CITY COUNCIL MEETING
TUESDAY, JULY 16, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
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https://us06web.zoom.us/j/89891905381?pwd=3YXyQYNEZ_f1UsE0UeNJPwrJD3H29A.2lFocp G13tjacRgTelephone Number: (253) 215-8782
Meeting ID: 898 9190 5381
Passcode: 538563
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Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at https://fowlercity.org.
Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
1. MEETING CALLED TO ORDER
2. ROLL CALL
3. APPROVAL OF AGENDA
4. INVOCATION BY PASTOR ROD HARO JR OF THE WORSHIP CENTRE
5. PLEDGE OF ALLEGIANCE
6. PUBLIC COMMENT
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 3 minutes per person and no more than 15 minutes per topic.
7. CONSENT CALENDAR
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
A. RATIFY Pay Warrants for July 16, 2024
B. APPROVE Minutes of the June 13, 2024 City Council Special Meeting C. APPROVE Minutes of the June 18, 2024 City Council Meeting D. APPROVE Resolution No. 2733 approving the updated Employee Benefits Handbook.
E. APPROVE Resolution No. 2735 Concerning Certifications and Claims for Collection of Measure “C” Funds for Fiscal Year 2024-2025 and Authorize the Finance Director to Sign the Local Transportation Pass Through Revenue Certifications and Claim Forms.
F. RECEIVE AND FILE the City of Fowler Cash and Investment Report for the Fourth Quarter ending June 30, 2024
G. APPROVE a Property Tax Allocation Agreement with the Fresno County Fire Protection District
H. APPROVE a $66,137.04 payment to the Selma-Kingsburg-Fowler County Sanitation District (SKF) for capacity, inspection, and plan check fees for the David T. Cardenas Senior Center and Police Headquarters
I. ADOPT Ordinance No. 2024-03, repealing Title 9 of the Fowler Municipal Code (Planning and Zoning Code) adopting the Citywide Zoning Code Update.
J. APPROVE a Memorandum of Agreement with the Fresno Council of Governments and authorize the Interim City Manager to execute
K. APPROVE a one-year agreement with the City of Selma for animal control services in the amount of $18,000
L. Actions pertaining to purchase of one aerial bucket truck. i. APPROVE Resolution No. 2736, a resolution approving and adopting budget amendments for the additional funding for the purchase of a new aerial bucket truck for fiscal year 2024/ 2025.
ii. APPROVE the purchase of a 2024 Ford F350 Pickup from Lithia Ford of Fresno in the amount of $53,177.96 and authorize the Interim City Manager to execute the purchase.
iii. APPROVE the purchase of Zelta LJ13A pickup bed articulated aerial lift device from M & M Lifts, Inc. in the amount of $51,365.00 and authorize the Interim City Manager to execute the purchase.
M. APPROVE Resolution No. 2737 adopting both a Negative Declaration and the Fresno Council of Governments (FCOG) Regional Active Transportation Plan (RATP).
N. APPROVE an Agreement for the installation, removal, and storage of holiday decorations for the City of Fowler in the amount of $8,525.00 per year to Sierra Installations, Inc. and authorize the Interim City Manager to negotiate and execute the Agreement.
O. APPROVE a donation to Outbreak Youth Ministry in the amount of $1,500 P. AUTHORIZE the Interim City Manager to enter into an agreement with FCTA to obtain construction gap funding in the amount of $402,498 for the Golden State Boulevard Bike and Pedestrian Trail from Merced Street to Manning Avenue.
8. CONTESTED CONSENT CALENDAR
Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.
9. GENERAL ADMINISTRATION
Personnel
9A. APPROVE Resolution No. 2734 adopting the salary classification schedule Public Works
9B. Actions pertaining to Water Tower agreement and visual identity:
i. APPROVE an Agreement for the Water Tower Rehabilitation Phase 2 Project in the amount of $199,836.00 to Cal Inc. and authorize the Interim City Manager to negotiate and execute the Agreement.
ii. PROVIDE staff direction on visual identity outreach. 9C. APPROVE Resolution No. 2738, Confirming the Diagram and Assessment of the 2024-25 Annual Levy for Landscaping and Storm Drainage Facilities Maintenance District No. 1.
10. STAFF COMMUNICATIONS
10A. Update on Tract 6381
11. COUNCILMEMBER REPORTS AND COMMENTS
12. CLOSED SESSION
Government Code Section 54956.9(d)(4)
Conference with legal counsel - Anticipated Litigation
Deciding whether to initiate litigation
One potential case
Government Code Section 54956.8
Property: 343-233-02ST & 343-233-03ST
Agency Negotiator: Thomas W. Gaffery IV, Interim City Manager Negotiating Party: Qawadri LLC, Rakkar Development and Construction Under Negotiation: Terms of Disposition and Development Agreement Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated representative: Interim City Manager
Unrepresented employees: Assistant City Manager, Finance Director, Public Works Director, City Clerk
Government Code Section 54957
Public Employee Appointment/Employment
Title: City Manager
13. RECONVENE INTO OPEN SESSION AND REPORT ACTION
14. ADJOURN
Next Ordinance No. 2024-04
Next Resolution No. 2739
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, July 12, 2024.
Angela Vasquez, CPMC
City Clerk
CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 43040-43192 June 13 thru July 10 $ 627,977.03 TOTAL ACCOUNTS PAYABLE CHECKS $ 627,977.03
PAYROLL COSTS
Second June Bi-Monthly Payroll June 30, 2024 $ 122,475.45 First July Bi-Monthly Payroll July 15, 2024 $ 148,123.33 TOTAL PAYROLL COSTS $ 270,598.78
TOTAL CASH DISBURSEMENTS $ 898,575.81
NOTE:
Check #43122 Void Check
Check #43123 Void Check
Check #43142 Void Check
Check #43180 Void Check
CITY OF FOWLER
WARRANTS LIST
July 16, 2024
6 Section 7, Item A.
SUPERION PAGE NUMBER: 1
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43040 06/19/24 15013 ADVANCED PEST WIPEO 6700 5185 PEST CNT JUN24-SN C 0.00 95.00 1001 43040 06/19/24 15013 ADVANCED PEST WIPEO 6130 5185 PEST CNT JUN24-FIRE 0.00 95.00 1001 43040 06/19/24 15013 ADVANCED PEST WIPEO 6020 5185 PEST CNT JUN24-ADMI 0.00 90.00 TOTAL CHECK 0.00 280.00
1001 43041 06/19/24 10007 ALERT-O-LITE, INC 6200 5120 SUPPLIES-ST 0.00 419.32 1001 43042 06/19/24 14768 ALVES ELECTRIC 6200 5202 ELECTRIC REPAIR-ST 0.00 625.00 1001 43042 06/19/24 14768 ALVES ELECTRIC 6200 5202 ELECTRIC REPAIR-ST 0.00 520.00 TOTAL CHECK 0.00 1,145.00
1001 43043 06/19/24 14519 AMAZON CAPITAL SERV 6030 5110 SUPPLIES-FINANCE 0.00 64.53 1001 43044 06/19/24 12285 ATT 6170 5160 ATT INTER JUN24-PD 0.00 1,680.19 1001 43045 06/19/24 12489 BATTERY SYSTEMS INC 6200 5200 BATTERY-ST 0.00 68.78 1001 43047 06/19/24 10025 BUFORD OIL COMPANY 6120 5210 CFN LEADFREE GAS-PD 0.00 356.01 1001 43048 06/19/24 10506 CALMAT CO DBA VULCA 6200 5195 ASPHALT RPR-PW 0.00 327.11 1001 43049 06/19/24 12654 COMCAST 6170 5160 ETHERNET SVC JUN24- 0.00 1,156.17 1001 43050 06/19/24 14429 CORE & MAIN 6200 5202 SUPPLIES-ST 0.00 381.97 1001 43052 06/19/24 10488 FOWLER UNIFIED SCHO 6260 5210 FUEL APR24-PARK 0.00 277.09 1001 43052 06/19/24 10488 FOWLER UNIFIED SCHO 6200 5210 FUEL APR24-ST 0.00 1,222.80 TOTAL CHECK 0.00 1,499.89
1001 43053 06/19/24 10104 FPOA 100 2045 EMP DED 06/15/24 0.00 250.00 1001 43055 06/19/24 14749 HOFFMAN SECURITY 6700 5160 ACCESS CNT JUN24 0.00 55.00 1001 43055 06/19/24 14749 HOFFMAN SECURITY 6700 5160 SECURITY SVC JUN24 0.00 275.00 1001 43055 06/19/24 14749 HOFFMAN SECURITY 6020 5220 ACCESS SVC JUN24 0.00 454.00 TOTAL CHECK 0.00 784.00
1001 43056 06/19/24 11018 HOME DEPOT CREDIT S 6120 5185 SUPPLIES-PD 0.00 147.72 1001 43056 06/19/24 11018 HOME DEPOT CREDIT S 6200 5202 SUPPLIES-ST 0.00 174.15 1001 43056 06/19/24 11018 HOME DEPOT CREDIT S 6200 5195 SUPPLIES-PW 0.00 315.32 1001 43056 06/19/24 11018 HOME DEPOT CREDIT S 6200 5195 SUPPLIES-PW 0.00 346.04 1001 43056 06/19/24 11018 HOME DEPOT CREDIT S 6120 5185 SUPPLIES-PD 0.00 773.41 1001 43056 06/19/24 11018 HOME DEPOT CREDIT S 6700 5185 SUPPLIES-SN CTR 0.00 1,710.23 TOTAL CHECK 0.00 3,466.87
1001 43057 06/19/24 12076 KEY DESIGN LOCKSMIT 6200 5121 LOCKS-PW 0.00 543.86 1001 43058 06/19/24 10215 NELSON HARDWARE & G 6200 5195 SUPPLIES-ST 0.00 13.01 1001 43059 06/19/24 10885 NELSONS POWER CENTE 6260 5200 SUPPLIES-PARKS 0.00 41.22 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6080 5170 128 S 5TH 6/4/24 0.00 3.63 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 6/4/24 0.00 8.12 7 Section 7, Item A.
SUPERION PAGE NUMBER: 2
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/7TH 6/4/24 0.00 9.86 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/6TH 6/4/24 0.00 9.86 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 1291 W SOUTH 6/4/24 0.00 9.87 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 6/4/24 0.00 14.63 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 WALTER/FRES 6/13/24 0.00 16.20 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6080 5170 128 S 5TH 6/4/24 0.00 16.99 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 7TH/TULARE 6/4/24 0.00 24.64 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 420 E MERCED 6/4/24 0.00 35.49 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 6/4/24 0.00 45.91 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 127 S 6TH 6/4/24 0.00 -0.99 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5834 6/3/24 0.00 68.08 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6260 5170 9TH/MERCED 6/4/24 0.00 85.90 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 212 E MERCED 6/4/24 0.00 101.88 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 2831 E MANN 6/4/24 0.00 114.52 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 GLDNST B 6/4/24 0.00 119.63 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5212 6/13/24 0.00 143.16 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 4218 GLNDSTAT 6/4/2 0.00 152.55 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/TEMP 6/13/24 0.00 224.35 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 SOUTH&SUNNY 6/13/24 0.00 235.21 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6260 5170 500 E MERCED 6/4/24 0.00 287.71 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 6/4/24 0.00 894.77 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6200 5170 LOAN PROG 6/4/24 0.00 941.28 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 6/4/24 0.00 1,544.23 1001 43061 06/19/24 10237 P G & E - SACRAMENT 6080 5170 MAIN/5TH 6/4/24 0.00 12,881.52 TOTAL CHECK 0.00 17,989.00
1001 43062 06/19/24 13095 PBM SUPPLY & MFG 6260 5203 SUPPLIES-PARKS 0.00 49.30 1001 43063 06/19/24 11179 R G EQUIPMENT 6260 5200 SUPPLIES-PARKS 0.00 76.60 1001 43063 06/19/24 11179 R G EQUIPMENT 6260 5200 SUPPLIES-PARKS 0.00 3.01 TOTAL CHECK 0.00 79.61
1001 43064 06/19/24 14479 RG POWER 6200 5205 SUPPLIES-PW 0.00 76.06 1001 43064 06/19/24 14479 RG POWER 6200 5205 SUPPLIES-PW 0.00 105.51 TOTAL CHECK 0.00 181.57
1001 43066 06/19/24 15016 S&J AUTOMOTIVE 6200 5205 A/C RPR F150 2013-P 0.00 549.95 1001 43067 06/19/24 13355 SITE ONE LANDSCAPE 6260 5203 MAINTENANCE-PARKS 0.00 32.51 1001 43067 06/19/24 13355 SITE ONE LANDSCAPE 6260 5203 MAINTENANCE-PARKS 0.00 492.50 TOTAL CHECK 0.00 525.01
1001 43068 06/19/24 14358 SPARKLETTS 6020 5121 WTR SVC JUN24-ADMIN 0.00 133.28 1001 43068 06/19/24 14358 SPARKLETTS 6120 5121 WTR SVC JUN24-PD 0.00 133.28 TOTAL CHECK 0.00 266.56
1001 43069 06/19/24 13226 ST GREGORY ARMENIAN 6010 5110 ST OF CITY CATERING 0.00 2,052.00 1001 43070 06/19/24 10763 SUNBELT RENTALS 6200 5182 EQUIPMENT RENTAL-PW 0.00 114.38 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 58.49 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 7.54 8 Section 7, Item A.
SUPERION PAGE NUMBER: 3
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 64.13 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 71.99 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 80.21 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 81.04 TOTAL CHECK 0.00 363.40
1001 43077 06/26/24 11689 A & C TIRE SERVICE 6200 5205 F150 07 ALIGNMENT-P 0.00 885.27 1001 43078 06/26/24 14519 AMAZON CAPITAL SERV 6400 5110 SUPP PANCAKENPETS 0.00 672.46 1001 43078 06/26/24 14519 AMAZON CAPITAL SERV 6700 5100 FANS-SN CTR 0.00 146.00 TOTAL CHECK 0.00 818.46
1001 43080 06/26/24 14867 ASHLEY PANELLA 6700 5110 PAINT CLASS JUN24 0.00 150.00 1001 43080 06/26/24 14867 ASHLEY PANELLA 6700 5110 PAINT CLASS APR24 0.00 150.00 1001 43080 06/26/24 14867 ASHLEY PANELLA 6700 5110 PAINT CLASS MAY24 0.00 150.00 TOTAL CHECK 0.00 450.00
1001 43082 06/26/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-PLHA JUN24-CED 0.00 341.25 1001 43082 06/26/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-CONS ZONE UPDAT 0.00 344.00 TOTAL CHECK 0.00 685.25
1001 43084 06/26/24 10475 FRESNO COUNTY GRAPH 6025 5110 PRINTING-ADMIN 0.00 45.25 1001 43084 06/26/24 10475 FRESNO COUNTY GRAPH 6010 5110 PLAQUES MAYOR BFAST 0.00 96.42 TOTAL CHECK 0.00 141.67
1001 43085 06/26/24 10145 HINDERLITER, DELLAM 6030 5220 CONT SVC APR-JUN24 0.00 300.00 1001 43088 06/26/24 14111 KIMBALL MIDWEST 6200 5195 SUPPLIES-ST 0.00 1,505.97 1001 43089 06/26/24 10965 LAFCO 6150 5220 24/25 ACTTC FEE 0.00 41.92 1001 43089 06/26/24 10965 LAFCO 6150 5220 24/25 LAFCO 0.00 2,892.70 TOTAL CHECK 0.00 2,934.62
1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 90.00 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 517.50 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 675.00 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES JUN2 0.00 780.00 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 405.00 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 832.50 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 1,080.00 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 1,106.80 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 1,417.50 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 2,092.50 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 7,101.50 1001 43090 06/26/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES MAY2 0.00 8,010.51 TOTAL CHECK 0.00 24,108.81
1001 43092 06/26/24 10215 NELSON HARDWARE & G 6200 5195 SUPPLIES-ST 0.00 86.74 1001 43092 06/26/24 10215 NELSON HARDWARE & G 6200 5195 SUPPLIES-ST 0.00 207.59 TOTAL CHECK 0.00 294.33
1001 43093 06/26/24 10885 NELSONS POWER CENTE 6260 5200 SUPPLIES-PARKS 0.00 255.59 9 Section 7, Item A.
SUPERION PAGE NUMBER: 4
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43094 06/26/24 10237 P G & E - SACRAMENT 6200 5170 3079 MANN 6/20/24 0.00 112.31 1001 43095 06/26/24 12384 PITNEY BOWES GLOBAL 6020 5180 LEASE 1/1-6/30 0.00 36.48 1001 43096 06/26/24 14433 PRICE PAIGE & COMPA 6030 5220 PROFESSIONAL SVC 6/ 0.00 488.00 1001 43096 06/26/24 14433 PRICE PAIGE & COMPA 6020 5220 PROFESSIONAL SVC 6/ 0.00 1,078.00 TOTAL CHECK 0.00 1,566.00
1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-49 0.00 85.50 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP 23-55 0.00 85.50 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG LLA 23-29 0.00 85.50 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG SPR 22-21 0.00 146.80 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5220 SPR 22-32 PLN 0.00 158.50 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5220 PLN TM 22-0047 0.00 364.80 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG FM TRACT 6405 0.00 561.30 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG FM MARSHALL 0.00 572.98 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP 22-0108 0.00 960.50 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG CLAYTON SUB DIV 0.00 1,532.00 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG SPR 23-24 0.00 1,724.73 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG SOUTH AVE 0.00 2,667.60 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6200 5510 ENCROACHMENT PERMIT 0.00 2,961.89 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP 24-0091 0.00 3,608.72 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6260 5710 DW HP IMPROVEMENT 0.00 3,951.40 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 6150 5510 ENG ME II 0.00 10,321.56 TOTAL CHECK 0.00 29,789.28
1001 43098 06/26/24 11179 R G EQUIPMENT 6260 5200 SUPPLIES-PARKS 0.00 81.62 1001 43098 06/26/24 11179 R G EQUIPMENT 6260 5200 SUPPLIES-PARKS 0.00 95.54 1001 43098 06/26/24 11179 R G EQUIPMENT 6260 5200 SUPPLIES-PARKS 0.00 177.17 TOTAL CHECK 0.00 354.33
1001 43102 06/26/24 10763 SUNBELT RENTALS 6200 5182 EQUIP RENT-PW 0.00 406.68 1001 43103 06/26/24 11250 T&T PAVEMENT MARKIN 6200 5202 MAINTENANCE-ST 0.00 1,105.71 1001 43104 06/26/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 7.54 1001 43104 06/26/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 58.50 1001 43104 06/26/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 64.13 1001 43104 06/26/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 80.21 TOTAL CHECK 0.00 210.38
1001 43105 06/26/24 14259 VISUAL EDGE IT INC 6170 5180 COPIER SVC 6/23-7/2 0.00 1,090.65 1001 43106 06/26/24 15050 WENDY REGOZA 100 3701 BOOTH REFUND 0.00 120.00 1001 43107 06/26/24 14290 XEROX FINANCIAL SER 6170 5180 LEASE MAY24 0.00 1,515.43 1001 43111 07/03/24 11689 A & C TIRE SERVICE 6200 5205 VALVE STEM RPR-PW 0.00 20.00 1001 43111 07/03/24 11689 A & C TIRE SERVICE 6120 5205 TIRES CAMRY-PD 0.00 240.09 TOTAL CHECK 0.00 260.09
10 Section 7, Item A.
SUPERION PAGE NUMBER: 5
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43112 07/03/24 14746 ALEJO DELGADO 6400 5110 BAND 4TH EVENT JUL2 0.00 2,100.00 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6120 5100 CREDIT SUPP-PD 0.00 -28.32 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6120 5100 CREDIT SUPP-PD 0.00 -28.32 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6120 5100 CREDIT SUPP-PD 0.00 -27.17 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6120 5100 CREDIT SUPP-PD 0.00 -27.17 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6150 5100 SUPPLIES-PLN 0.00 26.10 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 29.10 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6120 5100 OFF SUPP MAY24-PD 0.00 151.00 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6400 5110 4THOFJULY SUPP-REC 0.00 195.10 1001 43113 07/03/24 14519 AMAZON CAPITAL SERV 6400 5110 4THOFJULY SUPP-REC 0.00 119.82 TOTAL CHECK 0.00 410.14
1001 43114 07/03/24 10026 BCT CONSULTING 6170 5230 YEALINK PHONE-IT 0.00 599.31 1001 43114 07/03/24 10026 BCT CONSULTING 6170 5230 VOIP JUL24 0.00 933.73 1001 43114 07/03/24 10026 BCT CONSULTING 6170 5230 NETWORK SVCS JUL24 0.00 2,243.32 1001 43114 07/03/24 10026 BCT CONSULTING 6170 5230 DESKTOP SVC JUL24 0.00 3,319.00 TOTAL CHECK 0.00 7,095.36
1001 43115 07/03/24 15053 BETTER EARTH ELECTR 100 3103 BUILDING FEES REFUN 0.00 200.20 1001 43116 07/03/24 15054 BOLING AIR MEDIA 6400 5110 SKYDIVERS 4TH JUL24 0.00 4,150.00 1001 43117 07/03/24 11291 THE BUSINESS JOURNA 6020 5110 RECRUIT SVC-ADMIN 0.00 130.00 1001 43117 07/03/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-ORD 2024-02 0.00 130.00 TOTAL CHECK 0.00 260.00
1001 43118 07/03/24 10056 CITY OF FOWLER TREA 6025 5110 EMPLOYEE RECOG DEC2 0.00 4.87 1001 43118 07/03/24 10056 CITY OF FOWLER TREA 6010 5110 SUPPLIES-COUNCIL 0.00 25.88 1001 43118 07/03/24 10056 CITY OF FOWLER TREA 6025 5110 EMPLOYEE RECOG JUN2 0.00 48.09 1001 43118 07/03/24 10056 CITY OF FOWLER TREA 6200 5110 EMPLOYEE RECOG JUN2 0.00 31.50 TOTAL CHECK 0.00 110.34
1001 43119 07/03/24 10064 COLONIAL LIFE INSUR 100 2042 EMP DED JUN24 0.00 47.42 1001 43120 07/03/24 14512 CSG CONSULTANTS 6160 5220 PLAN CHECK 0.00 6,668.54 1001 43121 07/03/24 10084 DEPARTMENT OF JUSTI 6120 5100 FINGERPRINTS-PD 0.00 60.00 1001 43121 07/03/24 10084 DEPARTMENT OF JUSTI 6120 5100 FINGERPRINT APR24-P 0.00 115.00 1001 43121 07/03/24 10084 DEPARTMENT OF JUSTI 6400 5100 FINGERPRINT APR24-R 0.00 128.00 TOTAL CHECK 0.00 303.00
1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 0.85 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 0.90 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1.52 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1.94 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 2.15 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6130 5110 SUPPLIES-ST 0.00 2.80 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 4.97 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6130 5110 SUPPLIES-ST 0.00 4.97 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 14.70 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 15.14 11 Section 7, Item A.
SUPERION PAGE NUMBER: 6
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.31 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.79 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 21.62 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 21.63 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 21.63 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 25.25 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 26.60 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 27.05 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 30.29 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 30.29 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 30.29 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 33.51 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 37.87 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 41.11 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 43.27 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 44.35 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 45.42 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 49.76 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 59.50 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 86.57 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 121.17 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.81 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.81 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.81 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.38 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 9.07 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.56 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.13 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.10 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.48 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 5.40 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 12.98 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 12.98 TOTAL CHECK 0.00 993.73
1001 43126 07/03/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.56 1001 43126 07/03/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 16.23 1001 43126 07/03/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 20.55 1001 43126 07/03/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 32.00 TOTAL CHECK 0.00 76.34
1001 43127 07/03/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 71.31 1001 43128 07/03/24 10488 FOWLER UNIFIED SCHO 6120 5210 FUEL MAY24-PD 0.00 3,956.26 1001 43128 07/03/24 10488 FOWLER UNIFIED SCHO 6200 5210 FUEL DEC23-PW 0.00 469.96 1001 43128 07/03/24 10488 FOWLER UNIFIED SCHO 6260 5210 FUEL DEC23-PW 0.00 469.95 1001 43128 07/03/24 10488 FOWLER UNIFIED SCHO 6120 5210 FUEL APR24-PD 0.00 4,540.53 TOTAL CHECK 0.00 9,436.70
1001 43129 07/03/24 10104 FPOA 100 2045 EMP DED 06/30/24 0.00 250.00 1001 43130 07/03/24 10141 H & H TIRE SERVICES 6120 5205 TIRE RPR #10-PD 0.00 50.00 12 Section 7, Item A.
SUPERION PAGE NUMBER: 7
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43131 07/03/24 14749 HOFFMAN SECURITY 6170 5160 SVCS/ACCESS JUL24 0.00 454.00 1001 43131 07/03/24 14749 HOFFMAN SECURITY 6700 5160 ACCESS JUN24-SN CTR 0.00 55.00 1001 43131 07/03/24 14749 HOFFMAN SECURITY 6700 5160 SEC SVC JUN24-SN CT 0.00 275.00 TOTAL CHECK 0.00 784.00
1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6025 5084 HEALTH BENEFITS JUN 0.00 986.69 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6150 5084 HEALTH BENEFITS JUN 0.00 1,018.44 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 100 2041 HEALTH BENEFITS JUN 0.00 1,080.00 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6400 5084 HEALTH BENEFITS JUN 0.00 1,093.97 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6160 5084 HEALTH BENEFITS JUN 0.00 1,103.47 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6020 5084 HEALTH BENEFITS JUN 0.00 1,633.20 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6200 5084 HEALTH BENEFITS JUN 0.00 1,754.77 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6120 5084 HEALTH BENEFITS JUN 0.00 10,019.34 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6030 5084 HEALTH BENEFITS JUN 0.00 339.14 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6260 5084 HEALTH BENEFITS JUN 0.00 850.37 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 6700 5084 HEALTH BENEFITS JUN 0.00 867.86 TOTAL CHECK 0.00 20,747.25
1001 43134 07/03/24 14111 KIMBALL MIDWEST 6200 5195 SUPPLIES-ST 0.00 205.77 1001 43134 07/03/24 14111 KIMBALL MIDWEST 6200 5195 SUPPLIES-ST 0.00 274.35 1001 43134 07/03/24 14111 KIMBALL MIDWEST 6260 5195 SUPPLIES-PARKS 0.00 274.36 TOTAL CHECK 0.00 754.48
1001 43135 07/03/24 14919 LIBERTY CHEMICAL EQ 6260 5200 SUPPLIES-PARKS 0.00 113.56 1001 43136 07/03/24 11507 LIEBERT CASSIDY WHI 6020 5100 CONSORTIUM JUL-JUN2 0.00 1,700.00 1001 43138 07/03/24 14428 NAVIA BENEFIT SOLUT 6020 5220 COBRA JUN24 0.00 200.00 1001 43139 07/03/24 10885 NELSONS POWER CENTE 6200 5205 FLEET-PW 0.00 44.55 1001 43139 07/03/24 10885 NELSONS POWER CENTE 6200 5195 CONCRETE-PW 0.00 278.24 TOTAL CHECK 0.00 322.79
1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 SUMER&MAGNOLA 6/13/ 0.00 6.74 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 429 E. MERCED 6/23/ 0.00 7.39 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 6/13/2 0.00 11.50 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-E HWY LT 6/13/2 0.00 13.13 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 SUMNER/HW99 6/13/24 0.00 13.48 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 TSFR 3LTS 6/13/24 0.00 14.42 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 8TH/VINE 6/13/24 0.00 17.73 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-A HWY LT 6/13/2 0.00 21.14 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/DEEAN 6/13/24 0.00 22.12 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 TR5090 6/13/24 0.00 32.38 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 TEMP/PARL 6/13/24 0.00 47.17 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 6/13/2 0.00 47.17 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6130 5170 220 E. MAIN 6/24/24 0.00 47.75 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 6/13/2 0.00 49.78 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 6/13/2 0.00 70.03 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6150 5170 122 S. 5TH #A 6/24/ 0.00 73.37 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 TR5041 6/13/24 0.00 122.94 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 T5088 6/13/24 0.00 152.80 13 Section 7, Item A.
SUPERION PAGE NUMBER: 8
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 GLDST/VLY DR 6/13/2 0.00 222.90 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 CLAYTON/ARMST 6/13/ 0.00 280.58 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-C HWY 6/13/24 0.00 346.85 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 6/13/2 0.00 420.42 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 630 W. FRESNO 6/21/ 0.00 620.55 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS1-A 6/13/24 0.00 821.40 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 6/13/2 0.00 1,066.18 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LSI-E HWY LT 6/13/2 0.00 1,134.55 1001 43140 07/03/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 6/13/2 0.00 1,647.70 TOTAL CHECK 0.00 7,332.17
1001 43141 07/03/24 13655 PROVOST & PRITCHARD 6170 5230 GIS SERVICE APR24 0.00 439.60 1001 43141 07/03/24 13655 PROVOST & PRITCHARD 6200 5510 ON CALL ENG MAY24 0.00 12,802.82 TOTAL CHECK 0.00 13,242.42
1001 43142 07/03/24 10789 SJVC INT CODE COUNC 6020 5110 RECRUIT SVC-ADMIN 0.00 750.00 1001 43142 V 07/03/24 10789 SJVC INT CODE COUNC 6020 5110 RECRUIT SVC-ADMIN 0.00 -750.00 TOTAL CHECK 0.00 0.00
1001 43143 07/03/24 10288 SMART & FINAL 6700 5104 SUPPLIES-SN CTR 0.00 211.50 1001 43143 07/03/24 10288 SMART & FINAL 6700 5104 SUPPLIES-SN CTR 0.00 297.09 TOTAL CHECK 0.00 508.59
1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 100 2046 DENTAL BENEFIT JUN2 0.00 759.28 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6120 5084 DENTAL BENEFIT JUN2 0.00 998.61 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6700 5084 DENTAL BENEFIT JUN2 0.00 33.52 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6400 5084 DENTAL BENEFIT JUN2 0.00 40.22 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6150 5084 DENTAL BENEFIT JUN2 0.00 49.67 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6025 5084 DENTAL BENEFIT JUN2 0.00 64.28 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6030 5084 DENTAL BENEFIT JUN2 0.00 80.58 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6160 5084 DENTAL BENEFIT JUN2 0.00 124.09 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6020 5084 DENTAL BENEFIT JUN2 0.00 144.54 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6200 5084 DENTAL BENEFIT JUN2 0.00 241.39 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 6260 5084 DENTAL BENEFIT JUN2 0.00 345.86 TOTAL CHECK 0.00 2,882.04
1001 43145 07/03/24 14996 SUNRUN INSTALLATION 100 3103 BUILD PERMIT REFUND 0.00 325.00 1001 43146 07/03/24 14144 TREVINO, ANDREW 6400 5110 SOUND 4TH EVENT JUL 0.00 5,800.00 1001 43147 07/03/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 67.74 1001 43147 07/03/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 71.99 TOTAL CHECK 0.00 139.73
1001 43148 07/03/24 10725 VERIZON WIRELESS 6170 5160 CELL PHONES MAY-JUN 0.00 97.26 1001 43148 07/03/24 10725 VERIZON WIRELESS 6170 5160 CELL PHONE MAY-JUN2 0.00 445.74 TOTAL CHECK 0.00 543.00
1001 43149 07/03/24 11335 VISION SERVICE PLAN 6700 5084 VISION BENIFIT JUN2 0.00 9.85 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6400 5084 VISION BENIFIT JUN2 0.00 11.82 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6150 5084 VISION BENIFIT JUN2 0.00 13.78 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6025 5084 VISION BENIFIT JUN2 0.00 17.73 14 Section 7, Item A.
SUPERION PAGE NUMBER: 9
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6030 5084 VISION BENIFIT JUN2 0.00 22.83 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6160 5084 VISION BENIFIT JUN2 0.00 35.43 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6020 5084 VISION BENIFIT JUN2 0.00 41.34 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6200 5084 VISION BENIFIT JUN2 0.00 50.42 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6260 5084 VISION BENIFIT JUN2 0.00 121.28 1001 43149 07/03/24 11335 VISION SERVICE PLAN 100 2048 VISION BENIFIT JUN2 0.00 179.06 1001 43149 07/03/24 11335 VISION SERVICE PLAN 6120 5084 VISION BENIFIT JUN2 0.00 275.66 TOTAL CHECK 0.00 779.20
1001 43150 07/03/24 14830 WILLDAN GROUP INC 6160 5220 INSPECTIONS APR24 0.00 1,662.50 1001 43151 07/03/24 14290 XEROX FINANCIAL SER 6170 5180 LEASE MAY24 0.00 1,515.43 1001 43152 07/10/24 15057 A&C TIRE SERVICE 6120 5205 DISPOSAL CAMRY-PD 0.00 7.00 1001 43152 07/10/24 15057 A&C TIRE SERVICE 6120 5205 TAX CAMRY-PD 0.00 15.00 1001 43152 07/10/24 15057 A&C TIRE SERVICE 6120 5205 MOUNTBALANCE CAMRY- 0.00 50.00 1001 43152 07/10/24 15057 A&C TIRE SERVICE 6120 5205 NEW TIRES CAMRY-PD 0.00 168.00 TOTAL CHECK 0.00 240.00
1001 43153 07/10/24 14519 AMAZON CAPITAL SERV 6120 5100 SUPPLIES-PD 0.00 47.87 1001 43155 07/10/24 11792 CA BUILDING STANDAR 6160 5272 CA BSASRF APR-JUN24 0.00 346.50 1001 43156 07/10/24 10506 CALMAT CO DBA VULCA 6200 5195 ASPHALT REPAIR 0.00 676.31 1001 43158 07/10/24 12654 COMCAST 6400 5110 CABLE 6/25-7/24/24 0.00 680.52 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 CREDIT 0.00 -142.00 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 DAILY CITE PROCESSI 0.00 0.60 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 DAILY CITE PROCESSI 0.00 3.30 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 DAILY NOTICES 0.00 4.65 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 DELINQUENT COLLECTI 0.00 25.00 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 MONTHLY MINIMUM 0.00 166.45 1001 43160 07/10/24 14188 DATA TICKET 6120 5230 JOINT ACCT BANK SVC 0.00 150.00 TOTAL CHECK 0.00 208.00
1001 43161 07/10/24 10088 DEPARTMENT OF CONSE 6160 5220 CASEISMIC APR24-JUN 0.00 1,138.05 1001 43162 07/10/24 10084 DEPARTMENT OF JUSTI 6120 5182 BLOOD ALC ANALYSIS 0.00 175.00 1001 43163 07/10/24 12758 FAMILY HEALING CENT 6120 5220 PROF SVC JUL24-PD 0.00 500.00 1001 43164 07/10/24 14659 FIRE SAFETY SOLUTIO 6130 5220 INSP/PLAN MAY-JUL24 0.00 1,320.00 1001 43165 07/10/24 10114 FOWLER BUTANE SERVI 6200 5200 PROPANE-ST 0.00 24.70 1001 43166 07/10/24 10488 FOWLER UNIFIED SCHO 6120 5210 FUEL NOV23-PD 0.00 2,975.36 1001 43166 07/10/24 10488 FOWLER UNIFIED SCHO 6260 5210 FUEL JUN24-PARKS 0.00 559.52 1001 43166 07/10/24 10488 FOWLER UNIFIED SCHO 6200 5210 FUEL JUN24-ST 0.00 447.34 TOTAL CHECK 0.00 3,982.22
1001 43167 07/10/24 10122 FRESNO COUNTY FIRE 6120 5110 GRAPHICS RPR #40-PD 0.00 280.00 15 Section 7, Item A.
SUPERION PAGE NUMBER: 10
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43168 07/10/24 10124 FRESNO SHERIFF BUS 6120 5271 DISPATCH SVC JUL24- 0.00 10,087.90 1001 43168 07/10/24 10124 FRESNO SHERIFF BUS 6120 5182 PRISONER PROCJUN24- 0.00 113.44 1001 43168 07/10/24 10124 FRESNO SHERIFF BUS 6120 5182 PRISONER PROCJUN24- 0.00 1,545.62 TOTAL CHECK 0.00 11,746.96
1001 43169 07/10/24 10071 FRESNO COUNTY TREAS 6150 5220 24/25 ACTTC FEE 0.00 41.92 1001 43169 07/10/24 10071 FRESNO COUNTY TREAS 6150 5220 24/25 LAFCO 0.00 2,892.70 TOTAL CHECK 0.00 2,934.62
1001 43172 07/10/24 14749 HOFFMAN SECURITY 6170 5180 SECURITY SVC JUN24 0.00 97.00 1001 43172 07/10/24 14749 HOFFMAN SECURITY 6170 5160 SECURITY SVC JUN24 0.00 97.00 TOTAL CHECK 0.00 194.00
1001 43173 07/10/24 10189 LEAGUE OF CALIFORNI 6020 5110 RECRUIT SVC-ADMIN 0.00 750.00 1001 43174 07/10/24 15058 LITHIA AUTOMOTIVE G 6200 5720 DUMP TRUCK-PW 0.00 17,725.99 1001 43174 07/10/24 15058 LITHIA AUTOMOTIVE G 6260 5720 DUMP TRUCK-PW 0.00 17,725.99 TOTAL CHECK 0.00 35,451.98
1001 43175 07/10/24 10201 METRO UNIFORM & ACC 6025 5115 UNIFORM/GEAR BAKER- 0.00 1,112.80 1001 43176 07/10/24 10203 MID VALLEY PACKAGIN 6150 5121 SUPPLIES-PLN 0.00 51.49 1001 43176 07/10/24 10203 MID VALLEY PACKAGIN 6700 5121 SUPPLIES-SN CTR 0.00 51.49 1001 43176 07/10/24 10203 MID VALLEY PACKAGIN 6020 5121 SUPPLIES-ADMIN 0.00 308.97 TOTAL CHECK 0.00 411.95
1001 43177 07/10/24 10215 NELSON HARDWARE & G 6200 5195 SUPPLIES-ST 0.00 32.52 1001 43178 07/10/24 10885 NELSONS POWER CENTE 6260 5195 SUPPLIES-PARK 0.00 41.22 1001 43178 07/10/24 10885 NELSONS POWER CENTE 6260 5195 SUPPLIES-PARK 0.00 130.17 TOTAL CHECK 0.00 171.39
1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-0091 0.00 17.10 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 23-24 0.00 75.20 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 PLN GRANT ADM 0.00 85.40 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG/FB BP22-0108 0.00 119.70 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN TM 22-0047 0.00 136.80 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG SPR 23-34 0.00 514.78 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-0091 0.00 1,221.56 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 SAFE STREETS 0.00 1,283.40 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 24-01 0.00 1,294.80 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 23-40 0.00 1,504.58 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6170 5230 GIS SERVICE MAY24 0.00 2,536.20 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6160 5220 CODE ENF INSP 0.00 2,600.00 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6200 5510 ENCROASHMENT PERMIT 0.00 3,326.90 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG SPR 22-54 0.00 454.60 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN CUP 23-15 0.00 373.80 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG TR6405 0.00 343.20 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 24-11 0.00 233.50 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 24-06 0.00 178.50 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG TRACT 5952 0.00 171.00 16 Section 7, Item A.
SUPERION PAGE NUMBER: 11
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG TRACT 6274 0.00 171.00 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG LLA 23-29 0.00 170.35 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 22-08 PHX 0.00 165.00 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6200 5510 ON CALL ENG MAY24 0.00 15,424.67 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5220 ON CALL PLAN MAY24 0.00 36,419.60 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6150 5510 ENG ME II 0.00 4,654.88 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 6260 5710 DW HP IMPROVEMENT 0.00 5,786.90 TOTAL CHECK 0.00 79,263.42
1001 43182 07/10/24 13355 SITE ONE LANDSCAPE 6260 5195 SUPPLIES-PARKS 0.00 82.60 1001 43182 07/10/24 13355 SITE ONE LANDSCAPE 6260 5195 SUPPLIES-PARKS 0.00 537.39 TOTAL CHECK 0.00 619.99
1001 43183 07/10/24 14358 SPARKLETTS 6020 5121 WTR SVC JUL24-ADMIN 0.00 139.50 1001 43183 07/10/24 14358 SPARKLETTS 6120 5121 WTR SVC JUL24-PD 0.00 139.50 TOTAL CHECK 0.00 279.00
1001 43184 07/10/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 7.54 1001 43184 07/10/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 58.50 1001 43184 07/10/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 80.21 1001 43184 07/10/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 64.13 TOTAL CHECK 0.00 210.38
1001 43185 07/10/24 10725 VERIZON WIRELESS 6170 5160 CELL PHONE MAY-JUN2 0.00 176.05 1001 43186 07/10/24 14830 WILLDAN GROUP INC 6160 5220 INSPECTION MAY24 0.00 2,822.50 TOTAL CASH ACCOUNT 0.00 340,967.99
TOTAL FUND 0.00 340,967.99
17 Section 7, Item A.
SUPERION PAGE NUMBER: 12
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 201 - DISTRICT SALES TAX
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43073 06/19/24 12300 COOKS COMMUNICATION 2010 5715 SRO EQUIPMENT-PD 0.00 2,777.92 TOTAL CASH ACCOUNT 0.00 2,777.92
TOTAL FUND 0.00 2,777.92
18 Section 7, Item A.
SUPERION PAGE NUMBER: 13
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 212 - ARPA FUNDING
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43187 07/10/24 13655 PROVOST & PRITCHARD 2120 5710 WATER TOWER REHAB 0.00 145.00 1001 43188 07/10/24 14787 TOOLE DESIGN GROUP 2120 5710 VISUAL IDENTITY 0.00 4,965.00 TOTAL CASH ACCOUNT 0.00 5,110.00
TOTAL FUND 0.00 5,110.00
19 Section 7, Item A.
SUPERION PAGE NUMBER: 14
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 225 - LTF - ARTICLE 8
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43140 07/03/24 10237 P G & E - SACRAMENT 2250 5170 MANN&GLDST 6/24/24 0.00 15.77 1001 43157 07/10/24 14131 SWEEPING CORP OF AM 2250 5220 SWEEP WST MGMT-PW 0.00 850.00 1001 43157 07/10/24 14131 SWEEPING CORP OF AM 2250 5220 SWEEP JUN24-ST 0.00 3,500.00 TOTAL CHECK 0.00 4,350.00
1001 43179 07/10/24 10237 P G & E - SACRAMENT 2250 5170 700 MERCED #A 6/27/ 0.00 1,327.40 1001 43179 07/10/24 10237 P G & E - SACRAMENT 2250 5170 1100 N MANN 6/27/24 0.00 14.29 1001 43179 07/10/24 10237 P G & E - SACRAMENT 2250 5170 300 W MERCED 6/27/2 0.00 35.89 1001 43179 07/10/24 10237 P G & E - SACRAMENT 2250 5170 MERCED/8TH 6/27/24 0.00 70.79 1001 43179 07/10/24 10237 P G & E - SACRAMENT 2250 5170 GLDNST/MAN SIG6/27/ 0.00 124.49 1001 43179 07/10/24 10237 P G & E - SACRAMENT 2250 5220 ADAMS&GLDN ST 6/28/ 0.00 125.63 TOTAL CHECK 0.00 1,698.49
1001 43181 07/10/24 13655 PROVOST & PRITCHARD 2250 5710 4TH&5TH OVERLAY 0.00 1,210.60 TOTAL CASH ACCOUNT 0.00 7,274.86
TOTAL FUND 0.00 7,274.86
20 Section 7, Item A.
SUPERION PAGE NUMBER: 15
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 236 - ACTIVE TRNSPORT PLN (ATP)
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43074 06/19/24 12060 PETERS ENGINEERING 236 5710 GLDN STATE BIKE-PH1 0.00 1,910.20 1001 43074 06/19/24 12060 PETERS ENGINEERING 236 5710 GLDN STATE BIKE-PH2 0.00 1,928.25 TOTAL CHECK 0.00 3,838.45
TOTAL CASH ACCOUNT 0.00 3,838.45
TOTAL FUND 0.00 3,838.45
21 Section 7, Item A.
SUPERION PAGE NUMBER: 16
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 237 - SRFC TRNS BLCK GRNT-STBG
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43075 06/19/24 12060 PETERS ENGINEERING 2370 5510 MANN AVE. RECONS 0.00 36,582.78 TOTAL CASH ACCOUNT 0.00 36,582.78
TOTAL FUND 0.00 36,582.78
22 Section 7, Item A.
SUPERION PAGE NUMBER: 17
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 250 - CDBG
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 2500 5220 WATER SYSTEM OPS 0.00 580.00 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 2500 5220 WATER SYSTEMS OPS 0.00 406.00 TOTAL CASH ACCOUNT 0.00 986.00
TOTAL FUND 0.00 986.00
23 Section 7, Item A.
SUPERION PAGE NUMBER: 18
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 255 - STATE GRANT AB178
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43076 06/19/24 10283 SKF SANITATION DIST 255 5710 SEWER PLAN-PD/SN CT 0.00 66,137.04 1001 43076 V 06/19/24 10283 SKF SANITATION DIST 255 5710 SEWER PLAN-PD/SN CT 0.00 -66,137.04 TOTAL CHECK 0.00 0.00
1001 43109 06/26/24 13655 PROVOST & PRITCHARD 2550 5710 DEMO PLAN-PD/SN CTR 0.00 3,146.18 1001 43189 07/10/24 14634 DEWBERRY ARCHITECT 2550 5710 DESIGN-PD/SN CTR 0.00 41,730.00 1001 43190 07/10/24 13655 PROVOST & PRITCHARD 2550 5710 PD HQ DEMO 0.00 4,164.70 TOTAL CASH ACCOUNT 0.00 49,040.88
TOTAL FUND 0.00 49,040.88
24 Section 7, Item A.
SUPERION PAGE NUMBER: 19
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 256 - DWR STATE GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43097 06/26/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 GRANT 0.00 72.50 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 GRANT 0.00 10,276.50 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 GRANT PM 0.00 72.50 TOTAL CHECK 0.00 10,349.00
TOTAL CASH ACCOUNT 0.00 10,421.50
TOTAL FUND 0.00 10,421.50
25 Section 7, Item A.
SUPERION PAGE NUMBER: 20
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 258 - BIKE PED TRAILS SUST TRAN
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43191 07/10/24 14787 TOOLE DESIGN GROUP 258 5520 FOWLER BIKE/PED TRA 0.00 14,257.78 TOTAL CASH ACCOUNT 0.00 14,257.78
TOTAL FUND 0.00 14,257.78
26 Section 7, Item A.
SUPERION PAGE NUMBER: 21
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43043 06/19/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 18.51 1001 43043 06/19/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 53.40 1001 43043 06/19/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 70.82 TOTAL CHECK 0.00 142.73
1001 43046 06/19/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING-PW 0.00 91.00 1001 43051 06/19/24 15041 DANIELSEN, CHRIS 500 2050 UB REFUND 0.00 92.09 1001 43052 06/19/24 10488 FOWLER UNIFIED SCHO 5000 5210 DIESEL APR24-PARK 0.00 389.62 1001 43052 06/19/24 10488 FOWLER UNIFIED SCHO 5000 5210 FUEL APR24-WTR 0.00 1,020.50 TOTAL CHECK 0.00 1,410.12
1001 43054 06/19/24 15042 GRIJALVA, JOSEPHINE 500 2050 UB REFUND 0.00 100.00 1001 43060 06/19/24 15043 ORTIZ, JESSICA 500 2050 UB REFUND 0.00 74.00 1001 43061 06/19/24 10237 P G & E - SACRAMENT 5000 5170 325 S. 5TH 6/7/24 0.00 205.25 1001 43061 06/19/24 10237 P G & E - SACRAMENT 5000 5170 ADAMS/5TH 6/4/24 0.00 63.01 1001 43061 06/19/24 10237 P G & E - SACRAMENT 5000 5170 95 E ADAMS 6/4/24 0.00 1,656.56 1001 43061 06/19/24 10237 P G & E - SACRAMENT 5000 5170 SESWNW231521 6/4/24 0.00 8,032.85 1001 43061 06/19/24 10237 P G & E - SACRAMENT 5000 5170 TEMP/GOLDN 6/4/24 0.00 447.32 TOTAL CHECK 0.00 10,404.99
1001 43065 06/19/24 11880 RJ BERRY JR INC 5000 5210 FUEL TRACTOR-PW 0.00 1,200.00 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 58.49 1001 43071 06/19/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 81.05 TOTAL CHECK 0.00 139.54
1001 43072 06/19/24 15015 ZIM INDUSTRIES, INC 5000 5206 WELL #7 REPAIR 0.00 22,800.00 1001 43079 06/26/24 15045 ANA VASQUEZ 500 2050 UB REFUND 0.00 74.95 1001 43081 06/26/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 199.00 1001 43081 06/26/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 280.00 TOTAL CHECK 0.00 479.00
1001 43083 06/26/24 15049 ESMERALDA R CARRILL 500 2050 UB REFUND 0.00 100.88 1001 43086 06/26/24 14575 JPRC PLUMBING INC 5000 5202 STORM DRAINS-PW 0.00 2,340.00 1001 43087 06/26/24 15046 KANG, JASVIR SINGH 500 2050 UB REFUND 0.00 99.99 1001 43091 06/26/24 15044 MANN, PARSHAN S 500 2050 UB REFUND 0.00 98.24 1001 43099 06/26/24 15047 RAMOS, KARLA 500 2050 UB REFUND 0.00 124.24 1001 43100 06/26/24 15048 SINGH, SANDEEP 500 2050 UB REFUND 0.00 62.38 1001 43101 06/26/24 13355 SITE ONE LANDSCAPE 5000 5206 MAINTENANCE-WTR 0.00 250.00 27 Section 7, Item A.
SUPERION PAGE NUMBER: 22
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43104 06/26/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 58.49 1001 43108 06/26/24 15015 ZIM INDUSTRIES, INC 5000 5206 WELL #7 REPAIR 0.00 37,627.00 1001 43111 07/03/24 11689 A & C TIRE SERVICE 5000 5205 RPR WTR TRUCK-PW 0.00 20.00 1001 43124 07/03/24 14245 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-ST 0.00 12.97 1001 43125 07/03/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 21.63 1001 43125 07/03/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 31.37 TOTAL CHECK 0.00 53.00
1001 43128 07/03/24 10488 FOWLER UNIFIED SCHO 5000 5210 FUEL DEC23-PW 0.00 469.95 1001 43132 07/03/24 14238 INFOSEND, INC 5000 5621 MONTH MAINT MAY24 0.00 567.10 1001 43133 07/03/24 13496 KEENAN & ASSOCIATES 5000 5084 HEALTH BENEFITS JUN 0.00 5,183.52 1001 43134 07/03/24 14111 KIMBALL MIDWEST 5000 5195 SUPPLIES-WTR 0.00 274.36 1001 43137 07/03/24 15052 MODESTO, NICOLE 500 2050 UB REFUND 0.00 15.45 1001 43140 07/03/24 10237 P G & E - SACRAMENT 5000 5170 325 S. 5TH 6/25/24 0.00 1,405.70 1001 43140 07/03/24 10237 P G & E - SACRAMENT 5000 5170 679 KAND 6/21/24 0.00 75.21 1001 43140 07/03/24 10237 P G & E - SACRAMENT 5000 5170 LANDSCAPE 6/21/24 0.00 112.82 TOTAL CHECK 0.00 1,593.73
1001 43141 07/03/24 13655 PROVOST & PRITCHARD 5000 5220 2023 ARRERAGE GRANT 0.00 2,145.00 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 5000 5084 DENTAL BENEFIT JUN2 0.00 374.11 1001 43147 07/03/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 67.74 1001 43149 07/03/24 11335 VISION SERVICE PLAN 5000 5084 VISION BENIFIT JUN2 0.00 106.94 1001 43153 07/10/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLY-WTR 0.00 10.34 1001 43153 07/10/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLES-WTR 0.00 45.32 TOTAL CHECK 0.00 55.66
1001 43154 07/10/24 13635 BARNES WELDING SUPP 5000 5200 SUPPLIES-WTR 0.00 30.55 1001 43159 07/10/24 14429 CORE & MAIN 5000 5206 HYDRANT REPAIR 0.00 6,963.51 1001 43166 07/10/24 10488 FOWLER UNIFIED SCHO 5000 5210 FUEL JUN24-WTR 0.00 1,313.64 1001 43170 07/10/24 13970 GEMINI GROUP, LLC 5000 5220 CCR RPT PRDCTN 5/15 0.00 2,993.00 1001 43171 07/10/24 15056 GROW, MADISON 500 2050 UB REFUND 0.00 73.65 1001 43174 07/10/24 15058 LITHIA AUTOMOTIVE G 5000 5720 DUMP TRUCK-PW 0.00 17,725.98 1001 43179 07/10/24 10237 P G & E - SACRAMENT 5000 5170 325 S. 5TH 6/27/24 0.00 1,094.01 28 Section 7, Item A.
SUPERION PAGE NUMBER: 23
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43179 07/10/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 7 6/28/24 0.00 21,008.41 1001 43179 07/10/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 8 6/28/24 0.00 6,726.06 TOTAL CHECK 0.00 28,828.48
1001 43184 07/10/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 58.49 TOTAL CASH ACCOUNT 0.00 146,696.47
TOTAL FUND 0.00 146,696.47
29 Section 7, Item A.
SUPERION PAGE NUMBER: 24
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 503 - TCP FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43110 06/26/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 PM 0.00 468.00 1001 43110 06/26/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 APR24 0.00 6,473.80 TOTAL CHECK 0.00 6,941.80
1001 43192 07/10/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 PM 0.00 72.50 1001 43192 07/10/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 MAY24 0.00 2,288.40 TOTAL CHECK 0.00 2,360.90
TOTAL CASH ACCOUNT 0.00 9,302.70
TOTAL FUND 0.00 9,302.70
30 Section 7, Item A.
SUPERION PAGE NUMBER: 25
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 740 - AB1600-TRF MTGTN & IMPACT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43181 07/10/24 13655 PROVOST & PRITCHARD 7400 5510 ENG SOUTH AVE PED 0.00 711.28 TOTAL CASH ACCOUNT 0.00 711.28
TOTAL FUND 0.00 711.28
31 Section 7, Item A.
SUPERION PAGE NUMBER: 26
DATE: 07/11/2024 CITY OF FOWLER ACCTPA21
TIME: 19:39:46 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43040' and '43192' ACCOUNTING PERIOD: 1/25
FUND - 850 - SUCCESSOR AGENCY
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43144 07/03/24 13647 SUN LIFE FINANCIAL 8500 5084 DENTAL BENEFIT JUN2 0.00 6.66 1001 43149 07/03/24 11335 VISION SERVICE PLAN 8500 5084 VISION BENIFIT JUN2 0.00 1.76 TOTAL CASH ACCOUNT 0.00 8.42
TOTAL FUND 0.00 8.42
TOTAL REPORT 0.00 627,977.03
32 Section 7, Item A.
CITY COUNCIL SPECIAL MEETING
THURSDAY, JUNE 13, 2024 at 5:30 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625
MINUTES
1. MEETING CALLED TO ORDER
Mayor Pro-Tem Mejia called special meeting to order at 5:30 p.m.
2. ROLL CALL
PRESENT
Juan Mejia
Amarjeet Gill
Leonard Hammer
ABSENT
Daniel Parra (Joined via teleconference during Closed Session at 5:33 p.m.) Karnig Kazarian (Joined via teleconference during Closed Session at 5:33 p.m.) City Staff Present: Assistant City Manager Gaffery, Deputy City Attorney Garza, and City Clerk Vasquez.
3. CLOSED SESSION
Government Code Section 54957
Public Employee Appointment/Employment
Title: City Manager
Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated negotiator: Regina Garza, Deputy City Attorney Unrepresented employee: City Manager
The special meeting went into closed session at 5:31 p.m.
Mayor Parra left the special meeting at 6:25 p.m.
Councilmember Kazarian left the special meeting at 6:30 p.m.
4. RECONVENE INTO OPEN SESSION AND REPORT ACTION
The meeting was reconvened into open session at 6:34 p.m.
There was no reportable action on either item.
33 Section 7, Item B.
5. ADJOURN
Having no further business the special meeting adjourned at 6:35 p.m. 34 Section 7, Item B.
CITY COUNCIL MEETING
TUESDAY, JUNE 18, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625
MINUTES
1. MEETING CALLED TO ORDER
Mayor Pro-Tem Mejia called meeting to order at 6:01 p.m.
2. ROLL CALL
PRESENT
Daniel Parra (via teleconference)
Juan Mejia
Amarjeet Gill
Leonard Hammer
Karnig Kazarian
City Staff Present: City Manager Tucker, City Attorney Cross, Assistant City Manager Gaffery, City Planner Allinder, Fresno County Fire Protection District Battalion Chief Dominguez, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, Public Works Director Rocha, and City Clerk Vasquez.
3. APPROVAL OF AGENDA
Item 7, Closed Session, was removed from the agenda.
Motion made by Parra, Seconded by Kazarian.
Voting Yea: Mejia, Gill, Hammer
6. CEREMONIAL PRESENTATIONS
6A. Police Commendations for Sergeant Fong Yang, Officer Carlos Macias, Officer Matthew Salas, and Fresno County Sheriff Deputy Joseph Nichols
9. PUBLIC COMMENT
One member of the public spoke.
10. CONSENT CALENDAR
Motion made by Kazarian, Seconded by Gill.
Voting Yea: Parra, Mejia, Hammer
35 Section 7, Item C.
11. CONTESTED CONSENT CALENDAR
No items were pulled from the consent calendar.
12. GENERAL ADMINISTRATION
City Attorney
12A. APPROVE an Interim City Manager Employment Agreement and APPOINT Thomas W. Gaffery IV as Interim City Manager effective July 9, 2024.
Motion made by Hammer, Seconded by Gill.
Voting Yea: Parra, Mejia, Kazarian
City Manager
12B. PROVIDE STAFF DIRECTION on the visual identity project.
Council provided staff direction to have Toole Design Group move forward with developing brand guidelines and to test the new color scheme on the website and other collateral as the next steps of the Visual Identity Project.
One member of the public spoke.
Planning
12C. Public Hearing to Consider the Proposed Citywide Zoning Code Update:
CONSIDER Introduction of Ordinance No. 2024-03 – An Ordinance finding that the proposed Citywide Zoning Code Update is exempt from further environmental review pursuant to CEQA Guidelines section 15183 and adopting the Citywide Zoning Code Update replacing the City’s current Zoning Ordinance.
Motion made by Kazarian, Seconded by Gill.
Voting Yea: Parra, Mejia, Hammer
Public Works
12D. WORKSHOP on water operations and water quality
12E. Actions pertaining to Landscape and Storm Drainage Facilities Maintenance District No. 1 Annual Assessments.
APPROVE Resolution No. 2731, a resolution approving the City Engineer’s Report for landscaping and storm drainage facilities maintenance district no. 1 for fiscal year 2024-2025.
APPROVE Resolution No 2732 a resolution of the City’s intention to levy and collect the annual assessment of the Landscape and Storm Drainage Facilities Maintenance District No. 1, for fiscal year 2024-2025, and to set a public hearing for July 16, 2024. 36 Section 7, Item C.
Motion made by Parra, Seconded by Kazarian.
Voting Yea: Mejia, Gill, Hammer
Mayor Parra left the meeting at 7:38 p.m.
12F. Actions pertaining to the Section 130 Caltrans Railway-Highway Crossing Program funded Manning Railroad Crossing Improvements:
i. ACKNOWLEDGE the $950,000 contract for Preliminary Engineering previously executed by the prior City Administration.
ii. APPROVE Contract Amendment No. 1 to extend the contract expiration to June 30, 2027, and to increase the Preliminary Engineering contract amount by $300,000 to a new total of $1,250,000.
iii. AUTHORIZE the City Manager to execute the agreement amendment.
Motion made by Hammer, Seconded by Gill.
Voting Yea: Mejia, Kazarian
One member of the public spoke.
13. STAFF COMMUNICATIONS
Updates were provided by City Manager Tucker, Assistant City Manager Gaffery, Finance Director Moreno, and City Clerk Vasquez.
14. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Councilmember Hammer.
15. CLOSED SESSION
Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated representative: City Manager
Unrepresented employees: Assistant City Manager, Finance Director, Public Works Director, City Clerk
The meeting went into closed session at 7:49 p.m.
16. RECONVENE INTO OPEN SESSION AND REPORT ACTION
The meeting reconvened into open session at 8:41 p.m.
No reportable action was taken on the item.
17. ADJOURN
Having no further business, the meeting adjourned at 8:41 p.m. 37 Section 7, Item C.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Human Resources Officer SUBJECT: APPROVE Resolution No. 2733 approving the updated Employee Benefits Handbook.
EXECUTIVE SUMMARY
This action adopts a new Employee Benefits Handbook, replacing the prior policies which were adopted through Resolution No. 2720
BACKGROUND
The City Council approved the City’s Employee Benefits Handbook on June 4, 2024. Revisions to the updated Employee Benefits Handbook include addition of the following: a maximum vacation accumulation provision for employees with over 10 years of service and unused administrative leave pay out upon separation from City service for eligible employees. This will enhance employee retention and the City’s competitiveness in the local labor market. There was also a correction of a typographical error.
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 administrative leave pay out will reduce the City’s long-term liability. This action is not associated with the procurement process.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2733
- Employee Benefits Handbook
38 Section 7, Item D.
RESOLUTION NO. 2733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING UPDATED EMPLOYEE BENEFITS HANDBOOK
WHEREAS, the City Council, on June 4, 2024, by approval of Resolution No. 2720, approved the City of Fowler Employee Benefits Handbook which provides certain benefits and conditions of employment for City employees; and
WHEREAS, the City Council desires to make changes to the benefits and conditions of employment and there is a need to update the Employee Benefits Handbook as proposed in the Employee Benefits Handbook attached to this Resolution; and
WHEREAS, all employees have been notified of the proposed changes to the benefits and conditions set forth in updated Employee Benefits Handbook attached to this Resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City of Fowler Employee Benefits Handbook, attached hereto as Exhibit A, is hereby approved and incorporated herein as part of this Resolution and shall supersede the prior Employee Benefits Handbook approved with Resolution No. 2720 and be effective beginning on August 1, 2024.
PASSED, APPROVED AND ADOPTED on July 16, 2024, at a regular meeting of the City Council of the City of Fowler by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
39 Section 7, Item D.
CITY OF FOWLER
EMPLOYEE BENEFITS HANDBOOK
40 Section 7, Item D.
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 41 Section 7, Item D.
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. 42 Section 7, Item D.
(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. 43 Section 7, Item D.
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.
44 Section 7, Item D.
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.
45 Section 7, Item D.
(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. 46 Section 7, Item D.
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.
47 Section 7, Item D.
SECTION 5. MILITARY LEAVE.
Military Leave for City employees shall be granted in accordance with State and Federal law. 48 Section 7, Item D.
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.
49 Section 7, Item D.
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. 50 Section 7, Item D.
(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. 51 Section 7, Item D.
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. 52 Section 7, Item D.
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 3 years 6.67 hours per month
II Over 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.
(1) Employees with less than 10 years of service. The maximum hours of vacation leave an employee with less than 10 years of service 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.
(2) Employees with over 10 years of service. The maximum hours of vacation leave an employee with over 10 years of service may accumulate or accrue at any one time is 420 hours. No additional vacation leave shall accrue beyond 420 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. 53 Section 7, Item D.
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. 54 Section 7, Item D.
(b) Holiday Schedule. Each year, the Personnel Officer shall create a Holiday Schedule for the purpose of addressing holidays falling on weekends. (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.
55 Section 7, Item D.
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. 56 Section 7, Item D.
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 is an annual benefit and the annual hours shall be granted as a lump sum on July 1. Unless otherwise approved by City Council Resolution or contained in an employment agreement approved by City Council, Administrative leave may only be used, cashed out in accordance with Section 20 herein, or paid upon separation in accordance with subsection (c)(4) below, and any hours not used or paid out as authorized are voluntarily forfeited at the end of the last business day of the fiscal year. Administrative Leave may not be carried over from one fiscal year to the next and Aat no point in time shall may the Administrative Leave balance exceed those the annual hours granted as set forth in subsection (b) above, by this Resolution, unless otherwise approved by City Council Resolution or Contract contained in an employment agreement approved by City Council.
(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 Upon Separation. Administrative Leave is not eligible for any “buyback” provisions and Any unused Administrative Leave shall not be paid as a lump sum upon separation from City service.
(5) Usage. Employees may request use of Administrative Leave consistent with Section 9 of this Resolution.
57 Section 7, Item D.
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.
(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. (4) 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 58 Section 7, Item D.
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.
59 Section 7, Item D.
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”). 60 Section 7, Item D.
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.
61 Section 7, Item D.
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.
62 Section 7, Item D.
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. 63 Section 7, Item D.
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.
64 Section 7, Item D.
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. 65 Section 7, Item D.
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 or Administrative Leave. 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.
66 Section 7, Item D.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: MARGARITA MORENO, Finance Director
SUBJECT: APPROVE Resolution No. 2735 Concerning Certifications and Claims for Collection of Measure “C” Funds for Fiscal Year 2024-2025 and Authorize the Finance Director to Sign the Local Transportation Pass Through Revenue Certifications and Claim Forms.
EXECUTIVE SUMMARY
This action allows the City to collect its share of Measure “C” funds for fiscal year 2024-2025 for street maintenance, ADA compliance, and other authorized uses.
BACKGROUND
On June 12, 2024, the FCTA Board adopted their Board Resolution No. 2024-01 (Resolution attached) for Measure C Extension Local Transportation Purposes Pass-Through Projects and Program Funds apportionment for fiscal year 2024-2025. The following is the Local Transportation Program Pass-Through and Subprograms of which the City of Fowler will receive Measure C funding:
0.93% of $16,792,597 for Street Maintenance Category sub program; City’s share is $156,431;
0.93% of $587,741 for ADA Compliance Category sub program; City’s share is $5,475; 1.09% of $16,778,495 for Flexible Funding Category sub program; City’s share is $182,829.
Each subprogram has various requirements and exemptions for spending the funds as outlined in the Measure C Extension 2007 Local Agency Handbook. These are the estimated apportionments scheduled for FY 2024-2025 for the City of Fowler Measure C Extension Program.
To receive these funds monthly, the City must file a separate 2024-2025 Certification and Claim form for each sub program (forms attached) along with a City Council Resolution which is to be submitted to the Fresno County Transportation Authority by August 30, 2024. Once these documents have been accepted, each agency will receive a separate check for each sub program. Measure “C” funds will be distributed on a proportional basis as funds are received. 67 Section 7, Item E.
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 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.
Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.
Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.
Goal MOB-4
The circulation system is adequately maintained.
Policy MOB-25
Coordinate local transportation planning with the Fresno Council of Governments (COG) Regional Transportation Plan (RTP), Fresno County Rural Transit Agency (FCRTA), and other agencies on relevant transportation plans to ensure eligibility for state and federal funding.
Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.
FISCAL IMPACT AND PROCUREMENT PROCESS
The 2024-2025 Measure C funding will augment other local transportation fund sources to carry out street maintenance programs and other public transportation improvements during the fiscal year. There is no procurement associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2735
- FCTA Board Resolution No. 2024-01 & Certification and Claim Forms 68 Section 7, Item E.
RESOLUTION NO. 2735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
CONCERNING LOCAL TRANSPORTATION PURPOSE FUNDS EXTENSION (MEASURE “C” EXTENSION)
WHEREAS, the City of Fowler is an eligible claimant of funds for Measure C Extension Local Transportation Pass-Through Projects and Program Funds pursuant to California Public Utilities Code Section 142257; and
WHEREAS, the Fresno County Transportation Authority has adopted a Resolution of Apportionment for FY 2024-2025, Measure C Extension Local Transportation Pass-Through Projects and Program Funds setting the City of Fowler’s percentages at the following:
0.93% of $16,792,597 (or $156,431) for the Local Transportation Program, Local Allocation – Street Maintenance Category sub program;
0.93% of $587,741 (or $5,475) for the Local Transportation Program, Local Allocation – ADA Compliance Category sub program;
1.09% of $16,778,495 (or $182,829) for the Local Transportation Program, Local Allocation – Flexible Funding Category sub program;
which shall be the proportionate share of Measure C Extension Local Transportation Pass-Through Projects and Program Funds to the City shall be entitled within the fiscal year; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1) The City of Fowler hereby submits its Local Transportation Purposes Certification and Claims for Fiscal Year 2024-2025 Measure C Extension Local Transportation PassThrough Projects and Program Funds; 2) The City of Fowler hereby requests the release of funds to the City on a monthly payment basis consistent with the adopted percentages listed above, based on actual receipts;
3) The City Council of the City of Fowler further certifies:
a) That Local Transportation Purpose Funds will not be used to substitute for property tax funds which the City of Fowler had previously used for local transportation purposes; and
b) That the City of Fowler has and will segregate property tax revenues used to support local transportation purposes so that verification of non-substitution can be proved through audit and:
c) That the City of Fowler shall separately account for Local Transportation Purposes Funds received, pursuant to Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time. 69 Section 7, Item E.
4) The City of Fowler understands that should a financial or compliance audit reveal that the City of Fowler violated any of the requirements set forth in paragraph 3 (a) (b) or ( c ), that the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures. 5) The City of Fowler will submit completed Local Transportation Pass Through Revenues Reporting Requirements for prior year expenditures before November 15.
PASSED, APPROVED AND ADOPTED this 16th day of July 2024, at a regular meeting of the Fowler City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
70 Section 7, Item E.
71 Section 7, Item E.
72 Section 7, Item E.
73 Section 7, Item E.
74 Section 7, Item E.
75 Section 7, Item E.
76 Section 7, Item E.
Measure C Extension Strategic Implementation Plan - Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO: Fresno County Transportation Authority
FROM: City of Fowler Local Agency Name
Address:128 S. Fifth Street, Fowler, CA 93625 Contact: Wilma Tucker, City Manager Telephone: (559) 834-3113 FAX: (559) 834-0185 Email Address: [email protected]
1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
Infill
Administrative/Planning Program
Fresno COG
2. The City of Fowler ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting .93 % of $587,741 (or $5,475) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.
_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:
Title:
Date:
77 Section 7, Item E.
Measure C Extension Strategic Implementation Plan - Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO: Fresno County Transportation Authority
FROM: City of Fowler Local Agency Name
Address:128 S. Fifth Street, Fowler, CA 93625 Contact: Wilma Tucker, City Manager Telephone: (559) 834-3113 FAX: (559) 834-0185 Email Address: [email protected]
1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
Infill
Administrative/Planning Program
Fresno COG
2. The City of Fowler ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 0.93% of $16,792,597(or $156,431) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.
_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:
Title:
Date:
78 Section 7, Item E.
Measure C Extension Strategic Implementation Plan – Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO: Fresno County Transportation Authority
FROM: City of Fowler Local Agency Name
Address:128 S. Fifth Street, Fowler, CA 93625 Contact: Wilma Tucker, City Manager Telephone: (559) 834-3113 FAX: (559) 834-0185 Email Address: [email protected]
1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
Infill
Administrative/Planning Program
Fresno COG
2. The City of Fowler ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 1.09% of $16,778,495 (or $182,829) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.
_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:
Title:
Date:
79 Section 7, Item E.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: MARGARITA MORENO, Finance Director
SUBJECT: RECEIVE AND FILE the City of Fowler Cash and Investment Report for the Fourth Quarter ending June 30, 2024
EXECUTIVE SUMMARY
The City earned $250,178 in interest income in the fourth quarter of Fiscal Year 2023-24.
BACKGROUND
The Cash and Investment Report provides a detailed financial summary of cash and investments for the City of Fowler. The City’s cash balances are invested in United Security Bank, the Local Area Investment Fund (LAIF), the California Asset Management Program (CAMP) Joint Powers Authority Pool, and the California Cooperative Liquid Assets Securities System (California CLASS).
To ensure proper internal controls, a dual approval procedure is required for any withdrawals by City Staff from all of the above entities.
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
Interest income on City investments supports the implementation of the entire General Plan including its goals, policies, and action items.
FISCAL IMPACT AND PROCUREMENT PROCESS
Interest earned are allocated on a monthly basis
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Cash & Investment Report
80 Section 7, Item F.
81 Section 7, Item F.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: THOMAS W. GAFFERY IV, Interim City Manager
SUBJECT: APPROVE a Property Tax Allocation Agreement with the Fresno County Fire Protection District
EXECUTIVE SUMMARY
This Property Tax Allocation Agreement (“Transition Agreement”) with the Fresno County Fire Protection District (FCFPD) defines the process for transitional allocation of property taxes when properties are de-annexed from FCFPD and annexed into the City of Fowler. The term of this agreement shall be August 1, 2024 through July 31, 2034.
BACKGROUND
The City entered into a ten-year Annexation and Auto Aid Agreement with FCFPD on April 1, 2014. FCFPD’s primary source of funding comes from general purpose ad valorum property tax revenue from all real property within its territory (property taxes). This Transition Agreement addresses the impact of the resulting loss of property tax revenue on FCFPD and partially mitigates impacts upon the FCFPC from annexations and detachments. Fresno County Local Agency Formation Commission (“LAFCo”) policy requires the City and FCFPD to reach an agreement governing the transition of Fire Protection Services.
As FCFPD is also currently the City’s fire protection service provider pursuant to a separate agreement, the Transition Agreement also defines the process for handling of annexations while FCFPD provides fire protection services, since the fees paid by the City to FCFPD under the separate fire protection services agreement are based on assessed property values. This ensures the City does not pay twice for affected annexed areas during the term of the separate agreement for fire protection services.
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. 82 Section 7, Item G.
GENERAL PLAN CONSISTENCY
Goal LU-1
Growth occurs logically and efficiently.
FISCAL IMPACT AND PROCUREMENT PROCESS
There is no immediate cost with executing this Agreement. Should an annexation into the City occur, any transition costs triggered by this Agreement would be supported by additional City property tax revenue from the annexation of the property into the City. There is no procurement associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Agreement
83 Section 7, Item G.
PROPERTY TAX ALLOCATION
AGREEMENT BETWEEN
THE CITY OF FOWLER
AND
THE FRESNO COUNTY FIRE PROTECTION DISTRICT
This Property Tax Allocation Agreement (“Agreement”) is entered into and effective August 1, 2024 (“Effective Date”), between the City of Fowler, a California general law city and municipal corporation (“City”) and the Fresno County Fire Protection District (“District”), a local fire protection district organized and existing as a California Special District under provisions of the Fire Protection District Law of 1987 (Health & Safety Code Section 13800 et seq.,) with respect to the following Recitals, which are incorporated as a substantive part of this Agreement.
RECITALS
WHEREAS, the District is the primary provider of fire suppression, prevention, rescue, emergency medical services and hazardous material emergency response and other services relating to the protection of lives and property (“Fire Protection Services”) within its territorial limits, which includes areas near the incorporated centers of the County of Fresno (“County”), including the City. Current District boundaries are reflected in Exhibit 1, attached and incorporated by this reference.
The District also provides Fire Protection Services to certain incorporated cities and substantial portions of unincorporated areas within the County; and WHEREAS, the City is responsible for providing Fire Protection Services within its corporate limits and currently fulfills that responsibility by contracting with District to provide Fire Protection Services for City within its corporate limits; and WHEREAS, the District's primary source of funding comes from general purpose ad valorum property tax revenue from all real property within its territory (property taxes). The revenue within involved tax rate areas is based on the combined “parent zone” and applicable “service zone" tax rates to the taxable value of the real property within such territory; and
WHEREAS, from time to time in connection with proposed property development, territory within the District is annexed into the City and detached from the District. To address the impact of the resulting loss of property tax revenue on District facilities, equipment and personnel and partially mitigate impacts upon the District from annexations and detachments, Fresno County Local Agency Formation Commission (“LAFCo”) policy requires the City and District to reach an agreement governing the transition of Fire Protection Services: and WHEREAS, for the past 30 years District and the incorporated cities in the County have operated under transition agreements, the most recent covering the last 84 Section 7, Item G.
ten (10) years (the “2014 Service Agreement For Annexations and Automatic Aid Agreement”), under which the City agreed to pay District a yearly sum of money upon annexation and detachment of property reflecting a percentage of Property Taxes the District would have received had the property not been annexed for a period of 10 years; and
WHEREAS, the District and City desire to enter into a new agreement under substantially the same terms, removing obsolete language, and providing for a new 10 year term with an option for the parties to extend the term for an additional 10 years; and
WHEREAS, the intent of this Agreement is to apply to all unincorporated areas that are within the jurisdictional boundaries of the District which may be subject to annexation to the City.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Effect of Recitals. The foregoing Recitals are incorporated in and are a part of this Agreement.
2. Allocation and Payment of Property Taxes.
a. Upon the effective date of annexations/reorganizations of property (“Affected Territory”) into the City and detachment of the Affected Territory from the District, the real property tax previously imposed on the Affected Territory, and collected and allocated by Fresno County for the benefit of the District (“Base Year Allocation” or “BYA”) shall continue to be collected by the County from the City's portion of real property taxes, but paid to the City and the City shall allocate and pay the BYA for the Affected Territory to the District for a period of 10 years from the effective date of the specific reorganization. The BYA shall include any increase up to two percent (2%) per annum imposed by the County in accordance with the constitutional rate. Other than a potential up to 2% annual increase in the BYA, the District will not be eligible to receive any increase in the BYA.
For the purposes of this Agreement, the effective date of reorganizations and the date to be used for when the tax reallocation to District commences, shall be the date upon which the annexation of property is recorded with the County Recorder and California State Board of Equalization consistent with applicable law.
Exhibit 2, attached and incorporated by this reference, sets forth the example of the calculation.
District shall be responsible for creating the tax allocation rate schedule and providing City the ability for review and agreement prior to District invoicing the 85 Section 7, Item G.
City for the BYA.
b. The District shall notice and invoice the City to pay the applicable BYA to the District in July of each year. Such notice shall include the applicable tax allocation rate schedule showing the BYA due the District. City shall send the applicable payment to District within thirty (30) days after the City’s receipt of the District’s notice, invoice and tax allocation rate schedule. In the event the City does not pay to the District the applicable BYA due the District within said thirty (30) day period, the amount due the District shall be assessed interest at the legal rate commencing on the thirty first (31) day after the City’s receipt of the District’s notice and tax allocation rate schedule. The City’s failure to make the allocated monetary payment amount due the District within the time period set forth in this subparagraph 2b. shall be considered a material breach of this Agreement. c. The City and District agree that if it is estimated the annual allocation of BYA over the 10-year allocation period, which includes the 2% annual constitutional rate increase, is less than $10,000. City will pay the entire 10-year allocation in one (1) lump sum at the time the first annual allocation payment is due.
3. Fire Protection Services Agreement Credit. For the purpose of this Agreement, the District will not notice and invoice the City to pay the applicable BYA to the District as long as the City continues to maintain an Agreement with the District to provide Fire Protection Services. If there is no Agreement between the City and the District to provide Fire Protection Services, the District will notice and invoice the City to pay the applicable BYA to the District for annexations that have not been fully paid for by the City based on the BYA calculations in Section 2 above. During the 10-year allocation period, BYA credit will be provided to the City by the District for each year the City contracts with the District for Fire Protection Services. The purpose of this section is to prevent the City from paying the District twice for affected annexed areas (Affected Territory) during the term of this Agreement for Fire Protection Services with the District.
4. Term. The term of this Agreement shall be August 1, 2024 through July 31, 2034, and it shall replace in all respects the 2014 Service Agreement for Annexations and Automatic Aid Agreement between the parties, except that obligations which by the terms expressed herein are intended to continue beyond the term of this Agreement shall continue until satisfied. This Agreement may also be extended by an additional period of 10 years from the expiration date with the written agreement of both District and City.
5. Affect of Annexations. Upon annexation of affected properties to City, those properties shall detach from the District, and all Property Taxes shall be allocated consistent with Section 2 of this Agreement and applicable existing laws, rules, policies and procedures established in the County, subject to any applicable agreement between City and the County.
86 Section 7, Item G.
6. LAFCo Compliance. District and City agree that this Agreement is intended to satisfy the intent and purpose of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
7. Non-Opposition to Annexations. District represents and agrees that during the term of this Agreement, it will not oppose annexations to the City. This District agreement does not extend to modifications to the City Sphere of Influence or required Municipal Service Reviews adopted by the Fresno County LAFCo.
8. Accounting. District and City agree that their designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. District and City agree to maintain such records for a possible audit for a minimum of four (4) years from the recording date of an annexation to the City and to allow access to such records for an audit during normal business hours.
9. Termination.
a. Termination Upon Expiration. This Agreement shall terminate upon expiration of its Term, if not extended by written agreement signed by both parties. b. Termination Due to Invalidity. Should any material portion of this Agreement be declared invalid or inoperative by a court of competent jurisdiction, this entire Agreement as well as any ancillary documents entered into by the parties in order to fulfill the intent of this Agreement shall immediately be of no force and effect and this Agreement shall terminate in its entirety.
c. Termination Due to Material Breach: Right to Cure. This Agreement may be terminated by either party for a material breach and a failure to cure that breach within thirty (30) days after receipt of a notice to cure. d. Termination Due to Change in Law. It is mutually understood and agreed that this Agreement shall terminate immediately and shall be of no further force and effect should substantial substantive changes occur in such statutory scheme or successor statutory schemes (whether by legislative or judicial action) which negate or frustrate the fundamental reasons or tenets of this Agreement, such termination to be in the entirety. Any party contending this section applies shall give written notice of termination pursuant to this section, which notice shall include an explanation of the reason(s) for such termination.
10. Renewal of Agreement. Within 60 days after the date of commencement of the ninth year of this Agreement, the District and the City agree to meet and negotiate in good faith, in an attempt to agree upon the terms and conditions of an extension of this Agreement consistent with applicable law at the time.
11. Remedies for Breach of Agreement. In addition to termination of this Agreement for a material breach, the parties may exercise any other remedy available to them at 87 Section 7, Item G.
law or in equity, including specific performance, injunctive relief, and writ of mandate.
12. Dispute Resolution. If any dispute arises regarding the interpretation or application of this Agreement or any determination or calculation thereunder, the parties agree upon the request of either of them to meet and attempt to resolve the same amicably for a period not to exceed thirty (30) days.
If the dispute is not otherwise resolved, and absent the need for emergency relief or to meet a statute of limitations, the parties agree to enter into mediation before initiating litigation. The parties shall mutually agree upon a mediator and each party shall pay one half (1/2) the cost of the mediator and bear their own costs (including attorney’s fees) for the mediation. The mediation shall be completed within sixty (60) days of notice of the intent to undergo mediation. If the mediation is not completed within sixty (60) days of notice, a party may initiate litigation. The parties shall act in good faith and with due diligence to timely complete the mediation.
If litigation is commenced before mediation due to one of the reasons mentioned above, the parties agree to immediately commence and complete mediation within sixty (60) days of the commencement of litigation as evidenced by the filing in court and service on the non-filing party of a formal complaint, petition, or similar document.
13. Modification. This Agreement may be modified or amended only by a writing duly authorized and executed by the City and District.
14. Enforcement. The City and District each acknowledge that this Agreement cannot bind or limit themselves or each other or their future governing bodies in the exercise of their discretionary legislative power. However, each binds itself that it will insofar as is legally possible, fully carry out the intent and purposes hereof, if necessary, by administrative and ministerial action independent of that legislation power and that this Agreement may be enforced by injunction or mandate or other writ to the full extent allowed by law.
15. Integration. With respect to the subject matter hereof, this Agreement is intended to be an integrated agreement and supersedes any and all previous negotiations proposals, commitments, writings and understandings of any nature whatsoever between the City and the District as to the subject matter of this Agreement.
16. Notice. All notices, requests, determinations or other correspondence required or allowed by law or this Agreement to be provided by the parties shall be in writing and shall be deemed given and received when delivered to the recipient by first-class mail (or an equal or better form of delivery) at the following addresses:
CITY
City Manager
City of Fowler
88 Section 7, Item G.
128 S. 5th Street
Fowler, California 93625
DISTRICT
Fire Chief
Fresno County Fire Protection District
210 South Academy Avenue
Sanger, California 93657
By giving notice, either party may change its address for these purposes.
17. Third Parties. This Agreement shall not be construed as or deemed an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause of action whatsoever.
18. Subsequent District Agreements. District agrees that if, during the term of this Agreement, District negotiates a property tax allocation involving an annexation to the municipality and a detachment from the District with any other municipality which contains more favorable terms than this Agreement, District shall notify City within thirty (30) days of such agreement and offer those same terms to City. More favorable terms, means, but is not necessarily limited to, another municipality allocating to District a lower percentage of taxes than City allocates District under Section 2 of this Agreement.
19. Attorney’s Fees and Costs. In any action to enforce the provisions of this Agreement or for breach of the Agreement, the prevailing party shall recover from the other party, in addition to any damages, injunctive or other relief, all costs (whether or not allowable as “cost” items by law) reasonably incurred at, before and after trial or on appeal, including without limitation attorneys' and witness (expert and otherwise) fees, deposition costs, copying charges and other expenses.
20. Approval. The parties represent that this Agreement was approved by their respective governing boards at a properly noticed meeting.
21. Choice of Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue for actions and proceedings between the parties related to this Agreement shall be in the Eastern District of California for any federal action and, unless otherwise agreed by the parties, in Fresno County Superior Court for state actions.
22. Agreement Mutually Drafted. Each party has participated jointly in the drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties, and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. If an ambiguity or question of intent or interpretation arises, then this Agreement will accordingly be construed as drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any Party to this Agreement by virtue 89 Section 7, Item G.
of the authorship of any of the provisions of this Agreement. The captions, headings and table of contents contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
23. Notification to County Auditor-Controller/Treasurer/Tax-Collector. Immediately after the Effective Date of this Agreement, City and District shall furnish a fully executed copy of this Agreement to the Fresno County Auditor-Controller/Treasurer Tax-Collector (“County Auditor') at the address listed below. Any Agreement amendment, upon it becoming effective, shall also be furnished to the County Auditor by the City and the District.
Fresno County Auditor-Controller/Treasurer Tax-Collector 2281 Tulare Street
Fresno, CA 93721
Signatures on next page
90 Section 7, Item G.
IN WITNESS WHEREOF, the parties have entered into this Agreement in Fresno County, California.
FRESNO COUNTY FIRE PROTECTION
DISTRICT
By: _____________________________
John Arabian, Board President
Date: _____________
ATTEST:
By: _____________________________
Brad Richter, Board Secretary
Date: _____________
APPROVED AS TO FORM:
_______________________________
William D. Ross, District Counsel
Date: _____________
CITY OF FOWLER
By: ____________________________
Daniel T. Parra, Mayor
Date: ______________
ATTEST:
By: ____________________________
Angela Vasquez, City Clerk
Date: ______________
APPROVED AS TO FORM:
_________________________________
Scott G. Cross, City Attorney
Date: ______________
91 Section 7, Item G.
92 Section 7, Item G.
Exhibit 2 – Example Tax Allocation Rate Schedule
RO-22-01 Armstrong-Adams Reorganization
This agreement is intended to execute the Transition Agreement entered into between the City of Fowler and the Fresno County Fire Protection District effective July 31, 2024. The agreement provides for a payment to the District for 100% of the Base Year Allocation (BYA) for a period of (10) years. BYA to include up to a 2% annual constitutional increase determined by the State Board of Equalization. Year 1 payment due District the fiscal year following the year the City receives its allocation of property taxes from this annexation.
Payments due the District for each fiscal year (July 1 - June 30) will be made no later than August 30 each year for the prior fiscal year. City and District agree that total payments for annexations over a ten-year period that are less than $10,000, City will pay the District a one-time payment in total for that annexation.
Recording Date of: August 22, 2022
Tax Roll Used: 2022
Tax Rate Area (TRA) # 095-001
Total Assessed Value of all involved parcels at recording: $769,665 Equivalent Tax Rate (ETR) = .0009724
Base Year Allocation (BYA) = $748.42
Year BYA + Annual Increase Payment Due
Year 1 Payment 2022 $748.42 ------- $748.42
Year 2 Payment 2023 $748.42 2.00% $763.39
Year 3 Payment 2024 $763.39 2.00% $778.66
Year 4 Payment 2025 $778.66 2.00% $794.23
Year 5 Payment 2026 $794.23 2.00% $810.11
Year 6 Payment 2027 $810.11 2.00% $826.32
Year 7 Payment 2028 $826.32 2.00% $842.84
Year 8 Payment 2029 $842.84 2.00% $859.70
Year 9 Payment 2030 $859.70 2.00% $876.89
Year 10 Payment 2031 $876.89 2.00% $894.43
Total Payments $8,194.99
____________________ ____________________
Dustin Hail Thomas W. Gaffery IV
Fire Chief Interim City Manager
Fresno County Fire Protection District City of Fowler
____________________ ____________________
Date Date
93 Section 7, Item G.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: THOMAS W. GAFFERY IV, Interim City Manager
SUBJECT: APPROVE a $66,137.04 payment to the Selma-Kingsburg-Fowler County Sanitation District (SKF) for capacity, inspection, and plan check fees for the David T. Cardenas Senior Center and Police Headquarters
EXECUTIVE SUMMARY
This action is required as a part of the entitlement process for the David T. Cardenas Senior Center and Police Headquarters.
BACKGROUND
As a part of the design and entitlement process for the David T. Cardenas Senior Center and Police Headquarters, SKF provides sewer system inspection and plan check services. In addition, SKF’s fee also includes one-time sewer capacity charges based on fixtures and estimated sewer system flows.
PUBLIC NOTICE
This item does not require a public hearing and was noticed with the City Council Agenda.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).
At this time, the City Council is not taking any action that would constitute approval of a Project.
The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment. 94 Section 7, Item H.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).
GENERAL PLAN CONSISTENCY
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 PF-8
Provide City departments with adequate office and building space for employee workspace and equipment storage.
FISCAL IMPACT AND PROCUREMENT PROCESS
Funding for this project has been allocated in the Fiscal Year 2024-05 Budget. As this action is over the City Manager’s approval authority, it is being brought for City Council consideration.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Fee
95 Section 7, Item H.
Thomas Gaffery
From: Frank Hernandez <[email protected]>
Sent: Monday, June 17, 2024 3:25 PM
To: Ng, Jimmy; SKF Engineering Department; Randy Caballero Cc: Esposito, Patricia N.; Michael Reid; Thomas Gaffery; Soo Ho Park Subject: RE: Fowler PD Sr Ctr - Sewer Plan Check Application Attachments: SKF Plate 20 - SS Lateral.pdf
Good Afternoon Jimmy,
The District has calculated the sewer capacity charges for the above-mentioned project. The fees are as follows:
(sewer capacity charges are subject to change and are payable at the District office)
S-F-K CSD sewer capacity charge 12.79 ESFRs $ 71,432.15 Plan Check/Inspection Fee 3,082.39
$ 74,514.54
Credit 1.50 ESFR’s -8,377.50
Total $ 66,137.04
City of Fowler sewer connection fee is equal to ESFRs 8.70 (Please contact the City of Fowler regarding the City connection fee)
96 Section 7, Item H.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: ADOPT Ordinance No. 2024-03, repealing Title 9 of the Fowler Municipal Code (Planning and Zoning Code) adopting the Citywide Zoning Code Update.
EXECUTIVE SUMMARY
The Citywide Zoning Code Update was prepared to implement the General Plan adopted in 2023 and to comply with recent legislative updates. Ordinance 2024-03 was introduced by a vote of 5-0 approval of the City Council on June 18, 2024. It is recommended that the Ordinance be adopted.
BACKGROUND
This item was introduced at the June 18, 2024 City Council meeting. As a result, it is being placed on the consent calendar.
The primary role of the Planning and Zoning Code (“Code”) is to implement the goals and policies established in the General Plan. The Code Update establishes the regulations and procedures that guide development and ensure that it is consistent with the General Plan vision.
In 2020, the City initiated a comprehensive update to the Code (“Code Update”). Upon completion of the Code Update, these regulations will be more user-friendly and help the City and applicants to achieve the goals and policies of the General Plan.
The City adopted its current Planning and Zoning Code in March 2009, and the last substantial update was completed in June 2017. While there have been some updates since the Code was originally adopted, these updates were drafted on a case-by-case basis in response to particular issues, resulting in several instances of similar-yet-conflicting regulations and internal inconsistencies. These inconsistencies have made the Code complicated for the public to navigate and difficult for City staff and decision makers to administer.
An audit report of the Code was presented to the Planning Commission and City Council on March 4 and April 6, 2021, respectively. This report analyzed the existing Code and made recommendations on how it could be improved upon. Through observation and analysis, the report put together an idea of what a revised Code would look like. 97 Section 7, Item I.
The Planning Commission provided feedback stating that they would like to see all conditional use permits and are looking forward to seeing what types of projects would fall under the minor and major categories. City Council concurred with the findings and recommendations of the audit report and provided the following feedback:
• Streamlining the permit process could help the City compete with surrounding jurisdictions for development in the region.
• New development should be encouraged.
• The current Code and the inconsistent language contained therein does present challenges with interpreting and implementing the Code.
On May 6, 2021, the Planning Commission was presented with a list of proposed uses and permit processes by zone district after providing feedback to staff on March 4, 2021.
Stakeholder interviews were conducted over the course of several days in April of 2021 with Fresno County Economic Development Corporation, Bee Sweet, National Raisin, and others.
Generally, stakeholders found the development process under the Code cumbersome and could be improved to be more comparable to that of other cities in Fresno County.
The Code Update focuses on streamlining the development process, adding clarity to established procedures, and ensuring compliance with recent legislative updates as well as the City’s Housing Element. (See Exhibit A, attached to Ordinance No. 24-03.) Table 1 below provides a summary of the proposed restructure to the Code, as well as notable changes.
The City’s current Zoning Ordinance is found under Chapter 5 of Title 9 of the Fowler Municipal Code. Other Chapters in Title 9 include Environmental Quality, General Plan, Subdivisions, and School Impact Mitigation Measures. These Chapters are considered to be outdated or have been integrated into the proposed Code Update language and as a result, the entirety of Title 9 would be repealed.
Table 1. Summary of the Citywide Zoning Code Update by Article # Title and Summary
1 General Provisions
This article establishes authority and framework for the adoption, interpretation, and enforcement of the code. Notable changes include how the Zoning Ordinance will apply to projects that are approved or are in process. It will also exempt projects undertaken by a Government agency, which are either approved by other public processes (City Council approval) or which preempt local ordinances (State and federal agencies). Additionally, it allows for the Director to make interpretations of the Code, provides for and how those interpretations are documented.
2 Administration, Permits, and Procedures
This article defines the permits and processes for land uses. Notable changes include:
Ministerial Plan Review, Development Agreements, a path for General Plan Amendment and Specific Plan proposals, and the removal of the Precise Plan permit. A substantial conformance review process is proposed to be applied to all permits, where currently only applies to Site Plan Review.
98 Section 7, Item I.
# Title and Summary
3 Zones
This article specifies the site controls for zones identified on the Zoning Map. Notable changes include consolidating residential zones to align with General Plan land use designations.
4 Site Development Regulations
The purpose of this article is to provide general development standards to ensure future development is well designed and integrated with existing development. Standards include landscaping; outdoor lighting; parking; performance standards for noise, vibration, odors, glare, and air pollution; signs; fences; and solid waste enclosures. Notable changes include open space requirements, protected private tree provisions, and extending parking reduction provisions southwest of 8th Street.
5 Specific Use Regulations
Certain uses require specific development standards that would not apply generally to all land uses. This article provides a discrete place for regulations for such uses. Notable changes include allowing for some alcohol sales through the Site Plan Review process, and the facilitation of smaller outdoor displays and outdoor dining. 6 Nonconforming Uses
This article identifies how legally existing uses that may no longer be allowed under the proposed zoning ordinance would be allowed to continually operate and under what circumstances. A notable change is that it is permissible to relocate or expand a legal nonconforming use when authorized by the approval of a Conditional Use Permit. 7 Definitions
This article provides definitions for terms and uses found in the Citywide Zoning Code.
Definitions are used to ensure that all parties understand how the Zoning Ordinance is to operate and that it does not require the involvement of any personal or subjective judgment by a public official. Notable changes include definitions of housing-related land uses to conform with State mandates.
At its May 30, 2024 special meeting, the Planning Commission voted to recommend approval of the Citywide Zoning Code Update with the following recommended changes, which will be incorporated upon the completion of the second reading at City Council:
Any Planning Commissioner can appeal a discretionary action taken by the Director.
Such appeals would be exempt from payment of generally applicable fees. The original approving authority shall be notified of lower-level decisions to approve amendments to discretionary permits.
Notice of Similar Use Determinations shall be provided to Planning Commission. Laboratories shall require a Major Conditional Use Permit in the C-3 (General Commercial), M-1 (Light Industrial), and M-2 (Heavy Industrial) zones.
PUBLIC NOTICE
A Notice of Public Hearing for the public hearing was published as a display advertisement of at least one-eighth page in The Business Journal on June 7, 2024, which was at least ten (10) 99 Section 7, Item I.
days prior to the public hearing. A pre-adoption summary was published in The Business Journal on July 8, 2024.
ENVIRONMENTAL REVIEW
The Citywide Zoning Code Update was found to be consistent with the development assumptions of the City’s General Plan with regards to density. The General Plan Environmental Impact Report (EIR) contemplates the development and implementation of the Citywide Zoning Code Update and considered the potential impacts that could result from such development in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15183, projects which are consistent with the City’s General Plan and General Plan EIR are absolved from further environmental analysis. If the Zoning Code Update is approved, staff will file a Notice of Determination with Fresno County under the previously certified General Plan EIR.
GENERAL PLAN CONSISTENCY
As described above, the Citywide Zoning Code Update was prepared to specifically align with the goals and policies of the General Plan. The following table is an excerpt of the General Plan action items that this Citywide Zoning Code Update is intended to satisfy.
Action Item No. Action Item
CDES-10a Establish standards for downtown commercial building façade enhancements and restorations.
CDES-11a Establish design guidelines and standards for public realm enhancements specific to the downtown area through a Downtown Specific Plan, or other appropriate mechanism. Distinctions should be made between upgrading existing development and new development.
OS-20b Establish tree shading implementation standards, including identification of preferred tree species.
OS-22b Develop design standards in support of the Golden State Boulevard Corridor Plan.
SAF-34c Review and revise, as appropriate, zoning regulations allowing for continued agriculture uses in the City limits where no development is proposed in the near-term.
SAF-33a Amend local ordinances to require open space or other buffers for new development abutting agricultural areas planned for long-term use.
SAF-32a Review and revise, as needed, zoning regulations to allow community gardens and similar urban agriculture uses.
SAF-25a Review and revise, as necessary, the Zoning Ordinance and other City standards to allow for low-impact stormwater management site design features.
SAF-1a Review and update the Zoning Ordinance, as necessary, to reflect changes in site planning practices.
ED-14b Identify and resolve barriers in the City’s Zoning Ordinance and administrative and regulatory processes to reduce inefficiencies and time delays associated with the development approvals.
100
Section 7, Item I.
Action Item No. Action Item
ED-11a Review and revise, as needed, the Zoning Ordinance and other City policies to encourage the development of a range of housing that can support the diverse housing needs of the local workforce.
ED-4b Review and revise, as needed, the review procedures for minor improvements to existing development and streamline the review and approval process to the extent feasible.
MOB-10a Review and revise, as needed, the Zoning Ordinance to include provisions for short-term and long-term bicycle parking and storage facilities.
OS-25a Adopt a parking lot shading standard to achieve compliance with the minimum shading requirement. Some exceptions may apply, such as for certain types of industrial developments. Such exceptions shall be specified in the shading policy.
OS-22a Review and revise the standards in the Highway Beautification Overlay Zoning District.
OS-3b Review and revise, as needed, the Zoning Ordinances for consistency with the 5% open space requirement for single family residential projects.
OS-20a Ensure adopted design standards require shading requirements for industrial, commercial, and residential development to minimize the urban heat island effect.
CH-14a Review and revise the Zoning Ordinance and other City regulations, as needed, to allow for multi-generational homes, accessory dwelling units, and other housing types that may accommodate larger households and potentially reduce overcrowding.
CH-25d Review and revise, as necessary, the Municipal Code to reflect the noise standards contained in this chapter.
OS-3a Adopt standards that establish minimum requirements for open space areas to qualify as usable for purposes of meeting the 5% usable open space requirement. Such standards shall require a minimum of a one-half acre park site. The remaining acreage needed to satisfy the 5% usable open space requirement may be made up of neighborhood trails or other usable open space areas meeting the minimum established requirements. In instances where 5% of a project site’s acreage, exclusive of rights of way, results in less than one-half acre, the park site for that project site may be constructed equal to the minimum acreage required to comply with 5% standard.
LU-13a Review and revise the Zoning Ordinance, as necessary, to reflect increased density allowances for planned unit developments at the City’s discretion.
Granting of additional density (not to exceed 25%) will depend on the developer's demonstration of the quality of design in such areas as access, circulation, building placement, parking, provision of open space, and architectural design and compatibility with the surrounding area.
LU-18a Review and revise the Zoning Ordinance, as needed, to allow residential uses in the Community Commercial Designation.
LU-19a Review and revise the Zoning Ordinance, as needed, to permit neighborhood-serving commercial uses, such as food markets, in residential zones through the Conditional Use Permit process.
LU-20a Develop policies and regulations to protect industrial areas from incompatible uses.
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Section 7, Item I.
FISCAL IMPACT AND PROCUREMENT PROCESS
The Code Update would result in the collection of development impact fees in accordance with the City’s most current development impact fee schedule at the time that the Code Update application was received by the City. Citywide development in accordance with the Code Update would also increase the assessed value of property and therefore generate additional ongoing property tax revenue to the City.
No procurement is associated with this action.
CONFLICT OF INTEREST
There is no perceived conflict of interest. Although approval of the Code Update would have an effect on each of the City Councilmembers as citizens of Fowler, but because the proposed amendments are being applied Citywide, any financial effect on the City Council would be indistinguishable from the general public. (8 CCR § 18703.) Attachment:
- Ordinance No. 2024-03
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Section 7, Item I.
Ordinance No. 2024-03
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1 ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER, COUNTY
OF FRESNO, STATE OF CALIFORNIA FINDING THAT THE CITYWIDE ZONING
CODE UPDATE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15183, AND APPROVING THE REPEAL OF TITLE 9 OF THE FOWLER MUNICIPAL CODE AND REPLACING IT WITH THE NEW CITYWIDE ZONING CODE UPDATE.
WHEREAS, on February 3, 2009, the City Council of the City of Fowler adopted Ordinance No. 2009-01, amending Chapter 5, of Title 9 of the Fowler Municipal Code, which was a comprehensive update to the City’s Zoning Ordinance; and WHEREAS, the last substantial update to the City’s Zoning Ordinance was in June of 2017, and any other updates to the Zoning Ordinance were drafted on a case-by-case basis in response to particular issues, resulting in several instances of similar-yet-conflicting regulations and internal inconsistencies; and
WHEREAS, in 2020, the City of Fowler caused the preparation of a comprehensive update to Title 9 (Planning and Zoning) of the Fowler Municipal Code hereinafter referred to as the “Citywide Zoning Code Update” (see Exhibit A attached herein); and WHEREAS, on March 4, 2021 and April 6, 2021, respectively, the Planning Commission and City Council were presented with an audit report that provided recommendations of necessary revisions and feedback regarding updates to the City’s current Zoning Ordinance.
WHEREAS, at a regular meeting on May 6, 2021, the Planning Commission provided feedback on the proposed Master Uses & Process by Zone Category Table; and WHEREAS, on April 18, 2023, the City Council of the City of Fowler adopted the City of Fowler 2040 General Plan; and
WHEREAS, Table 13-2 (Action Items – Regulatory Documents) and Table 13-3 (Action Items – Design Standards) of Chapter 13 (Implementation Strategy) of the Fowler 2040 General Plan, identifies action items that implement the policies of the General Plan; and WHEREAS, State law has been amended significantly with regards to accommodating housing for those with special needs; and
WHEREAS, Programs 11, 13, 14, 15, and 19 of the City’s Draft Housing Element identify zoning ordinance amendments that are needed to accommodate housing for those with special needs; and
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2 WHEREAS, at a special meeting on Thursday, May 30, 2024, at 6:30pm, the Fowler Planning Commission conducted a public hearing to consider the Citywide Zoning Code Update and recommended its approval with modifications; and
WHEREAS, at a regular meeting on Tuesday, June 18, 2024, at 6:00pm, the Fowler City Council conducted a public hearing to consider the Citywide Zoning Code Update and the Planning Commission-recommended modifications; and
WHEREAS, notice of said public hearing was published in the Friday, June 7, 2024, edition of The Business Journal, posted at City Hall and the City’s website; and WHEREAS, the City Council, has reviewed and considered the staff report, and all evidence presented at the City Council’s regular meeting on June 18, 2024, including oral and written public testimony on the text amendment, and which is herein incorporated by this reference, regarding adoption of the Citywide Zoning Code Update attached herein as Exhibit A.
THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that the Citywide Zoning Code Update is consistent with the Fowler General Plan and General Plan Environmental Impact Report (EIR), and further finds that replacing Title 9 of the Fowler Municipal Code with the Citywide Zoning Code Update is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15183.
SECTION 2: Title 9 of the Fowler Municipal Code is hereby repealed in its entirety.
SECTION 3. The Citywide Zoning Code Update as shown in Exhibit A, with the exception of minor technical changes and clarifications, is hereby added as Title 9 of the Fowler Municipal Code.
SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney. * * * * * * * * * *
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3 The foregoing ordinance was introduced at a regular meeting of the City Council held on June 18, 2024, and was adopted at a regular meeting of said Council held on July 16, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
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4 Exhibit “A”
PROPOSED ORDINANCE
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Section 7, Item I.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE a Memorandum of Agreement with the Fresno Council of Governments and authorize the Interim City Manager to execute
EXECUTIVE SUMMARY
This is an MOA among Fresno Council of Governments (FCOG) and member agencies pertaining to an EPA grant to fund greenhouse gas emission reduction measures. If awarded, Fowler would receive $2,735,000 for its Westside Alternative Transportation Planning efforts.
BACKGROUND
On March 29, 2024, The Fresno Council of Governments (FCOG) submitted an application to the U.S. Environmental Protection Agency (EPA) for a Climate Pollution Reduction Grant. The $199,134,008 grant is for greenhouse gas reduction measures that are consistent with adopted regional and local transportation plans and policies. On June 28, 2024, FCOG informed the City of Fowler that it would need to co-sign a memorandum of agreement (MOA) along with other member agencies who are party to the grant application. Member agencies signing onto the grant application, include:
City of Clovis
City of Fresno
County of Fresno
City of Firebaugh
City of Mendota
City of Parlier
City of Sanger
City of San Joaquin
Fresno County Rural Transit Agency
If awarded, $2,735,000 would go toward the Fresno COG’s Westside Alternative Transportation Plan to provide meaningful opportunities for residents to get around without the use of personal 108
Section 7, Item J.
automobiles. FCOG will be accountable to EPA and accepts full responsibility for effectively carrying out the full scope of work and the proper financial management of the grant.
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 item is consistent with the Fowler General Plan as demonstrated by the following goal and policies:
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-11
Ensure street and road projects are adequately designed to accommodate safe and convenient pedestrian and bicyclist access.
General Plan Policy CH-1
Implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.
FISCAL IMPACT AND PROCUREMENT PROCESS
There is no fiscal impact associated with the co-signing of this MOA. If FCOGs grant application is successful, the City of Fowler will receive $2,735,000 in funding for its Westside Alternative Transportation Planning efforts.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments:
- Memorandum of Agreement among FCOG and member agencies 109
Section 7, Item J.
MEMORANDUM OF AGREEMENT
AMONG FRESNO COUNCIL OF GOVERNMENTS
AND
CITY OF CLOVIS
CITY OF FRESNO
COUNTY OF FRESNO
CITY OF FIREBAUGH
CITY OF FOWLER
CITY OF MENDOTA
CITY OF PARLIER
CITY OF SANGER
CITY OF SAN JOAQUIN
FRESNO COUNTY RURAL TRANSIT AGENCY
This is an agreement among Fresno Council of Governments, hereinafter (FCOG) and nine of sixteen member agencies; City of Clovis, City of Fresno, County of Fresno, City of Firebaugh, city of Fowler, City of Mendota, City of Parlier, City of Sanger, & City of San Joaquin and agency partner Fresno County Rural Transit Agency, hereinafter (coalition members).
WHEREAS, pursuant to the U.S. EPA Climate Pollution Reduction Grant (Opportunity Package EPA-R-OAR-CPRGI-23-07) submitted March 29, 2024, by FCOG totaling $199,134,008 for project(s) in each of the nine specified jurisdictions and FCRTA; and WHEREAS, coalition members are committed to fulfilling their respective roles and responsibilities to successfully implement the GHG reduction measures described in the application; and
WHEREAS, roles and responsibilities align with overall project goals, objectives, and target outputs; and
WHEREAS, FCOG will distribute the funds to coalition members and direct a consultant to manage accurate and efficient reporting for the term of the project; and WHEREAS, the collaboration and partnerships as part of the coalition will benefit the projects; and
WHEREAS, FCOG and coalition members will contribute project management, staff time, technical analyses, training or facilitation, and other resources within capacity to the projects; and
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WHEREAS, FCOG will be accountable to EPA and accepts full responsibility for effectively carrying out the full scope of work and the proper financial management of the grant.
WHEREAS, all coalition members will be accountable to the lead applicant for proper use of EPA funding and successful project implementation.
NOW, THEREFORE, it is agreed by FCOG and coalition members as follows:
1. FCOG shall forward respective awards to the coalition members from the U.S. EPA Climate Pollution Reduction Grant application
2. All parties are committed to fulfilling their respective roles and responsibilities to successfully implement the GHG reduction measures described in the application.
FCOG City of Fresno
By________________________ By________________________
Interim Executive Director City Manager
County of Fresno City of Clovis
By________________________ By________________________
County Administrative Officer City Manager
City of Firebaugh City of Fowler
By________________________ By________________________
City Manager City Manager
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City of Mendota City of Parlier
By________________________ By________________________
City Manager City Manager
City of Sanger City of San Joaquin
By________________________ By________________________
City Manager City Manager
Fresno County Rural Transit Agency
By________________________
General Manager
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Section 7, Item J.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: THOMAS W. GAFFERY IV, Interim City Manager
SUBJECT: APPROVE a one-year agreement with the City of Selma for animal control services in the amount of $18,000
EXECUTIVE SUMMARY
With this action, the City of Fowler will transition from contracting with Fresno Human Animal Services (FHAS) to the City of Selma for animal control services.
BACKGROUND
Second Chance Animal Shelter previously provided animal control services to the cities of Selma and Kingsburg until late 2023. With the closing of Second Chance, the City of Selma has opted to bring its animal services program in-house under the leadership of Animal Servies Director, Terri Rockhold and Chief of Police, Rudy Alcaraz. The City of Kingsburg is also contracting with the City of Selma for animal control services.
The agreement’s annual cost of animal control services includes, but is not limited to, the salaries and benefits, services and supplies, fixed assets, and any additional costs to Selma for insuring itself against liability and the risks associated with undertaking the services provided, less any applicable revenue that is generated to offset those costs. The agreement includes up to six community events per year (microchipping, licensing, vaccination, etc.) contingent upon finding a vet to provide certain services. If approved, Fowler staff would then work with Selma staff on internal procedures and training. Selma Animal Services will provide adoption, foster, outreach services. The agreement also includes a per animal fee due to the typically low volume of animals transported to the shelter from the City of Fowler. Selma’s City Council approved this Agreement at their July 1, 2024 meeting.
PUBLIC NOTICE
This item does not require a public hearing and was noticed with the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
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GENERAL PLAN CONSISTENCY
Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
FISCAL IMPACT AND PROCUREMENT PROCESS
Funding for animal control services has been allocated in the Fiscal Year 2024-05 Budget.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Agreement
- Exhibits A & B
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Section 7, Item K.
AGREEMENT BETWEEN
THE CITY OF SELMA AND
THE CITY OF FOWLER
FOR THE PROVISION OF ANIMAL CONTROL SERVICES
This Animal Services Agreement (“Agreement”) is entered into this_____day of _____________(“Effective Date”), by and between the CITY OF SELMA ("Selma"), and the CITY OF FOWLER (“Fowler”), hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, Fowler is desirous of contracting with Selma for the performance of animal control functions within its boundaries by Selma through the Animal Services Division of Selma’s Police Department; and
WHEREAS, Selma is agreeable to rendering such services on the terms and conditions set forth below; and
WHEREAS, such contracts are authorized and provided for under the provisions of Sections 51300 et seq. and 54980 et seq. of the Government Code.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. SERVICE AREA.
Selma agrees, through the Animal Services Division of the Selma Police Department (hereinafter “Animal Services”), to provide kennel services (“Services”) within the corporate limits of the City of Fowler to the extent and in the manner set forth in this Agreement.
2. SCOPE OF SERVICES.
(a) Services to be Provided: Except as otherwise hereinafter specifically set forth, Services shall include those Services as set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein as if set forth in full. Selma shall begin performing Services within thirty (30) days of the Effective Date of this Agreement. (b) Consistent City Ordinances: To facilitate consistency of Services and provide legal authority for the enforcement of said Services, Fowler shall maintain necessary city ordinances relating to animal control. Fowler shall at all times during the term of this Agreement notify Selma of any material changes in the terms and provisions of Fowler’s animal control ordinances. (c) Reporting: Selma Animal Services shall provide to Fowler a quarterly report of Services provided under this Agreement, which includes, at a minimum: Fowler-specific data on animal intakes, euthanasia rates, and adoption rates.
(d) Coordination: Fowler and Selma Animal Services shall each designate a specific individual and alternates to make or receive requests and to confer upon matters concerning the delivery of Services.
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3. CONTROL OF SERVICES.
(a) The rendition of Services, the standards of performance, the discipline of animal control officers, and other matters incidental to the performance of Services, and the control of personnel so employed, shall remain with Selma. However, if any Selma animal control employee assigned to duty under this Agreement is not providing satisfactory performance of Services to Fowler, the City Manager may so notify the Chief of Police in writing and within thirty (30) days of receipt of such written notification, the Chief of Police shall respond in writing thereto. (b) Power to Act. Except as provided by Section 5 of this Agreement, Selma is not acting as an agent of Fowler and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of Fowler except as may be expressly authorized in advance in writing from time to time by Fowler and then only to the extent of such authorization.
(c) Name and Logo. Parties shall not use each other’s name or insignia, photographs relating to Parties, or any publicity pertaining to the Parties, as it relates to 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 Parties. (d) Standard of Care; Compliance with Law. Selma represents that it and any subcontractors utilized by Selma are and will be qualified in the field for which Services are being provided under this Agreement, and Selma and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Selma and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including antidiscrimination and anti-harassment laws.
4. PERSONNEL.
All persons employed by Selma in the performance of Services for Fowler under this Agreement shall be Selma employees, and no such person shall have any, or be entitled to any, Fowler benefit, pension, civil service status, or right of employment. (a) Fowler shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any Selma personnel performing Services hereunder for Fowler.
(b) Fowler shall not be liable for compensation of, or indemnity to, any Selma officer or employee for injury or sickness arising out of performing Services pursuant to this Agreement. 116
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5. MUNICIPAL AGENCY.
For the sole purpose of giving official status to the enforcement of Fowler animal control ordinances by Selma officers and employees, every Selma officer and employee engaged in performing Services under this Agreement shall be deemed an agent of Folwer while performing Services for Fowler to the extent that such Services are within the scope of this Agreement and are municipal functions.
6. CITIZEN COMPLAINTS.
All citizen complaints from Fowler residents regarding Services provided pursuant to this Agreement shall be investigated and resolved by Selma through its normal review procedures.
7. LIMITATIONS ON CONTRACTS.
(a) No person or organization shall be a third party beneficiary of this Agreement. (b) Neither party to this Agreement may assign its rights, privileges, benefits, or responsibilities hereunder to any other party without the express prior written authorization of the other party to this Agreement.
8. RESERVED.
9. INDEMNIFICATION.
Parties hereby agree to indemnify, defend and hold the each other, their 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 Parties or subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of Fowler or Selma’s sole negligence or willful misconduct, subject to any limitations imposed by law. Parties 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.
10. INSURANCE.
Each party shall maintain a policy or policies of insurance (or self-insurance covering same) in force at all times during the performance of this Agreement in the minimum limits of liability as stated herein:
(a) Comprehensive general liability, including but not limited to premises, personal injuries, products, and completed operations for combined single limit of not less than $1,000,000 per occurrence;
(b) Comprehensive automobile liability, including but not limited to property damage, bodily injury, and personal injuries for combined single limit of not less than $1,000,000 per occurrence; and
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(c) Worker’s Compensation coverage to the extent required by law. (d) Evidence of compliance with said insurance requirements shall promptly be supplied in writing if requested by the other party.
11. RESOURCES.
(a) Except as otherwise agreed, Selma shall furnish all labor, supervision, equipment, facilities, and supplies necessary to maintain the level of Services to be rendered in accordance with the terms of this Agreement. Selma and Fowler shall retain title to the property each may acquire to fulfill its obligations under this Agreement. Upon the termination of this Agreement, each party may dispose of its property as it sees fit.
(b) Notwithstanding the foregoing, it is agreed that in all instances where special supplies, stationary, notices, forms, and the like must be issued in the name of Fowler, the same shall be supplied by said city at its own cost and expense.
12. ANNUAL COST OF SERVICES.
(a) The initial annual estimated cost for Services is Eighteen Thousand Dollars ($18,000.00). Fowler shall pay Selma this amount on a quarterly basis. Fowler shall pay the initial quarterly payment of Four Thousand Five Hundred Dollars ($4,500.00) to Selma within thirty (30) days of the Effective Date of this Agreement. Thereafter, Fowler’s quarterly payments shall be made no later than thirty (30) days after the quarterly bill is sent by Selma. (b) Selma shall notify Fowler no later than 90 days prior to the anniversary date of this Agreement of the estimated cost of providing Services hereunder for the ensuing fiscal year. The annual estimated cost shall be based upon Selma’s estimated cost for providing Services to Fowler as it appears in Selma’s annual budget, which shall include, but not be limited to, the salaries and benefits, services and supplies, fixed assets, and any additional costs to Selma for insuring itself against the liability and the risks associated with undertaking the Services provided hereunder, less any applicable revenue that is generated to offset those costs. (c) Estimated costs for Shelter Services shall be calculated based on a per animal basis.
See Exhibit B, Per Animal Costs, which is attached hereto and incorporated herein by reference. (d) Notwithstanding any provisions of this Section, the Selma Chief of Police may, in his sole discretion, manage resources, including the reduction of staffing, support services, and other services, to equalize the fees received under this Agreement with the costs of providing Services to Fowler.
13. TERM.
(a) Unless sooner terminated as provided for herein, this Agreement shall commence on August 1, 2024 and shall remain in effect until June 20, 2025 (“Termination Date”). 118
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(b) This Agreement may be extended upon mutual agreement by the Parties, subject to a review of Selma’s annual operating costs and agreement on changes pursuant to this review by both Parties. Such mutual agreement to extend the term of this Agreement must be in writing and executed by the Parties at least thirty (30) days prior to the expiration of then then current term.
14. TERMINATION.
This Agreement shall terminate as provided in Section 13, unless terminated earlier pursuant to the following:
(a) Termination for Convenience. Either party may at its discretion terminate this Agreement for convenience and without cause upon ninety (90) days prior written notice to other party.
(b) Termination for Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. (c) Compensation to Selma Upon Termination. Selma shall be paid compensation for Services satisfactorily performed prior to notice of termination. However, in no event shall such payment when added to any other payment due under the applicable part of the Services exceed the total compensation of such part as specified Section 13. (d) Effect of Termination. Upon termination of this Agreement, Selma shall: (i) promptly discontinue all Services affected as reasonably possible in accordance with local, state and federal laws, and unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the Fowler, without additional compensation, all Work Product and/or deliverables accumulated by the Selma in performing this Agreement, whether completed or in process. Selma may not refuse to provide such Work Product for any reason whatsoever.
15. ALTERNATIVE DISPUTE RESOLUTION.
(a) Attempt to Meet and Confer. Should a dispute or problem arise between the Parties regarding this Agreement or any of the Services to be provided hereunder, Selma’s Chief of Police and Fowler’s City Manager, or their respective designees, shall meet and confer in good faith in an attempt to resolve the matter prior to either party initiating judicial action or mediation. (b) Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the Parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the Parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute. 119
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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.
16. AMENDMENTS.
The Parties hereto agree that each has had adequate opportunity to discuss and include in this Agreement any and all matters. Therefore, the Parties hereto agree that this Agreement may only be amended by mutual written consent of both parties, and neither party is obligated to meet to discuss any amendments hereto. 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.
17. NOTICE.
All communications between the Parties hereto shall be provided as follows:
For Fowler: Fowler City Manager
Fowler City Hall
128 S. 5th Street
Fowler, CA 93625
For Selma: Selma Chief of Police
2055 Third Street
Selma, CA 93662
Selma City Manager
Selma City Hall
1710 Tucker Street
Selma, CA 93662
Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
(a) Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
(b) Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
(c) Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
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(d) Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.
18. ATTORNEY'S FEES.
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the party may be entitled.
19. CONFLICT OF INTEREST.
(a) Both Parties warrant that neither party nor any of their employees have an improper interest, present or contemplated, in the Services which would affect Selma’s or its employees’ performance of the Services. Both Parties further warrant that neither party nor any of their employees have real property, business interests or income that will be affected by the Services.
Selma covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Selma shall not employ or retain the services of any person who is employed by Fowler or a member of any Fowler Council or Commission
The Parties have an affirmative duty to disclose to the other party in writing the name(s) of any person(s) who may have an actual, potential or apparent conflict of interest.
20. UNFORESEEN CIRCUMSTANCES.
Selma is not responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond Selma’s reasonable control, provided Selma gives written notice to Fowler of the cause of the delay within ten (10) days of the start of the delay.
21. CHOICE OF LAW.
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 Fowler and selma in the County of Fresno, California. Selma shall perform the Services 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.
22. 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. 121
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23. SURVIVAL.
The following sections shall survive the termination of this Agreement: Section 10 Insurance, and Section 9 Indemnification.
24. MATTERS TO BE DISREGARDED.
The titles of the sections, subsections, and paragraphs set forth in this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement.
25. ENTIRE AGREEMENT; COUNTERPARTS; CONTRIBUTIONS OF BOTH PARTIES.
This Agreement, including its Recitals and Exhibits which are fully incorporated into and are integral parts of this Agreement, constitutes the entire agreement between the Parties and there are no inducements, promises, terms, conditions or obligations made or entered into by Selma or Contractor other than those contained herein.
This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
This Agreement represents the contributions of both Parties, who are each represented by competent counsel, and it is expressly agreed and understood that the rule stated in Civil Code section 1654, that ambiguities in a contract should be construed against the drafter, shall have no application to the construction of the Agreement.
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EXHIBIT A
SCOPE OF WORK (FOWLER)
A. Provide and operate an animal control shelter and care facility, including all necessary buildings, structures, grounds, spaces, and equipment, and animal shelter services as may be necessary to properly receive, maintain, care, and provide for the appropriate disposition of animals that come within the legal animal control authority and responsibility of the City of Fowler. Such services shall include the following:
1) Receive and evaluate stray animals brought in by the City of Fowler. 2) Provide food, water, shelter, emergency, routine, and preventative medical care, and evaluations of the animals’ health, temperament, and condition once accepted into Selma Animal Services. Emergency medical care needed for animals PRIOR to admittance into the Selma Animal Services shall remain the responsibility of the City of Fowler.
3) Clean and disinfect kennels and cages and other shelters as needed. 4) Provide necessary grooming, flea and tick control, and rodent control for animals being housed by Selma Animal Services.
5) Provide euthanasia services when deemed necessary, as well as animal body storage, removal, and disposal.
6) Provide housing and care for animals from the City of Fowler that are subject to a rabies quarantine period (i.e., 10 days).
7) Receive and take care of injured or orphaned wildlife found in the City of Fowler as deemed appropriate by Selma Animal Services.
8) Provide basic training (catch-pole skills, microchip scanning procedures, basic animal handling, etc.) to Fowler personnel.
9) Six (6) annual events [i.e. microchipping, licensing amnesty promo, vaccination clinic (veterinary support pending) and animal care workshops].
B. Selma Animal Services will comply with any and all applicable local, state, and federal laws or regulations regarding the services set forth above.
C. Spay and neuter services for animals who have either been reclaimed at the shelter by their owner(s) or animals who are available for adoption shall be provided as part of these services, subject to any fees charged to the owner(s) or adopting individual(s). Pursue opportunities for low-cost spay and neuter services
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EXHIBIT B
ANIMAL COSTS ESTIMATES
Item Amount Notes
Intake Exam $100.00 Vaccines/Anti-Parasitic/Dewormer
Data Entry $150.00 PetPoint Database - Logs medical, behavior, interest, etc.
Spay Neuter $250.00 For mandated adoption, reclaim or rescue incentive Outreach $100.00 Networking with Foster Groups / Communication with Owner Basic Care - $100/day $500.00 5 day hold minimum. Includes Assessments, feed, clean, medicate, enrichment, etc.
Euthanasia $300.00 At Veterinarian
125
Section 7, Item K.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: ERIC M. ROCHA, Public Works Director
SUBJECT: Actions pertaining to purchase of one aerial bucket truck. i. APPROVE Resolution No. 2736, a resolution approving and adopting budget amendments for the additional funding for the purchase of a new aerial bucket truck for fiscal year 2024/ 2025.
ii. APPROVE the purchase of a 2024 Ford F350 Pickup from Lithia Ford of Fresno in the amount of $53,177.96 and authorize the Interim City Manager to execute the purchase.
iii. APPROVE the purchase of Zelta LJ13A pickup bed articulated aerial lift device from M & M Lifts, Inc. in the amount of $51,365.00 and authorize the Interim City Manager to execute the purchase.
4 EXECUTIVE SUMMARY
This action authorizes the purchase of a new aerial bucket truck to replace the current 20-yearold bucket truck.
BACKGROUND
The City of Fowler Department of Public Works ("DPW") is responsible for maintaining, constructing, and managing the City's public infrastructure and utilities. DPW crews undertake a variety of tasks including street maintenance, streetlight and park light repairs, tree trimming and removal, troubleshooting and repairing water communications, and emergency response services. To perform these essential functions, DPW requires specialized vehicles to transport skilled personnel, heavy equipment, specialized tools, and materials crucial for maintaining and enhancing the City's infrastructure. The acquisition of a new aerial bucket truck will significantly enhance our ability to ensure the reliability, resilience, and safety of our public works operations.
On June 4, 2024, the City Council approved the Fiscal Year 2024-25 Budget which included funding for a new aerial bucket truck. There is an urgent need to replace the existing aerial bucket truck. While the typical replacement schedule for such vehicles is ten years, the current aerial bucket truck has been in operation for over twenty years. This outdated unit has become unreliable, costly to maintain, and frequently out of service. 131
Section 7, Item L.
Due to its age, sourcing replacement parts has become increasingly difficult and expensive, as many parts are no longer in production. The extended repair times and frequent downtimes have necessitated renting aerial lifts at an average cost of $2,000 per month.
In response to this need, the City contacted multiple vendors for both trucks and lifts. Lithia Ford and M & M Lifts Inc. were the most responsive and offered the lowest prices for the City's specifications.
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 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.
Policy CDES-11
Protect and enhance the downtown area as a critical element of Fowler’s identity and smalltown character.
Policy CH-32a
Consider City vehicles and equipment as part of the Capital Improvement Program (CIP) process.
Goal MOB-4
The circulation system is adequately maintained.
Policy MOB-20a
Identify economically feasible street and highway improvement and maintenance projects that will improve goods movement.
Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.
Policy ED-6
Encourage activities that attract participants to Fowler and promote economic development.
Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
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Section 7, Item L.
FISCAL IMPACT AND PROCUREMENT PROCESS
The purchase of the new aerial bucket will be funded by allocating expenses to both the General Fund and the Water Fund. The initial purchase cost, along with any associated maintenance and depreciation expenses, will be divided between these two funds, ensuring that the financial impact is shared appropriately. Additionally, the surplus from vehicles listed for replacement in both the General and Water Funds will help cover the cost, further mitigating the financial impact on these budgets.
Consistent with the purchasing policy, staff obtained multiple quotes from vendors. Additionally, as this purchase is above the City Manager’s purchasing authority, the item is being brought forward for City Council consideration.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2736
- Budget Amendment for Reso No. 2736
- Lithia Ford F350 Quote
- M & M Lifts, Inc. Quote
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Section 7, Item L.
RESOLUTION NO. 2736
A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
APPROVING AND ADOPTING BUDGET AMENDMENTS FOR ADDITIONAL FUNDING FOR THE PURCHASE OF A NEW BUCKET TRUCK FOR FISCAL YEAR 2024/2025 WHEREAS, the FY 2024/2025 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2024/2025 Annual Budget was approved by the City Council on June 4, 2024, by Resolution No. 2717, and any subsequent amendments must be approved by Resolution; and
WHEREAS, a budget amendment is necessary to adjust expenses for additional funding for a new bucket.
WHEREAS, the budget amendment attached hereto as Attachment A specifies the additional funding for a new bucket to be expensed in the General and Water Fund.
NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2024/2025 budget be amended as described in Attachment A hereto to provide the necessary funding to various funds.
PASSED, APPROVED AND ADOPTED this 16th day of July 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
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Section 7, Item L.
ATTACHMENT A
REQUEST FOR BUDGET AMENDMENT
Resolution No. 2736
Requested by: Eric Rocha Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues
500 Water Fund Balance $ 9,848
100 General Fund Balance $ 19,696
Expenses
5000-5720 Water-Equipment $ 9,848
6200-5720 Street Maintenance-Equipment $ 9,848
6260-5720 Park Maintenance-Equipment $ 9,848
Reason(s) for Budget Amendment:
Finance Director
Signature Date
City Manager
Signature Date
City Council: Approved Resolution #__________ Denied
Journal Entry No. _______________ Date Posted ___________ By: ____________________________ To align expenses to the FY 2024/25 budget, staff request budget amendments to the following funds:
General Fund Expenses:
• Streets Maintenance-Equipment, $9,848: To adjust to expenses for additional funding for the purchase of a new bucket truck. • Parks Maintenance-Equipment, $9,848: To adjust to actual expenses for addtional funding for the purchase of a new bucktet truck.
Water Fund Expenses:
• Water-Equipment, $9,848: To adjust to expenses for additional funding for the purchase of a new bucket truck. 127
Section 7, Item L.
LITHIA FORD LINCOLN OF FRESNO
7/9/2024 7092024
Customer: CITY OF FOWLER Remit to Address:
Street Address 128 S 5TH STREET Lithia Ford Lincoln of Fresno City FOWLER 195 E Auto Center Dr
State CA Fresno Ca, 93710
Zip 93625 559-435-8400
Contact: ERIC ROCHA From: Dean Payne
Fleet Manager
Office: 559-834-3113 #121 Office: 559-436-4150
Email: [email protected] Email: [email protected]
Customer PO #: Ordered By: Order Date: Ship Date: Terms:
Eric Rocha
Product
Code
Quantity
Ordered
Quantity
Shipped Unit Price Total
NFT 1 1 48,675.00 $48,675.00
Subtotal: $48,675.00
Tax: $4,376.21
Fees $126.75
Total Due: $53,177.96
*Vehicle is as factory equipped, subject to prior sale
Documentation Fee 85.00
Government Fleet Purchase
Below Fees Include:
Registration Fee N/A EXEMPT
California Tire Fee 8.75
Electronic Filing Fee 33.00
DMV Exempt
Product Description
New 2024 Ford F350 Pickup
1FTRF3AA2RED12612
195 East Auto Center Drive Fresno, CA 93710 (559) 435-8400 Invoice Number FD23
7/9/2024 C.O.D.
Invoice Date:
Lithia Ford Lincoln of Fresno 195 East Auto Center Dr Fresno, CA 93710 (559) 435-8400 128
Section 7, Item L.
M & M Lifts, Inc.
6880 Orangethorpe Ave. Unit F, Buena Park CA. 90620 Tel: 714/736-9210 Fax: 714/736-9212 E-mail: [email protected] Web address: www.mmlifts.com
_________________________________________________________________________________________________ When you are ready for an “Aerial Lift “M & M Lifts is ready for you.
July 1st , 2024
City of Fowler
M & M Lifts QUOTATION 070120241
Item Quantity Description Truck Mounted
1 1 Aerial unit model LJ13A Articulated aerial device installed over rear axle built in accordance to Zetla standard specification and Includes the following standard features:
A. Ground to bottom of platform height: 37’ 2”
B. Working height: 42’ 7”
C. Horizontal reach: 16’ 8”
D: Aperture angle: 135 degrees
E: Stowed travel height: 112.6”
F: Outriggers: Radio outriggers, swivel shoe with two-spool valve installed G: Rotation: Non-Continuous 360 degrees
H: Platform leveling system: Galvanized steel cable in parallelogram Arrangement to provide positive bucket leveling in all boom position I: Platform: Single one man side hung
J: Hydraulic system: Open center with filters, operated at 2150 psi. and 2 GPM.
K: Engine: Briggs and Stratton engine drive pump unit with electric starter with Start/stop at platform and pedestal.
L: Controls: Full hydraulic, proportional & interactive controls at platforms and pedestal.
M: Hydraulic tool power: Installed at platform, w/ two quick disconnects.
N: Paint: Polyurethane white color.
O: Insulation: 46KV Category “C”
P: Manuals: Two (2), (1) operational and (1) maintenance manuals 129
Section 7, Item L.
M & M Lifts, Inc.
6880 Orangethorpe Ave. Unit F, Buena Park CA. 90620 Tel: 714/736-9210 Fax: 714/736-9212 E-mail: [email protected] Web address: www.mmlifts.com
_________________________________________________________________________________________________ When you are ready for an “Aerial Lift “M & M Lifts is ready for you.
M & M Lifts QUOTATION 070120241
Zetla LJ13A (43' working height)
1 Fiberglass Buckets rated @ 350 lbs. each
46KV Insulation Category "C"
5.5 hp Honda Engine
1 Set of "A" Frame Outriggers (If required)
12V DC. Full function emergency release system
Start/Stop Honda Engine @ bucket
Automatic Bucket leveling (Free)
(1) Harness and Lanyard
Installation
ONE YEAR WARRANTY Parts and Labor
Aerial Lift Total: $ 51,365.00
* Our prices do not include delivery or sales tax.
* Terms: COD a 50% deposit will be required at time of order. * Availability: 1 units in stock. If lift not in stock lead time 180-240 days ARO * FOB: Buena Park, CA.
* This price is based on lift availability, pricing may change if lift in stock is sold. * Financing and leasing available.
M & M Lifts, Inc. Accepted By: ________________
Print: ___________________________
By: _____________________________ Date: ____________________________ Byron Busbee
Sales Manager PO #:___________________________
130
Section 7, Item L.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2737 adopting both a Negative Declaration and the Fresno Council of Governments (FCOG) Regional Active Transportation Plan (R-ATP).
EXECUTIVE SUMMARY
This is adoption of the FCOG R-ATP and associated Negative Declaration under CEQA. The ATP will allow the City to better support its Active Transportation grant funding applications.
BACKGROUND
On May 30, 2024, Fresno COG approved a Regional Active Transportation Plan (R-ATP) to provide a comprehensive document outlining the future of walking and bicycling in Fresno County.
The R-ATP was developed in coordination with Fresno COG’s member agencies, including the City of Fowler, the general public, and stakeholder groups, such as local bicycling groups, walking advocates, educational institutions, and disadvantaged communities.
The R-ATP is intended to help Fresno COG’s member agencies, including the City of Fowler, better compete for funding sources to support ATPs and to satisfy California Transportation Commission (CTC) requirements. The City of Fowler can rely on the R-ATP to satisfy CTC requirements.
One of the project’s main goals is to detail a potential network of safe and attractive trails, sidewalks, and bikeways that connect Fresno County residents to key destinations—especially local schools, parks, and transit. The networks include: shared-use paths, bike lanes and routes, sidewalks, and crosswalk improvements.
Fowler Community Input
Community input from Fowler residents was received during several events hosted by Fresno COG, including:
Outreach event at the Fowler Farmer’s Market on September 6, 2023; and Two virtual open houses on December 4 and 6, 2023.
134
Section 7, Item M.
The input, reflected in Chapter 7 of the plan, resulted in the inclusion of the following ATP measures for the City of Fowler:
Intersection improvements at W Merced Street and S 10th Street and near the freeway off-ramp;
Sidewalk improvements along Adams Avenue and
19.4 miles of planned sidewalk and bicycle facility improvements.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
A Program Initial Study/Negative Declaration, in accordance with the California Environmental Quality Act (CEQA), was prepared for the R-ATP. The CEQA document was released for a 30- day public review period, which ended May 13th.
The R-ATP contains various programs, policies, and recommendations that pertain to bicycle and pedestrian facilities in Fresno County. Projects are identified at a conceptual level for the Fresno County R-ATP. Specific development is not being proposed under the regional plan and adopting the CEQA document would not authorize any development.
Fresno COG adopted the Initial Study/Negative Declaration by resolution (Resolution No. 2024- 13) on May 30, 2024.
Staff reviewed the Negative Declaration prepared and have determined that the analysis is adequate.
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 Goal MOB-5
Safe, well-designed, multi-modal connections exist across State Route 99, Golden State Boulevard, and the Union Pacific Railroad. Policies in this topic area of the Mobility Chapter address the provision of active transportation facilities resulting in physical changes or improvements to the circulation network. These policies support other elements of the General Plan by recognizing that for residents to effectively engage in active modes of transportation, there must be policies directing the development of active transportation facilities. 135
Section 7, Item M.
General Plan Policy MOB-9
New development may be required to provide off-site pedestrian and/or bicycle facilities to address gaps in the active transportation network.
General Plan Policy MOB-10
Develop a multi-purpose recreational bikeway network and support facilities.
General Plan Policy MOB-11
Ensure street and road projects are adequately designed to accommodate safe and convenient pedestrian and bicyclist access.
General Plan Policy MOB-12
Require traffic calming techniques in the design of new local streets where such techniques will manage traffic flow and improve safety for pedestrian and bicyclist users.
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 Goal OS-1
Open space areas enhance community livability, provide opportunities for improved public health, and are equitably distributed throughout the City.
General Plan Goal OS-2
Open space areas enhance community livability, provide opportunities for improved public health, and are equitably distributed throughout the City.
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
General Plan Goal OS-4
Open space acquisition, development, programming, and maintenance is adequately and reliably funded.
General Plan Policy OS-9
Trails shall be planned and constructed according to the classifications found in Table 8-2: Trail Facilities.
General Plan Policy OS-10
The City shall implement the community trail network as shown Figure 8- 2: Trail Facilities.
General Plan Policy OS-11
Neighborhood trails should be planned as part of a connected, City-wide open space network which connects neighborhoods, parks, community trails, and other destinations including the downtown and shopping districts.
136
Section 7, Item M.
General Plan Policy OS-12
Placement of neighborhood trails should be constructed along the most direct alignment possible to close network gaps in the trail system. Neighborhood trails may be required to be constructed as part a new development in order to accommodate that connection.
General Plan Policy OS-13
When a site designated for a segment of the community trail is located within the boundaries of a subdivision map or the project site for other discretionary planning permits, the City may require the applicant to dedicate the trail area, prepare plans, and construct the trail. The planning, design, and construction of the community trail is in addition to other open space dedication and funding requirements, as detailed in Policy OS-18 and Policy OS-3. However, the cost to construct the community trail may be reimbursed, consistent with City standards and procedures.
General Plan Policy OS-14
Continue cooperative efforts with the Fowler Unified School District for park and recreational facilities.
General Plan Policy OS-15
Support the use of multipurpose open space by collocating public facilities with park and trail facilities.
General Plan Policy OS-16
Ensure that community centers provide sufficient space to conduct civic meetings, recreational programs, and social activities to meet the needs of residents. The City should aim to meet the standard of one meeting room per 7,500 residents. Community centers should serve the needs of seniors; families with children; and teens. Locate a new Community Center within or adjacent to parks or downtown.
General Plan Policy OS-17
The City shall use a broad range of funding and economic development tools to ensure high quality development, maintenance, and programming of the City parks, trails, and recreation system
FISCAL IMPACT AND PROCUREMENT PROCESS
There is no direct fiscal impact associated with this item. Adoption of the ATP will allow the City to better support its Active Transportation grant funding applications. Successful applications would reduce infrastructure costs borne by the City.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution 2737, Attachments A- Regional Active Transportation Plan and Attachment - Initial Study/Negative Declaration
137
Section 7, Item M.
1 RESOLUTION NO. 2737
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER, COUNTY OF
FRESNO, STATE OF CALIFORNIA ADOPTING THE FRESNO COUNCIL OF
GOVERNMENTS REGIONAL ACTIVE TRANSPORTATION PLAN
WHEREAS, the Fresno Council of Governments initiated the preparation of the Fresno County Regional Active Transportation Plan (“Active Transportation Plan”), attached hereto as Attachment A; and
WHEREAS, community input was received through:
An outreach event at the Fowler Farmer’s Market on September 6, 2023; Two virtual open houses hosted on December 4 and 6, 2023; and WHEREAS, the Active Transportation Plan (Exhibit “A”) includes:
planned intersection improvements at W. Merced Street and S. 10th Street and near the SR 99 off-ramps;
sidewalk improvements along Adams Avenue;
19.4 miles of planned sidewalk and bicycle facility improvements; and WHEREAS, the Active Transportation Plan is in compliance with the 2022 Fresno Council of Governments Regional Transportation Plan and Sustainable Communities Strategy; and
WHEREAS, the Active Transportation Plan is an implementation tool for the City of Fowler General Plan Circulation Element; and
WHEREAS, approval of the Active Transportation Plan meets the eligibility requirements for Active Transportation Program funding; and
WHEREAS, at a regular meeting on Tuesday, July 16, 2024, at 6:00pm, the Fowler City Council held a public meeting to consider the Active Transportation Plan, invited testimony, considered, and discussed the adequacy of the Negative Declaration for the Project pursuant to CEQA Guidelines Sections 15096 and 15070; and
WHEREAS, Fresno COG recognized the City as a responsible agency to the Negative Declaration (State Clearinghouse No. 2024040476) prepared for the Active Transportation Plan, which was adopted on May 30, 2024, by the Fresno Council of Governments Policy Board through Fresno Council of Governments Resolution 2024-13, included herein as Attachment B; and NOW THEREFORE, BE IT RESOLVED the City Council of the City of Fowler hereby:
1. Finds that the Negative Declaration prepared for the Active Transportation Plan is adequate.
138
Section 7, Item M.
2 2. Finds that, based on its own independent judgment, there is no substantial evidence in the record to indicate that the Active Transportation Plan would have a significant effect on the environment.
2. Finds that adopting the Active Transportation Plan is in the best interest of the City of Fowler.
3. Adopts the Active Transportation Plan.
PASSED, APPROVED AND ADOPTED this 16th day of July 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
139
Section 7, Item M.
3 Attachment “A”
REGIONAL ACTIVE TRANSPORTATION PLAN
140
Section 7, Item M.
4 Attachment “B”
INITIAL STUDY/NEGATIVE DECLARATION
141
Section 7, Item M.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: ERIC M. ROCHA, Public Works Director
SUBJECT: APPROVE an Agreement for the installation, removal, and storage of holiday decorations for the City of Fowler in the amount of $8,525.00 per year to Sierra Installations, Inc. and authorize the City Manager to negotiate and execute the Agreement.
EXECUTIVE SUMMARY
This scope encompasses the installation, removal, and storage of holiday decorations, including a 30' Christmas tree, pole-mounted wreaths, and cross-street decorations. This initiative is designed to reduce staff time and provide cost savings, thereby allowing the Department of Public Works to maintain its schedule for other essential duties.
BACKGROUND
In December of 2023, the Department of Public Works identified a need for additional resources to support the installation, removal, and storage of the City’s holiday decorations. Staff determined that handling these tasks in-house was causing significant delays of approximately three weeks for normal seasonal duties and tasks. Additionally, the department incurred extra costs for overtime and equipment rental to complete the holiday duties alongside regular responsibilities.
The City contacted multiple vendors for cost proposals and received one from Sierra Installations Inc. This proposal offered a cost-effective solution that aligned closely with the City's goals, providing a financially viable option without compromising on quality.
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. 142
Section 7, Item N.
GENERAL PLAN CONSISTENCY
Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.
GOAL CDES-2
Fowler incorporates enhanced gateways and wayfinding systems for an improved sense of arrival and orientation for residents and visitors.
Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
Policy CDES-2
Enhance wayfinding opportunities within the planning area.
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-11
Protect and enhance the downtown area as a critical element of Fowler’s identity and smalltown character.
GOAL OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
FISCAL IMPACT AND PROCUREMENT PROCESS
This action will result in projected cost savings for the City, and is identified in the Fiscal Year 2024-05 Budget under the Recreation Division’s General Fund allocation. This action is consistent with the Purchasing Policy as staff have attempted to obtain multiple quotes for this service, and the total contract amount is within the City Manager’s purchasing authority.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Sierra Installations Inc. Agreement
- Proposal
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Section 7, Item N.
021023tg 1
CITY OF FOWLER
CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") Sierra Installations, Inc. ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on July 18, 2024 (“Effective Date”), following approval by the City Council.
RECITALS
A. City desires to engage the services of a qualified vendor to Install, Remove and Store Holiday Decorations for the City of Fowler ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.
B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.
C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:
AGREEMENT
1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.
2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.
3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on January 21, 2028, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.
4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement as follows: $8,525.00 annually. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed Eight Thousand Five Hundred Twenty Five dollars ($8,525.00) annually.
The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.
5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement 144
Section 7, Item N.
021023tg 2
and is hereby retained to perform work that is outside the usual course of City’s business. Vendor 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 Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.
6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.
7. [Reserved]
8. Subcontractor Provisions. Vendor 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 Vendor 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 Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
9. Power to Act on Behalf of City. Vendor is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.
Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.
11. [Reserved]
12. [Reserved]
13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services 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.
14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor shall not employ or retain the services of any person who is employed 145
Section 7, Item N.
021023tg 3
by the City or a member of any City Board or Commission.
15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Vendor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Vendor or its successor, or for any breach of any obligation under the terms of this Agreement.
16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.
17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’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, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.
18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.
19. Indemnity and Defense. Vendor 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 Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.
20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a 146
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business license from City and pay the applicable business license fee to City during the term of this Agreement.
21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor 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, Vendor shall not assign the payment of any monies due Vendor 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 Vendor directly to Vendor.
22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.
23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.
24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
25. 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.
26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Fresno, California. Vendor shall perform the Services 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. 147
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28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.
Demand for mediation shall be in writing and delivered to the other party to this Agreement.
A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.
32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services 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 Vendor have executed this Agreement on the date(s) set forth below.
Sierra Installations, Inc. CITY OF FOWLER
__________________________
Jeremy Yeppez Wilma Tucker
Owner City Manager
Date: Date:
P.O. Box 9871 128 S. Fifth Street
Fresno, California 93794 Fowler, California 93625
(559) 834-1122 (559)834-3113 ext. 121
[email protected] [email protected]
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EXHIBIT A
SCOPE OF SERVICES
Sierra Installations, Inc., agrees to Install, Remove and Store Holiday Decorations for the City of Fowler, California:
1 - 30’ Branch Tree with Drum and 3’ Star
25 – Pole Mounted Wreaths
1- Cross Street Decoration
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.
a. Minimum Limits of Insurance. Vendor 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 $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor 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 Vendor 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 Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor 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 Vendor’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 Services performed pursuant to this Agreement, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. 150
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(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) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor 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 Vendor 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. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’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 Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor 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 Vendor to City under this Agreement. 151
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EXHIBIT C
CERTIFICATE OF INSURANCE
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: YVONNE HERNANDEZ, Recreation Supervisor
SUBJECT: APPROVE a donation to Outbreak Youth Ministry in the amount of $1,500
EXECUTIVE SUMMARY
This action provides a $1,500 donation to Outbreak Youth Ministry.
BACKGROUND
Outbreak Youth Ministry performed volunteer cleanup after the 4th of July event at Fowler High School stadium. on Thursday, July 4, 2024. The volunteer cleanup will be allocated from grant funds the City receives annually from the California Department of Resources Recycling and Recovery (CalRecycle).
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
Policy CH-24
Encourage the collaboration between City departments and interested organizations, service districts, and schools.
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
Policy OS-14
Continue cooperative efforts with the Fowler Unified School District for park and recreational facilities.
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Policy PF-25
Facilitate activities that reduce waste production and/or encourage recycling or reuse of waste when possible to reduce the amount of solid waste sent to landfill in order to meet State targets.
FISCAL IMPACT AND PROCUREMENT PROCESS
Funds have been appropriated under the CalRecycle Fund in the Fiscal Year 2024-25 Budget.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- None
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: AUTHORIZE the Interim City Manager to enter into an agreement with FCTA to obtain construction gap funding in the amount of $402,498 for the Golden State Boulevard Bike and Pedestrian Trail from Merced Street to Manning Avenue.
EXECUTIVE SUMMARY
The Golden State Boulevard Bike and Pedestrian Trail from Merced Street to Manning Avenue held a construction bid opening on April 16, 2024. Staff identified a responsive low bidder, but the construction bid was substantially higher than the amount funded by the Congestion Mitigation and Air Quality (CMAQ) Grants. However, Fresno County Transportation Authority (FCTA) is willing to provide $402,498 in supplemental construction funds since the Golden State Corridor project had originally intended to include a shared use path along Golden State Boulevard. This action would allow the Interim City Manager to enter into a reimbursement agreement with FCTA to obtain additional funding to deliver the project.
BACKGROUND
The City received two separate CMAQ grants in 2013 and 2016 to construct a shared use path along Golden State Boulevard to serve active transportation modes from Merced Street to Manning Avenue. The design of the shared use path as a separate project was temporarily halted when the Golden State Corridor project was expected to include the design and construction. However, the shared use path scope was removed from the Golden State Corridor project because the shared use path triggered additional improvements required by Union Pacific Railroad. Therefore, the City took responsibility of constructing the shared use path to avoid losing the CMAQ funds already allocated.
The construction documents of the Golden State Boulevard Shared Use Path were completed in early 2024 and advertised in March 2024. The lowest responsive construction bid was still substantially higher than the construction funds available through the CMAQ grant primarily due to price escalation of construction in the last few years. Therefore, City Staff requested that FCTA consider funding the gap in the construction cost to complete the project. If approved, the FCTA board will consider this agreement at their August board meeting, and City Staff will be 156
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bringing this project back to City Council for authorization to move forward with the contractor who was the responsive low bid.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Policy MOB-10
Develop a multi-purpose recreational bikeway network and support facilities.
General Plan Policy CH-1
Implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.
FISCAL IMPACT AND PROCUREMENT PROCESS
If this agreement with FCTA is approved, the City will make progress payments to the contractor during construction and request monthly reimbursement payments from FCTA. Therefore, there is no net negative fiscal impact to the City.
This action is to secure additional funding for a future construction project and not subject to a procurement process.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- FCTA Funding Agreement
- FCTA Funding Agreement, Exhibit A
- FCTA Funding Agreement, Exhibit B
- FCTA Funding Agreement, Exhibit C
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1 MEASURE C
COOPERATIVE PROJECT AGREEMENT
Short-Term Regional Transportation Program
RURAL F - Golden State Blvd Corridor Improvement Project City of Fowler Bike and Pedestrian Trail – Manning Avenue to Merced Street This Cooperative Project Agreement (“Agreement”) is made and entered into on______________, 2024 by and between the City of Fowler (“Responsible Agency”) and the Fresno County Transportation Authority (“Authority”).
RECITALS
WHEREAS, Authority and Responsible Agency desire to enter into an Agreement for funding of a transportation improvement project in Fresno County pursuant to the Measure C Strategic Implementation Plan (“SIP”), and the Measure C Extension Expenditure Plan (“Expenditure Plan”), which was approved by the voters of Fresno County in November 2006; and,
WHEREAS, Responsible Agency desires to receive eligible Measure C Regional Transportation Program (“Measure C”) funds from the Authority regarding Rural Project F – Golden State Blvd Corridor Improvements for the Bike and Pedestrian Trail construction within the City of Fowler from Manning Avenue to Merced Street as specified in the SIP and consistent with the Tier 1 list of Regional Transportation Program projects referenced in the Expenditure Plan; and
WHEREAS, Authority is authorized to approve Project funding for payment to Responsible Agency in accordance with this Agreement, the SIP and the Expenditure Plan regarding Rural Project F – Golden State Blvd Corridor Improvements for the Bike and Pedestrian Trail construction within the City of Fowler from Manning Avenue to Merced Street; and, WHEREAS, Authority shall provide funding to Responsible Agency for eligible Project costs “not to exceed” $402,498 of Measure C funding; and WHEREAS, Responsible Agency is prepared to begin Bike and Pedestrian Trail construction and has requested funding sufficient to complete this phase of the Project including Construction Support and Capital.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant, and agree as follows:
AGREEMENT
SECTION I
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2 Covenants of Responsible Agency
Responsible Agency agrees to abide by the terms and conditions of this Agreement for the receipt of Measure C funds and to comply with the Expenditure Plan, SIP, and adopted Policies and Procedures, as well as any subsequent amendments, updates, or other applicable plans.
1.1 Project Scope, Schedule and Funding Program. The Project scope of work, schedule, and funding program, as well as any change thereto may not be implemented or initiated until it has been approved by the Authority in accordance with the SIP. For purposes of this Agreement, the Project scope, schedule, and funding program is as defined and described in the SIP and as further described below. Responsible Agency hereby certifies that the Project Construction Phase is fully funded, as demonstrated in the Project Funding Program.
1.1.1 Project Scope. See Attached Exhibit A.
1.1.2 Project Schedule. See Attached Exhibit B.
1.1.3 Project Funding Program. See Attached Exhibit C.
1.2 Eligible Project Costs. Notwithstanding section 1.1, the Authority reserves the right to consider on a case-by-case basis eligible costs incurred after July 1, 2007, but before a Responsible Agency has entered into an Agreement with the Authority. Eligible Project costs shall be equal to or less than Measure C funds allocated to the Project as specified in Section 1.1.3 of this Agreement and in the SIP. State Transportation Improvement Program (STIP) or other funding allocations (other than Measure C) identified in the SIP are considered “other” contributions available to the Project. The Responsible Agency must match Measure C funds with other such funds consistent with the funding program referenced in Section 1.1.3 and consistent with the SIP and Expenditure Plan.
NOTE: Expenses incurred after July 1, 2007, but before a Responsible Agency has entered into an Agreement with the Authority for a currently active project, are incurred at the risk of the Responsible Agency.
1.3 Compliance with California PUC Code 142257. Responsible Agency agrees to the following:
1.3.1 Measure C funds will not be used to substitute for property tax funds, which the Responsible Agency had previously used for regional or other transportation purposes. It is hereby acknowledged by Responsible Agency that such substitution of property tax funds is expressly prohibited by California Public Utilities Code Section 142257.
1.3.2 The Responsible Agency has segregated property tax revenues from its other general fund revenues used to support the Project so that verification of nonsubstitution can be proved through audit or that the non-substitution of funds shall apply to the Responsible Agency’s entire general fund.
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3 1.3.3 Responsible Agency shall account for Project funds received pursuant to Public Utilities Code Section 142257. Responsible Agency shall maintain current records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. Responsible Agency shall make such records available to the Authority for inspection or audit at any time.
1.4 Compliance with Other Laws. In performance of its obligations relating to administration and completion of the Project, Responsible Agency shall at all times comply with all federal, state and local laws, ordinances and regulations currently in force as well as those that are subsequently enacted, promulgated or amended and thereby become applicable during the term of this Agreement.
1.5 Measure C Funds Defined. For purposes of this Agreement, eligible Project Measure C funds are deemed available as of the effective date of this Agreement. Eligible Project costs shall be equal to or less than the amount of funding available for the Project on a fiscal year basis as specified in the SIP and in Section 1.1.3 of this Agreement. In no case shall the total amount of Measure C funds for the Project in the SIP or referenced in Section 1.1.3 be exceeded without written amendment to this Agreement and to the SIP.
1.6 Invoices. The Responsible Agency shall submit invoices to the Authority no more frequently than monthly for activities conducted over the prior unbilled month. These documents shall include the following specified information:
1.6.1 Monitoring Expenditures and Progress Payments. The Responsible Agency will monitor expenditures and progress payments against the “not to exceed” limits specified in Section 1.1.3 of this Agreement.
1.6.2 Project Progress. If Project costs have not been invoiced for a six-month period, Responsible Agency agrees to submit a written explanation of the absence of the Project’s progress to the Authority, along with a target billing date and a target billing amount.
1.6.3 Direct and Indirect Costs. Responsible Agency may include in the Project invoice, direct and indirect costs of the Project. Indirect costs (as defined by OMB Circular A-87) will be considered an eligible expense.
1.6.4 Copies of Invoices. Responsible Agency shall provide the Authority with one (1) copy of appropriate source documentation to substantiate Project expenses or costs.
1.6.5 Eligible Project Cost Request Deadline. Invoices for eligible Project costs incurred by the Responsible Agency shall be submitted to the Authority on the approved form. The appropriation request will specify the use of the funding and 160
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4 the manner in which local matching funds were applied. The Authority’s Executive Director will review invoices for accuracy and sufficiency in terms of compliance with the foregoing requirements. Unsatisfactory or inadequate invoices will be returned to the Responsible Agency for correction and resubmission. Upon receipt of a proper invoice, eligible Measure C funds shall be provided to the Responsible Agency within 45 days.
1.6.6 Use of Funds. Responsible Agency shall use Measure C funds consistent with the Expenditure Plan, SIP, and Section 1.1.1 of this Agreement.
1.7 Reporting Form. Responsible Agency will indicate in the invoice form, its intent to complete and return the Annual Reporting Form (reference Appendix H in the SIP) to the Authority no later than November 15th of each year. If the Responsible Agency does not return the Annual Reporting Form to the Authority by that deadline, the Authority will withhold Measure C funds until such time as the form is returned by the Responsible Agency and reviewed for correctness by the Authority.
1.8 Cost Savings and Excess Costs.
1.8.1 Cost Savings. After the Project has been accepted by the Responsible Agency as complete, any positive difference between the total Project cost, as approved by the Authority pursuant to Section 1.1.3 and the total amount invoiced to the Authority shall be considered Project cost savings and shall be reprogrammed to other Tier 1 projects by the Fresno Council of Government (Fresno COG) and the Authority as the SIP is amended or updated.
1.8.2 Excess Costs. In the event the actual total Project costs exceed the estimate approved by the Authority, this amount will be considered an Excess Cost.
1.8.3 Reconciliation of Excess Costs. In the event that costs to complete the Project exceed the total amount of funds programmed, the Responsible Agency will be fiscally responsible for the full amount of Excess Costs associated with the Project, unless otherwise agreed by the parties pursuant to Section 2.3.
1.9 Project Management/Formation of Project Development Team (PDT). To ensure that the Project is implemented in a timely manner and consistent with the SIP and Expenditure Plan, a Project Development Team (PDT) shall be formed under the control of the Responsible Agency. The Responsible Agency will form, notice, conduct and administer the PDT for the Project. The PDT formed for the Project shall include a staff member from both the Authority and Fresno COG.
1.10 Award of Project. The Responsible Agency shall administer the Project, including but not limited to its advertisement and award of all contracts, in accordance with applicable legal requirements as provided above in Section 1.4 and in full conformity with the standards applied by Responsible Agency in the administration of its own road construction projects.
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5 1.11 Maintenance of Project Records. Responsible Agency shall maintain complete and accurate records with respect to costs addressed in Section 1.1.3 of this Agreement. All such records shall be maintained on a generally accepted accounting basis and be clearly identified and readily accessible. Responsible Agency shall provide free access to the Authority at all times to such books and records. Responsible Agency shall maintain all work data, documents, and proceedings of this Agreement for a period of five (5) years from the date of final audit from the Authority.
1.12 Project Groundbreaking and Ribbon Cutting Ceremonies. Responsible Agency shall acknowledge Measure C funding contribution to the Project at the groundbreaking and ribbon cutting ceremony should the Responsible Agency conduct such a ceremony.
Groundbreaking and ribbon cutting ceremonies are encouraged, but not required unless specifically requested by the Authority.
1.13 Project Signage. Responsible agency agrees to the following:
1.13.1 Responsible agency shall provide signage at construction sites or on equipment, as appropriate, for the projects funded partially or wholly by Measure C sales tax revenue, so that Fresno County Taxpayers are informed as to how those funds are being used. Responsible Agency shall include the Measure C logo on all project reports, bulletins, flyers, press releases, webpages or other related media.
1.13.2 Responsible Agency shall erect funding signs as a first order of work of any construction contract. The signage shall be in conformance with specifications approved by and on file with the Authority, and included in Appendix J to the SIP.
Responsible Agency shall keep signs cleaned, well maintained, and visible throughout all phases of the construction contract. Signage shall remain in place at least three (3) months after completion of the Project. Installation and removal of signage is an eligible expense.
SECTION II
Covenants of Authority
Authority agrees to provide Measure C funds to the Responsible Agency for eligible Project costs in accordance with the terms and conditions set forth herein, and in compliance with the Expenditure Plan, the SIP, all Measure C Policies and Procedures, as well as any subsequent amendments or updates, and to other applicable plans and programs.
2.1 Eligible Project Cost Payments. The Authority shall make payments to Responsible Agency for actual incurred eligible Project costs as specified in Section 1.1.3 of this Agreement and consistent with the SIP. To receive payments for Project work completed, the Responsible Agency shall comply with the following procedures:
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6 2.1.1 Ineligible Costs. The Authority reserves the right to recover payment from the Responsible Agency if an invoice includes ineligible Project costs.
2.1.2 Payment Amount. The amount of Project payments to the Responsible Agency shall be made pursuant to the SIP and this Agreement.
2.1.3 Suspension of Payment. Payments for eligible Project costs shall be suspended without interest when a dispute arises as to whether or not a cost item(s) is eligible for payment.
2.1.3.1 Dispute Resolution. All disputes shall be settled in accordance with the laws of the State of California. Once a dispute has occurred, the Authority and Responsible Agency shall attempt to resolve the dispute informally in a mutually agreeable manner.
2.2 Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Responsible Agency’s records pertaining to the Project at any time following completion of the Project.
2.2.1 Notice of Audit. The Authority must provide at least 30 days’ advance notice to the Responsible Agency if an audit is to be conducted.
2.3 Reconciliation of Excess Costs. Excess project costs to complete a Project are not eligible for reimbursement. The amount of Measure C funds identified in Section 1.1.3 of this Agreement and in the SIP are the maximum funds available for reimbursement to the Responsible Agency and will not be exceeded by the Responsible Agency without an approved amendment to this agreement. If needed for that purpose, the Responsible Agency shall make a written request to the Authority for an amendment to this Agreement. Any such amendment shall constitute an effective modification of this Agreement only if signed and approved by duly authorized representatives of both the Authority and the Responsible Agency.
SECTION III
Mutual Covenants
The Authority is released from any liability to Responsible Agency regarding the Authority’s administration and issuance of the Measure C proceeds except for any breach of Authority’s fiduciary duty as set forth in the Expenditure Plan and SIP.
3.1 Effective Date and Term. This Agreement shall become effective as of the date of its execution by the Authority and Responsible Agency and shall remain in full force and effect following its final approval by the Authority’s Board, for a period of twelve (12) months following the date of Grantee’s completion of eligible Project work, unless earlier terminated as provided in Section 3.2 or in Section 3.4 or unless the Agreement’s term is extended by amendment in accordance with Section 3.8. 163
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7 3.2 Discharge. This Agreement shall be subject to discharge as follows:
3.2.1 Termination of Mutual Consent. This Agreement may be terminated at any time by mutual consent of Responsible Agency and Authority. If this Agreement is mutually terminated by the parties, Responsible Agency will no longer receive Measure C funds unless a new agreement between Responsible Agency and Authority is formed.
3.2.2 Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.14, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Project as certified by the Authority.
3.2.3 Termination by Authority. The Authority reserves the right to terminate the Agreement at any time by giving written notice to Responsible Agency of such termination and specifying the effective date thereof. If this Agreement is terminated by the Authority as provided herein, Responsible Agency will be paid for eligible Project costs incurred prior to termination of the Agreement by the Authority consistent with the funding program identified by Section 1.1.3 and contained in the SIP. In that event, all finished or unfinished documents and other materials shall, at the option of the Authority, become its property subject to the terms and conditions of Section 1.11.
3.3 Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Responsible Agency:
3.3.1 Responsible Agency shall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any and all damages, liabilities, claims and expenses, arising out of Responsible Agency's errors, omissions, negligent acts or willful misconduct during the term of this Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Responsible Agency shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Responsible Agency under this Agreement or in connection with any work, authority, or jurisdiction delegated to Responsible Agency under this Agreement.
3.3.2 Authority shall fully defend, indemnify and hold harmless Responsible Agency, and any officer or employee of Responsible Agency, against any and all damages, liabilities, claims and expenses, arising out of Authority’s errors, omissions, negligent acts or willful misconduct during the term of this Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully defend, indemnify and hold the Responsible Agency harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Authority under 164
Section 7, Item P.
8 this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.
3.4 Limitation. All obligations of the Authority under the terms of this Agreement are expressly subject to the Authority’s continued authorization to collect and expend the sales tax proceeds provided by Measure C funds. If for any reason the Authority’s right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the Authority shall promptly notify the Responsible Agency, and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the Authority to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the Authority under all outstanding contracts, agreements to other obligations of the Authority, of funds for such purposes.
3.5 Notices. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by electronic mail or sent by first class mail, postage prepaid and addressed as follows:
AUTHORITY:
Terry Ogle, Executive Director
Fresno County Transportation Authority
2220 Tulare Street, Suite 2101
Fresno, CA 93721
Ph: (559) 600-3282 Fax: (559) 600-1499
[email protected]
RESPONSIBLE AGENCY:
Thomas Gaffery, Interim City Manager
City of Fowler
128 S Fifth Street
Fowler, CA 93625
Ph: (559) 834-3113
[email protected]
3.5.1 Notice personally delivered is effective when delivered. Notice sent by electronic mail is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after the date of mailing.
Either party may change the above address by giving written notice pursuant to this paragraph.
3.6 Additional Acts and Documents. Each party agrees to do all such things and take all actions, and to make, execute and deliver such other documents and instruments, as 165
Section 7, Item P.
9 shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
3.7 Integration. This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. NO representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.
3.8 Amendment. This Agreement may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
3.9 Independent Agency. Responsible Agency renders services under this Agreement as an independent agency under the Agreement. None of the Responsible Agency’s agents or employees shall be agents or employees of the Authority and none of the Authority’s agents or employees shall be agents or employees of Responsible Agency.
3.10 Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of all parties hereto.
3.11 Binding on Successors. This Agreement shall be binding upon each of the parties and their respective successor(s), assignee(s) or transferee(s). Provided however that this provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement, other than as provided in Section 3.10 above.
3.12 Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.
3.13 Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original, but all counterparts shall constitute a single document.
3.14 Survival. The following provisions in this Agreement shall survive discharge:
3.14.1 Responsible Agency. As to Responsible Agency, the following sections shall survive discharge: Section 1.6 (Invoices); Section 1.9 (Project Management/Formation of Project Development Team); and Section 3.3 (Indemnity).
3.14.2 Authority. As to Authority, the following sections shall survive discharge: Section
2.2 (Right to Conduct Audit) and Section 3.3 (Indemnity). 166
Section 7, Item P.
10 3.15 Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
3.16 Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.
3.17 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The parties agree that this contract is made in and shall be performed in Fresno County, California.
3.18 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.
3.19 No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.
3.20 No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.
3.21 Responsible Agency Legal Proceedings. The Responsible Agency shall inform the Authority of all pending legal agreements, scheduled settlement hearings, or other scheduled legal proceedings associated with the Project and invite and allow Authority to participate in such proceedings or hearings.
.
3.22 Attorney’s Fees and Costs. Authority and Responsible Agency will bear their own respective costs, including attorney’s fees, in connection with any legal proceedings related to the interpretation or enforcement of this Agreement or any of the terms and conditions hereof.
3.23 Exhibits and Recitals. The Recitals and Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
3.24 Signator’s Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party. 167
Section 7, Item P.
11 3.25 Force Majeure. Any party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by federal, state or local government; national fuel shortage; or a material act or omission by any party; when satisfactory evidence of such cause is presented to that other party, and provided further such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. 168
Section 7, Item P.
12 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.
FRESNO COUNTY TRANSPORTATION AUTHORITY
REVIEWED AND APPROVED
By By
(Signature) (Signature)
Name Ernest “Buddy” Mendes Name Terry Ogle
(Typed) (Typed)
Title Chair of the Authority Title Executive Director
APPROVED AS TO LEGAL FORM: APPROVED AS TO ACCOUNTING
DANIEL C. CEDERBORG, COUNTY FORM:
COUNSEL
By By
(Signature) (Signature)
Name Alison Samarin Name Oscar J. Garcia, C.P.A.
(Typed) (Typed)
Title Deputy County Counsel Title Auditor-Controller/Treasurer-Tax Collector
ATTEST
__________________________
City of Fowler
By
(Signature)
Name Thomas Gaffery
(Typed)
Title Interim City Manager
APPROVED AS TO FORM:
BY: _________________
Scott G. Cross,
City Attorney
169
Section 7, Item P.
Measure C Short-Range Regional Transportation Program | Project Scope – Project F Exhibit A 1 Rev 05.28.24
EXHIBIT A – PROJECT SCOPE
Project F – Golden State Corridor Project
City of Fowler Bike and Pedestrian Trail
Responsible Agency
City of Fowler
Project Limits
The project limits include 2.15 miles of a shared use path Along Golden State Boulevard between Merced Street and Manning Street.
Project Phase
Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] Phase 2 - Right-of-Way Acquisition
Phase 3 - Construction (Includes Project Construction & Construction Management) Project Phase(s) Scope
The project will construct a 12-ft wide shared use bath to allow for pedestrian or bicycle travel in either northbound or southbound direction on the west side of Golden State Blvd.
Complete Project Scope
The Preliminary Design and Bid Advertisement is completed. The project needs to be fully funded to be able to start construction.
Project Purpose
The purpose of this project is to provide a safe bicycle and pedestrian shared use path along Golden State Boulevard Corridor.
Transportation Benefit
The project is expected to reduce traffic congestion by encouraging active transportation modes.
Implications of Not Doing the Project
The implementation of this project provides a safer Class I - Shared Used Path for pedestrians and bicyclists. The Golden State Boulevard Corridor project which is funded through Measure C includes a project scope stipulation that a trail or a share use path would be constructed as part of the overall project. The City of Fowler had previously been awarded federal CMAQ funds to construct the share use path, but due to the construction cost escalation, there is a significant gap in funding. Funding this gap helps complete a substantial portion of the trail within the City of Fowler. Otherwise, the Golden State Corridor project may not fulfill all of its project scope obligations.
Community Engagement
The project limits are within a commercial area. Property and business owners will be kept informed of the Project’s status and schedule through an initial project notification letter & updates at City Council Meetings.
Construction Staging
Construction phasing has been implemented due to the potential impacts on adjacent residences and businesses, which use this facility to access their property.
Detours
There are no planned detours
Current Status
A Contractor has been identified as the apparent low bidder. The City of Fowler is awaiting this gap funding before taking the project to City of Fowler City Council authorization to execute the construction contract with the contractor.
Contact
For inquiries, you may contact Soo Ho Park, PE, TE, City of Fowler, City Engineer at 559-429-8669. 170
Section 7, Item P.
Measure C Short-Range Regional Transportation Program | Project Schedule – Project F - Exhibit B 1 EXHIBIT B – PROJECT SCHEDULE
Rural Project F – Golden State Corridor Project-City of Fowler Bike and Pedestrian Trail
Responsible Agency
City of Fowler
Project Limits
The project limits include 2.15 miles of a shared use path Along Golden State Boulevard between Merced Street and Manning Street.
Project Phase
Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] Phase 2 - Right-of-Way Acquisition
Phase 3 - Construction (Includes Project Construction & Construction Management) Contact
For inquiries, you may contact Soo Ho Park, P.E., T.E., with the City of Fowler, Engineering Dept. at (559) 429-8669.
Project Schedule
J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J Prelim. Eng.*1
1. Environ. Doc. 2013 Jun-22
2. PS&E 2013 Jan-24
Right-of-Way *2
Construction *3
1. Bid Devel. Feb-24 Mar-24
2. Costr. Manage. Aug-24 Mar-25
PROJECT PHASE START END 2022/23 2023/24 2024/25 2025/26 REGIONAL TRANSPORTATION PROGRAM FY 2021/2026
2021/22
171
Section 7, Item P.
Measure C Short-Range Regional Transportation Program | Project Funding Program – Project F - Exhibit C 1 EXHIBIT C -PROJECT FUNDING PROGRAM
Rural Project F – Golden State Corridor Project City of Fowler Bike and Pedestrian Trail
Responsible Agency
City of Fowler
Project Limits
The project limits include 2.15 miles of a shared use path Along Golden State Boulevard between Merced Street and Manning Street.
Project Phase
Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] Phase 2 - Right-of-Way Acquisition
Phase 3 - Construction (Includes Project Construction & Construction Management) Contact
For inquiries, you may contact Soo Ho Park, P.E., T.E., with the City of Fowler, Engineering Dept. at (559) 429-8669.
Funding Program ($ in millions)
Rev 8.28.24
172
Section 7, Item P.
Measure C Short-Range Regional Transportation Program | Project Funding Program – Project F - Exhibit C 2 2024/25 2025/26 2026/27 2027/28
Preliminary Engineering *1 2013/14 2023/24 $0.147 $0.000 $0.000 $0.000 $0.000 $0.147
FUNDING PROGRAM
Measure "C" Original Program $0.000
Measure "C" Extension $0.000
RTMF $0.000
STIP $0.000
TCRP $0.000
Local Development Fees $0.000
Federal Aid $0.123 $0.123
Other State (AHSC) $0.000
Other Local (Measure C Bikeways) $0.000
Other Local (Measure C Flexible) $0.024 $0.024
Other Local (Specify) $0.000
TOTAL FUNDING PHASE 1: $0.147 $0.000 $0.000 $0.000 $0.000 $0.147 2024/25 2025/26 2026/27 2027/28
Right-of-Way Acquisition *2 2013/14 2023/24 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000
FUNDING PROGRAM
Measure "C" Original Program $0.000
Measure "C" Extension $0.000
RTMF $0.000
STIP $0.000
TCRP $0.000
Local Development Fees $0.000
Federal Aid $0.000
Other State (AHSC) $0.000
Other Local (Measure C Bikeways) $0.000
Other Local (Specify) $0.000
Other Local (Specify) $0.000
TOTAL FUNDING PHASE 2: $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 2024/25 2025/26 2026/27 2027/28
Contruction *3 2013/14 2023/24 $0.000 $0.402 $0.000 $0.000 $0.000 $0.402
FUNDING PROGRAM
Measure "C" Original Program $0.402 $0.402
Measure "C" Extension $0.000
RTMF $0.000
STIP $0.000
TCRP $0.000
Local Development Fees $0.000
Federal Aid $0.438 $0.438
Other State (LPP) $0.000
Other Local (Measure C Trails) $0.000
Other Local (Specify) $0.000
Other Local (Specify) $0.000
TOTAL FUNDING PHASE 3: $0.438 $0.402 $0.000 $0.000 $0.000 $0.841 TOTAL FUNDING ALL PHASES: $0.586 $0.402 $0.000 $0.000 $0.000 $0.988 *1 Preliminary Engineering: Preliminary Design/Engineering (PS/E), Environmental *2 Right-of-Way Acquisition
TOTAL COST
& FUNDING
TOTAL COST
& FUNDING
NEW ALLOCATION
REGIONAL TRANSPORTATION PROGRAM FY 2024/25 - 2027/28
NEW ALLOCATION
REGIONAL TRANSPORTATION PROGRAM FY 2024/25 - 2027/28 PROJECT PHASE START YEAR
END
YEAR
PRIOR COST &
FUNDING
'2013/14-
2023/24
PROJECT PHASE START
YEAR
END
YEAR
PRIOR COST &
FUNDING
'2013/14-
2023/24
PRIOR COST &
FUNDING
'2013/14-
2023/24 TOTAL COST
& FUNDING
PROJECT PHASE START
YEAR
END
YEAR
REGIONAL TRANSPORTATION PROGRAM FY 2024/25 - 2027/28
NEW ALLOCATION
173
Section 7, Item P.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 16, 2024
FROM: THOMAS W. GAFFERY IV, Interim City Manager
SUBJECT: APPROVE Resolution No. 2734 adopting the salary classification schedule
EXECUTIVE SUMMARY
This action provides a market adjustment to classifications identified in Exhibit A to more closely reflect the local market. This action also creates the new classification of Personnel Manager/City Clerk.
BACKGROUND
The classification and compensation study conducted by Koff & Associates (C&C Study) was completed in August 2021. Since the completion of the C&C Study, the post-COVID labor market has continued to adjust. Compensation changes have occurred not only in the benchmark cities identified in the C&C Study, but also in other cities and market segments where the City competes. This action is necessary for employee retention and recruitment purposes.
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 PROCEREMENT PROCESS
These position change in compensation will result in a slight increase to be offset by savings from other currently vacant positions.
174
Section , Item 9A.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2734
- Exhibit A – Salary Classification Schedule
175
Section , Item 9A.
RESOLUTION NO. 2734
A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER
ADOPTING SALARY CLASSIFICATION SCHEDULE FOR ALL EMPLOYEES WHEREAS, Government Code Section 36506 requires the City Council, by resolution or ordinance, to fix the compensation for all appointive officers and employees of the city; and WHEREAS, the Salary Classification Schedule attached as Exhibit “A” to this Resolution has been reviewed and considered by the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler as follows:
1. The Salary Classification Schedule attached hereto as Exhibit “A” is adopted.
2. All prior resolutions concerning the compensation of the City employees that are in conflict with the Resolution or the attached Salary Classification Schedule are hereby repealed, and this resolution shall be effective July 16, 2024.
PASSED, APPROVED AND ADOPTED this 16th day of July 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
176
Section , Item 9A.
Effective 07/16/2024 Rev 07/12/2024
MONTHLY PAY
FULL TIME STEP STEP STEP STEP STEP
POSITION/CLASSIFICATION TITLE A B C D E
CITY MANAGER (interim, by contract) - - - - 12,390
ASSISTANT CITY MANAGER 10,704 11,238 11,801 12,390 13,010 PERSONNEL MANAGER/CITY CLERK 8,162 8,570 8,999 9,449 9,921 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 & ECONOMIC DEVELOPMENT DIRECTOR 8,784 9,223 9,684 10,169 10,677 FINANCE DIRECTOR 9,460 9,932 10,429 10,952 11,500
FIRE CHIEF 9,230 9,691 10,176 10,684 11,218
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) - - - - 13,238
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 9,460 9,932 10,429 10,952 11,500
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.
Denotes a reclassification
Denotes a market adjustment
SALARY CLASSIFICATIONS
FISCAL YEAR 2024-2025
177
Section , Item 9A.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: July 18, 2024
FROM: ERIC M. ROCHA, Public Works Director
SUBJECT: Actions pertaining to Water Tower agreement and visual identity:
i. APPROVE an Agreement for the Water Tower Rehabilitation Phase 2 Project in the amount of $199,836.00 to Cal Inc. and authorize the City Manager to negotiate and execute the Agreement.
ii. PROVIDE staff direction on visual identity outreach.
EXECUTIVE SUMMARY
The Water Tower Rehabilitation Phase 2 Project (Project) includes abatement of some hazardous materials, encapsulation of the tank and frame, safe disposal of any hazardous materials, and painting of the tank consistent with the City’s planned community outreach and visual identity plan. This action is based on the direction staff received at the January 16, 2024, City Council meeting.
BACKGROUND
In 2023, the City engaged Dewberry Architects to assess the City’s water tower for rehabilitation. Although it is no longer used as a part of the City’s water distribution system, it is an important community identifier. As a part of that assessment, the City learned the tower had potential for uplift of the water tower legs during a high wind event, existing coating of the tank and structure contain heavy metal contaminates, and corrosion at connections between the tank and the water tower legs. Phase 1 of the project is already underway and consists of the installation of concrete blocks to mitigate structural uplift.
The City recently sought bids on PlanetBids without success and subsequently engaged Cal Inc., one of three firms that submitted proposals. Each proposal offered unique methodologies and costs to preserve the landmark water tower. A comprehensive evaluation assessed these methods' adaptability, environmental compliance, and cost-effectiveness, revealing that complete removal or replica replacement would be more costly. Cal Inc.’s proposal stood out for its thorough, financially viable approach, detailing a comprehensive spectrum of rehabilitation activities. This selection underscores Fowler's commitment to preserving community identity while responsibly managing resources for future generations. 178
Section , Item 9B.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
Staff have performed a preliminary environmental assessment and have determined that the project is exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines because the project would result in the repair and improvement of an existing Cityowned water tank. CEQA Guidelines Section 15301 states that projects resulting in the repair or maintenance of existing publicly owned utility facilities are exempt from further environmental review under CEQA. The project would not result in any potential environmental impacts under CEQA. Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.
GENERAL PLAN CONSISTENCY
This action is consistent with the following General Plan Policies and Goals:
Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.
GOAL CDES-2
Fowler incorporates enhanced gateways and wayfinding systems for an improved sense of arrival and orientation for residents and visitors.
Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
Policy CDES-2
Enhance wayfinding opportunities within the planning area.
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-10
Improvements to older buildings in the downtown area and throughout the City should enhance rather than weaken the original character of such buildings.
Policy CDES-11
Protect and enhance the downtown area as a critical element of Fowler’s identity and smalltown character.
Goal ED-3b
Prioritize capital improvement projects that also support economic development goals. 179
Section , Item 9B.
Goal SAF-27a
Evaluate critical facilities for risk from seismic and geological hazards. Prioritize improvements based on level of expected risk.
FISCAL IMPACT AND PROCUREMENT PROCESS
The Project will be fully funded by American Rescue Plan (ARPA) funds. No City General Fund or Water Enterprise Fund monies will be used. This strategic use of federal resources aligns with ARPA's goals of supporting economic recovery and strengthening municipal infrastructure post-pandemic. By leveraging ARPA funds for this project, Fowler demonstrates fiscal responsibility while preserving and enhancing its historic infrastructure for future generations.
This award is subject to the California Public Contracts Code. It is consistent with the City’s Purchasing Policy (Council Resolution No. 2709), and Fowler Municipal Code 7-4.03. As the award amount is over $60,000, it is being brought for City Council consideration.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- CAL Inc. Agreement
- Revised Proposal
- Capabilities Statement
180
Section , Item 9B.
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 CAL Inc. ("Contractor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on July 18, 2024 ("Effective Date"), following approval by the City Council.
RECITALS
A. City desires to obtain construction services (“Work”) for completion of the public work described in Section 1 (“Project”), and as further set forth in Project (Water Tower Paint Stabilize and Encapsulation Project) and related documents (“Bid Package”) and 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 complete bid for the Project, including all required forms, bonds, certificates, and other documents (“Contractor’s Bid”), 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:
Water Tower Paint Stabilize and Encapsulation
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. The Bid Package, including any Addendum thereto, and Contractor’s Bid, shall be part of the Project Documents, which shall be part of this Agreement. If there is a conflict between the Project Documents and this Agreement, or any amendment to this Agreement, this Agreement and any amendment thereto shall control. No contractual terms and/or conditions found in Contractor’s Bid 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 advisable for the proper completion or construction of the Work, and the City reserves the right to require 181
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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 30 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 One Hundred and Ninety-Nine Thousand Eight Hundred Thirty-Six Dollars ($199,836) 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 the standard of care and skill customarily exercised by members of their profession, shall use reasonable 182
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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 B and C33. 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. Delay Damages. Time is of the essence with respect to this Agreement and the Work performed by Contractor. Contractor’s failure to timely complete the Work under this Agreement shall result in the assessment of delay damages at the rate of $100.00 per day for each calendar day the Project remains unfinished beyond the Completion Date or Work remains incomplete beyond any phase or milestone identified in the schedule as being subject to Delay Damages. The actual occurrence of damages and the actual amount of the damages which City would suffer for such delayed completion of the Project are impracticable and extremely difficult to calculate. Damages which City would suffer in the event of such delay include, but are not limited to, loss of the use of the other contractor’s work and the Project, disruption of activities, costs of administration and supervision, and the incalculable inconvenience and loss suffered by the public. Accordingly, the parties agree that the amount set forth herein shall be presumed to be the amount of damages which City shall directly incur for each calendar day that completion of the Project is delayed. 183
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13. Identity of Subcontractors. To the extent the following is not already included in Contractor’s Bid 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.
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 1775.5. 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 184
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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 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 185
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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 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 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 186
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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.
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 Consultant’s authority is attached as Exhibit B.
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.
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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 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: ______________________________ Rene Vargas, Project Manager Thomas Gaffery, Interim City Manager Date: __________________ Date: ______________________
Party Identification and Contact Information:
Contractor City of Fowler
Company Name: CAL Inc. Department Name: Public Works
Attn: Rene Vargas Attn: Eric Rocha
Title: Project Manager Title: Director of Public Works
2040 Peabody Rd., Suite 400 128 S. 5th Street
Vacaville, CA 95587 Fowler, CA 93625
[email protected] [email protected]
(707) 446-7996 (559) 834-3113
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ATTEST
_______________________________
Angela Vasquez, City Clerk
APPROVED AS TO FORM
_______________________________
Scott Cross, City Attorney
file:///J:\WDOCS\00601\037\AGT\00802705.DOC
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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 $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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, 190
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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. 191
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EXHIBIT B
SIGNING AUTHORITY
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Job #: 33697
Job Type: 01 Lead PW
DIR Determination N/A
Certified/SAD 140/ Davis Bacon: Certified - Prevailing
BID Expiration: 4/19/2024
Wage Type : Union - Laborers
Bid Position: Subcontractor
CAL INC PM: Rene Vargas
CAL INC PM PH#: Rene Vargas 707-689-7563
CAL INC PM Email: [email protected]
Fresno CAL INC Estimator: Rene Vargas
Bid Type: Lump sum Rene Vargas 707-689-7563
Mobilization: 10% CAL INC Estimator Email: [email protected] NONE REQUIRED CAL OSHA Lead (only)
Attention: City of Fowler Date:
Air Quality permits Required CAL OSHA Lead (only) NONE REQUIRED
PROPOSAL FOR CONTRACTING SERVICES
CAL INC Estimator PH#:
2040 Peabody Rd Vacaville, CA 95687 | (707) 446-7996 phone | (707) 446-4906 fax We are pleased to submit our proposal for the above referenced project to furnish Supervision, Labor, Material, Tools and Equipment to Abate or Construct in accordance with the general terms and conditions shown hereinafter.
Project Ref Name :
*Disposal (if applicable): Disposal cost provided is per drum/bin price or per estimated amount of drums/bins needed to complete scope. If additional bins/drums are required; additional fees will apply.
CAL INC is also a licensed hazardous waste hauler.
*If transport and disposal is included in CAL INC’s proposal, CAL INC will transport and dispose/recycle materials per regulations. All materials costs and values associated with all debris and recycled materials are the responsibility of CAL INC and included in the proposal. *No other work on any other plan sheet or documents are included in this bid. *No patch, repair, relocation or new work included in bid. *Bid does not include shoring, or engineering services. *Bid based on M-F normal business hours.
*Bid does not recognize any PLA or specific non asbestos union agreements. CAL -INC will not be held to agreements with others unless specifically signed for by CAL INC by job A 10% Mobilization fee will be charged on all work over $10,000.00 This is a non-negotiable charge Client :
Client Address:
City, State & Zip:
Client Contact :
Client Phone:
Client Email or Fax:
Site Address:
City, State, Zip:
3/20/2024
Pricing is based entirely upon the scope of work described below. Any changes to the scope or terms and conditions may result in price modifications.
GENERAL SCOPE OF WORK
County:
Permitting Required
Other permits Required
GENERAL DETAIL FOR SCOPE OF WORK
CAL INC shall provide necessary labor, equipment, and materials to complete Lead Paint Stabilization and Encapsulation.
Water Tower Tank and Frame: Includes ground containment out 20 feet or as feasible to catch paint chip debris. Area will be delineated and signs posted visible from all angles approaching work zone. Only Certified Lead Workers will enter regulated areas wearing proper PPE. Work to be performed following all state and federal regulations. Included are 4 frame legs, water tank, and attached components. All loose and flaking paint will be hand scraped to a hard edge. Debris will be cleaned up promptly to prevent from exiting work zone. Surface preparation will be done using hand means, wet methods and HEPA vacuums. Full work plan to be provided prior to work starting. CAL OSHA will be notified 24hrs prior to work start date.
Encapsulation: Tank and Frame will be prepared for encapsulation. Bare metal and rusted metal will be cleaned/spot primed with Zero Rust Industrial Primer 2 coats. Encapsulation includes 1 coat of (LBC Lead Barrier Coating) 75% tinted to finish color.
Transport and Disposal: CAL INC will manifest and haul up to 2- 55 gal drums of lead waste to an approved facility. Client to provide Generator Name, Address, EPA ID #, and Phone number. Manifest to be signed by Generator prior to waste leaving the site.
High Performance Acrylic: Tank and Frame shall receive 2 coats of SW Pro Industrial Acrylic Coating. Client to provide color and sheen. CAL INC recommends at least a semi-gloss finish, 1 color is included.
Area at base to be clear and accessible by manlift, ladder, or other. No other work out of this scope is included.
All work to be performed in 1 mobilization.
City of Fowler
231 S. 5th St.
Fowler CA 93625
[email protected]
559-834-3113 x121
Eric M. Rocha
Fowler CA
128 S. 5th St.
City of Fowler- Water Tower Lead
Paint Stabilize and Encapsulation
CAL INC Permits Required:
BID Expiration: 30 days from submittal date. Extension
may be granted upon request
Client Provided
Permits:
Special Notes
* If change order is requested, CAL INC requires a signed change order before work commences. If CAL INC does not receive an official change order, we will stop work until one is issued by a signed authorized representative of the company. *CAL INC will be pre-bill for insurances, notifications and permits at the time of filing. For purposes of this Bid the Term "BASE" refers to 2040 Peabody Rd Vacaville CA 95687