit A
209
Section 8, Item F.

RESOLUTION NO. PFA 2024-01

A RESOLUTION OF THE FOWLER PUBLIC FINANCING AUTHORITY,

COUNTY OF FRESNO, STATE OF CALIFORNIA,

ADOPTING THE PUBLIC FINANCING AUTHORITY ANNUAL BUDGET AND

APPROPRIATING REVENUE OF THE AUTHORITY FOR
THE 2024/2025 FISCAL YEAR
WHEREAS, the Executive Director has prepared and submitted to the Fowler Public Financing Authority Board a proposed budget for the 2024/2025 fiscal year, starting July 1, 2024; and
WHEREAS, the Board as the legislative body of the Public Financing Authority has received and modified this proposed budget; and
WHEREAS, the Board has determined that it is necessary for the efficient management of the Public Financing Authority that certain sums of revenue of the Public Financing Authority be appropriated to various departments, offices, agencies and activities of the Public Financing Authority.

NOW, THEREFORE, BE IT RESOLVED by the Board of the Public Financing Authority as follows:

Section 1. A certain document on file in the office of the Finance Director of the Public Financing Authority being marked and designated “Public Financing Authority – Annual Budget – Fiscal Year 2024/2025” said document as prepared by the Executive Director, amended by the Board, is hereby adopted for the Fiscal Year, commencing July 1, 2024.

Section 2. The following sums of money are hereby appropriated from the revenue of the Public Financing Authority for activities of the Board, including transfers and capital projects during the 2024/2025 fiscal year.

Public Financing Authority $0.00
THE FOREGOING RESOLUTION of the City Council of the City of Fowler was duly and regularly introduced, passed and adopted at a regular meeting of the City Council on the 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
210
Section 8, Item F.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Human Resources Officer SUBJECT: APPROVE Resolution No. 2722, Calling and Giving Notice of a General Municipal Election to be held in the City of Fowler on Tuesday, November 5, 2024 for the Election of Certain Officers; Requesting the Board of Supervisors of the County of Fresno to Consolidate and Canvass the Election; Authorizing the County Clerk/Registrar of Voters of Fresno County to Render Specific Services to the City of Fowler Relating to the Conduct of the General Municipal Election and Appropriating Funds to Pay for Said Services; and Establishing Regulations for Candidates Pertaining to Candidate Statements.

EXECUTIVE SUMMARY
Approval of this resolution will allow the City to conduct the November 5, 2024 General Municipal Election for the purpose of electing three (3) members of the City Council, each for a four (4) year term until November 2028. The resolution provides a notice and call for a General Municipal Election, authorizes a consolidation of the General Municipal Election with the Statewide General Election, requests Fresno County Board of Supervisors to authorize the Fresno County Registrar of Voters to render specific election services to the City of Fowler, authorizes the City of Fowler to reimburse the County of Fresno for elections services performed, and establishes conditions of filing candidate statements.

BACKGROUND
On November 5, 2024, an election will be held in the City of Fowler (“City”) to fill three (3) City Council seats.

1. Calling and Giving Notice of the November 5, 2024 General Municipal Election; and Nomination Period
Pursuant to Elections Code section 12101, the 2024 General Municipal Election must be called prior to the opening of the nomination period. The Notice of Election that lists the time and date of the election and the offices to be filled must be published no sooner than July 1, 2024, and no later than July 15, 2024.

The nomination period for the election on November 5, 2024 opens on July 15, 2024 and closes on August 9, 2024. However, if an incumbent does not seek re-election, the nomination period is extended five (5) days to August 14, 2024, for non-incumbents only. The extension period does not apply to vacant seats.
211
Section 8, Item G.

2. Requesting Consolidation of the Fowler Municipal Election with the Statewide General Election to be Held on the Same Date
Effective January 1, 2016, Election Code section 14052 prohibits a city from holding an election on any date other than a statewide election date to prevent a voter turnout of below average.

City will be compliant by holding its election on November 5, 2024 in consolidation with the Statewide General Election, as permitted by Elections Code section 10403, subdivision (a).

3. Requesting that Fresno County Board of Supervisors Authorize the Fresno County Registrar of Voters to Render Specific Services to the City Relating to the Conduct of the General Municipal Election, and Permitting County Reimbursements for Rendered Specific Services
Fresno County Elections Division operates under the supervision of the Fresno County Registrar of Voters. Fresno County Elections Division is responsible for conducting Statewide General Elections, making it well-versed and capable of conducting the City’s General Municipal Election in accordance with election process requirements pursuant to Elections Code section 10418. For the County’s Elections Division’s services on November 5, 2024, Elections Code section 10002 requires the City to reimburse the County of Fresno in full upon the County’s presentation of a bill to City.

4. Establishing Conditions for Filing of Candidate Statements Elections Code section 13307 provides that City Council must establish the conditions for filing of candidate statements prior to the filing for the November 2024 Election. These conditions include setting a word-limit of two hundred (200) words per statement and requiring candidates to make a pre-payment to the County at the time the candidate files the nomination papers, which includes the cost of printing, handling, and translating the candidate’s statement to required foreign languages. These conditions will help limit the size of the sample ballot pamphlet and reduce the cost that the City will have to repay the County for.

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 not associated with a specific General Plan Goal, Policy, or Action Item. However, this action is consistent with the General Plan’s Community Vision and Supporting Principles.

FISCAL IMPACT AND PROCUREMENT PROCESS
The estimated cost to conduct the regularly scheduled election will be budgeted and accounted for in the Fiscal year 2024-25 budget. Staff is estimating the total cost for the November Election to be no more than 6,000 thousand dollars ($6,000.00). If additional costs are incurred, staff will return to City Council with a budget amendment request. This action is not associated with the procurement process.
212
Section 8, Item G.

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

Attachments
- Resolution No. 2722
213
Section 8, Item G.

RESOLUTION NO. 2722

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF FOWLER ON TUESDAY, NOVEMBER 5, 2024 FOR THE

ELECTION OF CERTAIN OFFICERS OF SAID CITY AND REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO TO CONSOLIDATE

ANDCANVASS THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10400 ET SEQ.; TO PERMIT THE COUNTY CLERK/REGISTRAR OF VOTERS OF

FRESNO COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF

FOWLER RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10002;

AND AUTHORIZING REIMBURSEMENT FUNDS TO PAY FOR SAID SERVICES WHEREAS, the next Statewide General Election to be held in the County of Fresno will take place on Tuesday, November 5, 2024; and
WHEREAS, the City of Fowler will hold a General Municipal Election on Tuesday, November 5, 2024, for the election of three (3) City Council Members, each for a full four (4) year term; and
WHEREAS, the City of Fowler desires the Board of Supervisors of the County of Fresno to consolidate the City’s General Municipal Election with the Statewide General Election, pursuant to Part 3, Division 10 of the Elections Code (commencing with Section 10400) to be held on the same date and that, within the City of Fowler, the precincts, vote center locations, ballot drop box locations, and election officersof the two (2) elections be the same; the County Clerk/Registrar of Voters canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one (1) election; and
WHEREAS, it is the desire of the Fowler City Council to adopt a Resolution requesting the Board of Supervisors of the County of Fresno to render specified services to the Cityof Fowler relating to the conduct of a General Municipal Election pursuant to California Elections Code section 10002; and
WHEREAS, Elections Code section 10002 requires the City of Fowler to reimburse the County of Fresno in full for the services performed upon presentation of a bill to the City of Fowler; and
WHEREAS, the Fowler City Council has determined that each candidate for elective office who submits a statement to be sent to the voters with the sample ballot shall be charged a sum not greater than the actual prorated cost of printing, handling, and translating the candidate’s statement as a result of providing this service.
214
Section 8, Item G.

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

1. A General Municipal Election is called and ordered for the City of Fowler to be held on Tuesday, November 5, 2024, for the purpose of the election of three (3) members of the City Council to be elected at-large, each for a full four (4) year term.

2. Pursuant to the requirements of Elections Code section 10403, the Board of Supervisors of the County of Fresno is hereby requested to consent and agree to the consolidation of the General Municipal Election and the Statewide General Election on Tuesday, November 5, 2024.

3. In accordance with Elections Code section 10403, Fowler City Council acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election pursuant to Elections Code section 10418.

4. The Board of Supervisors of the County of Fresno is requested to direct the County Clerk/Registrar of Voters to take any and all steps necessary for and related to the holding of the consolidated election in a manner consistent with law, including, without limitation: the provision of all election materials and equipment; publication of notices; the hiring, training and supervision of election officers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying and canvassing of votes; and the certification of election results.

5. A sum be appropriated and set aside from the appropriate funds of the City of Fowler to reimburse the County of Fresno in full for the services to be performed as herein requested and that said sum be paid to the County of Fresno upon demand and presentation of a bill to theCity of Fowler.

6. The candidate shall, if he or she elects to submit an election statement of no more than two hundred (200) words to be included with the sample ballot and sent to the registered voters, pay all costs associated with said election statement; Pursuant to Elections Code section 13307, the candidate is required to make an estimated pre-payment to the County at the time the candidate files the nomination papers.
****************************************************************** 215
Section 8, Item G.

The foregoing Resolution was duly PASSED, APPROVED, AND ADOPTED on the 4th of June 2024, 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
216
Section 8, Item G.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT:

APPROVE Resolution No. 2723 Supporting the West Side Alternative Transportation Grant and Authorizing the City Manager to execute documents related to the Fresno Council of Governments 2025 Cycle 7 Regional Active Transportation Program Grant Application

EXECUTIVE SUMMARY
Approving the resolution supporting the project and authorizing the City Manager to execute documents related to the Fresno Council of Governments for the West Side Alternative Transportation Project with the Fresno Council of Governments 2025 Cycle 7 Regional Active Transportation Program Grant Application will allow the City to pursues grant funding to improve pedestrian and bicycle safety on the west side of the City.

BACKGROUND
The City intends to submit for the Fresno Council of Governments 2025 Cycle 7 Regional Active Transportation Grant Program. These resolutions are required as part of the grant process.

Having the resolution completed when submitting an application is advantageous and staff strive to do so whenever possible.

West Side Alternative Transportation Project: This grant application is due June 17, 2024. Staff are preparing an application for west-side bike lanes including creation of an off-street paseo along the Stanford Avenue alignment as pedestrian and bicycle safety enhancements along Fresno Street and segments of Stanford Avenue. This will fill gaps in the existing bicycle infrastructure network and help connect west-side residents to the east side of the City.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
217
Section 8, Item H.

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

GENERAL PLAN CONSISTENCY
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 Policy MOB-27
Provide for the logical, timely, and economically efficient extension of road infrastructure improvements.

General Plan Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.

FISCAL IMPACT AND PROCUREMENT PROCESS
If awarded, the grant will allow the City to provide additional infrastructure and additional services to the residents of Fowler.

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

Attachments
- Resolution No.2723
218
Section 8, Item H.

RESOLUTION NO. 2723

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

SUPPORTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

DOCUMENTS WITH THE FRESNO COUNCIL OF GOVERNMENTS RELATED TO THE CITY OF FOWLER 2025 CYCLE 7 REGIONAL ACTIVE TRANSPORTATION

GRANT PROGRAM WEST SIDE ALTERNATIVE TRANSPORTATION PROJECT WHEREAS, the City Council of the City of Fowler is eligible to receive regional funding through the Fresno Council of Governments 2025 Cycle 7 Regional Active Transportation Program; and WHEREAS, an application submittal to the Fresno Council of Governments is due June 17, 2024; and
WHEREAS, the City Council of the City of Fowler supports the West Side Alternative Transportation Project as it will encourage the increased use of active transportation modes advancing the efforts of the Fresno Council of Governments in achieving greenhouse gas reduction goals as well as enhancing public health; and
WHEREAS, the City Council of the City of Fowler wishes to delegate authorization to execute this Application and related documents thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City Manager is hereby authorized and directed to sign and file, for and on behalf of the City, an application to the Fresno Council of Governments for the West Side Alternative Transportation Project. The City Manager is designated to provide the assurances, certifications, and commitments required for the grant application, including the execution of financial agreements with the Fresno Council of Governments and any amendments or changes thereto. The City Manager is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, 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
219
Section 8, Item H.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE Resolution No. 2724 authorizing submittal of a grant application to the United States Department of Transportation (DOT) for Active Transportation Infrastructure Investment Program (ATIIP) funds.

EXECUTIVE SUMMARY
Staff recommend the City Council approve Resolution No. 2724 authorizing submittal of a grant application to the United States Department of Transportation (DOT) for Active Transportation Infrastructure Investment Program (ATIIP) funds. The City’s proposed project would fund a feasibility study and preliminary planning documents for a new underpass of State Route (SR) 99 at Tuolumne Street.

BACKGROUND
The ATIIP is a new competitive grant program under the Bipartisan Infrastructure Law that will assist in the construction of active transportation facilities as part of active transportation networks and/or spines. Funds are available for both construction and planning projects.

Construction proposals must have a minimum project cost of $15 million while planning proposals must have a minimum project cost of $100,000. DOT anticipates awarding several planning grants and only a few construction grants.

The City of Fowler (City) plans to propose a planning project that would complete a feasibility study and preliminary planning documents for a new underpass of SR 99 at Tuolumne Street.

The project would address concerns raised by the community throughout the General Plan update process and through several other outreach opportunities, including a dedicated table at the Pancakes and Pets event in May 2024. By completing the feasibility study and planning components of the underpass project, the City would be well-prepared to pursue grant funding for design and construction of the underpass.

A 20% non-federal match is required for ATIIP projects. This match may be waived in communities with a poverty rate over 40%.
220
Section 8, Item I.

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

ENVIRONMENTAL REVIEW
Submitting the grant application is not considered a “project” as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. Submitting the application will not cause a direct or indirect change in the environment. However, if awarded the grant, the City will prepare an environmental document pursuant to the CEQA Guidelines.

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 Policy CH-1
Implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.

General Plan Action Item CH-1b
Prioritize pedestrian and bicycle improvement projects that close gaps in the mobility network and those which link the east and west sides of the city.

General Plan Goal MOB-5
Safe, well-designed, multi-modal connections exist across State Route 99, Golden State Boulevard, and the Union Pacific Railroad.

General Plan Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.

FISCAL IMPACT AND PROCUREMENT PROCESS
If awarded, the City would receive funds to implement the project. A non-Federal match of 20% is required, though eligible projects in communities with a poverty rate over 40% may receive a waiver for the local match.

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

Attachments
- Resolution No. 2724
221
Section 8, Item I.

RESOLUTION NO. 2724

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

AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE UNITED

STATES DEPARTMENT OF TRANSPORTATION (DOT) FOR ACTIVE

TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM (ATIIP) FUNDS WHEREAS, the Active Transportation Infrastructure Investment Program (ATIIP) applications are due on June 17, 2024; and
WHEREAS, procedures require the grantee’s Governing Body to certify by resolution the approval of project application(s); and
WHEREAS, on June 17, 2024 the City of Fowler (“City”) intends to file an application with the United States Department of Transportation related to the ATIIP grant; and WHEREAS, the application intends to complete a feasibility study and preliminary planning documents for a new underpass of State Route 99 at Tuolumne Street; and WHEREAS, the City of Fowler, as grantee, if awarded, will enter into a contract with the United States Department of Transportation to complete the project.

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

1. Approves the filing of the project application for ATIIP funds.

2. Delegates the authority to the City Manager, or designee, to conduct all negotiations, sign, and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope.

3. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

PASSED, APPROVED AND ADOPTED this 4
th day of June 2024, 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
222
Section 8, Item I.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE RESOLUTION No. 2725, 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 2024-2025.

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 completed by the City Council after conducting a public hearing at a regular meeting, prior to August 10, 2024.

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. 223
Section 8, Item J.

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

FISCAL IMPACT AND PROCUREMENT PROCESS
The adoption of this resolution has no fiscal impact to the City. However, the resolution directs the Engineer to prepare the report which is the first step in the process of renewing the of property assessments which fund the Landscaping and Storm Drainage Facilities Maintenance District No. 1.

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

Attachments
- Resolution No. 2725
224
Section 8, Item J.

RESOLUTION NO. 2725

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 2024-2025
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 2023- 2024.

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 2024-2025.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, 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
225
Section 8, Item J.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE a contract with Dawson-Mauldin, Inc. in the amount of $71,577 for the Merced Street Banner Pole Replacement Project and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
This approves a contract with Dawson-Mauldin, Inc. in the amount of $71,577 for the Merced Street Banner Pole Replacement project to replace an existing banner pole that is currently unfit to support the City’s community event banners.

BACKGROUND
Prior to the 2023 Holiday Season, City Staff determined the Merced Street Banner Poles located near the intersection of Merced Street and 7th Street was no longer structurally sound to support any banners typically hung across Merced Street. Therefore, under the Engineering on-call contract, structural calculations and construction drawings were prepared for the installation of replacement banner poles to serve Merced Street.

Then a bid package was prepared to solicit construction bids for the Merced Street Banner Pole Replacement Project via PlanetBids. However, the City received no bids.

The City then directly solicited a bid from a qualified contractor and received a bid proposal from Dawson-Mauldin. This action will authorize the City Manager to execute the agreement with Dawson-Mauldin to begin the project.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
226
Section 8, Item K.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15302 as this project is the replacement of the existing banner poles located on the same site and will serve the same purpose as the poles that will be replaced.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.

General Plan Policy CDES-7
Maintain the integrity of community identifiers, that contribute to Fowler’s character.

Community identifiers may include notable landmarks; historic buildings; and areas of historic, architectural, or aesthetic value.

FISCAL IMPACT AND PROCUREMENT PROCESS
The contract amount of $71,577 will be funded from the City’s General Fund.

The City followed the informal bidding procedures as authorized by the California Uniform Public Construction Cost Accounting Act. However, no contractors submitted a bid for the project when advertised on Planet Bids. Therefore, a direct quote was solicited from Dawson-Mauldin, Inc., who is a qualified General Contractor.

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

Attachments
- Small Project Construction Agreement
227
Section 8, Item K.

CITY OF FOWLER

SMALL PROJECT CONSTRUCTION AGREEMENT
This Construction Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Dawson-Mauldin Construction, Inc. ("Contractor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on June 4, 2024 ("Effective Date").

RECITALS
A. City desires to obtain construction services (“Work”) for construction of the public work “Merced Street Banner Pole Replacement” (“Project”) more fully described in Exhibit B, and, if applicable, as further set forth in the proposal from Contractor attached as Exhibit C, which are incorporated herein by reference.

B. Contractor is engaged in the business of public works construction and hereby warrants and represents that Contractor is qualified, licensed, and professionally capable of performing the Work on the Project.

C. Contractor submitted a proposal for the Project, included herein as Exhibit C, as well as all required forms, bonds, certificates, and other documents (“Contractor’s Proposal”), that was approved by City for award of contract for the Project and is incorporated herein by reference.

D. City desires to award Contractor the contract for the Work, and Contractor desires to perform the Work on the Project, on the terms and conditions as set forth in this Agreement.

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

AGREEMENT

1. Scope of Work. Contractor shall furnish all labor, equipment and materials, including tools, implements, and appliances required, and to perform all the Work in a good and workmanlike manner, free from any and all liens and claims from mechanics, material suppliers, subcontractors, artisans, machinists, teamsters, freight carriers, and laborers required for:

Merced Street Banner Pole Replacement
The Work shall be in strict compliance with the plans, drawings, specifications, and conditions for the Project and other documents relating thereto (“Project Documents”), which are incorporated herein by reference. Exhibit B and Exhibit C shall be part of the Project Documents, which shall be part of this Agreement. If the terms and requirements of this Agreement and/or Exhibit B conflict with Contractor’s Proposal, including Exhibit C, this Agreement and Exhibit B shall control. No contractual terms and/or conditions found in Contractor’s Proposal, including Exhibit C, shall purport to waive, disclaim, or limit Contractor’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 Work performed by Contractor.

2. Changes in the Work. Changes in this Agreement or in the Work to be done under this Agreement shall be made in writing. City reserves the right to change the Work by making such alterations, deviations, additions to, or deletions from the plans and specifications, as may be deemed by City to be necessary or 228
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 2
advisable for the proper completion or construction of the Work, and the City reserves the right to require Contractor to perform such work. There shall be no change whatsoever in the drawings, specifications, or in the Work without an executed, written order by City for the change in the Work. City shall not be liable for the cost of any extra work or any substitutions, changes, additions, omissions, or deviations from the Project Documents unless the same shall have been authorized by and the cost thereof approved in writing. No extension of time for performance of the Work shall be allowed hereunder unless such extension is made at the time changes in the Work are ordered, and such time duly adjusted in writing.

3. Commencement of Work; Schedule; Completion of Work. Contractor shall commence the Work upon City's issuance of a written "Notice to Proceed" and shall continue with the Work until Contractor has satisfactorily performed and completed the Work as determined by City, or until such time as the Agreement is terminated pursuant to Section 23 herein, whichever is earlier. Contractor shall perform the Work according to the schedule set forth in the Project Documents, if applicable. If no schedule is set forth in the Project Documents, City and Contractor shall mutually agree on a schedule for performance of the Work and completion of stages or milestones, if applicable. The schedule shall be subject to modification based on the City’s operational needs. City will notify Contractor in advance of any modification to the schedule and issue a written notice pursuant to Section 2, if applicable. The Project shall be completed not later than 120 days after the date the Notice to Proceed is issued (“Completion Date”).

4. Payment for Work. City shall pay Contractor a sum not to exceed Seventy One Thousand Five Hundred Seventy-Seven Dollars ($71,577) for the Work satisfactorily performed pursuant to this Agreement, inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Contractor shall submit monthly invoices to City containing detailed information regarding the progress of the Work and City shall tender payment to Contractor within thirty (30) days after receipt of invoice, subject to Section 5, below.

5. Retention and Withholding Payments. Progress payments shall be made in accordance with Public Contract Code sections 7201, 9203, and 20104.50. City shall retain five percent (5%) of any approved progress payment, except it may retain more if it makes special findings pursuant to Public Contract Code section 7201. City may decide to withhold a progress or retention payment in whole, or in part, to the extent reasonably necessary to protect City. In addition, City may withhold payment, in whole, or in part, to such extent as may be necessary to protect City from loss because of any acts or omissions by Contractor, including any rights to withhold mentioned in the Project Documents or based on stop payment notices. City shall pay the retainage pursuant to Public Contract Code section 7107.

6. Independent Contractor Status. Contractor and its subcontractors shall perform the Work as independent contractors and not as officers, employees, agents or volunteers of City. Contractor 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.

Contractor 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 Contractor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Contractor’s employees or subcontractors, any claim or right of action against City.

7. Contractor Representations; Standard of Care; Compliance with Law. Contractor represents that Contractor and any subcontractors utilized by Contractor are and will be qualified in the field for which the Work is being provided under this Agreement and Contractor and any subcontractors are now, and will be throughout their performance of the Work under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Work required and contemplated by this Agreement, as may be required by law. Contractor and its subcontractors shall utilize 229
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 3
the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Work, and shall comply with all applicable laws, regulations, and industry standards. Contractor shall comply with all Labor Code requirements for public works projects applicable to Contractor’s work under this Agreement.

8. Licensing. Contractor shall maintain the following license throughout the performance of this Agreement: Class A. Contractor shall also obtain and maintain a City of Fowler Business Tax Certificate prior to commencing performance of the Work.

9. Payment Bond. When required by applicable law, including Civil Code section 9550, prior to commencing any portion of the Work, the Contractor shall apply for and furnish City a payment bond for its portion of the Work which shall cover 100% payment for all obligations arising under the Project Documents and guaranteeing the payment in full of all claims for labor performed and materials supplied for the Work.

Only bonds executed by admitted Surety insurers as defined in Code of Civil Procedure section 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by City in writing, at the time of issuance of the bonds, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. City reserves the right to approve or reject the surety insurers selected by Contractor and to require Contractor to obtain bonds from surety insurers satisfactory to City.

10. Performance Bond. Prior to commencing any portion of the Work, the Contractor shall apply for and furnish City a performance bond for its portion of the Work which shall cover 100% faithful performance of all obligations arising under the Project Documents. Only bonds executed by admitted Surety insurers as defined in Code of Civil Procedure section 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by City in writing, at the time of issuance of the bonds, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. City reserves the right to approve or reject the surety insurers selected by Contractor and to require Contractor to obtain bonds from surety insurers satisfactory to City.

11. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 23 of this Agreement, if any Work performed hereunder is not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Contractor to correct the Work in conformity with the requirements of this Agreement at no additional increase in the payment to Contractor.

Contractor shall promptly correct the work rejected by City for failing to conform to the requirements of the Project Documents. Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Contractor to take all necessary steps to ensure future performance of the Work in conformity with the requirements of this Agreement. In the event Contractor fails to correct the Work or fails to take necessary steps to ensure future performance of the Work in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

12. [RESERVED]

13. Identity of Subcontractors. To the extent the following is not already included in Contractor’s Proposal and subject to the requirements of Public Contract Code section 4107, if applicable, Contractor shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors Contractor intends to utilize in Contractor’s performance of the Work on the Project; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Contractor shall only employ subcontractors pre-approved by City and in no event shall Contractor replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Contractor shall be liable to City for the performance of Contractor’s subcontractors. 230
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 4

14. Subcontractor Provisions. Contractor 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 Contractor 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 Contractor; (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement; and (d) require the payment of prevailing wages in accordance with State and Federal law, if applicable.

15. Prevailing Wages; Apprenticeship. The Project is a public work, the Work shall be performed as a public work and pursuant to the provisions of Section 1770 et seq. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof. Contractor shall be responsible for the payment of prevailing wages in accordance with State and Federal law. Contractor 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. The Contractor and any subcontractor under the Contractor as a penalty to the Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Contractor shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1777.5. Contractor shall register with the Department of Industrial Relations, if required.

16. Power to Act on Behalf of City. Contractor 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.

17. Record Keeping; Reports. Contractor shall keep complete records showing the Work performed.

Contractor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Contractor and its subcontractors for inspection and audit purposes.

Contractor shall provide City with a working draft of all plans, drawings, specifications, and/or reports upon reasonable request by City and of all final plans, drawings, specifications, and/or reports prepared by Contractor under this Agreement.

18. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Contractor or its subcontractors in connection with the Work, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request.

Contractor 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. Contractor shall not release any Work Product to third parties without prior written approval of the City Manager. 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.

19. Confidentiality. All Work Product prepared and performed by and on behalf of Contractor in connection with the Work 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. Contractor shall not disclose or permit the disclosure of any confidential information acquired during performance of the Work, except to its agents, employees and subcontractors who need such confidential information in order to 231
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 5
properly perform their duties relative to this Agreement. Contractor shall also require its subcontractors to be bound to these confidentiality provisions.

20. City Name and Logo. Contractor shall not use City's name or insignia, photographs relating to the City projects or work for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s Work under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

21. Conflicts of Interest. Contractor warrants that neither Contractor nor any of its employees have an interest, present or contemplated, in the Work or the Project which would affect Contractor’s or its employees’ performance of the Work and the completion of the Project. Contractor further warrants that neither Contractor nor any of its employees have real property, business interests or income that will be affected by the Work. Contractor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Work under this Agreement. During the performance of the Work, Contractor 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.

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

23. Termination of Agreement. This Agreement shall terminate upon completion of the Work, or earlier pursuant to the following.
a. Termination by City: For Convenience. City may, at any time, terminate this Agreement for convenience and without cause. Upon receipt of written notice from City of such termination, the Contractor shall (1) cease operations as directed by the City in the notice; (2) take actions necessary, or that the City may direct, for the protection and preservation of the work; and (3) except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. b. Termination by City or Contractor: 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 to cure within that time period or commence reasonable steps to cure the breach. Contractor’s failure to perform the Work as required by this Agreement or failure to correct non-conforming Work shall constitute a material breach of this Agreement.
c. Compensation to Contractor Upon Termination. Contractor shall be paid compensation for Work satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Contractor’s compensation has not become due, Contractor shall be paid the reasonable value of the Work performed. 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 in Section 4 herein. In the event of termination due to Contractor’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, Contractor shall: (i) promptly discontinue all Work affected, unless the notice directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by 232
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 6
the Contractor in performing this Agreement, whether completed or in process. Contractor may not refuse to provide such Work Product for any reason whatsoever.

24. Insurance. Contractor shall satisfy the insurance requirements set forth in Exhibit A.

25. Indemnity and Defense. Contractor 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 Contractor or its subcontractors relating to the performance of Work described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole or active negligence or willful misconduct. Contractor 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.

26. Warranty. Contractor warrants that material and equipment furnished for the Project will be of good quality and new unless otherwise required or permitted by the Project Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Project Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Such warranty shall extend for a period of not less than one (1) year from completion of the Project. If within the applicable warranty period any of the Work does not comply with the Project Documents, the Contractor shall correct it after receipt of City’s written notice to do so. Contractor shall correct the Work promptly, and passage of the applicable warranty period shall not release Contractor from its obligation to correct the Work if Owner provided the written notice within the applicable warranty period.

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

28. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Contractor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Contractor shall not assign the payment of any monies due to Contractor 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 Contractor directly to Contractor.

29. 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 email is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
233
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 7
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 ninety-six (96) hours after deposit.

30. Entire Agreement. This Agreement, including the Project Documents, represents the entire Agreement between City and Contractor 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 Contractor.

31. 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.

32. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities. Evidence of Contractor’s authority is attached as Exhibit D.

33. 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.

34. 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 Contractor in the County of Fresno, California. Contractor shall perform the Work required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

35. 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.

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

37. 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.

38. 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 234
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 8
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.

39. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the performance of the Work or with respect to any Contractor employees or applicants for employment. Contractor 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.

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

CONTRACTOR CITY OF FOWLER
By: __________________________ By: ______________________________ Mike Mauldin, President – Dawson-Mauldin, LLC Wilma Tucker, City Manager Date: __________________ Date: ______________________
Party Identification and Contact Information:

Contractor City of Fowler
Dawson-Mauldin, LLC Public Works Department
Attn: Travis Vickers Attn: Soo Ho Park
Director of Operations City Engineer
1071 Nebraska Ave. 128 S. 5th Street
Selma, CA 93662 Fowler, CA 93625
[email protected] [email protected]
(559) 896-0098 Office 559-429-8669
(559) 212-0430 Cell
ATTEST
_______________________________
Angela Vasquez, City Clerk

APPROVED AS TO FORM
235
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 9
_______________________________
Scott Cross, City Attorney
file:///J:\WDOCS\00601\037\AGT\00808561.DOC
236
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 10

EXHIBIT A

INSURANCE REQUIREMENTS
Prior to commencement of the Work, Contractor shall take out and maintain at its own expense the insurance coverage required by this Exhibit A. Contractor shall cause any subcontractor with whom Contractor contracts for the performance of Work pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Contractor’s performance of Work 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. Contractor 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 project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The General Liability Insurance shall be maintained for a period of ten (10) years following the earlier of completion of the Work by Contractor or termination of this Agreement.
(ii) Worker's Compensation Insurance as required by the State of California. (iii) Business 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 Contractor 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 Contractor 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) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Work performed pursuant to this Agreement, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, 237
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 11
and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) 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.
(iv) Contractor grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor 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.
(v) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Contractor 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. Contractor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Work 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 Contractor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Contractor’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 Contractor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Contractor, and the Contractor shall pay the cost thereof to City upon demand, and City shall furnish Contractor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Contractor under this Agreement. e. Subcontractors. If the Contractor should subcontract all or any portion of the work to be performed in this Agreement, the Contractor 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 Contractor to City under this Agreement. 238
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 12

EXHIBIT B

PROJECT DESCRIPTION

SCOPE OF WORK
Scope of work includes full compensation for all labor, materials, tools, equipment, and incidentals to furnish and install new banner poles with electrical outlets near the intersection of Merced Street and 7th Street as shown in the attached construction plan exhibit. Contractor shall furnish and install new banner pole foundations; furnish and install (2) two banner poles assemblies and cables as specified in the structural plans; furnish and install electrical conduits and pull box to provide a complete electrical conduit connection to the outlet receptacle on the north side banner pole; remove and replace any incidental curb, sidewalk, and brick pavers in the construction of said improvements; in accordance with the exhibits, structural plans, and City of Fowler standard drawings and specifications. Electrical work related to furnishing, installing, and terminating electrical conductors, typically installed by a licensed electrical contractor, is excluded from the project scope.

SCHEDULE
Upon the notice to proceed, the contractor shall procure all materials required and complete the work within 120 calendar days.
239
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 13

EXHIBIT C
CONTRACTOR’S PROPOSAL
242
Section 8, Item K.

LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
See cover letter for Bid Item inclusions and exclusions. No Permit costs were included in this estimate.

Project Name: City of Fowler - Merced Banner Poles Date of Work: Proposed D-M Job Number: Proposed
Project Adress: E Merced St and S 7th St County: Fresno, Ca Project Owner: City of Fowler Contact: Soo Ho Park
CM Phone: CM Email:

Owner Phone: (559)636-1166 Owner Email: [email protected] Project CM: Contact:

Bid Item Bid Item Description Unit Unit Cost Bid Item Total Notes:

Mobilization
3 Remove and Dispose of Existing Banner Pole System
5 Concrete Sidewalk
7 Flush Concrete Perimeter Curb
9 Miscellaneous Electrical
1 $ 8,000 $ 8,000
2 Traffic Control 1 $ 2,000 $ 2,000
1 1 $ 2,000 $ 2,000
4 Remove Existing Concrete Sidewalk, and Perimeter
Curb 1 $ 6,968 $ 6,968
1 $ 4,515 $ 4,515
6 Reinstall Brick Pavers 1 $ 4,462 $ 4,462
1 $ 3,632 $ 3,632
8 Furnish and Install Banner Pole System 1 $ 35,000 $ 35,000 10 Allowance if Needed -Micellaneous Facilities and
Operations (Relocating Existing
Signage, Damaged Brick Paver
Replacements, etc.)
1 $ 5,000.00 $ 5,000.00
Total All Bid Items $ 66,577
1 $ - $ -
243
Section 8, Item K.

Prepared: Oct. 2020; reviewed April 2023 14

EXHIBIT D

SIGNING AUTHORITY
244
Section 8, Item K.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE a First Amendment to the Professional Services Agreement with Dewberry Engineers, Inc. for the elevated water storage tank rehabilitation project.

EXECUTIVE SUMMARY
This First Amendment extends the Agreement expiration date to June 30, 2025. There is no added cost or project scope associated with this First Amendment.

BACKGROUND
On May 2, 2023, Council approved an Agreement with Dewberry Engineers, Inc. for the elevated water storage tank rehabilitation project.

As stated in the May 2, 2023 Staff Report, Dewberry’s scope of work includes a structural and hazardous materials assessment of the structure, creation of as-built documents, and development construction documents for the stabilization of the structure. Dewberry will also facilitate a robust in-person and virtual community engagement process to determine what aesthetic improvements should be made to the structure.

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
Goal CDES-2
Fowler incorporates enhanced gateways and wayfinding systems for an improved sense of arrival and orientation for residents and visitors.
245
Section 8, Item L.

Policy CDES-2
Enhance wayfinding opportunities within the planning area.

CDES-2a
Prepare a cohesive and locally branded wayfinding program for the downtown, local parks, historic sites of interest, and community trails. Wayfinding signs shall be consistent with City branding standards. Interpretive signage shall be developed to enhance locally important places.

Policy CDES-7
Maintain the integrity of community identifiers, that contribute to Fowler’s character. Community identifiers may include notable landmarks; historic buildings; and areas of historic, architectural, or aesthetic value.

Policy CDES-8
Promote the maintenance, restoration, and rehabilitation of historical resources and community identifiers through a variety of financial and development incentives.

FISCAL IMPACT AND PROCUREMENT PROCESS
There is no additional cost associated with extending the expiration date of this Agreement. As this Agreement was previously brought for Council approval, it is therefore returning for Council’s consideration of this First Amendment, consistent with the City’s Purchasing Policy.

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

Attachments
- First Amendment
246
Section 8, Item L.

FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 2, 2023
BETWEEN THE CITY OF FOWLER AND DEWBERRY ENGINEERS, INC.

A. The City of Fowler (“City”) desires modifications beyond the scope of the Agreement for the ELEVATED WATER STORAGE TANK REHABILITATION PROJECT, dated May 2, 2023 (“Agreement”).

B. The June 30, 2024, Agreement termination date as stated in Section 3 of the Agreement is revised to June 30, 2025.

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 on June 4, 2024.

DEWBERRY ENGINEERS, INC. CITY OF FOWLER
__________________________
Mike Pugh, PE, SE Wilma Tucker
Associate Vice President City Manager
Date: Date:
575 East Locust Avenue, Suite 204 128 South 5th Street
Fresno, California 93720 Fowler, CA 93625
(559) 493-5343 (559) 834-3113
247
Section 8, Item L.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE a Second Amendment to the Professional Services Agreement with Toole Design Group, LLC for the downtown streetscape conceptual plan and visual identity design services.

EXECUTIVE SUMMARY
This Second Amendment extends the Agreement expiration date to June 30, 2025. There is no added cost or project scope associated with this Second Amendment.

BACKGROUND
On August 16, 2022, Council approved an Agreement with Toole Design Group LLC for downtown streetscape conceptual design. On June 20, 2023, Council approved a First Amendment for visual identity design services.

As stated in the August 16, 2022 Staff Report, Toole’s scope includes development of a comprehensive plan for streetscape elements such as outdoor seating and dining, public art, wayfinding signage, street furniture, lighting, landscaping, and others. As stated in the June 20, 2023 Staff Report, Toole’s scope also includes conducting design analysis, engagement, and development of visual identity materials and design guidelines to include colors, fonts, logo usage, and other visual elements. As a part of Toole’s initial work related to the Downtown Streetscape Plan, Toole completed extensive community engagement and learned a great deal about the community, relationships and connections, goals, and identity.

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
Action Item LU-16a
Develop an ongoing improvement program for the downtown which maintains its unique character and provides an opportunity for a variety of services, retail uses, offices, and housing. 248
Section 8, Item M.

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.

Goal CDES-2
Fowler incorporates enhanced gateways and wayfinding systems for an improved sense of arrival and orientation for residents and visitors.

Policy CDES-2
Enhance wayfinding opportunities within the planning area.

CDES-2a
Prepare a cohesive and locally branded wayfinding program for the downtown, local parks, historic sites of interest, and community trails. Wayfinding signs shall be consistent with City branding standards. Interpretive signage shall be developed to enhance locally important places.

Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.

Policy CDES-7
Maintain the integrity of community identifiers, that contribute to Fowler’s character. Community identifiers may include notable landmarks; historic buildings; and areas of historic, architectural, or aesthetic value.

Policy CDES-8
Promote the maintenance, restoration, and rehabilitation of historical resources and community identifiers through a variety of financial and development incentives.

Policy CDES-11
Protect and enhance the downtown area as a critical element of Fowler’s identity and smalltown character.

FISCAL IMPACT AND PROCUREMENT PROCESS
There is no additional cost associated with extending the expiration date of this Agreement. As this Agreement was previously brought for Council approval, it is therefore returning for Council’s consideration of this Second Amendment, consistent with the City’s Purchasing Policy.

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

Attachments
- Second Amendment
249
Section 8, Item M.

SECOND AMENDMENT

TO THE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF FOWLER AND

TOOLE DESIGN GROUP, LLC
A. The City of Fowler (“City”) entered into an Agreement for Professional Services with Toole Design Group LLC (“Agreement”) on August 16, 2022 for downtown streetscape conceptual design.

B. The City entered into a First Amendment to that Agreement on June 20, 2023 for visual identity design services.

C. The City now desires additional modifications to the Agreement and First Amendment.

D. The Agreement termination date as stated in Section 3 of the Agreement, and Section B of the First Amendment is revised to June 30, 2025.

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 Second Amendment on June 4, 2024.

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
250
Section 8, Item M.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT:

APPROVE Resolution No. 2726 for project list of SB 1 Local Streets and Road Maintenance and Rehabilitation Account funds for fiscal year 2024-25.

EXECUTIVE SUMMARY
Staff recommends that City Council adopt Resolution No. 2726 to designate Fresno Street from 7 th to 3rd as the 2024-25 SB 1 Local Streets and Roads project.

BACKGROUND
The California State Legislature passed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 in April 2017. As part SB 1, specific transparency and accountability provisions must be met to ensure that the public is aware of the projects that have been completed utilizing SB 1 funds. The City must adopt, by July 1st, an annual resolution that lists the project that will be funded for the following year.

The recommended project is the resurfacing of Fresno Street from 7th Street to 3rd Street.

This is the same project and scope as identified for FY 23-24 since the estimated cost of construction exceeds the amount the City had accumulated to date. For FY24-25, the City is expected to have a total of $506,054 from the RMRA fund which includes previously unused funds with interest.

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. 251
Section 8, Item N.

GENERAL PLAN CONSISTENCY
This action is consistent with:

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 Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.

FISCAL IMPACT AND PROCUREMENT PROCESS
The adoption of the project and the resolution will allow the City to maintain eligibility to receive 2024-25 SB1 funding.

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

Attachments
- Resolution No. 2726
252
Section 8, Item N.

RESOLUTION NO. 2726

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 TO BE FUNDED

BY ROAD MAINTENANCE AND REHABILITATION ACCOUNT REVENUES IN

ACCORDANCE WITH THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 (SB 1)
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions to ensure the residents of the City of Fowler (“City”) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $183,446 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, the City has an estimated unused funds of $171,614 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, the City has an estimated unused funds of $150,994 in RMRA funding from Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the eighth (8th) year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one (1) street within the City this year and similar projects into the future; and WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “poor” condition. This revenue will help us increase 253
Section 8, Item N.
the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted project will be funded in-part or solely with fiscal year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Description Location Estimated
Useful
Life
Estimated
Project
Schedule
Fresno Street
Rehabilitation
Resurface Roadway Fresno Street from
7 th Street to 3rd
Street
10-15 Yr AUG 2024 –
DEC 2025
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, 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
254
Section 8, Item N.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: June 4, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: CONSIDER and APPROVE Resolution No. 2727, Approving a resolution of the City Council of the City of Fowler approving water rate increases and adjustments effective on July 1, 2024, and establishing an annual inflationary formula for future rate increases each July 1st beginning July 1, 2025, as needed.

EXECUTIVE SUMMARY
This is the Public Hearing pursuant to Proposition 218 to adopt Resolution No. 2727, increasing all water rates as set forth in the Water Rates Schedule attached as “Exhibit A” to Resolution 2727, effective on July 1, 2024.

BACKGROUND
In recent years, the Water Department has been experiencing revenue shortfalls. Only three rate increases have occurred since 2003. The three previous rate increases included a base rate increase in 2003, an overage rate increase in 2009, and a base rate increase in 2015.

During the years since then, operating costs have increased such that current revenue does not cover current costs. Funds from other City sources, including arrearage grant monies have been used to cover the recent shortfalls in revenue. Thus, it is necessary to increase the water rates to fully fund the revenue requirements needed to fully cover all water system costs.

On February 1, 2022, the City Council approved a contract with DTA Finance to perform a water rate study. Upon initial review, DTA confirmed that the water system is operating in a deficit compared to the annual water rates collected from the City’s water users. Based on this determination and expected capital improvement projects required for maintaining the continued safe and reliable operation of the system, DTA developed some scenarios for City Council consideration.

On February 21, 2023, the DTA Finance team presented four scenarios for City Council review and direction. Scenario 0 – Do Nothing; Scenario 1 – Increase rates to meet existing budget; Scenario 2 – Increase rates to meet alternate budget; Scenario 3 - Increase rates with a 255
Section 10, Item 10 B
conservation-based rate structure to meet the alternate budget. At this meeting, the City Council directed DTA and City Staff to proceed with Scenario 3.

On July 18, 2023, the DTA Finance team presented the first draft of the proposed conservation rates for non-industrial (residential, commercial, and institutional users) and industrial water users. After considering the proposed rates, the City Council directed DTA to continue with a two-tiered conservation-based rate structure, but also directed the base tier threshold be increased to 12,000 gallons from 10,000 gallons; reduce the capital costs; reduce the ending reserve balance; and also expressed a desire to reduce the proposed significant rate increase for industrial users while maintaining an equitable allocation to all land use types.

On November 7, 2023, the DTA Finance team presented revised conservation rates for nonindustrial and industrial water users. The revised rates slightly reduced the monthly base rate for both non-residential and industrial water users by reducing the reserves to 2 months of operating reserves. Additionally, the non-industrial users which consume more than the base tier (12,000 gallons per month) will pay a 1.8 multiplier for the second-tier rate. The first year rate for residential/commercial/institutional users will increase by approximately 8.7% while the industrial users will see an increase of approximately 66%. Then in the following years, there is a 5% yearly increase for the subsequent four years.

On March 5, 2024, City Council approved the 2023 Water Rate Study and initiated the Prop. 218 process of setting a Public Hearing on June 4, 2024, for consideration of an updated water fee schedule.

On April 16, 2024, a letter addendum for the 2023 Water Rate Study Report was filed to update the corresponding years of the 5-year rate adjustment schedule beginning with FY 24/25. The corrected 5-year rate adjustment schedule beginning on July 1, 2024, is attached as “Exhibit A” to Resolution No. 2727.

Prop. 218 Process
The California Constitution, as amended by Proposition 218 in 1996, requires that before utility rates or fees are increased, a City must provide notice of the proposed increased fees, hold a public hearing on the proposed increased fees, and consider protests against the proposed increased fees. Notice must be sent at least 45 days prior to the public hearing, and the increased fees can be approved at the public hearing and thereafter imposed, unless written protests are submitted by a majority of the property owners.

The City noticed all water customers in accordance with Proposition 218 requirements regarding the proposed rate increases and June 4, 2024, public hearing with written notice (and the proposed 5-year rate adjustment schedule) included in the monthly utility billings mailed no later than March 30, 2024. The City has also conducted several public informational workshops regarding the proposed water rate increases. The following methods of outreach were used by City staff in an effort to inform the public about the proposed water rates:

Water rate workshop February 21, 2023
Water rate workshop July 18, 2023
Water rate workshop November 7, 2023
Council review and approval of 2023 Water Rate Study March 5, 2024 2023 Water Rate Study posted on City website March 22, 2024 Proposition 218 Notice sent out via utility billings March 30, 2024 256
Section 10, Item 10B.

Public Hearing June 4, 2024
At the Public Hearing to be held on June 4, 2024, the public will have the opportunity to protest (either in writing or orally) the proposed water rates. Provided that the number of valid written protests received by the close of the public hearing does not exceed 50% of the owners of all parcels receiving water service (only 1 written protest per parcel will be counted), the City Council is authorized to approve the resolution and implement the proposed water rate increases. The City Clerk will tabulate the number of written protests received and verify their validity at the close of the public hearing.

PUBLIC NOTICE
A Notice of Public Hearing was mailed to all water utility customers as a utility billing insert mailed via US Mail no later than March 30, 2024, which is more than forty-five (45) days prior to the public hearing.

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 PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.

Goal PF-2
Fowler maintains and manages the orderly and efficient expansion of public facilities, utilities, and community services.

Policy SAF-14
Maintain the domestic water system in accordance with appliable water quality standards.

Action Item SAF-14a
Monitor funding sources for improvements, if necessary, to maintain the domestic water system in accordance with applicable water quality standards.

Policy PF-16
Design and construct water system infrastructure as needed to meet current and future water demands and system requirements.

Policy PF-17
Continue to establish development fees and user rates that are sufficient to operate, maintain, and upgrade (for current and future regulatory requirements) the City’s water, wastewater, and stormwater infrastructure.
257
Section 10, Item 10B

FISCAL IMPACT AND PROCUREMENT PROCESS
As currently budgeted, the Water Enterprise Fund is operating at a structural deficit. If the proposed rate increases are approved, the schedule of rate increases would be implemented each year for five years, starting in July 2024. The rate increases will fund the necessary Capital Improvement Program, the increased inflationary cost of maintenance and operations, and ensure that the Water Enterprise Fund does not operate in a deficit.

The Water Rate Study was procured through a competitively bid RFP process.

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

Attachments
- Resolution No. 2727
- Resolution No. 2727, Exhibit A
258
Section 10, Item 10B
RESOLUTION NO. 2727

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

WATER RATE INCREASES AND A SCHEDULE OF ADJUSTMENTS EFFECTIVE ON JULY 1, 2024.

WHEREAS, Government Code Section 54344 authorizes the City Council to establish and fix rates and charges for the water utility and related services; and WHEREAS, Fowler Municipal Code Section 6-4.601 provides for the establishment of water service rates by resolution of the City Council; and WHEREAS, David Tasussig and Associates, Inc. dba DTA prepared a Comprehensive Water Rate Study (“Study”) for the City and presented water rate alternatives; and WHEREAS, the City Council conducted public workshops and meetings on the water rate alternatives during City Council meetings on February 21, 2023, July 18, 2023, November 7, 2023, and March 5, 2024, during which the rate alternatives presented in the Study were reviewed and discussed, and comments were received from the City Council and the public on the water rate alternatives, and the City Council provided direction on the proposed water rate alternatives; and WHEREAS, notice of the proposed increased water rates was mailed to the record owners and water customers of each parcel in accordance with the requirements of Proposition 218 and Government Code section 53755; and
WHEREAS, a public hearing to consider the proposed water rates and any protests to such rates was duly held and conducted at the City Council meeting on June 4, 2024, which meeting and hearing was more than 45 days after the required written notice was mailed to property owners and water customers in accordance with the requirements of Proposition 218 and Government Code section 53755; and
WHEREAS, written protests to the proposed water rates were not presented by a majority of the owners of the identified parcels in the City of Fowler before the close of the public hearing, and therefore a majority protest to the proposed increased water rates does not exist and the City Council is authorized to approve the proposed increased water rates in the schedule attached hereto as Exhibit “A”; and
WHEREAS, the City Council deems it in the public interest to adjust the water service rates and charges as set forth in the water rates schedule attached hereto as Exhibit “A”; and WHEREAS, the proposed water rates set forth in Exhibit “A” are required to cover the cost of providing such services to the users thereof and the rates and charges set forth therein are non-discriminatory and do not exceed the cost of providing water services for which the rates and charges are imposed; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as follows:
259
Section 10, Item 10B

1. The City of Fowler Water Rates Schedule set forth in Exhibit “A” attached hereto is hereby approved and adopted, and the new water rates shall be effective beginning on July 1, 2024, and all customers receiving City water service shall be billed the applicable water rate as set forth in Exhibit “A”.

2. The water rates shall be increased by 5% annually each July 1 in future years beginning on July 1, 2025, according to the Water Rates Schedule attached hereto as Exhibit ”A”.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, 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
260
Section 10, Item 10B
128 South Fifth Street ♦ Fowler, CA 93625 ♦ Voice: 559-834-3113 ♦ Fax: 559-834-0185 Exhibit A
City of Fowler Water Rates Schedule
Residential, Commercial, Institutional (All Land Uses other than Industrial Property) Fiscal Year 24/25 25/26 26/27 27/28 28/29
Effective Date July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028 Base Rate up to 12,000 Gallons per Month $26.35 $27.67 $29.05 $30.50 $32.03 Per Additional 1,000 Gallons per Month $4.74 $4.98 $5.23 $5.49 $5.77 Industrial Property Only
Fiscal Year 24/25 25/26 26/27 27/28 28/29
Effective Date July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028 Base Rate up to 12,000 Gallons per Month $40.15 $42.16 $44.27 $46.48 $48.80 Per Additional 1,000 Gallons per Month $4.02 $4.22 $4.43 $4.65 $4.88 261
Section 10, Item 10B