CITY COUNCIL MEETING
TUESDAY, DECEMBER 17, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
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Telephone Number: (253) 215-8782
Meeting ID: 823 9374 9238
Passcode: 524203
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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. 1 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
2A. CONSIDER approval of councilmember request(s) for remote teleconferencing under emergency circumstances
3. APPROVAL OF AGENDA
4. INVOCATION BY PASTOR JESUS VALENCIA FROM VISION CHURCH
5. PLEDGE OF ALLEGIANCE BY DOMINIC GIGLIOTTI, ARROW OF LIGHT RANK CUB SCOUT
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.
7A. RATIFY Pay Warrants for December 17, 2024
7B. APPROVE Minutes of the November 19, 2024 City Council Meeting 7C. APPROVE a three-year agreement, with two one-year extensions, in an amount not to exceed $715,499.00 with the Fresno County Sheriff’s Office to provide 9-1-1 dispatch services and authorize the Interim City Manager to execute the agreement 7D. APPROVE Resolution No. 2756 setting the regular City Council meeting schedule for calendar year 2025
7E. APPROVE a contract in the amount of $22,600 with Provost & Pritchard for Speed and Delay Studies for the City of Fowler
2 7F. ADOPT Resolution No. 2757 to approve revised City Standards 7G. ADOPT Ordinance 2024-05 adding Chapter 9.217 to Article 5 of Title 9 of the Fowler Municipal Code and amending Sections 9.120.030, 9.125.030, 9.130.030, 9.140.030,
9.240.070, and 9.240.140 regarding regulation of mobile food trucks in the City of Fowler
7H. APPROVE Amendment 1 to the Well No. 9 Drought Resiliency Project Agreement for a Time Extension and Authorize the Interim City Manager to Execute the Amendment 7I. APPROVE a First Amendment to the Professional Services Agreement with Provost & Pritchard Consulting Group for the New Water Well No. 9 Project in the amount of $44,300 for additional environmental document preparation 7J. APPROVE 2025 Community Events Calendar
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
City Clerk
9A. APPROVE Resolution No. 2758, A Resolution of the City Council of the City of Fowler Declaring Results of Municipal Election Held on November 9B. Installation of Councilmembers: City Clerk to administer Oath of Office to Karnig R.
Kazarian, Juan A. Mejia, and Daniel T. Parra
9C. Reorganization of City Council
i. Election of Mayor by City Council
ii. Election of Mayor Pro-Tem by City Council
9D. Recess
9E. APPOINT delegates to various boards, agencies, and commissions 1) Consolidated Mosquito Abatement District - Current delegate:
Hammer
2) Finance Committee - Current delegates: Hammer, Parra 3) Five Cities Economic Development Authority - Current delegate:
Kazarian, alternate: Mejia
4) Fowler Recreation Commission - Current delegate: Mejia, alternate: Gill
5) Friends of Fowler Library - Current delegate: Gill, alternate:
Hammer
6) Fresno County Council of Government (COG) - Current
3 delegate: Parra, alternate: Mejia
7) SJV Air Pollution Control District Committee - Current delegate:
Gill, alternate: Hammer
8) Selma-Kingsburg-Fowler Sanitation District (SKF) - Current delegate: Mejia, alternate: Parra
9) South Kings Ground Water Sustainability Agency - Current delegate: Kazarian, alternate: Mejia
10) Southeast Regional Solid Waste Commission - Current delegate: Gill, alternate: Hammer
11) Veteran's Day Event - Now overseen by Recreation Commission Planning
9F. INTRODUCTION of Ordinance 2024-06 amending Article 5 of Title 9 of the Fowler Municipal Code adding Chapter 9.216 and amending Sections 9.120.030, 9.125.030,
9.160.080, 9.175.040, 9.240.060, 9.240.070, and 9.240.130 regarding regulations relating to housing
Police Department
9G. APPROVE a Second Amendment in the amount of $249,839 to the agreement with Dewberry Architects, Inc., for a total amount of $930,215, for design, bidding and construction support costs for the David T. Cardenas Police Headquarters and Senior Center and authorize the Interim City Manager to execute the amendment
10. STAFF COMMUNICATIONS
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
Four potential cases
13. RECONVENE INTO OPEN SESSION AND REPORT ACTION
14. ADJOURN
Next Ordinance No. 2024-07
Next Resolution No. 2759
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, December 13, 2024.
Angela Vasquez, CPMC
City Clerk
4 CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 43783-43933 November 13 thru December 10 572,410.19 $ TOTAL ACCOUNTS PAYABLE CHECKS 572,410.19 $
PAYROLL COSTS
First November Bi-Monthly Payroll November 15, 2024 152,116.31 $ Second November Bi-Monthly Payroll November 30, 2024 122,089.85 $ TOTAL PAYROLL COSTS 274,206.16 $
TOTAL CASH DISBURSEMENTS 846,616.35 $
NOTE:
Check #43797 Void Check
Check #43798 Void Check
Check #43806 Void Check
Check #43901 Void Check
Check #43904 Void Check
Check #43926 Void Check
CITY OF FOWLER
WARRANTS LIST
December 17, 2024
5 Section 7, Item 7A.
SUPERION PAGE NUMBER: 1
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43783 11/13/24 11689 A & C TIRE SERVICE 6260 5205 FLEET-PARKS 0.00 65.26 1001 43783 11/13/24 11689 A & C TIRE SERVICE 6200 5205 FLEET-ST 0.00 65.26 TOTAL CHECK 0.00 130.52
1001 43784 11/13/24 10007 ALERT-O-LITE, INC 6400 5121 SUPPLIES-REC 0.00 154.40 1001 43784 11/13/24 10007 ALERT-O-LITE, INC 6200 5182 BARRICADE RENTAL-ST 0.00 297.96 TOTAL CHECK 0.00 452.36
1001 43785 11/13/24 14519 AMAZON CAPITAL SERV 6025 5110 SUPPLIES-CLERK 0.00 20.17 1001 43785 11/13/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 27.10 1001 43785 11/13/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 38.02 1001 43785 11/13/24 14519 AMAZON CAPITAL SERV 6010 5110 SUPPLIES-COUNCIL 0.00 49.81 1001 43785 11/13/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 51.07 TOTAL CHECK 0.00 186.17
1001 43787 11/13/24 10026 BCT CONSULTING 6170 5230 VOIP NOV24 0.00 963.73 1001 43787 11/13/24 10026 BCT CONSULTING 6170 5230 NETWORK SVC NOV24 0.00 2,564.12 1001 43787 11/13/24 10026 BCT CONSULTING 6170 5230 DESKTOP SVC NOV24 0.00 3,319.00 TOTAL CHECK 0.00 6,846.85
1001 43788 11/13/24 12196 BELMONT NURSERY 6200 5121 LANDSCAPE-ST 0.00 632.30 1001 43789 11/13/24 10024 BSK ASSOCIATES 6200 5202 MERCED ST BANNER PO 0.00 1,100.00 1001 43790 11/13/24 10025 BUFORD OIL COMPANY 6120 5210 CFN LEADFREE 0.00 719.27 1001 43794 11/13/24 14702 DAVE'S AUTO SERVICE 6200 5205 SVC F150-ST 0.00 480.56 1001 43795 11/13/24 14993 DAVIS EQUIPMENT INC 6260 5205 SUPPLIES-PARKS 0.00 310.97 1001 43795 11/13/24 14993 DAVIS EQUIPMENT INC 6200 5205 SUPPLIES-ST 0.00 310.97 TOTAL CHECK 0.00 621.94
1001 43796 11/13/24 10113 FOWLER ACE HARDWARE 6120 5121 SUPPLIES-PD 0.00 35.21 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 -434.83 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 -25.50 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1.02 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 3.81 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 4.35 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 5.17 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 5.44 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.07 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.27 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.71 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5110 SUPPLIES-ST 0.00 8.71 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.71 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.79 6 Section 7, Item 7A.
SUPERION PAGE NUMBER: 2
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.45 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.89 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 11.97 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 13.07 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 13.07 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 14.16 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 14.16 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 16.43 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.42 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 18.07 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 18.70 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 18.72 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 22.83 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 24.61 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 27.23 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 28.97 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 29.41 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 30.02 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 30.49 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 32.68 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 32.68 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 34.86 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 37.04 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 44.65 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 62.01 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 63.19 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 64.28 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 77.19 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 87.17 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 88.70 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 92.74 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 130.75 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 134.00 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 156.88 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 434.83 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 490.40 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 630.79 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 734.49 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1,288.99 TOTAL CHECK 0.00 4,731.36
1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 4.34 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 5.00 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 5.00 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.39 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.62 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 8.27 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 9.12 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 9.36 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 10.44 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 11.53 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 13.07 7 Section 7, Item 7A.
SUPERION PAGE NUMBER: 3
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 13.07 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 14.16 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 14.36 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 16.29 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 18.50 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 20.14 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 20.89 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 23.39 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 26.14 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 29.41 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 31.56 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 32.68 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 36.94 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 38.13 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 40.30 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 43.09 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 43.58 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 43.58 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 51.18 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 53.35 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 53.56 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 58.19 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 62.10 1001 43802 11/13/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 88.42 TOTAL CHECK 0.00 964.15
1001 43803 11/13/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 13.70 1001 43804 11/13/24 11244 FRESNO COUNTY PUBLI 6700 5105 FOOD FACILITY-SN CT 0.00 430.00 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 553.66 1001 43805 11/13/24 10126 FRESNO COUNTY TAX C 6020 5110 PROP TAX 24/25 0.00 830.50 TOTAL CHECK 0.00 5,259.78
1001 43806 11/13/24 15131 HAVEN LIGHTNING, IN 6200 5710 MERCED ST. SCAPE 0.00 9,790.10 1001 43806 V 11/13/24 15131 HAVEN LIGHTNING, IN 6200 5710 MERCED ST. SCAPE 0.00 -9,790.10 TOTAL CHECK 0.00 0.00
1001 43807 11/13/24 14749 HOFFMAN SECURITY 6170 5160 ACCESS NOV24-SN CTR 0.00 55.00 1001 43807 11/13/24 14749 HOFFMAN SECURITY 6170 5160 SEC SVCNOV24-CITYHA 0.00 97.00 1001 43807 11/13/24 14749 HOFFMAN SECURITY 6170 5160 SEC SVC NOV24-SN CT 0.00 275.00 TOTAL CHECK 0.00 427.00
1001 43808 11/13/24 14238 INFOSEND, INC 6400 5110 TRUNK TREAT FLYER 0.00 279.05 8 Section 7, Item 7A.
SUPERION PAGE NUMBER: 4
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43809 11/13/24 15061 JB ELECTRIC 6260 5710 ELECTRIC REPAIR-PAR 0.00 600.00 1001 43811 11/13/24 10779 NAPA AUTO PARTS 6200 5205 PARTS FLEET-ST 0.00 8.34 1001 43813 11/13/24 13655 PROVOST & PRITCHARD 6150 5220 SPR 24-22 0.00 723.68 1001 43814 11/13/24 14479 RG POWER 6260 5200 SUPPLIES-PARKS 0.00 308.06 1001 43815 11/13/24 15004 RODENT PATROL AG SE 6260 5203 PEST CONTROL JUL24 0.00 990.00 1001 43817 11/13/24 12918 SELMA AUTO MALL 6120 5205 VEHICLE RPR #45-PD 0.00 600.00 1001 43818 11/13/24 13355 SITE ONE LANDSCAPE 6200 5202 MAINTENANCE-ST 0.00 220.24 1001 43819 11/13/24 14996 SUNRUN INSTALLATION 100 3103 BLDNG PERMIT FEES 0.00 100.00 1001 43820 11/13/24 12791 THE MOWERS EDGE 6200 5715 SUPPLIES-ST 0.00 144.91 1001 43820 11/13/24 12791 THE MOWERS EDGE 6260 5715 EQUIP MOWER-PARKS 0.00 4,267.78 1001 43820 11/13/24 12791 THE MOWERS EDGE 6200 5715 EQUIP MOWER-ST 0.00 8,535.56 1001 43820 11/13/24 12791 THE MOWERS EDGE 6260 5203 TRIMMER LINE-PARKS 0.00 151.60 TOTAL CHECK 0.00 13,099.85
1001 43821 11/13/24 14928 THE RANGE PISTOL CL 6120 5300 FIREARM TRNG-PD 0.00 590.00 1001 43821 11/13/24 14928 THE RANGE PISTOL CL 6120 5300 POST RANGE TRNG-PD 0.00 1,180.00 TOTAL CHECK 0.00 1,770.00
1001 43823 11/13/24 14535 THOMAS GAFFERY 6150 5300 REIMB-CCMF-GAFFERY 0.00 339.58 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 8.29 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 64.99 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 72.04 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 80.68 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 87.59 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 89.83 TOTAL CHECK 0.00 403.42
1001 43825 11/13/24 10725 VERIZON WIRELESS 6170 5160 CELLPHN SEP/OCT24-D 0.00 176.23 1001 43826 11/13/24 15064 WINTERGREEN CORPORA 6400 5715 29 GIANT EVEREST CO 0.00 28,883.53 1001 43831 11/21/24 11689 A & C TIRE SERVICE 6260 5205 FLEET TRAILER-PARKS 0.00 210.00 1001 43831 11/21/24 11689 A & C TIRE SERVICE 6160 5205 FLEET 06 GMC-BLDNG 0.00 781.93 TOTAL CHECK 0.00 991.93
1001 43832 11/21/24 15137 AILEEN ZEPEDA 6150 5300 TRAVEL-REIM-ZEPEDA 0.00 549.49 1001 43833 11/21/24 14519 AMAZON CAPITAL SERV 6120 5121 SUPPLIES-PD 0.00 6.53 1001 43833 11/21/24 14519 AMAZON CAPITAL SERV 6200 5195 SUPPLIES-ST 0.00 76.68 1001 43833 11/21/24 14519 AMAZON CAPITAL SERV 6200 5195 SUPPLIES-ST 0.00 138.64 1001 43833 11/21/24 14519 AMAZON CAPITAL SERV 6200 5195 SUPPLIES-ST 0.00 561.22 TOTAL CHECK 0.00 783.07
9 Section 7, Item 7A.
SUPERION PAGE NUMBER: 5
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43834 11/21/24 15119 BOB MURRAY & ASSOCI 6020 5220 C.M. RECRUITMENT 0.00 10,231.94 1001 43835 11/21/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-ORD NO. 24-05 0.00 487.50 1001 43837 11/21/24 10358 CITY OF FRESNO STRE 6200 5220 TRAF SIGNAL JAN-MAR 0.00 4,421.26 1001 43838 11/21/24 12654 COMCAST 6170 5160 INTERNET OCT24-PD 0.00 737.35 1001 43839 11/21/24 14512 CSG CONSULTANTS 6160 5225 FIRE PLAN CHECK OCT 0.00 393.00 1001 43839 11/21/24 14512 CSG CONSULTANTS 6160 5225 PLAN CHECK OCT24 0.00 2,491.83 TOTAL CHECK 0.00 2,884.83
1001 43840 11/21/24 10104 FPOA 100 2045 EMP DED 11/15/24 0.00 200.00 1001 43841 11/21/24 12466 FRESNO EOC 6700 5105 MEALS OCT24-SN CTR 0.00 1,828.41 1001 43842 11/21/24 15134 GREENCAT, INC. 100 3103 BUILD PERMIT REFUND 0.00 259.50 1001 43843 11/21/24 10145 HINDERLITER, DELLAM 6030 5220 CONT SVC OCT-DEC24 0.00 975.00 1001 43843 11/21/24 10145 HINDERLITER, DELLAM 6030 5220 AUDIT SVC OCT-DEC24 0.00 6,633.37 TOTAL CHECK 0.00 7,608.37
1001 43845 11/21/24 12524 KENT M KAWAGOE, PH. 6025 5115 PROF SVC OCT24-PD 0.00 325.00 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 47.00 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 164.50 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 235.00 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 258.50 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 334.25 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 634.50 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 681.50 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 1,460.30 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 1,505.42 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 2,367.79 1001 43846 11/21/24 10194 LOZANO SMITH 6060 5620 LEGAL SERVICES OCT2 0.00 5,181.05 TOTAL CHECK 0.00 12,869.81
1001 43847 11/21/24 10885 NELSONS POWER CENTE 6260 5195 SUPPLIES-PARKS 0.00 21.67 1001 43847 11/21/24 10885 NELSONS POWER CENTE 6260 5195 SUPPLIES-PARKS 0.00 82.42 1001 43847 11/21/24 10885 NELSONS POWER CENTE 6200 5195 SUPPLIES-ST 0.00 260.29 TOTAL CHECK 0.00 364.38
1001 43848 11/21/24 14843 O'REILLY AUTO PARTS 6200 5205 SUPPLIES-ST 0.00 180.70 1001 43849 11/21/24 10237 P G & E - SACRAMENT 6200 5170 WALTER/FRES 11/13/2 0.00 15.72 1001 43849 11/21/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5834 11/13/24 0.00 64.76 1001 43849 11/21/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5212 11/13/24 0.00 136.16 1001 43849 11/21/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/TEMP 11/13/24 0.00 213.29 1001 43849 11/21/24 10237 P G & E - SACRAMENT 6200 5170 SOUTH&SUNNY 11/13/2 0.00 223.55 TOTAL CHECK 0.00 653.48
1001 43850 11/21/24 11071 PAPE MACHINERY ACCT 6200 5205 FLEET-ST 0.00 62.53 10 Section 7, Item 7A.
SUPERION PAGE NUMBER: 6
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43850 11/21/24 11071 PAPE MACHINERY ACCT 6200 5205 FLEET-ST 0.00 233.60 1001 43850 11/21/24 11071 PAPE MACHINERY ACCT 6200 5205 FLEET-ST 0.00 1,156.05 TOTAL CHECK 0.00 1,452.18
1001 43852 11/21/24 14433 PRICE PAIGE & COMPA 6030 5220 AUDIT 23-24 0.00 2,273.00 1001 43853 11/21/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 55.26 1001 43854 11/21/24 10085 STATE OF CA DEPARTM 6120 5220 PRINTS APPS OCT24-P 0.00 81.00 1001 43854 11/21/24 10085 STATE OF CA DEPARTM 6120 5310 ANALYSIS OCT24-PD 0.00 280.00 TOTAL CHECK 0.00 361.00
1001 43855 11/21/24 10763 SUNBELT RENTALS 6200 5182 MANLIFT RENTAL 0.00 317.64 1001 43855 11/21/24 10763 SUNBELT RENTALS 6260 5182 SOLAR LIGHT TOWER 0.00 806.80 1001 43855 11/21/24 10763 SUNBELT RENTALS 6200 5182 SCISSOR LIFT RENTAL 0.00 1,052.56 TOTAL CHECK 0.00 2,177.00
1001 43856 11/21/24 14996 SUNRUN INSTALLATION 100 3103 BLDNG PERMIT FEES R 0.00 1,025.10 1001 43857 11/21/24 14787 TOOLE DESIGN GROUP 6020 5220 VISUAL IDENTITY 0.00 2,735.00 1001 43858 11/21/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 70.82 1001 43858 11/21/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 71.93 TOTAL CHECK 0.00 142.75
1001 43863 11/26/24 11689 A & C TIRE SERVICE 6160 5205 TIRES 06 GMC-BLDNG 0.00 960.66 1001 43865 11/26/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 25.05 1001 43865 11/26/24 14519 AMAZON CAPITAL SERV 6120 5100 SUPPLIES-PD 0.00 38.13 1001 43865 11/26/24 14519 AMAZON CAPITAL SERV 6020 5100 SUPPLIES-ADMIN 0.00 127.20 1001 43865 11/26/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 250.63 TOTAL CHECK 0.00 441.01
1001 43866 11/26/24 14898 ANGEL ARMOR, LLC 6025 5115 BULLET VESTS-PD 0.00 675.65 1001 43867 11/26/24 10549 AT&T MOBILITY 6170 5160 INTERSTAT11/5-12/4- 0.00 2,378.37 1001 43868 11/26/24 15088 AT&T MOBILITY 6170 5160 FIRSTNET10/12-11/11 0.00 1,101.52 1001 43869 11/26/24 13849 AXON ENTERPRISE INC 6025 5115 CAMERAS/PLAN-PD 0.00 5,878.78 1001 43870 11/26/24 14782 BEN YEAGER 6400 5110 XMAS SANTA MERCED-R 0.00 250.00 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 OIL CHANGE #30-PD 0.00 114.52 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 OIL CHANGE #15-PD 0.00 204.94 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 BRAKES #80-PD 0.00 268.66 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 BATTERY #50-PD 0.00 286.34 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 BRAKES #40-PD 0.00 397.41 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 BRAKES/OIL #75-PD 0.00 434.34 1001 43871 11/26/24 14702 DAVE'S AUTO SERVICE 6120 5205 SPARK PLUGS #80-PD 0.00 526.85 TOTAL CHECK 0.00 2,233.06
11 Section 7, Item 7A.
SUPERION PAGE NUMBER: 7
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43872 11/26/24 14243 FOWLER ACE HARDWARE 6120 5100 SUPPLIES-PD 0.00 21.79 1001 43875 11/26/24 11022 JP COOKE CO 6270 5110 DOG LICENSE 2025 0.00 98.60 1001 43877 11/26/24 14477 MAS ENTERTAINMENT 6400 5110 XMAS BAND MERCED-RE 0.00 1,050.00 1001 43878 11/26/24 10201 METRO UNIFORM & ACC 6120 5086 UNIFORM-REID-PD 0.00 94.75 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 127 S. 6TH 11/7/24 0.00 0.02 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6080 5170 128 S. 5H 11/7/24 0.00 3.63 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 11/7/24 0.00 7.20 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 1291 W. SOUTH 11/7/ 0.00 9.53 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/7TH 11/7/24 0.00 9.53 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/6TH 11/7/24 0.00 9.53 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 11/7/24 0.00 13.44 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6080 5170 128 S. 5TH 11/7/24 0.00 16.58 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 7TH/TULARE 11/7/24 0.00 23.82 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6080 5170 MAIN/5TH 11/7/24 0.00 25.46 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 420 E MERCED 11/7/2 0.00 40.04 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 11/7/2 0.00 51.28 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6260 5170 9TH/MERCED 11/7/24 0.00 90.05 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 2831 E MANN 11/7/24 0.00 94.18 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 212 E MERCED 11/7/2 0.00 114.10 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 4218 GLDNSTAT 11/7/ 0.00 140.77 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 GLDNST B 11/7/24 0.00 152.02 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6260 5170 500 E MERCED 11/7/2 0.00 405.61 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 11/7/24 0.00 731.61 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6200 5170 RETRO FIT LOAN 0.00 941.28 1001 43879 11/26/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 11/7/2 0.00 1,130.23 TOTAL CHECK 0.00 4,009.91
1001 43881 11/26/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 43.50 1001 43882 11/26/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 8.29 1001 43882 11/26/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 68.31 1001 43882 11/26/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 84.72 1001 43882 11/26/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 87.59 TOTAL CHECK 0.00 248.91
1001 43883 11/26/24 14259 VISUAL EDGE IT INC 6170 5180 COPY SVC 11/23-12/2 0.00 551.77 1001 43884 11/26/24 14830 WILLDAN GROUP INC 6160 5225 INSPECTION OCT24 0.00 2,280.00 1001 43887 12/04/24 14813 24/7 PET VET 6270 5220 ANIMAL CARE NOV24 0.00 950.40 1001 43888 12/04/24 15013 ADVANCED PEST WIPEO 6020 5185 PEST CONTROL 11/22/ 0.00 90.00 1001 43888 12/04/24 15013 ADVANCED PEST WIPEO 6130 5185 PEST CONTROL 11/22/ 0.00 95.00 TOTAL CHECK 0.00 185.00
1001 43889 12/04/24 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES-ST 0.00 217.05 1001 43889 12/04/24 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES-ST 0.00 307.48 TOTAL CHECK 0.00 524.53
12 Section 7, Item 7A.
SUPERION PAGE NUMBER: 8
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6120 5121 SUPPLIES-PD 0.00 6.89 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6120 5121 SUPPLIES-PD 0.00 50.24 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 56.87 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 59.39 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 64.26 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 219.64 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 6400 5110 SUPPLIES-REC 0.00 281.35 TOTAL CHECK 0.00 738.64
1001 43891 12/04/24 14576 ANGELA VASQUEZ 6025 5260 TRAVEL-ADV-VASQUEZ 0.00 757.26 1001 43893 12/04/24 10026 BCT CONSULTING 6170 5230 VOIP DEC24-IT 0.00 963.73 1001 43893 12/04/24 10026 BCT CONSULTING 6170 5230 NETWORK SVC SEP24-I 0.00 2,243.32 1001 43893 12/04/24 10026 BCT CONSULTING 6170 5230 NETWORK SVC DEC24-I 0.00 2,564.12 1001 43893 12/04/24 10026 BCT CONSULTING 6170 5230 DESKTOP SVC DEC24-I 0.00 3,319.00 TOTAL CHECK 0.00 9,090.17
1001 43894 12/04/24 10506 CALMAT CO DBA VULCA 6200 5195 ASPHALT-ST 0.00 326.66 1001 43895 12/04/24 10108 CENTERPOINT DISTRIC 6020 5250 Q2 OCT-DEC24 0.00 778.62 1001 43897 12/04/24 10064 COLONIAL LIFE INSUR 100 2042 EMP DED NOV24 0.00 47.42 1001 43898 12/04/24 12300 COOKS COMMUNICATION 6120 5205 VEH REPAIR SRO-PD 0.00 133.09 1001 43898 12/04/24 12300 COOKS COMMUNICATION 6120 5205 VEH REPAIR #25-PD 0.00 2,046.38 TOTAL CHECK 0.00 2,179.47
1001 43900 12/04/24 14188 DATA TICKET 6120 5230 SVC OCT24-PD 0.00 95.00 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1.09 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 2.17 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 2.94 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.52 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.70 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 9.34 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 9.80 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 9.80 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.89 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 10.89 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 11.38 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIESS-ST 0.00 12.58 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 14.16 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 16.34 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.42 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.43 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 19.61 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5110 SUPPLIES-ST 0.00 20.25 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 21.79 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 22.85 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 26.34 13 Section 7, Item 7A.
SUPERION PAGE NUMBER: 9
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 29.40 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 31.59 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 34.40 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5110 SUPPLIES-ST 0.00 36.38 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 40.94 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 44.29 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 49.01 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 61.92 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 69.18 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 81.27 1001 43902 12/04/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 107.89 TOTAL CHECK 0.00 865.09
1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 1.11 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 2.16 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 4.35 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 5.10 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 5.86 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.18 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.62 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.62 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 8.27 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 10.44 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 13.07 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 16.98 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 16.98 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 17.40 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 18.07 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 20.70 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 23.67 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 28.08 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 28.96 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 30.47 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIESS-PARKS 0.00 32.69 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 43.54 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 47.93 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 48.11 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 49.03 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 70.56 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 180.24 1001 43905 12/04/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 334.83 TOTAL CHECK 0.00 1,081.02
1001 43906 12/04/24 10104 FPOA 100 2045 EMP DED 11/30/24 0.00 200.00 1001 43907 12/04/24 10475 FRESNO COUNTY GRAPH 6010 5110 EMP APP DINNER OCT2 0.00 109.40 1001 43907 12/04/24 10475 FRESNO COUNTY GRAPH 6010 5110 EMP APP DINNER OCT2 0.00 123.43 TOTAL CHECK 0.00 232.83
1001 43909 12/04/24 14671 HERO ALLIANCE 6400 5110 CHARACTERS XMAS DEC 0.00 500.00 1001 43910 12/04/24 14749 HOFFMAN SECURITY 6170 5160 SECURITY SVC DEC24 0.00 97.00 14 Section 7, Item 7A.
SUPERION PAGE NUMBER: 10
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43910 12/04/24 14749 HOFFMAN SECURITY 6170 5160 ACCESS SVC DEC24 0.00 454.00 TOTAL CHECK 0.00 551.00
1001 43912 12/04/24 15061 JB ELECTRIC 6020 5190 ELECTRIC REPAIR-ADM 0.00 290.00 1001 43912 12/04/24 15061 JB ELECTRIC 6200 5710 BANNER POLE ELECT-S 0.00 950.00 TOTAL CHECK 0.00 1,240.00
1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6030 5084 HEALTH BENEFIT NOV2 0.00 339.14 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6200 5084 HEALTH BENEFIT NOV2 0.00 850.38 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6700 5084 HEALTH BENEFIT NOV2 0.00 867.86 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6025 5084 HEALTH BENEFIT NOV2 0.00 986.69 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6150 5084 HEALTH BENEFIT NOV2 0.00 1,018.44 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6400 5084 HEALTH BENEFIT NOV2 0.00 1,093.97 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 100 2041 HEALTH BENEFIT NOV2 0.00 1,130.00 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6020 5084 HEALTH BENEFIT NOV2 0.00 1,633.20 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6260 5084 HEALTH BENEFIT NOV2 0.00 1,750.74 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6160 5084 HEALTH BENEFIT NOV2 0.00 1,971.34 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6220 5084 HEALTH BENEFIT NOV2 0.00 1,998.37 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 6120 5084 HEALTH BENEFIT NOV2 0.00 9,133.96 TOTAL CHECK 0.00 22,774.09
1001 43915 12/04/24 14428 NAVIA BENEFIT SOLUT 6020 5220 COBRA NOV24 0.00 200.00 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 11/13/ 0.00 66.60 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6150 5170 122 S 5TH A 11/20/2 0.00 73.04 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 3079 MANN 11/18/24 0.00 100.46 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 TR5041 11/13/24 0.00 116.94 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 630 W FRESNO 11/19/ 0.00 552.42 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-A 11/13/24 0.00 804.62 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 11/13/ 0.00 1,012.77 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-E HWY LT 11/13/ 0.00 1,117.24 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 11/13/ 0.00 1,564.86 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 SUMER&MOGNOLA11/13/ 0.00 6.40 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 429 E MERCED 11/20/ 0.00 7.14 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 11/13/ 0.00 11.33 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 SUMNER/HW99 11/13/2 0.00 12.81 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-E HWY LT 11/13/ 0.00 12.95 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 TSFR 3LTS 11/13/24 0.00 13.71 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 8TH/VINE 11/13/24 0.00 17.17 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-A HWY LT 11/13/ 0.00 20.78 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/DEEAN 11/13/2 0.00 21.00 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 TR5090 11/13/24 0.00 30.74 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6130 5170 220 E. MAIN 11/20/2 0.00 40.33 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 TEMP/PARL 11/13/24 0.00 44.83 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 11/13/ 0.00 44.83 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 11/13/ 0.00 48.06 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 GLDST/VLY DR 11/13/ 0.00 211.66 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 CLAYTON/ARMST11/13/ 0.00 266.52 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-C HWY 11/13/24 0.00 339.30 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 11/13/ 0.00 412.97 1001 43917 12/04/24 10237 P G & E - SACRAMENT 6200 5170 T5088 11/13/24 0.00 145.28 TOTAL CHECK 0.00 7,116.76
15 Section 7, Item 7A.
SUPERION PAGE NUMBER: 11
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6200 5510 ON CALL ENG 2025 0.00 22,397.46 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 24-24 0.00 141.60 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG CLAYTON 0.00 190.00 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG/FB UNWIRED 0.00 285.00 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 24-015 0.00 329.76 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-171 0.00 361.00 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-49 0.00 665.00 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP22-108 0.00 760.00 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG FM 0.00 765.02 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 23-15 0.00 876.90 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 24-27 0.00 2,093.00 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 24-28 0.00 2,342.20 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 TM24-31 0.00 2,735.40 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5510 ENG CON MARSH ESTII 0.00 2,833.16 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6200 5510 ENCROACHMENT PERMIT 0.00 5,230.76 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 6150 5220 TM22-0047 0.00 5,508.50 TOTAL CHECK 0.00 47,514.76
1001 43920 12/04/24 14550 SANGER FENCE CO 6200 5190 FENCE REPAIR-ST 0.00 297.00 1001 43921 12/04/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 43.50 1001 43921 12/04/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 522.31 1001 43921 12/04/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 657.90 1001 43921 12/04/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 1,130.74 TOTAL CHECK 0.00 2,354.45
1001 43922 12/04/24 14358 SPARKLETTS 6020 5121 WTR SVC OCT24-ADMIN 0.00 123.36 1001 43922 12/04/24 14358 SPARKLETTS 6120 5121 WTR SVC OCT24-PD 0.00 123.37 TOTAL CHECK 0.00 246.73
1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6700 5084 DENTAL BENEFIT NOV2 0.00 33.52 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6400 5084 DENTAL BENEFIT NOV2 0.00 40.22 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6150 5084 DENTAL BENEFIT NOV2 0.00 49.67 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6025 5084 DENTAL BENEFIT NOV2 0.00 64.28 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6220 5084 DENTAL BENEFIT NOV2 0.00 70.47 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6030 5084 DENTAL BENEFIT NOV2 0.00 87.23 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6020 5084 DENTAL BENEFIT NOV2 0.00 92.81 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6160 5084 DENTAL BENEFIT NOV2 0.00 152.56 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6200 5084 DENTAL BENEFIT NOV2 0.00 245.34 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6260 5084 DENTAL BENEFIT NOV2 0.00 379.37 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 100 2046 DENTAL BENEFIT NOV2 0.00 587.96 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 6120 5084 DENTAL BENEFIT NOV2 0.00 943.23 TOTAL CHECK 0.00 2,746.66
1001 43924 12/04/24 10763 SUNBELT RENTALS 6200 5182 SOLAR LIGHT TOWER-S 0.00 539.87 1001 43924 12/04/24 10763 SUNBELT RENTALS 6400 5182 SOLAR LIGHT TOWER-R 0.00 806.80 TOTAL CHECK 0.00 1,346.67
1001 43925 12/04/24 15083 THE CHLORINATOR POO 6260 5203 FOUNTAIN SVC NOV24 0.00 250.00 1001 43926 12/04/24 14787 TOOLE DESIGN GROUP 6020 5220 VISUAL IDENTITY 0.00 4,595.00 16 Section 7, Item 7A.
SUPERION PAGE NUMBER: 12
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43926 V 12/04/24 14787 TOOLE DESIGN GROUP 6020 5220 VISUAL IDENTITY 0.00 -4,595.00 TOTAL CHECK 0.00 0.00
1001 43927 12/04/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 80.68 1001 43927 12/04/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 89.83 TOTAL CHECK 0.00 170.51
1001 43928 12/04/24 10725 VERIZON WIRELESS 6170 5160 PHONES OCT-NOV24-FI 0.00 136.72 1001 43928 12/04/24 10725 VERIZON WIRELESS 6170 5160 PHONES OCT-NOV24-PW 0.00 418.06 TOTAL CHECK 0.00 554.78
1001 43929 12/04/24 11335 VISION SERVICE PLAN 6700 5084 VISION BENIFIT NOV2 0.00 9.85 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6400 5084 VISION BENIFIT NOV2 0.00 11.82 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6150 5084 VISION BENIFIT NOV2 0.00 13.78 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6025 5084 VISION BENIFIT NOV2 0.00 17.73 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6220 5084 VISION BENIFIT NOV2 0.00 19.69 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6030 5084 VISION BENIFIT NOV2 0.00 24.60 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6020 5084 VISION BENIFIT NOV2 0.00 27.56 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6160 5084 VISION BENIFIT NOV2 0.00 45.27 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6200 5084 VISION BENIFIT NOV2 0.00 52.39 1001 43929 12/04/24 11335 VISION SERVICE PLAN 100 2048 VISION BENIFIT NOV2 0.00 107.20 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6260 5084 VISION BENIFIT NOV2 0.00 131.11 1001 43929 12/04/24 11335 VISION SERVICE PLAN 6120 5084 VISION BENIFIT NOV2 0.00 275.70 TOTAL CHECK 0.00 736.70
1001 43930 12/04/24 14290 XEROX FINANCIAL SER 6170 5180 LEASE NOV24-IT 0.00 1,515.43 1001 43933 12/05/24 14776 ELISSA'S PONY EXPRE 6400 5110 TRAIN&PONY RIDES-RE 0.00 3,000.00 TOTAL CASH ACCOUNT 0.00 260,617.39
TOTAL FUND 0.00 260,617.39
17 Section 7, Item 7A.
SUPERION PAGE NUMBER: 13
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 200 - UTILITY USERS TAX
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43836 11/21/24 15133 CALIFORNIA ENERGY C 2030 5805 SOLAR INT PMT DEC24 0.00 3,358.29 1001 43836 11/21/24 15133 CALIFORNIA ENERGY C 2030 5804 SOLAR PRIN PMT DEC2 0.00 10,383.34 TOTAL CHECK 0.00 13,741.63
TOTAL CASH ACCOUNT 0.00 13,741.63
TOTAL FUND 0.00 13,741.63
18 Section 7, Item 7A.
SUPERION PAGE NUMBER: 14
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 201 - DISTRICT SALES TAX
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43859 11/21/24 10441 PROFORCE LAW ENFORC 2010 5715 CREDIT-PD 0.00 -2,139.89 1001 43859 11/21/24 10441 PROFORCE LAW ENFORC 2010 5715 EQUIPMENT-PD 0.00 5,560.23 1001 43859 11/21/24 10441 PROFORCE LAW ENFORC 2010 5715 EQUIPMENT-PD 0.00 7,186.19 1001 43859 11/21/24 10441 PROFORCE LAW ENFORC 2010 5715 EQUIPMENT-PD 0.00 11,871.92 TOTAL CHECK 0.00 22,478.45
1001 43885 11/26/24 13849 AXON ENTERPRISE INC 2010 5715 PRO LICENSE-PD 0.00 997.10 1001 43931 12/04/24 13849 AXON ENTERPRISE INC 2010 5715 ANNUAL CONTRACT NOV 0.00 38,782.51 TOTAL CASH ACCOUNT 0.00 62,258.06
TOTAL FUND 0.00 62,258.06
19 Section 7, Item 7A.
SUPERION PAGE NUMBER: 15
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 209 - RECYCLE GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43873 11/26/24 15138 FOWLER ASB 2090 5110 CAL RECYLCE FUND 0.00 500.00 TOTAL CASH ACCOUNT 0.00 500.00
TOTAL FUND 0.00 500.00
20 Section 7, Item 7A.
SUPERION PAGE NUMBER: 16
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 212 - ARPA FUNDING
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43827 11/13/24 15131 HAVEN LIGHTNING, IN 2120 5710 MERCED ST. SCAPE 0.00 16,592.00 1001 43860 11/21/24 15010 CAL INC 2120 5710 WATER TOWER STABLIZ 0.00 9,991.80 TOTAL CASH ACCOUNT 0.00 26,583.80
TOTAL FUND 0.00 26,583.80
21 Section 7, Item 7A.
SUPERION PAGE NUMBER: 17
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 225 - LTF - ARTICLE 8
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43793 11/13/24 14131 SWEEPING CORP OF AM 2250 5220 SWEEP WST MGMT YRD 0.00 850.00 1001 43793 11/13/24 14131 SWEEPING CORP OF AM 2250 5220 STREET SWEEP OCT24 0.00 3,500.00 TOTAL CHECK 0.00 4,350.00
1001 43812 11/13/24 10237 P G & E - SACRAMENT 2250 5170 700 MERCED#A 10/25/ 0.00 612.45 1001 43812 11/13/24 10237 P G & E - SACRAMENT 2250 5170 1100 N. MANN 10/25/ 0.00 14.29 1001 43812 11/13/24 10237 P G & E - SACRAMENT 2250 5170 MERCED/8TH 10/25/24 0.00 20.09 1001 43812 11/13/24 10237 P G & E - SACRAMENT 2250 5170 GLDST/MAN SIG10/25/ 0.00 116.02 1001 43812 11/13/24 10237 P G & E - SACRAMENT 2250 5220 ADAMS&GLDN ST10/27/ 0.00 117.22 TOTAL CHECK 0.00 880.07
1001 43896 12/04/24 14131 SWEEPING CORP OF AM 2250 5220 SWEEP WSTE MGMT YRD 0.00 850.00 1001 43896 12/04/24 14131 SWEEPING CORP OF AM 2250 5220 STREET SWEEP NOV24 0.00 3,500.00 1001 43896 12/04/24 14131 SWEEPING CORP OF AM 2250 5220 LEAF SVC NOV24 0.00 4,500.00 TOTAL CHECK 0.00 8,850.00
1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 700 MERCED#A 11/25/ 0.00 535.54 1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 GLDST/MAN SIG11/24/ 0.00 117.36 1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 ADAMS&GLDNST 11/26/ 0.00 123.75 1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 MERCED/8TH 11/25/24 0.00 87.74 1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 300 W MERCED 11/25/ 0.00 35.92 1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 1100 N. MANN 11/24/ 0.00 14.29 1001 43917 12/04/24 10237 P G & E - SACRAMENT 2250 5170 MANN&GLDST 11/20/24 0.00 14.30 TOTAL CHECK 0.00 928.90
TOTAL CASH ACCOUNT 0.00 15,008.97
TOTAL FUND 0.00 15,008.97
22 Section 7, Item 7A.
SUPERION PAGE NUMBER: 18
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 237 - SRFC TRNS BLCK GRNT-STBG
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43828 11/13/24 12386 DAVE CHRISTIAN CONT 2370 5710 MANNING RECONST 0.00 42,500.65 TOTAL CASH ACCOUNT 0.00 42,500.65
TOTAL FUND 0.00 42,500.65
23 Section 7, Item 7A.
SUPERION PAGE NUMBER: 19
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 255 - STATE GRANT AB178
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43829 11/13/24 10113 FOWLER ACE HARDWARE 2550 5710 SUPPLIES-PD 0.00 64.24 1001 43830 11/13/24 14414 FOWLER BAPTIST CHUR 2550 5182 TMP SR CTR RNT NOV2 0.00 1,500.00 1001 43861 11/21/24 13521 UNITY IT 2550 5710 CONSULTING SVC-PD 0.00 302.49 1001 43862 11/21/24 15029 VANIR CONSTRUCTION 2550 5710 PHASE100 SVC OCT24 0.00 41,455.00 1001 43886 11/26/24 14634 DEWBERRY ARCHITECT 2550 5710 PHASE II-PD/SN CTR 0.00 18,649.21 1001 43932 12/04/24 14519 AMAZON CAPITAL SERV 2550 5710 SUPPLIES-PD 0.00 40.17 TOTAL CASH ACCOUNT 0.00 62,011.11
TOTAL FUND 0.00 62,011.11
24 Section 7, Item 7A.
SUPERION PAGE NUMBER: 20
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 256 - DWR STATE GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43918 12/04/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 0.00 14,852.50 TOTAL CASH ACCOUNT 0.00 14,852.50
TOTAL FUND 0.00 14,852.50
25 Section 7, Item 7A.
SUPERION PAGE NUMBER: 21
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43783 11/13/24 11689 A & C TIRE SERVICE 5000 5205 FLEET-WTR 0.00 65.26 1001 43784 11/13/24 10007 ALERT-O-LITE, INC 5000 5202 SUPPLIES-ST 0.00 153.16 1001 43786 11/13/24 13635 BARNES WELDING SUPP 5000 5200 SUPPLIES-WTR 0.00 32.40 1001 43789 11/13/24 10024 BSK ASSOCIATES 5000 5220 WATER TESTING 11/6/ 0.00 66.70 1001 43789 11/13/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 280.00 TOTAL CHECK 0.00 346.70
1001 43791 11/13/24 10619 CALIF RURAL WATER A 5000 5250 CRWA TUITION-HAMMON 0.00 1,500.00 1001 43791 11/13/24 10619 CALIF RURAL WATER A 5000 5250 CRWA TUITION-CABEZA 0.00 1,500.00 TOTAL CHECK 0.00 3,000.00
1001 43792 11/13/24 15130 CASTRO MARQUEZ, JOS 500 2050 UB REFUND 0.00 73.17 1001 43795 11/13/24 14993 DAVIS EQUIPMENT INC 5000 5205 SUPPLIES-WTR 0.00 310.98 1001 43799 11/13/24 14245 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-ST 0.00 5.44 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 3.91 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 8.27 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 8.71 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 27.23 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 27.23 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 28.32 1001 43800 11/13/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 45.82 TOTAL CHECK 0.00 149.49
1001 43808 11/13/24 14238 INFOSEND, INC 5000 5621 UB BILLING 10/30/24 0.00 1,298.02 1001 43808 11/13/24 14238 INFOSEND, INC 5000 5621 UB BILLING 9/27/24 0.00 1,598.41 TOTAL CHECK 0.00 2,896.43
1001 43810 11/13/24 14919 LIBERTY CHEMICAL EQ 5000 5202 SUPPLIES-ST 0.00 143.13 1001 43812 11/13/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 8 10/28/2 0.00 514.39 1001 43812 11/13/24 10237 P G & E - SACRAMENT 5000 5170 325 S 5TH 10/30/24 0.00 839.11 1001 43812 11/13/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 7 10/31/2 0.00 14,664.54 TOTAL CHECK 0.00 16,018.04
1001 43816 11/13/24 10274 SAN JOAQUIN VAL AIR 5000 5176 24/25 ANNUAL PERMIT 0.00 290.00 1001 43820 11/13/24 12791 THE MOWERS EDGE 5000 5715 SUPPLIES-WTR 0.00 144.91 1001 43820 11/13/24 12791 THE MOWERS EDGE 5000 5715 EQUIP MOWER-WTR 0.00 4,267.77 TOTAL CHECK 0.00 4,412.68
1001 43822 11/13/24 15129 THOL, VANNAK 500 2050 UB REFUND 0.00 86.44 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 89.83 1001 43824 11/13/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 64.99 TOTAL CHECK 0.00 154.82
26 Section 7, Item 7A.
SUPERION PAGE NUMBER: 22
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43833 11/21/24 14519 AMAZON CAPITAL SERV 5000 5195 SUPPLIES-WTR 0.00 76.67 1001 43844 11/21/24 14238 INFOSEND, INC 5000 5621 MAINT OCT24-WTR 0.00 568.18 1001 43848 11/21/24 14843 O'REILLY AUTO PARTS 5000 5205 SUPPLIES-WTR 0.00 171.43 1001 43851 11/21/24 15132 PRADO,ADRIANA 500 2050 UB REFUND 0.00 43.68 1001 43858 11/21/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 71.93 1001 43864 11/26/24 10007 ALERT-O-LITE, INC 5000 5202 SUPPLIES-WTR 0.00 46.75 1001 43864 11/26/24 10007 ALERT-O-LITE, INC 5000 5130 SUPPLIES-WTR 0.00 78.05 TOTAL CHECK 0.00 124.80
1001 43874 11/26/24 15136 GUTIERREZ, DANA 500 2050 UB REFUND 0.00 90.34 1001 43876 11/26/24 15135 MARQUEZ, TIFFANY 500 2050 UB REFUND 0.00 63.99 1001 43879 11/26/24 10237 P G & E - SACRAMENT 5000 5170 SESWNW231521 11/7/2 0.00 6,704.26 1001 43879 11/26/24 10237 P G & E - SACRAMENT 5000 5170 95 E ADAMS 11/7/24 0.00 402.02 1001 43879 11/26/24 10237 P G & E - SACRAMENT 5000 5170 ADAMS/5TH 11/7/24 0.00 45.16 TOTAL CHECK 0.00 7,151.44
1001 43880 11/26/24 10254 REDCAT TOWING 5000 5205 TOWING FORD F350 0.00 285.00 1001 43880 11/26/24 10254 REDCAT TOWING 5000 5205 TOWING DUMP TRAILER 0.00 285.00 TOTAL CHECK 0.00 570.00
1001 43882 11/26/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 68.31 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 5000 5206 SUPPLIES-WTR 0.00 556.83 1001 43890 12/04/24 14519 AMAZON CAPITAL SERV 5000 5200 EQUIPMENT-WTR 0.00 271.35 TOTAL CHECK 0.00 828.18
1001 43892 12/04/24 13635 BARNES WELDING SUPP 5000 5200 SUPPLIES-WTR 0.00 32.40 1001 43899 12/04/24 14429 CORE & MAIN 5000 5202 SUPPLIES-WTR 0.00 47.83 1001 43903 12/04/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 49.03 1001 43903 12/04/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-PARKS 0.00 620.72 TOTAL CHECK 0.00 669.75
1001 43908 12/04/24 10759 GLASCO GENERAL ENGI 5000 5202 WATER MAIN REPAIR 0.00 25,750.00 1001 43911 12/04/24 14238 INFOSEND, INC 5000 5621 MAINT NOV24 0.00 1,304.86 1001 43913 12/04/24 15139 JUAREZ BROTHERS GEN 500 2050 HYDRANT REFUND 0.00 2,000.00 1001 43914 12/04/24 13496 KEENAN & ASSOCIATES 5000 5084 HEALTH BENEFIT NOV2 0.00 4,957.42 1001 43916 12/04/24 10215 NELSON'S HARDWARE, 5000 5206 SUPPLIES-WTR 0.00 38.99 1001 43917 12/04/24 10237 P G & E - SACRAMENT 5000 5170 LANDSCAPE 11/19/24 0.00 174.52 27 Section 7, Item 7A.
SUPERION PAGE NUMBER: 23
DATE: 12/10/2024 CITY OF FOWLER ACCTPA21
TIME: 12:52:35 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43783' and '43933' ACCOUNTING PERIOD: 6/25
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43917 12/04/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 8 11/26/2 0.00 509.30 1001 43917 12/04/24 10237 P G & E - SACRAMENT 5000 5170 679 KAND 11/19/24 0.00 60.48 TOTAL CHECK 0.00 744.30
1001 43919 12/04/24 10274 SAN JOAQUIN VAL AIR 5000 5176 25/26 ANNUAL PERMIT 0.00 290.00 1001 43923 12/04/24 13647 SUN LIFE FINANCIAL 5000 5084 DENTAL BENEFIT NOV2 0.00 344.55 1001 43927 12/04/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 89.83 1001 43929 12/04/24 11335 VISION SERVICE PLAN 5000 5084 VISION BENIFIT NOV2 0.00 99.06 TOTAL CASH ACCOUNT 0.00 74,336.08
TOTAL FUND 0.00 74,336.08
TOTAL REPORT 0.00 572,410.19
28 Section 7, Item 7A.
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 19, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625
MINUTES
1. MEETING CALLED TO ORDER
Mayor Parra called the meeting to order at 6:00 p.m.
2. ROLL CALL
PRESENT
Daniel Parra
Juan Mejia
Amarjeet Gill
Karnig Kazarian
ABSENT
Leonard Hammer
STAFF PRESENT: Interim City Manager Gaffery, City Attorney Cross, Deputy City Planner Czeshinski, Fresno County Fire Protection District Battalion Chief Dominguez, Fresno County Fire Protection District Battalion Assistant Chief Michaels, Finance Director Moreno, City Engineer Park, Police Chief Reid, Public Works Director Rocha, and City Clerk Vasquez.
3. APPROVAL OF AGENDA
There were two clerical corrections. Item 10D was corrected to read Resolution No. 2753.
Item 10F was corrected to read Resolution No. 2750.
6. CEREMONIAL PRESENTATIONS
6A. Swearing in of Police Officer Bradley Elgin
7. PUBLIC COMMENT
One member of the public spoke.
8. CONSENT CALENDAR
Approved as amended. Item 8Cvii was amended to read APPOINT Jessica Monique Leal to the Recreation Commission for the full term ending 12/31/26.
Motion made by Gill, Seconded by Mejia.
Voting Yea: Parra, Kazarian
29 Section 7, Item 7B.
9. CONTESTED CONSENT CALENDAR
No items were pulled from the consent calendar.
10. GENERAL ADMINISTRATION
Planning
10A. APPROVE Resolution No. 2751
i. FINDING that the City of Fowler Bicycle, Pedestrian, and Trails Master Plan is exempt from further environmental analysis pursuant to CEQA Guidelines Section 15183 Subdivision (a);
ii. ADOPTING the City of Fowler Bicycle, Pedestrian, and Trails Master Plan.
Motion made by Kazarian, Seconded by Gill.
Voting Yea: Parra, Mejia
10B. PROVIDE STAFF DIRECTION on Community Development Block Grant program income funding priorities
Staff were directed to proceed with ADA improvements in and around Panzak Park, and along Merced Street using the entirety of the CDBG program income and county CDBG pool allocation to accomplish this project. 10C. Introduce and waive the first reading of Ordinance No. 2024-05, which:
i. FINDS that Zoning Text Amendment No. 24-30 is exempt from further environmental analysis pursuant to CEQA Guidelines section 15061, subdivision (b)(3), and;
ii. APPROVES Zoning Text Amendment No. 24-30 amending the Fowler Zoning Ordinance to include regulations relating to the operation of Food Trucks within the City.
Approved as amended. Staff was directed to add language to subsection B.2. regarding operating adjacent to brick-and-mortar retailers and adding administerial claim review to the CUP.
Motion made by Kazarian, Seconded by Mejia.
Voting Yea: Parra, Gill
10D. APPROVE Resolution No. 2753 Confirming a Special Assessment for Cost for Abatement of Nuisance at 318 S. 8th St., Fowler, CA (APN 343-204-06) Motion made by Kazarian, Seconded by Gill.
Voting Yea: Parra, Mejia
Finance
30 Section 7, Item 7B.
10E. APPROVE Budget Resolution No. 2752 allocating the remaining unexpended American Rescue Plan Act funding
Motion made by Gill, Seconded by Mejia.
Voting Yea: Parra, Kazarian
Fire
10F. Actions pertaining to the Fire Station Phase II Improvement Project:
i. APPROVE Budget Amendment Resolution No. 2750 allocating $100,000 in Fire Department Development Impact Fees fund balance, and $300,000 in Utility Users Tax fund balance
ii. AWARD a construction agreement for the Fire Station Phase II Improvement Project to Better Enterprises, Inc. in the amount of $1,588,969 and authorize Interim City Manager to execute the agreement.
One member of the public spoke.
Motion made by Kazarian, Seconded by Gill.
Voting Yea: Parra, Mejia
10G. WORKSHOP on the City of Fowler's assigned Insurance Service Organization's (ISO) Public Protection Classification (PPC) score
Assistant Chief Michaels presented this item. Councilmember questions were answered.
No direction was given to staff.
No members of the public spoke.
Public Works
10H. Actions pertaining to the Landscape and Storm Drainage Facilities Maintenance District No. 1 Annexation of Tracts 6381 and 6405:
i. APPROVE Resolution No. 2754, for Annexation of Tract 6381 into the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1 One ballot was issued. One ballot was received in favor of the annexation. No ballots were received in opposition of the annexation.
Motion made by Mejia, Seconded by Gill.
Voting Yea: Parra, Kazarian
ii. APPROVE Resolution No. 2755, for Annexation of Tract 6405 into the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1 31 Section 7, Item 7B.
One ballot was issued. No ballots were received in favor of the annexation. One ballot was received in opposition of the annexation.
No motion made.
Staff will follow up with the developer and bring this item back at a future meeting as the annexation is required as a condition of approval.
11. STAFF COMMUNICATIONS
11A. Police Department Calls for Service Update
Updates were also provided by City Engineer Park, City Clerk Vasquez, and Interim City Manager Gaffery.
12. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Councilmember Gill, Mayor Pro-Tem Mejia, Councilmember Kazarian, and Mayor Parra.
13. CLOSED SESSION
Government Code Section 54957.6
Conference with labor negotiators
Agency designated representatives: Interim City Manager and City Clerk/Personnel Manager
Employee organization: All unrepresented employees
Government Code Section 54957
Public Employee Performance Evaluation
Title: Interim City Manager
The meeting went into closed session at 7:35 p.m.
16. RECONVENE INTO OPEN SESSION AND REPORT ACTION
No reportable action was taken on either of the two closed session items.
17. ADJOURN
Having no further business, the meeting adjourned at 7:51 p.m. 32 Section 7, Item 7B.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: MICHAEL REID, Chief of Police
SUBJECT: APPROVE a three-year agreement, with two one-year extensions, in an amount not to exceed $715,499.00 with the Fresno County Sheriff’s Office to provide 9-1-1 dispatch services and authorize the Interim City Manager to execute the agreement
EXECUTIVE SUMMARY
The Fresno County Sheriff’s Office (FSO) provides 9-1-1 dispatch services for the City of Fowler Police Department. With the expiration of the prior agreement, Staff have negotiated a new agreement with FSO. The new agreement has a maximum five-year term and has annual cost escalations based on the County’s master fee schedule and the City’s population.
BACKGROUND
FSO provides emergency services dispatch services 24/7/365 staffed with complaint takers to answer incoming 9-1-1 calls, and with emergency services dispatchers who send out the calls by computer and radio to officers with the City of Fowler Police Department.
The service provided under contract has been very effective with the City of Fowler, Kerman, Mendota, Orange Cove, Kingsburg and other communities also contracting with Fresno County to provide emergency dispatch services.
The rate structure under the proposed contract is $16.35 per population for the first year of the contract. The current agreement with Fresno County had a per capita rate of $15.75 per population. Based on the population estimate of 7,168 for the City of Fowler, year one costs would be $117,196.80. For subsequent years, the cost will be calculated using the FSO’s current dispatcher per capita, per hour rate, and the City’s population (as certified by the State Department of Finance), with an annual not-to-exceed 10% per capita cost increase. This is the same per capita cost for all contract cities utilizing the Fresno County 9-1-1 dispatch 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. 33 Section 7, Item 7C.
GENERAL PLAN CONSISTENCY
This action is consistent with:
Goal SAF-2
Emergency management efforts are coordinated and planned.
Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
Policy PF-2
Consider providing public cost sharing of public services under certain circumstances to encourage desirable and innovative development within the city.
Policy PF-14
Maintain staffing levels of City emergency service departments, including fire and police.
FISCAL IMPACT
The cost of 9-1-1 emergency dispatch services was accounted for in the Police Department’s Fiscal Year 2024-25 budget. Future annual costs will be accounted for in the Department’s annual operating budget.
PROCUREMENT PROCESS
This action is being brought forward for Council consideration in accordance with the Purchasing Policy.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Service Agreement
34 Section 7, Item 7C.
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1 SERVICE AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between the County of Fresno, a political subdivision of the State of California (“County”) and City of Fowler, a municipal corporation, whose address is 128 S. Fifth Street, Fowler, CA 93625 (“City”). County and City may be collectively referred to herein as “Parties” or in the singular as “Party.”
Recitals
A. WHEREAS, City desires to secure law enforcement dispatch services/9-1-1 answering responsibilities for City from County, through the Fresno County Sheriff’s Office, within City’s boundaries;
B. WHEREAS, County has provided these services to City through its Sheriff’s Office or its designee (“Sheriff’s Office”) since December of 1988;
C. WHEREAS, County agrees to continue to render such law enforcement dispatch services/9-1-1 answering responsibilities for City within the City’s boundaries (“Services”), and City agrees to pay County the cost of performing such services at the rates and according to the terms and conditions set forth in this Agreement.
The parties therefore agree as follows:
County’s Services
1.1 Scope of Services. County shall provide law enforcement dispatch services as described in Exhibit A, attached and incorporated by this reference.
1.2 The performance of Services for City, including the standards of performance, the discipline and control of personnel and officers, and all other matters incident to the performance of these Services shall be the right and responsibility of County. In the case of a dispute between the Parties as to the extent of the duties, functions, or the minimum level or manner of performance of such services to be rendered under this Agreement, the final and conclusive determination shall be made by the County, through its Sheriff’s Office. 35 Section 7, Item 7C.
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2 1.3 Representation. The County represents that it is qualified, ready, willing, and able to perform all Services provided in this Agreement.
1.4 Compliance with Laws. The County shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations.
City’s Responsibilities
2.1 Obligations of the City. City agrees to convert the radios in its police vehicles to such frequencies as required by the Sheriff’s Office’s communications systems. City shall also place radios in its police vehicles that have a primary and secondary channeling ability, as determined by the Sheriff’s Office, for the purpose of ensuring reasonable communications backup.
2.2 City shall have its police personnel use such alpha-numerical identifier system as determined by the Sheriff’s Office, and City assumes responsibility for keeping the Sheriff’s office communications system secure, as required by law.
2.3 City agrees that its personnel shall comply with the Sheriff’s Office radio procedures, and that it shall hold its employees accountable for failing to comply with such radio procedures.
2.4 City shall timely pay County for the Services rendered under this Agreement, as provided in Article 3.
Compensation, Invoices, and Payments
3.1 The City agrees to pay, and the County agrees to receive, compensation for the performance of its Services under this Agreement as described in Exhibit B to this Agreement, titled “Compensation.” The Parties also recognize and agree that the monthly compensation due to County for Services rendered under this Agreement may be updated from time to time based upon changes to the “per resident charge” and “population estimate” figures in Exhibit B.
County shall provide City with written notice of any changes to the monthly compensation due to 36 Section 7, Item 7C.
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3 County. Such notice shall be given in March of 2025, and yearly thereafter during the term of this Agreement. Upon City’s written approval of the changes to the monthly compensation due to changes to the “per resident charge” and “population estimate” figures, the new monthly compensation amount shall be effective July 1st of the same year such notice of the change was given by County.
3.2 As indicated in Exhibit B, the rate specified per resident (Dispatcher Per Capita) to be charged by County, and subsequently paid by City, are the rates set forth in the County’s Master Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (d) (“Master Fee Schedule”), for performing the Services. The Parties agree that if and when the Master Fee Schedule is amended, changed, or revised, in any way that changes the rates being charged for the Services, that County shall provide City with written notice of such new rate proposed to be charged by the County for Services under Exhibit B. The City shall pay such revised rate from the date of the amendment, change, or revision, going forward. The Parties further agree that if and when the Master Fee Schedule is amended changed, or revised, in any way that changes the rates being charged for the Dispatch Services under Exhibit B, such new rates shall replace any contrary or conflicting rate, from the effective date of the amendment, change, or revision in the rate(s). The parties acknowledge that the County’s Master Fees Schedule is subject to change.
3.3 Maximum Compensation. The maximum compensation payable to the County under this Agreement shall not exceed a total of $387,922 for the initial term, $543,911 for the first extension, or $715,499 for the second extension. The County acknowledges that the City is a local government entity, and does so with notice that the County’s powers are limited by the California Constitution and by State law, and with notice that County may receive compensation under this Agreement only for services performed according to the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount payable under this section. The County further acknowledges that City employees have no authority to pay the County except as expressly provided in this Agreement. The maximum total is estimated with a 10% increase, which may be less or more, depending on the approved Master of Schedule 37 Section 7, Item 7C.
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4 Fees. As of fiscal year 2024-25, City’s population is 7,168 multiplied by the Dispatcher Per Capita rate at $16.35. Thereafter, the estimated 10% increases are as follows:
FY 2024-25 (Year 1) (Population 7,168 x rate $16.35) $117,196.80 FY 2025-26 (Year 2) (Estimated 10% increase ($117,196.80 x 10% = $11,719.68) $128,916.48
FY 2026-27 (Year 3) (Estimated 10% increase ($128,916.48 x 10% = $12,891.65) $141,808.13
FY 2027-28 (Year 4) (Estimated 10% increase ($141,808.13 x 10% = $14,180.81) $155,988.94
FY 2028-29 (Year 5) (Estimated 10% increase ($155,988.94 x 10% = $15,598.89) $171,587.83
Total $715,498.18, rounded up to $715,499.00.
3.4 Invoices. The County shall submit monthly invoices to the City and City shall pay the County within thirty (30) calendar days of receipt of any such invoice. At the end of the Fiscal Year, or the expiration or termination of this Agreement, County may, in the discretion of Sheriff or its designee, submit a final invoice for all amounts then unpaid, including, but not limited to, any remaining, unpaid hours of Services, as outlined in Article 1 and City shall pay the full amount of this final invoice within thirty (30) days of receipt thereof.
3.5 Payment. The City shall pay each correctly completed and timely submitted invoice within thirty (30) days after receipt. Any payment made more than thirty (30) days after receipt of an invoice may result in contract termination of service reduction, in the sole discretion of the Fresno County Sheriff’s Office, without any penalty or recourse against County. City shall remit payments to the County’s address specified in the invoice.
3.6 Incidental Expenses. The County is solely responsible for all of its costs and expenses that are not specified as payable by the County under this Agreement. 38 Section 7, Item 7C.
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5 Term of Agreement
4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June 30, 2027, except as provided in section 4.2, “Extension,” or Article 6, “Termination and Suspension,” below.
4.2 Extension. The term of this Agreement may be extended for no more than two (2), one-year periods upon written approval by both Parties at least thirty (30) days prior to the termination date referenced in Section 4.1, and at least thirty (30) days prior to the termination date of the first one-year extension period. The Sheriff or his or her designee is authorized to sign the written approval on behalf of the County based on the City’s satisfactory performance.
The City’s Chief of Police is authorized to sign the written approval on behalf of the City. The extension of this Agreement by the County is not a waiver or compromise of any default or breach of this Agreement by the City existing at the time of the extension whether or not known to the County.
Notices
5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following:
For the County:
Sheriff’s Captain
Sheriff-Coroner-Public Administrator
County of Fresno
2200 Fresno Street
Fresno, CA 93721
[email protected]
Fax: 559-600-8318
For the City:
Chief of Police
Fowler Police Department
City of Fowler
128 S. Fifth Street
Fowler, CA 93625
[email protected]
Phone No.: 559-834-2112
39 Section 7, Item 7C.
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6 5.2 Change of Contact Information. Either Party may change the information in section
5.1 by giving notice as provided in section 5.3.
5.3 Method of Delivery. Each notice between the County and the City provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first-class United States mail is effective three (3) business days after deposit in the United States mail, postage prepaid, addressed to the recipient. (C) A notice delivered by an overnight commercial courier service is effective one (1) business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. (D) A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a business day), provided that the sender maintains a machine record of the completed transmission.
5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
Termination and Suspension
6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated by the City, then the County or City, upon at least thirty (30) days’ advance written notice to the other Party, may:
40 Section 7, Item 7C.
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7 (A) Terminate this Agreement; or
(B) The Parties may modify the Services and compensation and negotiate a new agreement .
6.2 Termination for Breach.
(A) Upon County determining that a breach (as defined in paragraph (C) below) has occurred, the County shall give written notice of the breach to the City. The County may not suspend performance of Services under this Agreement without first providing written notice of the breach to the City and providing no less than thirty (30) days for City to cure the breach.
(B) If the City fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately upon City’s failure to cure.
(C) For purposes of this section, a breach occurs when, in the determination of the County, the City has:
(1) Failed to comply with or improperly performed any part of this Agreement; or (2) Submitted a substantially incorrect or incomplete report to the County.
6.3 Termination without Cause. In circumstances other than those set forth above, either Party may terminate this Agreement by giving at least thirty (30) days advance written notice to the other Party.
6.4 No Penalty or Further Obligation. Any termination of this Agreement by the City or County under this Article 6 is without penalty to, or further obligation of, the City or County.
Independent Contractor
7.1 Status. In performance of the work, duties and obligations assumed by County under this Agreement, it is mutually understood and agreed that County, including any and all of County’s officers, agents, and employees, will at all times be acting and performing as an independent contractor, and shall act in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the City. Furthermore, City shall have 41 Section 7, Item 7C.
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8 no right to control or supervise or direct the manner or method by which County shall perform its work and function. However, City shall retain the right to administer this Agreement to verify that County is performing its obligations in accordance with the terms and conditions thereof.
7.2 Verifying Performance. City and County shall comply with all applicable provision of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. The City has no right to control, supervise, or direct the manner or method by which County shall perform its work or function, but the City may verify that the County is performing according to the terms of this Agreement.
7.3 Benefits. The Parties shall be solely liable and responsible for providing to, or on behalf of, their employees all legally-required employee benefits. In addition, the Parties shall be solely responsible for all matters relating to payment of their respective employees, including compliance with Social Security withholding and all other regulations governing such matters, and hold harmless the other Party from disputes arising from such matters.
7.4 Services to Others. The Parties acknowledge that, during the term of this Agreement, the County may provide services to other entities unrelated to the City.
Indemnity and Defense
8.1 Indemnity. The City agrees to indemnify, save, hold harmless, and at County’s request, defend County, its officers, agents, and employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to County in connection with the performance, or failure to perform, by City, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of City, its officers, agent, or employees under this Agreement.
The County agrees to indemnify, save, hold harmless, and at City’s request, defend City, its officers, agents, and employees from any and all costs and expenses (including 42 Section 7, Item 7C.
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9 attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to City in connection with the performance, or failure to perform, by County, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of County, its officers, agent, or employees under this Agreement.
8.2 Survival. This Article 8 shall survive the termination or expiration of this Agreement.
Reserved
Inspections, Audits, and Public Records
10.1 Inspection of Documents. Either Party shall make available for examination at any time during regular business hours, all of the other Party’s records and data with respect to the matters covered by this Agreement, excluding attorney-client privileged communications. A Party shall, upon request by the other Party, permit the requesting Party to audit and inspect all such records and data to ensure the Party’s compliance with the terms of this Agreement.
10.2 State Audit Requirements. Since this Agreement exceeds $10,000, the County and City shall be subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three (3) years after final payment under this Agreement. This section survives the termination of this Agreement.
10.3 Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the City may provide to the County. The County’s public disclosure of this Agreement or any record or data that the City may provide to the County may include but is not limited to the following:
(A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental agency.
43 Section 7, Item 7C.
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10 (B) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the City may provide to the County, unless such disclosure is prohibited by court order.
(C) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). (D) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”).
(E) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the City may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.
10.4 Public Records Act Requests. If a Party (“Requesting Party”) receives a written or oral request under the CPRA to publicly disclose any record that is in the other Party’s (“Disclosing Party”) possession or control, and which the Requesting Party has a right, under any provision of this Agreement or applicable law, to possess or control, then the Requesting Party may demand, in writing, that the Disclosing Party deliver to the Requesting Party, for purposes of public disclosure, the requested records that may be in the possession or control of the Disclosing Party. Within five (5) business days after the Requesting Party’s demand, the Disclosing Party shall (a) deliver to the Requesting Party all of the requested records that are in the Disclosing Party’s possession or control, together with a written statement that the 44 Section 7, Item 7C.
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11 Disclosing Party, after conducting a diligent search, has produced all requested records that are in the Disclosing Party’s possession or control that are responsive to the CPRA request, or (b) provide to Requesting Party a written statement that the Disclosing Party, after conducting a diligent search, does not possess or control any of the requested records responsive to the CPRA request.
The Disclosing Party shall cooperate with the Requesting Party with respect to any such demand for such records. If the Disclosing Party wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the Requesting Party and assert the exemption by citation to specific legal authority within the written statement that it provides to the Requesting Party under this section.
The Disclosing Party’s assertion of any exemption from disclosure is not binding on the Requesting Party, but the Requesting Party will give at least ten (10) days’ advance written notice to the Disclosing Party before disclosing any record subject to the Disclosing Party’s assertion of exemption from disclosure. The Disclosing Party shall indemnify the Requesting Party for any court-ordered award of costs or attorney’s fees under the CPRA that results from the Disclosing Party’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the Requesting Party with respect to the Requesting Party’s demand for any such records.
Reserved
General Terms
12.1 Modification. Any matters of this Agreement may be modified from time to time by written consent of all Parties without, in any way, affecting the remainder. Except as provided in Article 6, “Termination and Suspension,” this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both Parties. The City acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement.
45 Section 7, Item 7C.
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12 12.2 Non-Assignment. Neither Party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other Party.
12.3 Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.
12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. City consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
12.5 Construction. The final form of this Agreement is the result of the Parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either Party.
12.6 Days. Unless otherwise specified, “days” means calendar days.
12.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.
12.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the remaining terms of this Agreement shall remain in full force and effect, and the Parties shall make their best efforts to replace the unlawful or unenforceable part(s) of this Agreement with lawful and enforceable terms intended to accomplish the Parties’ original intent.
12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.
12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the City under this Agreement on any one or more occasions is not a waiver of performance 46 Section 7, Item 7C.
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13 of any continuing or other obligation of the City and does not prohibit enforcement by the County of any obligation on any other occasion.
12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the City and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.
12.12 No Third-Party Beneficiaries. This Agreement does not, and is not intended to, create any rights or obligations for any person or entity except for the Parties.
12.13 Authorized Signature. The City represents and warrants to the County that:
(A) The City is duly authorized and empowered to sign and perform its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.
12.14 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
(B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or 47 Section 7, Item 7C.
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14 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
(C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each Party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other Party may rely upon that representation.
(E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either Party may sign this Agreement with an original handwritten signature.
12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURE PAGE FOLLOWS]
48 Section 7, Item 7C.
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15 The Parties are signing this Agreement on the date stated in the introductory clause.
CITY OF FOWLER
_________________________________
Thomas W. Gaffery IV
Interim City Manager
City of Fowler
128 S. 5th Street
Fowler, CA 93625
COUNTY OF FRESNO
_________________________________
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
_________________________________
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _______________________
Deputy
For accounting use only:
Org No.: 31113320
Account No.: 4975
Fund No.: 0001
Subclass No.: 10000
49 Section 7, Item 7C.
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Exhibit A
A-1
Scope of Services
Law Enforcement Dispatch Services: County agrees, through its Sheriff’s Office, to receive phone calls at the Sheriff’s Office communications center for requests to dispatch City’s police department personnel in response to such requests. The Services provided under this Agreement do not include, and the Sheriff’s Office shall not provide, any dispatch services for requests for emergency medical services or fire suppression services. If the Sheriff’s Office receives telephone calls requesting emergency medical services or fire suppression services within City boundaries, the Sheriff’s Office shall transfer those calls to the emergency medical services dispatching center. The Sheriff’s Office shall provide Services via the radio to direct City’s police department personnel to various calls for service.
The Sheriff’s Office shall also provide, within the limitations of this Agreement, training to City’s police personnel in the use of the Sheriff’s Office’s radio procedures and language as deemed necessary by the Parties. This training shall cover the computer priority systems, uniformity of dispositions, and radio language and proper radio etiquette. 50 Section 7, Item 7C.
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Exhibit B
B-1
The County will be compensated for performance of its Services under this Agreement as provided in this Exhibit B. The County is not entitled to any compensation except as expressly provided in this Exhibit B, and as described in this Agreement.
1. County agrees to perform Services for the City at the rate specified below per resident of the City (as determined by the State Department of Finance certified population estimated as of January 1st of that year) until such time as the rate is updated pursuant to Article 3 of this Agreement. Under this Agreement, the County’s cost recovery shall be 100%, at the then-current rate (i.e. the rate listed at the time the service is provided) listed in the Master Schedules of Fees Charges, and Recovered Costs, Section 2609, subdivision (a), for the Dispatcher Per Capita at the rate, per hour. City acknowledges that these rates are subject to change, as delineated in the Agreement. The total amount of the Law Enforcement Dispatch Services to be provided and paid for, and the manner of invoicing, is depicted in the Agreement.
2. Monthly Charge for FY 2024-25 (July 1, 2024 - June 30, 2025) (hereinafter the “2025- 2025 Monthly Charge”) is charged to the latest approved Master Schedule of Fees (MSF) on November 28, 2023 rates for the following:
A. The methodology to calculate these amounts are as follows:
(July 1, 2024 – June 30, 2025) Per resident charge = $16.35 (100% of $16.35 per resident)
Number of residents in City (as determined by State Department of Finance certified population estimate as of January 1, 2023) = 7,168 2024-2025 Monthly Charge = ($16.35/resident x 7,168 residents)/12 months = $9,767/month
51 Section 7, Item 7C.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2756 setting the regular City Council meeting schedule for calendar year 2025
EXECUTIVE SUMMARY
Approval of Resolution No. 2756 will set the regular City Council meeting schedule for calendar year 2025.
BACKGROUND
Consistent with Ordinance No. 2023-03 adopted on March 21, 2023, this resolution sets the regular City Council meeting schedule for calendar year 2025 beginning with the January 7, 2025 meeting. The February 3, 2025 and October 6, 2025 meetings are moved due to travel to League of California Cities activities.
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
There is no fiscal impact associated with this action.
PROCUREMENT PROCESS
This action is not associated with the procurement process.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2756 and Exhibit A
52 Section 7, Item 7D.
RESOLUTION NO. 2756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
SETTING A SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS FOR CALENDAR YEAR 2025
WHEREAS, consistent with Ordinance No. 2023-03 adopted on March 21, 2023; and WHEREAS, annually, by Council Resolution, the Council shall set a schedule of regular meetings of the Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the schedule for regular City Council meetings for calendar year 2025 beginning on January 7, 2025, are set and approved as provided in Exhibit A attached to this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of December 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
53 Section 7, Item 7D.
EXHIBIT A
Date Time
Tuesday, January 7, 2025 6:00 p.m.
Tuesday, January 21, 2025 6:00 p.m.
Monday, February 3, 2025 6:00 p.m.
Tuesday, February 18, 2025 6:00 p.m.
Tuesday, March 4, 2025 6:00 p.m.
Tuesday, March 18, 2025 6:00 p.m.
Tuesday, April 1, 2025 6:00 p.m.
Tuesday, April 15, 2025 6:00 p.m.
Tuesday, May 6, 2025 6:00 p.m.
Tuesday, May 20, 2025 6:00 p.m.
Tuesday, June 3, 2025 6:00 p.m.
Tuesday, June 17, 2025 6:00 p.m.
Tuesday, July 1, 2025 6:00 p.m.
Tuesday, July 15, 2025 6:00 p.m.
Tuesday, August 5, 2025 6:00 p.m.
Tuesday, August 19, 2025 6:00 p.m.
Tuesday, September 2, 2025 6:00 p.m.
Tuesday, September 16, 2025 6:00 p.m.
Monday, October 6, 2025 6:00 p.m.
Tuesday, October 21, 2025 6:00 p.m.
Tuesday, November 4, 2025 6:00 p.m.
Tuesday, November 18, 2025 6:00 p.m.
Tuesday, December 2, 2025 6:00 p.m.
Tuesday, December 16, 2025 6:00 p.m.
2025 Regular Meeting Schedule
City Council of the City of Fowler
54 Section 7, Item 7D.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: MICHAEL REID, Chief of Police
SUBJECT: APPROVE a contract in the amount of $22,600 with Provost & Pritchard for Speed and Delay Studies for the City of Fowler
EXECUTIVE SUMMARY
In 2017, the City Engineer drafted an Engineering and Traffic Survey (E&TS) for the City of Fowler. The current recommendations, based on the California Manual on Uniform Traffic Control Devices (CA MUTCD) and California Vehicle Code (CVC) Section 40802, state that the frequency of E&TS every seven years. City staff recommend that Provost & Pritchard update the survey.
BACKGROUND
The California State Legislature sets in place the regulations for California speed limits, and the California Vehicle Code (CVC) places these regulations into the language used primarily for enforcement purposes. The California Manual for Setting Speed Limits published by Caltrans establishes guidelines for establishing speed limits that are uniform throughout the state.
The purpose of this survey is to evaluate the posted speed limits for identified roadway/streets within the City of Fowler and recommend speed limits following the State of California regulations and guidelines.
CVC Section 40802 requires that Engineering and Traffic Survey (E&TS), also referred to as a Speed and Delay Study, for speed limits should be conducted at least once every 7 years (40802(c)) based on established criteria. In addition, the City of Fowler is required to re‐ evaluate non‐statutory speed limits on their street segments that have undergone a significant change in roadway characteristics or surrounding land uses since the speed limits were last reviewed.
Speed limits are established primarily for protecting the public from the behavior of dangerous drivers. Speed limits are generally established at or near the 85th percentile speed, also referred to as the critical speed, is defined as the speed at or below which 85 percent of traffic is moving in free flow conditions. Speed limits established on this basis conform to the consensus of those who drive on the roadways as to what speed is reasonable and safe under normal driving conditions.
55 Section 7, Item 7E.
Council’s approval of this item will allow Provost & Prichard to conduct the Engineering and Traffic Survey and meet the requirements of the California Vehicle Code mandate.
In addition to the specific survey study, the City has also requested a delay study be conducted at the intersection of 10th Street and Merced Street to evaluate the impacts of potentially converting from a two-way stop to an all-way stop intersection.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This Project is exempt pursuant to CEQA Guidelines Section 15306 (Class 6)- Information Gathering. The Project consists of basic information collection which does not result in a disturbance to the environment or any environmental resource.
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.
FISCAL IMPACT
This item will be paid for by Police Impact Fees and Community Development Fees.
PROCUREMENT PROCESS
Provost and Pritchard has an existing on-call engineering services agreement with the City of Fowler which was competitively bid.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Provost and Pritchard Proposal
56 Section 7, Item 7E.
400 E Main St, Ste 300 • Visalia, CA 93291 • (559) 636-1166 www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/ab4f46dc-8f24-4231-8f74- d5657daf143a/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_212.ppeng.egnyte.com/Fowler Speed Study Proposal.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID December 9, 2024
Thomas Gaffery
Interim City Manager
City of Fowler
128 South 5th Street
Fowler, CA 93625
Subject: Traffic Engineering Services – Speed and Delay Studies, Fowler, California
Dear Thomas Gaffery:
Thank you for the opportunity to submit this proposal to provide Traffic Engineering services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
PROJECT UNDERSTANDING
We understand that Fowler’s contract City Engineer drafted an Engineering and Traffic Survey (E&TS) for the City of Fowler in 2017. The study included five roadways, broken into 16 segments. These include:
Golden State Boulevard: City limit north of Adams Avenue to City limit south of Manning Avenue Merced Street: Sumner Avenue to 8th Street and from 6th Street to Adams Avenue Fowler Avenue: north of Adams Avenue to the City limit; from South of Merced Street to South Avenue
Adams Avenue: State Route 99 Temperance Avenue
Manning Avenue: Temperance Avenue to west of DeWolf Avenue California Manual on Uniform Traffic Control Devices (CA MUTCD) and California Vehicle Code (CVC) Section 40802 establishes the frequency of E&TS updates at seven years. Therefore, City of Fowler staff has requested Provost & Pritchard staff to update the survey.
In addition, we were asked to consider additional segments. We consulted the California Manual on Uniform CA MUTCD section on “Engineering Traffic Survey (E&TS), within Chapter 2B. One constraint that eliminated options for consideration is from Paragraph 27-I, “Short speed zones of less than 0.5 miles should be avoided, except in transition areas”.
We noticed segments that already included speed limit signs but had not been studied. There may be others of which you are aware that should be considered.
We also researched traffic collision data from the Transportation Injury Mapping System (TIMS) database.
Over the past five years, we did not observe a pattern of collisions that would suggest inclusion of additional segments other than what is outlined below.
57 Section 7, Item 7E.
City of Fowler December 9, 2024
Traffic Engineering Services – Speed and Delay Studies Page 2 of 3 Job No.: 24-490
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/ab4f46dc-8f24-4231-8f74- d5657daf143a/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_212.ppeng.egnyte.com/Fowler Speed Study Proposal.docx Currently, we are recommending consideration of five additional segments:
Temperance Avenue: south City limit to Adams Avenue (already posted for 35 mph). Temperance Avenue: Adams Avenue to north City limit (already posted for 35 and 45 mph). Adams Avenue: Temperance Avenue to east City limit (already posted for 40 mph). Harris Avenue/5th Street: south City limit to Vine Street. South Avenue: Sunnyside Avenue to Stanford Avenue.
Stanford Avenue / Fresno Street: South Avenue to Fowler Avenue.
This proposal is based on the anticipation of the aforementioned 22 segments. If additional segments are desired, we can adjust the scope and fee.
In addition, City staff requested a Delay Study at the intersection of Merced Street at 10th Street. City staff is considering the conversion of the intersection to an all-way stop control from the current two-way stop control on 10th Street.
SCOPE OF SERVICES
Our proposed scope of work for this proposal is described below.
PHASE ETS: (ENGINEERING AND TRAFFIC SURVEY)
Data Collection: speed data will be collected using a City-provided radar gun. 100 vehicles will be sampled in a free-flow state.
Data Collation: speed data will be collated into spreadsheet forms, calculating the average and critical (85th percentile) speeds.
Speed Limit Recommendations: 85th percentile speeds will be utilized to make recommendations on posted speed limits and included in a written memorandum.
Deliverable:
Engineering and Traffic Survey Report (Speed Survey)
PHASE DEL: (DELAY STUDY)
Data Collection: 24-hour traffic data will be collected by subconsultant and provided to Provost & Pritchard staff for analysis.
Data Analysis: traffic data will be analyzed using Synchro traffic modeling software to analyze the delay and Level of Service (LOS) for both the existing two-way stop control and proposed all-way stop control and included in a written memorandum.
Deliverable:
Technical Memo with delay study finding.
PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services in these Phases on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. For budgeting purposes, our preliminary estimate is that over the next two months, our fees will be $22,600. These fees will be invoiced monthly as they are accrued. Reimbursable expenses will be invoiced in addition to professional fees and are included in the estimated ranges above. If it appears we will need to exceed the upper range above, we will notify you in writing before we do so and will provide a revised estimate. We will not continue work beyond the initial budget without additional authorization. 58 Section 7, Item 7E.
City of Fowler December 9, 2024
Traffic Engineering Services – Speed and Delay Studies Page 3 of 3 Job No.: 24-490
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/ab4f46dc-8f24-4231-8f74- d5657daf143a/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_212.ppeng.egnyte.com/Fowler Speed Study Proposal.docx
SCHEDULE
Once we receive an executed copy of this Proposal together with the signed Consultant Services Agreement and are authorized to proceed, we can prepare the draft survey for initial submittal in approximately eight weeks. If an additional submittal is required after initial review, we will be prepared to re-submit two weeks after we receive agency comments.
ASSUMPTIONS
This proposal is based on the most recent Engineering and Traffic Survey prepared by Peters Engineering Group, dated April 26, 2017.
We anticipate the ability to utilize City of Fowler Police Department’s radar equipment to collect survey data. The operator will receive appropriate training for proper use of the radar equipment for data collection.
TERMS AND CONDITIONS
To convey a clear understanding of our mutual responsibilities under this proposal, the executed agreement between the City and Provost & Pritchard for On-Call Engineering Services fully executed on January 17, 2023 is made a part of this proposal, by reference and all terms and conditions apply. If this proposal is acceptable, please sign below, and return a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
Sincerely Yours,
Provost & Pritchard Consulting Group
Matt Hamilton, RCE 63570 Soo Ho Park, RCE 89361
Senior Engineer Director of Operations
TERMS AND CONDITIONS ACCEPTED
By City of Fowler
Signature
Printed Name
Title Date
59 Section 7, Item 7E.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: ADOPT Resolution No. 2757 to approve revised City Standards
EXECUTIVE SUMMARY
The proposed Resolution No. 2757 approves various Standard Plan revisions for constructability and conformance to building code updates.
BACKGROUND
The Fowler City Council previously approved development improvement standards for various public infrastructure facilities related to streets, water, and sewer, etc. Staff recommends updating the various standards for reasons identified:
Standard Plan W-4- Water Main Blow-off Assembly – update the specified concrete box enclosure. The previous box called out is no longer commercially available. Standard Plan ST-12A – Curb Ramp – Type A – Various updates to conform to most recent California Building Code requirements for ADA accommodations. Standard Plan ST-12D – Curb Ramp – Type D – Various updates to conform to most recent California Building Code requirements for ADA accommodations. Standard Plan M-4 – Chain Link Fence – Add clarification that barbed wire above the chain link fence is not allowed in residential zones to conform to existing city of Fowler ordinance.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Policy PF-6
Prepare and maintain resources and mechanisms to adequately plan for, develop, and maintain public facilities.
60 Section 7, Item 7F.
FISCAL IMPACT
There is no increase in fiscal impact to the City. Improvements included in the Standard Plans are constructed as part of a development or a capital improvement project.
PROCUREMENT PROCESS
No procurement is associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2757
- Standard Plan W-4
- Standard Plan ST-12A
- Standard Plan ST-12D
- Standard Plan M-4
61 Section 7, Item 7F.
RESOLUTION NO. 2757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER
ADOPTING REVISED VARIOUS STANDARD PLANS
WHEREAS, the City of Fowler has previously utilized and adopted improvement standard for construction of public infrastructure facilities; and WHEREAS, periodic revisions to the improvements standards are necessary to ensure proper, construction and function of city infrastructure and other miscellaneous facilities; and WHEREAS, standard plan W-4 provides details for construction of Water Main Blow-off Assembly; and
WHEREAS, standard plan ST-12A provides details for construction of Type A Curb Ramp; and
WHEREAS, standard plan ST-12D provides details for construction of Type D Curb Ramp; and
WHEREAS, standard plan M-4 provides details for construction of chain link fence; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that effective immediately, Standard Plans W-4, ST-12A, ST-12D, and M-4 are hereby adopted for inclusion in the City Improvement Standards.
PASSED, APPROVED AND ADOPTED this 17th day of December 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
62 Section 7, Item 7F.
REVISION DATE Std. Dwg.
W-4
WATER MAIN BLOW-OFF ASSEMBLY
CITY OF FOWLER
SPECIAL CONDITIONS ONLY
10/29/24
OLD CASTLE PRECAST B1324-61GH OPENBOTTOM VAULT, WITH BOLT DOWN COVER,OR APPROVED EQUAL. INSTALLATION IN TRAFFIC AREAS COVER SHALL BE H/20
LOADING
63 Section 7, Item 7F.
SECTION A - A
REVISION DATE CITY OF FOWLER STD.DWG.
CURB RAMP-TYPE A ST-12A
PLAN
NOTES:
A
A
64 Section 7, Item 7F.
REVISION DATE CITY OF FOWLER STD.DWG.
CURB RAMP-TYPE D ST-12D
NOTES:
PLAN VIEW
65 Section 7, Item 7F.
REVISION DATE CITY OF FOWLER Std. Dwg.
CHAIN LINK FENCE M-4 NOTE:
66 Section 7, Item 7F.
REVISION DATE CITY OF FOWLER Std. Dwg.
CHAIN LINK GATE M-4 NOTE:
67 Section 7, Item 7F.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: ADOPT Ordinance 2024-05 adding Chapter 9.217 to Article 5 of Title 9 of the Fowler Municipal Code and amending Sections
9.120.030, 9.125.030, 9.130.030, 9.140.030, 9.240.070, and
9.240.140 regarding regulation of mobile food trucks in the City of Fowler
EXECUTIVE SUMMARY
The City adopted a comprehensive update to its Zoning Ordinance on July 16, 2024. The comprehensive update to the City’s Zoning Ordinance did not contain specific regulations governing the use and operation of mobile food trucks within the city. Following the adoption of the new Zoning Ordinance, staff have drafted a text amendment to provide an individual chapter regarding the regulation of mobile food trucks within the City. Approval of the proposed text amendment to the Zoning Ordinance would add these regulations.
BACKGROUND
As discussed above, the City recently adopted a new comprehensive Zoning Ordinance. The newly adopted Zoning Ordinance currently allows mobile food trucks under a Temporary Use Permit (see Fowler Municipal Code [“FMC”] § 9.100.020) but it does not provide specific regulations for the use and operation of mobile food trucks. As proposed, Zoning Text Amendment No. 24-30 (“Project”) would introduce a new Chapter to Title 9 of the Fowler Municipal Code (“Zoning Ordinance”) in order to provide regulations specific to the use and operation of mobile food trucks within the City.
The Project would regulate the use and operation of mobile food trucks on privately owned parcels within the City. Any operation of mobile food trucks within the public right-of-way would be regulated by all applicable local, County, State, and federal laws and regulations, including the Health and Safety Code, Streets and Highways Code, and Vehicle Code.
In addition to adding Chapter 9.217 to the Zoning Ordinance, the Project would amend Fowler Municipal Code sections 9.120.030, 9.125.030, 9.130.030, 9.135.030, and 9.140.030 in order to reflect the manner in which mobile food trucks may be permitted within the various zone districts throughout the City. Additionally, Fowler Municipal Code sections 9.240.070 and
9.240.140 would be amended to add definitions for “Food Trucks” and “Mobile Food Trucks”. 68 Section 7, Item 7G.
If the Project is approved, mobile food trucks would be a regulated use within the City on privately owned parcels, allowed pursuant to the amended allowed uses and approval requirements table for each respective zone district.
Pursuant to FMC Table 9.30.090-1, at a regular meeting on October 3, 2024, the Planning Commission made a recommendation to the City Council to find that the Project is exempt from further environmental analysis and to approve the Project.
At a regular meeting of the City Council on November 19, 2024, the Council heard the item, voting unanimously (4-0) to waive the first reading of Ordinance No. 2024-05 and to approve Zoning Text Amendment No 24-30, modifying proposed Section 9.217.040(B) to require a Major Conditional Use Permit for the grouping of food trucks in a common location, rather than by Director approval. Additionally, the Council voted to modify proposed Section 9.217.030(A), requiring that food trucks operating for events longer than 30 days be approved via a Major Conditional Use Permit, rather than a Ministerial Plan Review. Corresponding clean up revisions were made to align with this modification in other places of the proposed text.
Ordinance No. 2024-05, attached hereto as Attachment 1, has been updated to reflect these changes.
Zoning Text Amendment Findings (FMC § 9.110.070):
Prior to approving an application for a Zoning Code Amendment, the approving authority is required to make all of the following findings:
1. The Zoning Code or Zoning Map Amendment is consistent with the intent of the goals and policies of the General Plan.
Zoning Text Amendment No. 24-30 is consistent with the City’s General Plan and will align with its goals and policies. Regulation of mobile food trucks within the city will ensure compatibility with other lands uses, while also furthering economic development within the city.
2. The Zoning Code or Zoning Map Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
Zoning Text Amendment No. 24-30 would result in increased regulations for food trucks within the City. Such increased regulation of this use will encourage compatibility with other uses within the City.
3. The Zoning Code or Zoning Map Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
Zoning Text Amendment No. 24-30 would not infringe on property development rights.
Zoning Text Amendment No. 24-30 would also not have an impact on sensitive land uses and species.
4. The Zoning Code or Zoning Map Amendment ensures protection of the general health, safety, and welfare of the community.
69 Section 7, Item 7G.
Zoning Text Amendment No. 24-30 would serve to better regulate mobile food trucks within the City, a use that is already occurring and will likely increase in the future.
Zoning Text Amendment No. 24-30 would not conflict with protection of the general health, safety, and welfare of the community.
PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on November 8, 2024, which is at least ten (10) days prior to the public hearing.
ENVIRONMENTAL REVIEW
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA (Pub.
Res. Code § 21000, et seq.; Cal. Code Regs. Tit. 14, § 15000, et seq. [“CEQA Guidelines”].) Zoning Text Amendment No. 24-30 qualifies as a “project” under CEQA because it involves the “enactment and amendment of zoning ordinances,” as described in CEQA Guidelines section 15378, subdivision (a)(1).
The second step is to determine whether the Project is exempt from further environmental review by a statutory or categorical exemption. While the Project meets the qualifications to be considered a “project” under CEQA, this amendment to the City’s Zoning Ordinance would have no potential for causing a significant effect on the environment. In cases where it can be determined with certainty that a project will not cause a significant impact to the environment, such actions are exempt from further environmental analysis under CEQA Guidelines Section 15061, subdivision (b)(3), commonly referred to as the “Common Sense Exemption”. If the Project is approved, a Notice of Exemption for Zoning Text Amendment No. 24-30 will be filed with the County Clerk and the State Clearinghouse.
GENERAL PLAN CONSISTENCY
This Project is consistent with the following General Plan goals and policies:
General Plan Policy CDES-18
New commercial projects are designed in such a way that they enhance Fowler’s character.
General Plan Policy CH-11
Encourage farmers’ markets as a means of providing fresh fruit and vegetables to the community.
General Plan Goal ED-1
Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.
General Plan Policy ED-5
Discourage passive land uses, underutilization of land, and vacant structures on available commercial sites.
General Plan Policy ED-14
Facilitate the development of businesses that contribute to Fowler’s Economic Development Goals established through the General Plan or the Economic Development Strategy, which, along with the provision of affordable housing, creates a pleasing place to live and work. 70 Section 7, Item 7G.
FISCAL IMPACT
The Project would result in regulations that would encourage mobile food trucks to operate throughout the City. Applications resulting from this Zoning Text Amendment would result in the collection of fees in accordance with the most current Planning fee schedule at the time that such application is received by the City.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Attachment 1: Ordinance No. 2024-05
71 Section 7, Item 7G.
Attachment 1: Ordinance No. 2024-05
72 Section 7, Item 7G.
ORDINANCE NO. 2024-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER TO ADD CHAPTER 9.217 TO ARTICLE 5 OF TITLE 9 OF THE FOWLER MUNICIPAL CODE AND TO AMEND FOWLER MUNICIPAL CODE SECTIONS 9.120.030, 9.125.030,
9.130.030, 9.135.030, 9.140.030, 9.240.070, AND 9.240.140 REGARDING THE
REGULATION OF MOBILE FOOD TRUCKS IN THE CITY OF FOWLER
WHEREAS, on July 16, 2024, the City Council of the City of Fowler adopted Ordinance No. 2024-03, adopting a new comprehensive Zoning Ordinance; and WHEREAS, within the new comprehensive Zoning Ordinance food trucks are listed as a use allowed with approval of a Temporary Use Permit; and WHEREAS, the new comprehensive Zoning Ordinance does not provide specific regulations for the use and operation of food trucks within the City; and WHEREAS, the City has now proposed Zoning Text Amendment No. 24-30 (described herein) to amend Article 5 of Title 9 of the Fowler Municipal Code (Zoning Ordinance) by adding Chapter 9.217, to regulate food trucks within the City; and WHEREAS, Fowler Municipal Code Sections 9.120.030, 9.125.030, 9.130.030,
9.135.030, and 9.140.030 would also be amended in order to reflect the manner in which food trucks may be permitted within the various zone districts throughout the City; and WHEREAS, Fowler Municipal Code sections 9.240.070 and 9.240.140 would be amended in order to add definitions for “Food Trucks” and “Mobile Food Trucks”; and WHEREAS, at a regular meeting on Thursday, October 3, 2024, at 6:30pm, the Fowler Planning Commission conducted a public hearing to consider Zoning Text Amendment No. 24-30 and adopted Resolution No. 706, recommending that the City Council find that the Project be exempt from further environmental analysis and approve Zoning Text Amendment No. 24-30; and WHEREAS, at a regular meeting on Tuesday, November 19, 2024, at 6:00pm, the Fowler City Council conducted a public hearing to consider Zoning Text Amendment No. 24-30; and WHEREAS, notice of said public hearing was published in the Friday, November 8, 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 November 19, 2024, including oral and written public testimony on the project, and which is herein incorporated by this reference, regarding recommending approval of Zoning Text Amendment No. 24-30 as described herein (“Administrative Record”).
73 Section 7, Item 7G.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that Zoning Text Amendment No. 24-30 is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to the “common sense” exemption under CEQA Guidelines section 15061, subdivision (b)(3).
SECTION 2. The City Council makes the following findings pursuant to Fowler Municipal Code section 9.110.070:
a. Zoning Text Amendment No. 24-30 is consistent with the intent of the goals and policies of the General Plan.
b. Zoning Text Amendment No. 24-30 prescribes reasonable controls and standards to ensure compatibility with other established uses.
c. Zoning Text Amendment No. 24-30 provides reasonable property development rights while protecting environmentally sensitive land uses and species. d. Zoning Text Amendment No. 24-30 ensures protection of the general health, safety, and welfare of the community.
SECTION 3. Chapter 9.217 is hereby added to Article 5 of Title 9 of the Fowler Municipal Code, to read as follows:
CHAPTER 9.217 MOBILE FOOD TRUCKS
A. 9.217.010 Purpose...............................................................................Error! Bookmark not defined.
B. 9.217.020 Applicability.........................................................................Error! Bookmark not defined.
C. 9.217.030 Permit Required..................................................................Error! Bookmark not defined.
D. 9.217.040 Standards............................................................................Error! Bookmark not defined.
9.217.010 Purpose
The purpose of this Chapter is to establish regulations for the operation of mobile food truck uses within the City. The intent of the standards is to regulate these uses for compatibility with surrounding uses. For the purposes of this Chapter and any other chapter provided in this Title “food trucks” and “mobile food trucks” shall be used interchangeably, having the same meaning.
9.217.020 Applicability
A. The regulations and standards contained in this Chapter shall apply to those uses expressly identified as subject to this Chapter in the tables of allowed uses and approval requirements 74 Section 7, Item 7G.
contained in Article 3 (Zones) of this Title. The requirements contained within this Chapter relate specifically to the operation of a food truck operating on private property within the City. Private property shall mean any privately owned parcel, or contiguous grouping thereof, exclusive of public right-of-way.
B. Food trucks operating in the public right-of-way are not subject to the requirements of this Chapter but shall comply with all applicable local, County, State, and federal regulations governing such operations, including the California Health and Safety Code, Streets and Highways Code, and California Vehicle Code.
C. Notwithstanding subdivision (B) of this Section, all food trucks operating within the City are still required to obtain and maintain a current business license in accordance with Chapter 1 of Title 3 of the Fowler Municipal Code, and no food truck shall operate within any residential zone except as otherwise provided by the Fowler Zoning Ordinance.
9.217.030 Permit Required
A. Conditional Use Permit Required. No food truck shall operate without approval of a Major Conditional Use Permit (Chapter 9.35, Conditional Use Permit) for events lasting thirty (30) or more consecutive days. Additionally, no food truck shall sell alcohol without first obtaining a Conditional Use Permit.
B. Temporary Use Permit Required. The City may issue a Temporary Use Permit (Chapter 9.100, Temporary Use Permit) for a single event lasting no more than two (2) consecutive days per month, up to a maximum of twelve (12) days per calendar year.
C. Exemption for Private Events. Temporary Use Permits and Conditional Use Permits are not required for private events lasting no longer than one day. A “private event” shall mean an event that is not open to the general public, does not charge an entry fee, and which is located entirely within the boundaries of a privately owned property. However, food trucks at private events shall comply with all standards of Section 9.217.040 of this Chapter, except where specifically noted otherwise.
9.217.040 Standards
A. Operational Requirements.
1. Written authorization of the property owner to operate a food truck on-site shall kept onsite and shall be made available upon request.
2. Mobile food trucks must prominently display a current City business license, Fresno County Department of Public Health permits, and any other required permits or approvals. 75 Section 7, Item 7G.
3. No vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. Through the required permit process, the Director may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location.
4. Food trucks shall not offer drive-up or drive-through services.
B. Location Standards
1. Food trucks shall not be located within any required building setback or within the required clear site triangle, impede vehicular and pedestrian circulation, or prevent parking in a space required for the site.
2. No food truck shall locate within three hundred (300) feet of any other food truck during operating hours, unless located on a separate parcel, except that the required permit may allow for groupings of food trucks of a size deemed appropriate by the Director. The desired grouping size and location of food trucks should be requested at the time of application submittal.
3. Food trucks shall not be located on an unimproved surface, as determined by the City Engineer, or on a surface that would cause unsafe conditions during operation.
C. Development Standards
1. Mobile food truck vendors must provide visible trash and recycling receptacles for use by customers. Trash and recycling receptacles shall be emptied to ensure that capacity remains available during hours of operation.
2. The vendor shall regularly pick up and dispose of all trash and recycling items not contained within the designated receptacles within fifty (50) feet of the food truck operation.
Regularly means not less than every one hour. For vendors that operate less than one hour at a location, the vendor shall pick up and dispose of all trash and recycling items prior to leaving the location.
3. Lighting of the mobile food truck and surrounding area shall be provided in accordance with Chapter 9.170 (Outdoor Lighting Standards). This requirement shall not apply to private events.
4. Food trucks shall provide one (1) parking space for each two hundred (200) square feet of operational area, inclusive of the food truck and any seating area serving the food truck.
This requirement shall not apply to private events.
SECTION 4. Fowler Municipal Code Section 9.120.030 is hereby amended to add the following row to Table 9.120.030-1, according to the service type and by alphabetical order:
76 Section 7, Item 7G.
Allowed Use R R-MP RM
Additional
Requirements
Retail
Mobile Food Truck4-- -- --
4 Mobile Food Trucks may be allowed within residential zone districts for single events with approval of a Temporary Use Permit. Approval of a Temporary Use Permit within residential zone districts for single events, as described in Chapter 9.217, are limited to properties zoned residential, but developed with a non-residential use, or that are currently vacant.
SECTION 5. Fowler Municipal Code Section 9.125.030 is hereby amended to add the following row to Table 9.125.030-1, according to the service type and by alphabetical order:
Allowed Use C1 C2 C3
Additional
Requirements
Retail Trade
Mobile Food Truck4 Major C Major C Major C
4 Mobile Food Trucks may be allowed within via a Temporary Use Permit for single events, according to Chapter 9.217.
SECTION 6. Fowler Municipal Code Section 9.130.030 is hereby amended to add the following row to Table 9.130.030-1, according to the service type and by alphabetical order:
Allowed Use M-P M-1 M-2
Additional
Requirements
Retail Trade
Mobile Food Truck1 Major C Major C Major C
1 Mobile Food Trucks may be allowed within via a Temporary Use Permit for single events, according to Chapter 9.217.
SECTION 7. Fowler Municipal Code Section 9.135.030 is hereby amended to add the following row to Table 9.135.030-1, according to the service type and by alphabetical order:
Allowed Use O PF
Additional
Requirements
Retail
Mobile Food Truck1 Major C Major C
1 Mobile Food Trucks may be allowed within via a Temporary Use Permit for single events, according to Chapter
9.217.
SECTION 8. Fowler Municipal Code Section 9.140.030 is hereby amended to add the following row to Table 9.140.030-1, according to the service type and by alphabetical order:
Allowed Use FBC
Additional
Requirements
Retail Trade
Mobile Food Truck4 Major C
4 Mobile Food Trucks may be allowed within via a Temporary Use Permit for single events, according to Chapter 9.217.
SECTION 9. Fowler Municipal Code Section 9.240.070 is hereby amended to add the following definition, inserted according to alphabetical order:
77 Section 7, Item 7G.
Food Truck. A food truck is a large, motorized vehicle (such as a van or multi-stop truck) or trailer equipped to store, transport, cook, prepare, serve, and/or sell food.
SECTION 10. Fowler Municipal Code Section 9.240.140 is hereby amended to add the following definition, inserted according to alphabetical order:
Mobile Food Truck. See definition for “Food Truck” as provided in section 9.240.070 above.
SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Fowler hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 12. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 13. 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. 78 Section 7, Item 7G.
* * * * * * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council held on the ___ day of ______ 2024, and was adopted at a regular meeting of said Council held on the _____ day of _____ 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
79 Section 7, Item 7G.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE Amendment 1 to the Well No. 9 Drought Resiliency Project Agreement for a Time Extension and Authorize the Interim City Manager to Execute the Amendment
EXECUTIVE SUMMARY
Staff recommends approval of Amendment 1 to the Well No. 9 Drought Resiliency Project Agreement and authorization for the Interim City Manager to execute the amendment, which extends the funding deadline.
BACKGROUND
On February 24, 2023, the City entered into a grant Funding Agreement No. 4600015027 with the Department of Water Resources Small Community Drought Relief Program for the design and construction of Well No. 9, located on the west side of State Route 99. This new groundwater well is expected to enhance drought resiliency by producing a minimum output of 1,200 gallons per minute. The grant funding will also cover costs associated with necessary piping and a backup generator. The new well will connect to the water main running along the frontage of the well site.
The original grant agreement required all project work to be completed by December 31, 2024, with reimbursement requests submitted no later than March 31, 2025. Amendment 1 proposes extending the project completion date to December 31, 2025, and the reimbursement request deadline to April 30, 2026.
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:
80 Section 7, Item 7H.
Policy PF-16
Design and construct water system infrastructure as needed to meet current and future water demands and system requirements
FISCAL IMPACT
This amendment allows the construction of Well 9 to be constructed with the DWR drought
PROCUREMENT PROCESS
No procurement is associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- February 24, 2023, Fully Executed Funding Agreement
- Amendment 1
81 Section 7, Item 7H.
Grant Agreement No. 4600015027
STATE OF CALIFORNIA
CALIFORNIA NATURAL RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
AGREEMENT NUMBER: 4600015027
FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
AND
CITY OF FOWLER
FOR THE
CITY OF FOWLER DROUGHT RESILIENCY PROJECT
A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM
FUNDED BY
THE BUDGET ACT OF 2021 AS AMENDED
(STATS. 2022, ch. 44, § 25)
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 82 Section 7, Item 7H.
Grant Agreement No. 4600015027
FUNDING AGREEMENT BETWEEN
THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND
CITY OF FOWLER
4600015027
SMALL COMMUNITY DROUGHT RELIEF PROGRAM
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR” and the City of Fowler, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1. PURPOSE. State shall provide funding pursuant to the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25), to the Grantee to assist in financing the City of Fowler Drought Resiliency Project (Project). By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by State, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by December 31, 2024, and no funds may be requested after March 31, 2025.
3. PROJECT COST. The reasonable cost of the Project is estimated to be $2,073,450.
4. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $2,073,450.
5. GRANTEE REQUIRED COST SHARE. Grantee agrees to fund the difference between the actual Project Cost in Paragraph 3 and the amount specified in Paragraph 4, if any.
6. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Funding Agreement until Grantee has satisfied the following conditions:
A. For the term of this Funding Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.”
B. Grantee submits all deliverables as specified in Paragraph 13 of this Funding Agreement and in Exhibit A.
C.Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State:
i. Final plans and specifications certified by a California Registered Civil Engineer as to compliance for the Project as listed in Exhibit A of this Funding Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Funding Agreement until the following actions are performed:
a. Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, and
b. Documents that satisfy the CEQA process are received by the State, and DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 83 Section 7, Item 7H.
Grant Agreement No. 4600015027
c. Grantee receives written concurrence from the State of the Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal.
State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations, or other mitigation. Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation.
7. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations pursuant to any federal statute or regulation. Any and all money disbursed to Grantee under this Funding Agreement shall be deposited in a separate account and shall be used solely to pay Eligible Project Costs.
8. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Work performed on the Project after April 29, 2022, shall be eligible for reimbursement.
Costs that are not eligible for reimbursement include, but are not limited to the following items:
A. Costs incurred prior to April 29, 2022.
B. Operation and maintenance costs, including post-construction performance and monitoring costs.
C. Purchase of equipment not an integral part of the Project.
D. Establishing a reserve fund.
E. Monitoring and assessment costs for efforts required after Project construction is complete.
F. Replacement of existing funding sources for ongoing programs.
G. Payment of federal or state taxes.
H. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.
I. Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).
J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to April 29, 2022.
K. Overhead and indirect costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 84 Section 7, Item 7H.
Grant Agreement No. 4600015027
assignable to the funded project (i.e., costs that are not directly related to the funded project).
Examples of Indirect Costs include but are not limited to: central service costs; general administration of the Grantee; non-project-specific accounting and personnel services performed within the Grantee’s organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition; conference fees; and, generic overhead or markup. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.
9. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 6 “Basic Conditions” are met, State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via US mail or Express mail delivery of a “wet signature” invoice, or an electronic invoice certified and transmitted via DocuSign for costs incurred, including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the Funding Agreement number. State will notify Grantee, in a timely manner, whenever, upon review of an Invoice, State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of ineligible or unapproved costs.
Invoices submitted by Grantee shall include the following information:
A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.
B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.
C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, timesheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 4, “Funding Amount” and those costs that represent Grantee’s costs, as applicable, in Paragraph 5, “Grantee Required Cost Share.” v. Invoices can be submitted by one of the following methods. a. Via email at [email protected]
b. Mail the invoice with the original “wet signature” to the following address: Josh Bannister, Department of Water Resources, South Central Region Office, 619 N.
Laverne Avenue, Suite 104, Fresno, CA 93727
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Grant Agreement No. 4600015027
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs/cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572- 1573; Pen. Code, §§ 115, 470, 487-489.)
10. WITHHOLDING OF DISBURSEMENTS BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Funding Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Funding Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, the portion that has been disbursed shall thereafter be repaid immediately as directed by State. State may consider Grantee’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 11, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this Paragraph, this Funding Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Funding Agreement and the Funding Agreement shall no longer be binding on either party.
11. DEFAULT PROVISIONS. Grantee will be in default under this Funding Agreement if any of the following occur:
A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations.
B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding.
C. Failure to operate or maintain the Project in accordance with this Funding Agreement.
D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.
E. Failure to submit timely progress reports.
F. Failure to routinely invoice State.
G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following:
A. Declare the funding disbursed be immediately repaid.
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 86 Section 7, Item 7H.
Grant Agreement No. 4600015027
B. Terminate any obligation to make future payments to Grantee.
C. Terminate the Funding Agreement.
D. Take any other action that it deems necessary to protect its interests.
In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
12. CONTINUING ELIGIBILITY. Grantee must meet the following ongoing requirement(s) to remain eligible to receive State funds:
A. Grantee must adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406) for data sharing, transparency, documentation, and quality control.
B. If the Grantee diverting surface water, the Grantee must maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et seq.
C. If applicable, maintain compliance with the Urban Water Management Planning Act (Wat. Code, § 10610 et seq.).
D. If applicable, maintain compliance with Sustainable Water Use and Demand Reduction requirements outlined in Water Code Section 10608, et seq.
E. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law.
The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
13. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager and shall be submitted via email or DWR’s “Grant Review and Tracking System” (GRanTS). If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Project Completion Report is a requirement for the release of any funds retained for such project.
A. Quarterly Progress Reports: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall be sent directly to the Project Manager via email or uploaded via GRanTS, and the State’s Project Manager notified of upload. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantee’s activities, milestones achieved, any DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 87 Section 7, Item 7H.
Grant Agreement No. 4600015027
accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than three months after the execution of the agreement with future reports then due on successive three-month increments based on the invoicing schedule and this date.
B. Project Completion Report: Grantee shall prepare and submit to State a Project Completion Report for the Project. Grantee shall submit the Project Completion Report within ninety (90) calendar days of project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the Project. The Project Completion Report shall also include, if applicable, certification of final project by a registered civil engineer, consistent with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer”. A DWR “Certification of Project Completion” form will be provided by the State.
14. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the Project, and shall ensure or cause the Project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”
15. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:
A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.
B. Any public or media event publicizing the accomplishments and/or results of this Funding Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least 14 calendar days prior to the event.
C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 88 Section 7, Item 7H.
Grant Agreement No. 4600015027
Grantee agrees to implement appropriate actions as directed by the State.
D. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way.
E. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.
16. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing. Notices may be transmitted by any of the following means:
A. By delivery in person.
B. By certified U.S. mail, return receipt requested, postage prepaid.
C. By “overnight” delivery service, provided that next-business-day delivery is requested by the sender.
D. By electronic means.
E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.
17. PERFORMANCE EVALUATION. Upon completion of this Funding Agreement, Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 89 Section 7, Item 7H.
Grant Agreement No. 4600015027
18. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:
Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
City of Fowler
Wilma Tucker
City Manager
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email:[email protected]
Direct all inquiries to the Project Manager:
Department of Water Resources
Josh Bannister
Water Resource Engineer
South Central Region Office
691 N. Laverne Ave, Suite 104
Fresno, CA 93727
Phone: (916) 820-7622
Email: [email protected]
City of Fowler
Dario Dominguez
Public Works Director
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email:[email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
19. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:
Exhibit A – WORK PLAN
Exhibit B – BUDGET
Exhibit C – SCHEDULE
Exhibit D – STANDARD CONDITIONS
Exhibit E – GRANTEE’S AUTHORIZING RESOLUTION
Exhibit F – REPORT FORMATS AND REQUIREMENTS
Exhibit G – STATE AUDIT DOCUMENT REQUIREMENTS
Exhibit H – INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE Exhibit I – APPRAISAL SPECIFICATIONS
Exhibit J – ADVANCE PAYMENT
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 90 Section 7, Item 7H.
Grant Agreement No. 4600015027
IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
______________________________
Arthur Hinojosa, Manager
Division of Regional Assistance
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel
CITY OF FOWLER
______________________________
Wilma Tucker, City Manager
Date__________________________
Date__________________________
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 2/24/2023
For
2/24/2023
2/24/2023
91 Section 7, Item 7H.
Grant Agreement No. 4600015027
Exhibit A
WORK PLAN
Project Title: City of Fowler Drought Resiliency Project Grantee: City of Fowler
Project Description: The Project is comprised of constructing a new well (Well 9) on the west side of the system and equipping it with necessary piping, a backup generator, and other appurtenances to improve water supply resiliency for the community, especially as water levels decline due to the current drought.
The Grantee’s water system has only one production well (Well 8) on the west side of State Route 99 (SR99) and three small diameter connection points from the west side of the system to the east side of the system where most of the supply sources are located. This water system functions, in some regards, as two separate components of the overall water system due to the minimal connectivity between the west and the east side of the Grantee’s water system.
Task 1 – Project Administration
This task includes project administration, invoicing, and reporting.
Project administration includes working with DWR to develop and execute the Funding Agreement, administration of the Project including overseeing the budget and schedule, making payments to engineers and contractors after inspections and/or approval of work, and other activities related to the completion of the Project. Administration includes attending weekly/monthly meetings (as needed) with DWR Project Manager and other meetings required with approval agencies.
Invoicing includes preparing and submitting invoices and appropriate backup documentation to the DWR Project Manager describing the work completed and listing the costs incurred during the billing cycle.
Reporting includes preparing and submitting progress reports to DWR. Prepare quarterly reports and submit them to DWR. Draft Project Completion Report and submit for DWR comment. Prepare final Project Completion Report incorporating DWR comments. All reports should be prepared as specified in Exhibit F of this Agreement.
Deliverables:
• Invoices and supporting documents
• Quarterly progress reports
• Draft Project Completion Report
• Final Project Completion Report
• Auditable Records
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 92 Section 7, Item 7H.
Grant Agreement No. 4600015027
Task 2 – CEQA Documentation and Permitting
This task includes completing the Environmental Information Form (EIF), preparing documentation to satisfy CEQA compliance, and obtaining permits for the Project. DWR will review CEQA documentation for concurrence prior to beginning construction. The Grantee is responsible for obtaining the permits needed for the Project.
Deliverables:
• Environmental Information Form
• Final CEQA documentation
• Copies of other necessary permits
Task 3 – Design and Engineering Services
This task includes preparing design documents to indicate the location of all proposed water system improvements including plans and specifications for Well 9 with a production capacity of approximately 1,200 gallons per minute, discharge piping, valves, and other appurtenances. This task also includes engineering services during bid solicitation and construction.
This task includes well site evaluation, schematic design, boundary and topographical survey, geotechnical investigation, final design, application for electrical service to the well site, construction documents (plans and specifications), and opinion of probable construction cost. This task will also include preparing bid documents, advertising for construction, and awarding construction contracts.
Once construction documents are finalized, the Grantee will solicit bids from qualified contractors for the construction of the Project.
Deliverables:
• Design documents
• Final design plans, specifications, and cost estimates • Copy of Bid Documents
• Proof of Advertisements
• Copy of awarded contracts
• Copy of Notices to Proceed
Task 4 – Construction
This task includes constructing Well 9 and other associated improvements. Construction will be divided into three components: (1) filling the existing storm drain pond; (2) drilling a pilot hole for water quality testing and constructing a production well; and (3) constructing well site improvements and equipping the well. The detailed construction activities are as follows. • Demolish, remove, and dispose of existing facilities inside the storm drain pond. • Backfill the storm drain pond with compacted fill material. • Drill pilot hole to conduct zone sampling for the final well design. • Construct production well after water quality test results are received.
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 93 Section 7, Item 7H.
Grant Agreement No. 4600015027
• Construct well site improvements including site grading, discharge piping, equipping the well, electrical equipment with enclosure, and fencing with access gates to protect the new well site. • Install a standby generator as a backup power supply.
This task also includes construction management, owner electrical utility service fees, environmental pre-construction surveys (if required), materials and water quality testing, and construction administration and review. In addition, this task will include engineering and surveying services during construction, including construction staking, submittal review, response to requests for information (RFI), periodic site visits, and preparation of as-built drawings.
Deliverables:
• Zone sampling test results
• Water quality analyses
• Well completion report
• Well logs
• Construction photos
• Certification of Project Completion
• As-built drawings
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 94 Section 7, Item 7H.
Grant Agreement No. 4600015027
Exhibit B
BUDGET
All work associated with the Project must be completed prior to payment of retention. The Grantee is required to maintain all financial documents related to the Project in accordance with Exhibit G (State Audit Document Requirements for Grantees).
Task Funding
Amount
Task 1 – Project Administration $51,900
Task 2 – CEQA Documentation and Permitting $54,600
Task 3 – Design and Engineering Services $362,200
Task 4 – Construction $1,604,750
Grand Total $2,073,450
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 95 Section 7, Item 7H.
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Exhibit C
SCHEDULE
Task Start Date End Date
Task 1 – Project Administration 4/29/2022 12/31/2024
Task 2 – CEQA Documentation and Permitting 11/30/2022 8/31/2023 Task 3 – Design and Engineering Services 11/30/2022 8/31/2023 Task 4 – Construction 8/1/2023 12/31/2024
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Exhibit D
STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds.
Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.
B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.
C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.
D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement:
“Funding for this project has been provided in full or in part from the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.
D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.
D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 97 Section 7, Item 7H.
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may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.
Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.
D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.
D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 11.
D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 98 Section 7, Item 7H.
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resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.
D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting.
D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void.
Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.
No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date, he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of the Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.
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D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.
D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory, State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.
D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the DrugFree Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by the Government Code section 8355.
B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.
C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract, or subcontract.
D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in the first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.
Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 100
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permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.
Failure to provide an easement acceptable to the State may result in termination of this Agreement.
D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.
D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:
A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).
B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.
C. Comply with all applicable California, federal, and local laws and regulations.
D. Implement the Project in accordance with applicable provisions of the law.
E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.
F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.
G. Be solely responsible for design, construction, and operation, and maintenance of the Project. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.
H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.
D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including any breach of this Agreement. Grantee shall require its contractors or subcontractors DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 101
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to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.
D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of the Grantee, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.
D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.
D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grantee. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.
D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.
D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C that concern the budget and schedule without formally amending this Funding Agreement. Nonmaterial changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Nonmaterial changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.
D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medical and family care leave or pregnancy disability leave.
Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 102
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harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.
D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.
D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.
D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representatives of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.
D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State.
The State will notify the Grantee stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.
D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 103
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Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.
D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this Paragraph for any public purpose.
D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.
D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:
A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.
D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.
D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.
D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.
D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.
D.42. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.
D.43. TIMELINESS: Time is of the essence in this Funding Agreement.
D.44. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement.
Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 104
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be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.
Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.
D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.
Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:
A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.
B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.
C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.
D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.
D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.
D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.
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Exhibit E
GRANTEE’S AUTHORIZING RESOLUTION
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Exhibit F
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.
1. PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information.
PROJECT STATUS
Describe the work performed during the time period covered by the report including but not limited to:
PROJECT INFORMATION
• Legal matters
• Engineering Evaluations
• Environmental matters
• Status of permits, easements, rights-of-way, rights of entry, and approvals as may be required by other State, federal, and/or local agencies • Major accomplishments during the quarter (i.e., tasks completed, milestones met, meetings held or attended, press releases, etc.)
• Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
• Describe differences between the work performed and the work outlined in the Overall Work Plan, including change orders
• Demonstrate financial ability to pay local cost share of Eligible Project Costs required to complete the Project
• Estimate the percentage completion of the overall project • Identify key issues that need to be resolved
• Photos documenting progress
COST INFORMATION
• Provide a list showing all project costs incurred during the time period covered by the report by the Grantee and each contractor working on the Project and which of these costs are Eligible Project Costs
• A discussion on how the actual budget is progressing in comparison to the project budget included in the Overall Work Plan
• A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Overall Work Plan • A discussion of whether there have been any changes to the Grantee’s finance plan for payment of the Grantee’s share of Eligible Project Costs DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 108
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SCHEDULE INFORMATION
• A schedule showing actual progress versus planned progress • A discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
• A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule
2. PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.
EXECUTIVE SUMMARY – Should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original application • Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
REPORTS AND/OR PRODUCTS – The following items should be provided • Final Evaluation report
• Electronic copies of any data collected, not previously submitted • As-built drawings
• Final geodetic survey information
• Self-Certification that the Project meets the stated goal of the funding agreement (e.g. 100- year level of flood protection, HMP standard, PL-84-99, etc.) • Project photos
• Discussion of problems that occurred during the work and how those problems were resolved
• A final project schedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS – A list showing:
• The date each invoice was submitted to State
• The amount of the invoice
• The date the check was received
• The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
• A summary of the payments made by the Grantee for meeting its cost sharing obligations under this Funding Agreement.
• A summary of final funds disbursement including:
o Labor cost of personnel of agency/ major consultant /sub-consultants. Indicate personnel, hours, rates, type of profession, and reason for consultant, i.e., design, CEQA work, etc.
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o Evaluation cost information, shown by material, equipment, labor costs, and any change orders
o Any other incurred cost detail
o A statement verifying separate accounting of funding disbursements • Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.
ADDITIONAL INFORMATION – Any relevant additional Information should be included.
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Exhibit G
STATE AUDIT DOCUMENT REQUIREMENTS
The following provides a list of documents typically required by State Auditors and general guidelines for Grantees. List of documents pertains to both State funding and Grantee’s Cost Share, if any, and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Grantees should ensure that such records are maintained for three (3) years after final disbursement pursuant to this Agreement.
State Audit Document Requirements
Internal Controls
1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).
2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State-funded Program/Project
3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.
4. Prior audit reports on the State funded Program/Project.
State Funding:
1. Original Funding Agreement, any amendment(s), and budget modification documents.
2. A listing of all grants, loans, or subventions received from the State.
3. A listing of all other funding sources for the Program/Project.
Contracts:
1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.
2. Contracts between the Agency and member agencies as related to the State-funded Program/Project.
Invoices:
1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.
2. Documentation linking subcontractor invoices to State reimbursement, requests, and related Funding Agreement budget line items.
3. Reimbursement requests submitted to the State for the Funding Agreement.
Cash Documents:
1. Receipts (copies of warrants) showing payments received from the State.
2. Deposit slips (or bank statements) showing deposits of the payments received from the State.
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3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.
4. Bank statements showing the deposit of the receipts.
Accounting Records:
1. Ledgers showing entries for funding receipts and cash disbursements.
2. Ledgers showing receipts and cash disbursement entries of other funding sources.
3. Bridging documents that tie the general ledger to requests for Funding Agreement reimbursement.
Administration Costs:
1. Supporting documents showing the calculation of administration costs.
Personnel:
1. List of all contractors and Agency staff that worked on the State funded Program/Project.
2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:
1. All supporting documentation maintained in the project files.
2. All Funding Agreement related correspondence.
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Exhibit H
INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee must provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents must be submitted within the term of this Funding Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
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Exhibit I
APPRAISAL SPECIFICATIONS
For property acquisitions funded this Funding Agreement, the Grantee must submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. All appraisal reports, regardless of report format, must include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report.
Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be narrative analysis regardless of the reporting format.
1. Title page with sufficient identification of appraisal assignment.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.
3. Table of contents.
4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.
6. Definition of Fair Market Value, as defined by Code of Civil Procedure, section 1263.320.
7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.
8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.
9. A legal description of the subject property, if available.
10.For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.
11.Three-year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.
12.Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive-habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the state. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.
13.Regional, area, and neighborhood analyses. This information may be presented in a summary format.
14.Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.
15.Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 114
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improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).
16.Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data must include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.
17.Subject property leasing and operating cost history, including all items of income and expense.
18.Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.
19.Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit.
Discuss the title exceptions and analyze the effect of title exceptions on fair market value.
20.For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing preproject levees that render the take area different from the larger parcel must be addressed in the valuation.
21.Opinion of highest and best use for the subject property, based on an in depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.
22.All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.
23.Map(s) showing all comparable properties in relation to the subject property.
24.Photographs and plat maps of comparable properties.
25.In depth discussion of comparable properties, similarities and differences compared to the subject, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties must include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.
26.Comparable data sheets.
a) For sales, include information on grantor/grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 115
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such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. b) For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c) For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements must be segregated from the land value.
27.For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.
28.For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.
29.There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber must be completed by a credentialed subject matter specialist.
30.For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.
31.Implied dedication statement.
32.Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.
33.Discussion of any departures taken in the development of the appraisal.
34.Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.
35.If applicable, in addition to the above, appraisals of telecommunication sites must also provide:
a) A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area.
b) An analysis of other (ground and vault) leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, backup power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.
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Grant Agreement No. 4600015027
Exhibit J
ADVANCE PAYMENT
Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:
A. If the Grantee is requesting the advanced payment, the request(s) shall include:
1. Descriptive information of each project with an update on project status
2. Description and documentation of the cash flow issues the Grantee has that requires funds to be advanced
3. The names of the entities that will receive the funding for each project
4. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds.
5. Any other information that DWR may deem necessary
B. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds.
Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.
C. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 18, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds. The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
1. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
2. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.”
3. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 117
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tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.
4. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:
i. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B. ii. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved. iii. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account. iv. Proof of distribution of advanced funds, if applicable.
D. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 9, “Method of Payment.”
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Agreement No. 4600015027Am. 1
FUNDING AGREEMENT NO. 4600015027
AMENDMENT 1
BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES
AND CITY OF FOWLER
A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM
PURSUANT TO
THE BUDGET ACT OF 2021 AS AMENDED (STATS. 2022, CH. 44, § 25)
FOR THE
CITY OF FOWLER DROUGHT RESILIENCY PROJECT
On February 24, 2023, the State of California, the Department of Water Resources (hereinafter called the State), and the City of Fowler (hereinafter called the Grantee) entered into Agreement No. 4600015027 (Agreement) for the purpose of assisting in the financing the City of Fowler Drought Resiliency Project (Project). On ________, the Agreement is hereby amended (Amendment 1) to update Paragraph 2, Term of Funding Agreement, to update Paragraph 9, Method of Payment, Paragraph 18, Project Representatives, and Schedule (Exhibit C).
The State and the Grantee hereby agree to the following modifications:
1. The last sentence in Paragraph 2 is replaced in its entirety with: However, all work shall be completed by December 31, 2025, and no funds may be requested after April 30, 2026.
2. Paragraph 9.C.v is replaced in its entirety with:
v. Invoices can be submitted by one of the following methods. a. Via email to the State’s Project Manager at [email protected] b. Mail the invoice with the original “wet signature” to the following address: Narges Abbasian Genaveh Department of Water Resources, South Central Region Office, 691 N. Laverne Avenue, Suite 104, Fresno, CA 93727
3. Paragraph 18 is modified to include the State’s new Project Manager’s information:
Direct all inquiries to the Project Manager:
Department of Water Resources
Narges Abbasian Genaveh
Engineer, Water Resources
South Central Region Office
691 N. Laverne Ave. Suite 104
Fresno, CA 93727
Phone: (559) 285-3479
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Email: [email protected]
4. Exhibit C (Schedule) is replaced in its entirety with the revised Exhibit C attached hereto.
All other terms and conditions of the original Agreement remain unchanged.
INWITNESS WHEREOF,the parties hereto have executed this Amendment.
STATE OF CALIFORNIA CITY OF FOWLER
DEPARTMENT OF WATER RESOURCES
_____________________________ ______________________________ Arthur Hinojosa, Manager Thomas Gaffery, City Manager
Division of Regional Assistance Email: [email protected] Date__________________________ Date __________________________ Approved as to Legal Form and Sufficiency:
_____________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel
Date__________________________
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Exhibit C
Schedule
Task Start Date End Date
Task 1 – Project Administration 04/29/2022 12/31/2025
Task 2 – CEQA Documentation and Permitting 11/30/2022 12/31/2025 Task 3 – Design and Engineering Services 11/30/2022 12/31/2025 Task 4 – Construction 08/01/2023 12/31/2025
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Section 7, Item 7H.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: THOMAS W. GAFFERY IV, Interim City Manager
SUBJECT: APPROVE a First Amendment to the Professional Services Agreement with Provost & Pritchard Consulting Group for the New Water Well No. 9 Project in the amount of $44,300 for additional environmental document preparation
EXECUTIVE SUMMARY
This action is necessary to expand the scope of the City’s current agreement with Provost & Prichard to provide for an addendum to the adopted Initial Study/Mitigated Negative Declaration (IS/MND) and preparation of a biological report pursuant to California Environmental Quality Act (CEQA) for the New Water Well No. 9 Project. This revised IS/MND will incorporate the Interconnection Project and ensure the IS/MND is consistent with the Project’s required NEPA document in order for EPA Community Grant funds to be used for the project.
BACKGROUND
The City was awarded a grant from the state Department of Water Resources through its Small Community Drought Relief Program for construction of a new municipal water supply well. The grant did not include the Interconnection Project, only the improvements to Fresno Street and South Avenue, and under State Route (SR) 99.
The City was later awarded an EPA Community Grant for the New Water Well No. 9 and Interconnection Project.
At its November 1, 2022 City Council meeting, a Professional Services Agreement was awarded to Provost & Pritchard Consulting Group for the New Well No. 9 Project. The Agreement included an Initial Study/Mitigated Negative Declaration (IS/MND) pursuant to California Environmental Quality Act (CEQA). The City of Fowler adopted the IS/MND on February 6, 2024. A Notice of Determination was filed with Fresno County Clerk on November 8, 2024.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
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ENVIRONMENTAL REVIEW
This action will allow the Consultant to perform an environmental document in accordance with the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Policy PF-16
Design and construct water system infrastructure as needed to meet current and future water demands and system requirements
FISCAL IMPACT
This scope of work is fully funded by the EPA Community Grant.
PROCUREMENT PROCESS
This action is being brought forward for Council consideration in accordance with the Purchasing Policy as the original Contract Services Agreement for Professional Services and was executed November 1, 2022, previously approved by City Council.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- First Amendment
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Section 7, Item 7I.
FIRST AMENDMENT TO THE NEW WELL NO. 9 AGREEMENT BETWEEN THE CITY OF
FOWLER AND PROVOST & PRITCHARD CONSULTING GROUP
A. The City of Fowler (“City”) desires modifications to the products and services beyond the scope of the Agreement between the City and Provost & Pritchard Consulting Group (“Consultant”) for Design & Engineering Services for the New Well No. 9 project, dated November 1, 2022 (“Agreement”).
B. The termination date as stated in Section 3 of the Agreement is hereby revised from December 31, 2024, to December 31, 2027.
C. An additional scope of work as further described in EXHIBIT A, authorizes Consultant to provide additional environmental document preparation. EXHIBIT A shall become a substantive part of the Agreement.
D. The total amount paid by the City to Consultant as stated in Section 4 of the Agreement is currently listed as Four Hundred Fifty-Three Five Hundred Thirty-One Dollars ($453,531). The total cost of the additional services described in EXHIBIT A, are Forty-Four Thousand Three Hundred Dollars ($44,300). Section 4 of the Agreement is hereby revised to an amount not to exceed Four Hundred Ninety-Seven Thousand Eight Hundred Thirty-One Dollars ($497,831).
E. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have entered into this Amendment on December 17, 2024.
PROVOST & PRITCHARD CITY OF FOWLER
CONSULTING GROUP
__________________________
Mathew Kemp Thomas W. Gaffery IV
Chief Strategic Officer Interim City Manager
Date: Date:
455 West Fir Avenue 128 South 5th Street
Clovis, CA 93611 Fowler, CA 93625
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Section 7, Item 7I.
400 E Main St, Ste 300 •Visalia, CA 93291 • (559) 636-1166 www.provostandpritchard.com
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID
EXHIBIT A
SCOPE & BUDGET CHANGE/PHASE AMENDMENT
To: Thomas Gaffery, IV
City of Fowler Email: [email protected]
CC: Email:
From: Amy Wilson, Senior Environmental Planner Date: December 10, 2024 Subject: City of Fowler Design and Engineering Services for the New Water Well No. 9 Project - Amendment No. 2 COMMENTS:
A contract amendment is hereby submitted to the City of Fowler Design and Engineering Services for the New Water Well No. 9 Project (Job No. 2619-22-024) to incorporate the changes discussed below. This contract amendment is subject to the same terms and conditions of the original agreement for the project dated November 1, 2022 .
PHASE BIO – BIOLOGICAL EVALUATION
We would review relevant background information, perform a reconnaissance-level field survey of the project area, and prepare a Biological Evaluation Report. The report would analyze potential project-related impacts to special status species, habitats, and other sensitive biological resources, prescribe mitigation measures to reduce the potential of project-related impacts to a less-than-significant level, and be consistent with CEQA standards and state and federal laws.
DELIVERABLE:
• Biological Evaluation Report
PHASE ADD – ENVIROMENTAL ADDENDUM
Provost & Pritchard will prepare an Administrative Draft Addendum to the adopted IS/MND, including the revised findings as appropriate in accordance with CEQA Section 15091. This will include a cultural survey and report to cover the additional project areas, approximately 4,724 LF of pipeline from the Well 9 site, to jack and bore under State Route 99, and approximately 3,481 LF of pipeline from the Well 9 site, heading north along Standford Avenue, then turning east along W. Fresno Street. The Administrative Draft Addendum will be submitted to City staff for review and comment. The City will provide the Provost & Pritchard team with one consolidated, internally consistent set of comments on the Administrative Draft Addendum for review and revision. Provost & Pritchard will revise the Administrative Draft Addendum based on City comments received and prepare a Revised Administrative Draft Addendum. The City will provide the Provost & Pritchard team with one consolidated, internally consistent set of comments on the Revised Administrative Draft Addendum for review and revision.
DELIVERABLE:
• Addendum to the IS/MND
The signature below hereby authorizes a change in the time and materials budget for additional Phases BIO and ADD:
PHASE AMENDMENT
Additional Phases Fee
BIO $8,800
ADD $35,500
Increase in Budget: $44,300
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Section 7, Item 7I.
City of Fowler December 10, 2024
City of Fowler Design and Engineering Services for the New Water Well No. 9 Project - Amendment No. 2 Page 2 of 2 Job No.: 2619-22-024
C:\Users\tgaffery\Desktop\2_City of Fowler Well No. 9_Amendment No. 2.docx
EXHIBIT A
SCHEDULE
Once we receive an executed copy of this Amendment and are authorized to proceed, we can prepare the Addendum for initial submittal in approximately six months. Agency review time is beyond our control. If an additional submittal is required after initial review, we will be prepared to re-submit four weeks after we receive agency comments.
ADDITIONAL SERVICES
The following services are not included in this amendment, however, these and others can be provided at additional cost, upon request.
• Other pre-construction and/or post-construction biological surveys. • Biological construction monitoring.
• Worker Environmental Awareness Program (WEAP) Training. • Focused special status species surveys.
• Consultation with the California Department of Fish and Wildlife. U.S. Fish and Wildlife Service, or other agencies.
Please sign, date and return to Amy Wilson at Provost & Pritchard Consulting Group by emailing [email protected].
Client: City of Fowler Provost & Pritchard Engineering Group, Inc. dba Provost & Pritchard Consulting Group
By: By:
Name/Title: Thomas W. Gaffery, IV
Interim City Manager Name/Title: Matthew KempChief Strategic Officer Date Signed: Date Signed:
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Section 7, Item 7I.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2025
FROM: YVONNE HERNANDEZ, Recreation and Senior Center Supervisor SUBJECT: APPROVE 2025 Community Events Calendar
EXECUTIVE SUMMARY
This action approves the 2025 community events calendar and identifies which events are City sponsored.
BACKGROUND
Staff continue to develop an integrated events management process between Public Works, the Police Department, Senior/Recreation, and City Administration. The calendar of events identifies City-sponsored and community events planned or anticipated during the 2025 calendar year.
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.
GENRAL PLAN CONSISTENCY
This action is consistent with:
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
General Plan Policy ED-12
Support the development of civic amenities, including community entertainment venues, community events, and other opportunities that increase quality of life, visitation, and position Fowler as a center for recreation and entertainment in Fresno County 127
Section 7, Item 7J.
FISCAL IMPACT
All staff costs incurred by the event will be absorbed by each individual department.
PROCUREMENT PROCESS
No procurement is associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- 2025 Community Events Calendar
128
Section 7, Item 7J.
Date Activity City Event Facilities Road Closure
TBD California Arbor Week Y TBD TBD
Saturday, March 22, 2025 Easter Egg Hunt Y Panzak Park Merced St bet 2nd & 3rd TBD Mayors Breakfast Y TBD None
Saturday, April 12, 2025 Spring Fest Y Panzak Park Merced St bet 4th &2nd Saturday, May 3, 2025 Pancakes and Pets Y Fowler High None Friday, July 4, 2025 Fabulous 4th of July Y Panzak Park 2nd bet Merced/Tuol.
Wednesday Aug 6-Oct 22, 2025 Wednesday Night at the Park Y Panzak Park 2nd bet Merced/Tuol.
Saturday, September 27, 2025 Pharohs Car Club of Fowler N Panzak Park Merced fr 1st to 5th (based on
entries, soft closure at
4th/Merced intersection), 2nd
& 3rd bet Merced/Tuol.
Saturday, October 4, 2025 Lions Club Fall Fest N Panzak Park 6th fr Merced to Tuol.; Merced
fr 6th to 1st; 3rd fr Tuol. to
Merced; 2nd fr Tuol. to
Merced; 1st fr Merced to Main
Saturday, October TBD, 2025 Jr High Band Review N Panzak, Sr Center 6th fr Merced to Main; Merced
fr 6th to 2nd; Main fr 3rd to
6th; 3rd fr Tuol. To Fresno; 2nd
fr Tuol. to Main; Walter fr
Fresno to Temperance
Wednesday Oct 29, 2025 Trunk or Treat Y Panzak Park Merced from 2nd to 4th 2025 City of Fowler Community Events Calendar
1/2 129
Section 7, Item 7J.
Date Activity City Event Facilities Road Closure
2025 City of Fowler Community Events Calendar
TBD Sikh Parade N Donny Wright TBD, west of 99 to DW Park Tuesday Nov 11, 2025 Veterans Day Event N Veterans Park 1st/Merced triangle Wednesday, December 3, 2025 Christmas on Merced Y Downtown Merced St from 5th/6th Alley
to 7th St; 6th St from Main to
Tuolumne
Monday, December 15, 2025 Childrens Shopping Day Y TBD TBD 2/2 130
Section 7, Item 7J.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2758, A Resolution of the City Council of the City of Fowler Declaring Results of Municipal Election Held on November
EXECUTIVE SUMMARY
Approval of Resolution No. 2758 will declare the results of the Municipal election held on November 5, 2024.
BACKGROUND
As previously requested by the City Council, the City of Fowler municipal election was consolidated with the statewide general election and the Fresno County Clerk/Registrar of Voters conducted the consolidated election including the municipal election. The municipal election included the election of three City Council members for a full term of four years. The official canvass of ballots cast for the November 5, 2024, Consolidated Statewide General Election, including the City’s municipal election, has been completed by the Fresno County Clerk/Registrar of Voters in accordance with applicable provisions of the California Elections Code.
Attached for Council’s review is a copy of the Fresno County Clerk/Registrar of Voters Statement of Votes Cast certifying the results of the canvass, and the certification from the City Clerk as required by Elections Code Section 10262(b).
The City Council is required by Elections Code Section 10263 to declare the results of the election before the new Councilmembers can be sworn into office.
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.
131
Section 9, Item 9A.
FISCAL IMPACT
There is no fiscal impact associated with this action.
PROCUREMENT PROCESS
This action is not associated with the procurement process.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2758
- Exhibit A – Certification of Election Results Declaration of Election Official, Certificate of County Clerk to Results of the Canvass, Three (3) Certificates of Election 132
Section 9, Item 9A.
1 RESOLUTION NO. 2758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER DECLARING RESULTS OF MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, a municipal election for the purpose of electing three (3) Councilmembers to fill terms expiring in November 2024, was duly consolidated with the Statewide General Election held on Tuesday, November 5, 2024; and
WHEREAS, notice of said election was duly and regularly given in time, form, and manner as provided by the law; that voting precincts were properly established and said election was held in all respects as if there were one election, and only one form of ballot was used; and WHEREAS, the Fresno County Clerk/Registrar of Voters canvassed the returns of the election in the form and manner required by law and has certified the results and provided the Statements of Votes Cast at the Election in the City of Fowler and Certificate of County Clerk to Results of the Canvass (“Statement”) to the Fowler City Clerk as the City’s election official in accordance with Elections Code Section 10262(b) and the Fowler City Council, and said results are received and attached hereto as Exhibit “A”, and incorporated by reference and the Fowler City Clerk has certified the results of the election as reflected in the certification included as part of Exhibit “A”, attached hereto and incorporated by reference; and WHEREAS, the Council of the City of Fowler met at the Council Chamber thereof in the City Hall in the City of Fowler on Tuesday, December 17, 2024, at the hour of 6 o’clock p.m. of said day to examine the returns of said election and declare the results of the said election having been canvassed by the Fresno County Clerk who was retained by said City Council to conduct the said general election pursuant to the previsions of the Election Code of the State of California, and said Fresno County Clerk having canvassed said returns in the form and manner required by law and having submitted to the City Council their certificate as to the results of the canvass of said general municipal election, the Council find the whole number of votes cast, the names of the persons voted, for and all other matters required by law to be as hereinafter stated:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as follows:
1. The general municipal election was consolidated with a statewide general election held and conducted in the City of Fowler on Tuesday, the 5th of November 2024, in the time, form, and manner required by law.
2. There was a total of one (1) voting precinct, with the polling place, voting booths and elections officers at the same as provided for said statewide general election in the City of Fowler.
3. The total ballots cast in said general municipal election were 2,317; that the said ballots were cast by vote by mail ballot or at a voting precinct, for the persons, in total numbers as set forth on the certificate of said Fresno County Clerk, a copy of which is attached hereto as Exhibit A.
4. At said general municipal election, Karnig Ronald Kazarian, Juan A. Mejia and Daniel Parra were elected Councilmembers of the City of Fowler for the full term of four (4) years.
133
Section 9, Item 9A.
2 5. In accordance with Elections Code section 10264, The City Clerk shall enter on the Records of the City of Fowler the Statement of the results of the election attached hereto as Exhibit A, showing the following;
1) The whole number of votes cast in said City of Fowler for Councilmember; 2) The names of the persons voted for;
3) The office of which each person was voted for;
4) The number of votes given at the precinct to each person; 5) The number of votes given in the City of each person.
6. A “CERTIFICATE OF ELECTION” shall be executed and delivered to the Councilmembers elected at said election. The City Clerk shall administer to said Councilmembers so elected the oath of office prescribed in the State Constitution, and have them subscribe thereto, whereupon they shall be inducted into the office to which they have been elected.
7. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the official record of the City.
The foregoing resolution was duly ADOPTED this 17th day of December 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
134
Section 9, Item 9A.
135
Section 9, Item 9A.
136
Section 9, Item 9A.
Precinct Registered
Voters Voters Cast % Turnout
County
Electionwide
0000458
Vote Center 4,201 715 17.02%
Vote by Mail 4,201 2,317 55.15%
Total 4,201 3,032 72.17%
Electionwide - Total 4,201 3,032 72.17%
County - Total 4,201 3,032 72.17%
Vote Center 4,201 715 17.02%
Vote by Mail 4,201 2,317 55.15%
FRESNO COUNTY
CONSOLIDATED GENERAL ELECTION
NOVEMBER 5, 2024
STATEMENT OF VOTES
Page: 1 of 4 12/4/2024 1:56:18 PM
137
Section 9, Item 9A.
Fowler City Council (Vote for 3) **** - Insufficient Turnout to Protect Voter Privacy Precinct
Times CastRegistered VotersUndervotesOvervotes
County
Electionwide
0000458
Vote Center 715 4,201 706 0
Vote by Mail 2,317 4,201 1,814 21
Total 3,032 4,201 2,520 21
Electionwide - Total 3,032 4,201 2,520 21
County - Total 3,032 4,201 2,520 21
Precinct
LUIS F. DAMIANJUAN A. MEJIA
County
Electionwide
0000458
Vote Center 166 11.54% 266 18.49%
Vote by Mail 664 12.98% 962 18.80%
Total 830 12.66% 1,228 18.73%
Electionwide - Total 830 12.66% 1,228 18.73%
County - Total 830 12.66% 1,228 18.73%
Page: 2 of 4 12/4/2024 1:56:18 PM
138
Section 9, Item 9A.
Precinct
PATRIC JONESMARK RODRIQUEZDANIEL PARRAC. TERESA VEGADE CABRERAKARNIG RONALD KAZARIANWrite-inTotal VotesUnresolvedWrite-In County
Electionwide
0000458
Vote Center 219 15.22% 172 11.95% 222 15.43% 178 12.37% 216 15.01% 0 0.00% 1,439 0 Vote by Mail 769 15.03% 553 10.81% 806 15.75% 521 10.18% 841 16.44% 0 0.00% 5,116 0 Total 988 15.07% 725 11.06% 1,028 15.68% 699 10.66% 1,057 16.13% 0 0.00% 6,555 0 Electionwide - Total 988 15.07% 725 11.06% 1,028 15.68% 699 10.66% 1,057 16.13% 0 0.00% 6,555 0 County - Total 988 15.07% 725 11.06% 1,028 15.68% 699 10.66% 1,057 16.13% 0 0.00% 6,555 0 Page: 3 of 4 12/4/2024 1:56:18 PM
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140
Section 9, Item 9A.
141
Section 9, Item 9A.
142
Section 9, Item 9A.
143
Section 9, Item 9A.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: INTRODUCTION of Ordinance 2024-06 amending Article 5 of Title 9 of the Fowler Municipal Code adding Chapter 9.216 and amending Sections 9.120.030, 9.125.030, 9.160.080, 9.175.040,
9.240.060, 9.240.070, and 9.240.130 regarding regulations relating to housing
EXECUTIVE SUMMARY
The City adopted a comprehensive update to its Zoning Ordinance on July 16, 2024. City staff is presenting an ordinance amendment that will amend the new Citywide Zoning Code to comply with the recently-adopted Housing Element.
BACKGROUND
As discussed above, the City adopted its comprehensive zoning code in July of this year. The Code update was focused 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. After the adoption of the zoning code the City completed the final version of the Housing Element. This has resulted in some necessary amendments to the recently adopted zoning code.
At a regular meeting on November 7, 2024, the Planning Commission made a recommendation to the City Council to find that the Project is exempt from further environmental analysis and to approve the Project.
Table 1 below provides a summary of the proposed restructure to the Code, as well as notable changes.
Table 1. Summary of the Proposed Zoning Code Amendments by Section # Title Summary of Change
9.120.030 Allowed Uses in Residential
Zones
Group Residential Facilities are required to be
allowed in zones where residential uses are
allowed. Farmworker and employee housing is
required to be allowed where agricultural uses
are allowed.
9.125.030 Allowed Uses in Commercial
Zones
Emergency Shelters to be allowed in C-2,
previously in C-3. Low Barrier Navigation
144
Section 9, Item 9F.
# Title Summary of Change
Centers, a type of Emergency Shelter, are byright in mixed use zones (C-1 and C-2). A minimum amount of residential density is
required on sites identified in the Housing
Element.
9.140.030 Allowed Uses in Form-Based
Code Zone
Low Barrier Navigation Centers, a type of
Emergency Shelter, are by-right in mixed use
zones (FBC)
9.160.080 Density Bonus Changes are made to comply with the recent enactment of SB 713.
9.175.040 Parking Requirements Established parking standards for emergency shelters and Low Barrier Navigation Centers.
9.217 Emergency Shelters (new) Establishes development standards for Emergency Shelters.
9.240 Definitions Establishes definitions for Low Barrier Navigation Centers. Differentiates farmworker housing from
employee housing. Expands definition of
Emergency Shelter.
Zoning Text Amendment Findings (FMC § 9.110.070):
Prior to approving an application for a Zoning Code Amendment, the approving authority is required to make all of the following findings:
1. The Zoning Code or Zoning Map Amendment is consistent with the intent of the goals and policies of the General Plan.
Zoning Text Amendment No. 24-34 is consistent with the City’s General Plan and will align with its goals and policies, including those of the recently-adopted 2023-2031 Housing Element.
2. The Zoning Code or Zoning Map Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
Zoning Text Amendment No. 24-34 would result in increased regulations for emergency shelters in the City, within the boundaries of what is allowed by State law.
3. The Zoning Code or Zoning Map Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
Zoning Text Amendment No. 24-34 would not infringe on property development rights beyond what is already required by State law. Zoning Text Amendment No. 24-34 would also not have an impact on sensitive land uses and species.
4. The Zoning Code or Zoning Map Amendment ensures protection of the general health, safety, and welfare of the community.
145
Section 9, Item 9F.
Zoning Text Amendment No. 24-34 would serve to better regulate emergency shelters within the City, a use that may occur in the future. Zoning Text Amendment No. 24-34 would not conflict with protection of the general health, safety, and welfare of the community.
PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on December 6, 2024, which is at least ten (10) days prior to the public hearing.
ENVIRONMENTAL REVIEW
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA (Pub.
Res. Code § 21000, et seq.; Cal. Code Regs. Tit. 14, § 15000, et seq. [“CEQA Guidelines”].) Zoning Text Amendment No. 24-34 qualifies as a “project” under CEQA because it involves the “enactment and amendment of zoning ordinances,” as described in CEQA Guidelines section 15378, subdivision (a)(1).
The second step is to determine whether the Project is exempt from further environmental review by a statutory or categorical exemption. While the Project meets the qualifications to be considered a “project” under CEQA, this amendment to the City’s Zoning Ordinance is consistent with the 2040 General Plan EIR (SCH No. 2021110053) and therefore is exempt from further environmental review under CEQA. (Cal. Code Regs., Tit. 14, § 15183, subd. (a) and (i).) Further, there is no new information or substantial changes that would require further environmental review pursuant to CEQA Guidelines section 15162. If the Project is approved, a Notice of Exemption for Zoning Text Amendment No. 24-34 will be filed with the County Clerk and the State Clearinghouse.
GENERAL PLAN CONSISTENCY
As described above, the Zoning Ordinance 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 Zoning Ordinance is intended to satisfy.
Action Item No. Action Item
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.
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.
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.
146
Section 9, Item 9F.
Action Item No. Action Item
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.
FISCAL IMPACT
The zoning text amendment 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. Additionally, compliance with the programs in the Housing Element would allow the City to be found in compliance with its Housing Element, which would allow the City to be eligible for housing-related grants.
PROCUREMENT PROCESS
No procurement is associated with this action.
CONFLICT OF INTEREST
There is no perceived conflict of interest. Although approval of zoning text amendment 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. (Cal. Code Regs., Tit.8, § 18703.) Attachments
- Attachment 1: Ordinance No. 2024-06
147
Section 9, Item 9F.
ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER TO ADD CHAPTER 9.216 TO ARTICLE 5 OF TITLE 9 OF THE FOIWLER MUNICIPAL CODE AND TO AMEND FOWLER MUNICIPAL CODE SECTIONS 9.120.030, 9.125.030,
9.160.080, 9.175.040, 9.240.060, 9.240.070, AND 9.240.130 TO ADD AND AMEND REGULATIONS RELATING TO HOUSING.
WHEREAS, on July 16, 2024, the City Council of the City of Fowler adopted Ordinance No. 2024-03, adopting a new comprehensive Zoning Ordinance; and WHEREAS, on October 1, 2024, the City Council of the City of Fowler adopted the 2023- 2031 Housing Element; and
WHEREAS, within the new Housing Element, amendments to the zoning ordinance were required; and
WHEREAS, the City has now proposed Zoning Text Amendment No. 24-34 (described herein ) to amend Article 5 of Title 9 of the Fowler Municipal Code (Zoning Ordinance) by adding Chapter 9.216 and amending Section 9.175.040, to establish development standards for emergency shelters within the City; and
WHEREAS, Fowler Municipal Code Sections 9.120.030 and 9.125.030 would also be amended in order to reflect where Low Barrier Navigation Centers, Farmworker Housing, Employee Housing, and Large Residential Care Facilities can locate; and WHEREAS, Fowler Municipal Code Section 9.125.030 would also be amended in order to mandate a minimum amount of residential density on specific sites identified in the Housing Element; and
WHEREAS, Fowler Municipal Code Section 9.160.080 would be amended in order to reflect current State Density Bonus Law requirements; and WHEREAS, Fowler Municipal Code sections 9.240.060, 9.240.070, and 9.240.130 would be amended in order to add definitions for “Low Barrier Navigation Center”, and modify definitions of “Employee Housing” and “Farmworker Housing”; and WHEREAS, at a regular meeting on Thursday, November 7, 2024, at 6:30pm, the Fowler Planning Commission conducted a public hearing to consider Zoning Text Amendment No. 24-34 and adopted Resolution No. 708, recommending that the City Council find that the Project be exempt from further environmental analysis and approve Zoning Text Amendment No. 24-34; and WHEREAS, at a regular meeting on Tuesday, December 17, 2024, at 6:00pm, the Fowler City Council conducted a public hearing to consider Zoning Text Amendment No. 24-34; and 148
Section 9, Item 9F.
WHEREAS, notice of said public hearing was published in the Friday, December 6, 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 December 17, 2024, including oral and written public testimony on the project, and which is herein incorporated by this reference, regarding recommending approval of Zoning Text Amendment No. 24-34 as described herein (“Administrative Record”).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that this Ordinance is consistent with the Fowler General Plan and General Plan Environmental Impact Report (EIR), and further find that this Ordinance is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15183, subdivision (a).
SECTION 2. The City Council makes the following findings pursuant to Fowler Municipal Code section 9.110.070:
a. This Ordinance is consistent with the intent of the goals and policies of the General Plan.
b. This Ordinance prescribes reasonable controls and standards to ensure compatibility with other established uses.
c. This Ordinance provides reasonable property development rights while protecting environmentally sensitive land uses and species.
d. This Ordinance ensures protection of the general health, safety, and welfare of the community.
SECTION 3. Chapter 9.216 is hereby added to Article 5 of Title 9 of the Fowler Municipal Code, to read as follows:
CHAPTER 9.216 EMERGENCY SHELTERS
9.216.010 Purpose
The purpose of this Chapter is to establish regulations for emergency shelters.
9.216.020 Applicability
The requirements contained in this Chapter apply to all emergency shelters. 149
Section 9, Item 9F.
9.216.030 Development Standards for Emergency Shelters
The following development standards apply to all emergency shelters:
A. Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-ofway, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.
B. Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.
C. On-Site Management. Continuous on-site supervision during hours of operation shall be provided.
Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2)staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.
D. Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.
E. Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.
SECTION 4. Table 9.120.030-1 of Fowler Municipal Code section 9.120.030 is hereby amended to amend and add the following rows, according to the service type and by alphabetical order:
Allowed Use R R-MP RM
Additional
Requirements
Agricultural
Farmworker
Housing P P P
Service
Group Residential
Facilities (Licensed),
Large
Major C-- Major C Major C
Group Residential
Facilities
(Unlicensed), Large
Minor C-- Minor C Minor C
Residential Care
Facilities, Large Major C-- Major C Major C
Residential
Employee Housing ZC -- --
150
Section 9, Item 9F.
SECTION 5. Table 9.125.030-1 of Fowler Municipal Code section 9.125.030 is hereby amended to add the following row, according to the service type and by alphabetical order:
Allowed Use C1 C2 C3
Additional
Requirements
Service
Emergency Shelter -- --M M--
Chapter 9.217
(Emergency
Shelters)
Low Barrier
Navigation Center M M --
Residential
Dwelling, Mixed-Use
Residential
Component
P/Major C3,4 P/Major C3,4-- Section 9.120.070
(Multifamily
Residential Design
Standards)
4 Minimum residential density applies to the Sites as identified and described in the current Housing Element. This requirement shall not apply if the City demonstrates that a sufficient number of dwelling units in the City have been constructed to satisfy the dwelling unit requirements applicable to these areas.
SECTION 6. Fowler Municipal Code section 9.160.080 is hereby amended to read as follows:
B. Number of Incentives or Concessions. The following number of incentives or concessions may be granted, based on the number and income level of affordable housing units of the housing development.
1. One (1) incentive for qualified housing development projects that include at least five percent (5%) of the total units for very low-income households, at least ten percent (10%) for low-income households, at least twenty percent (20%) for lower income students in a student housing development, or at least ten percent (10%) for persons and families of moderate-income households in a common interest development.
2. Two (2) incentives for qualified housing development projects that include at least ten percent (10%) of the total units for very low-income households, at least seventeen percent (17%) for lowincome households, or at least twenty percent (20%) for persons and families of moderate-income households in a common interest development.
3. Three (3) incentives for qualified housing development projects that include at least fifteen percent (15%) of the total units for very low-income households, at least twenty-four percent (254%) for low-income households, or at least thirty percent (30%) for persons and families of moderateincome households in a common interest development.
4. Four (4) incentives for projects that include at least sixteen percent (16%) of the units for very lowincome households or at least 45 percent (45%) for persons and families of moderate income in a development in which the units are for sale.
5. Five (5) incentives for qualified housing developments that include one hundred percent (100%) of total units, exclusive of a manager's unit or units, for lower income households, except that up to twenty percent (20%) of the total units in the development may be for moderate-income households.
6. Additional incentives or concessions. Projects meeting either of the following criteria shall receive incentives and concessions in addition to the number specified above. 151
Section 9, Item 9F.
a. If the project is within one-half (1/2) mile of a major transit stop, the project shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet. b. A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
SECTION 7. Table 9.180.040-1 of Fowler Municipal Code section 9.175.040 is hereby amended to add the following row, according to the service type and by alphabetical order:
Use Spaces Required1,2
Public Facilities and Utilities
Emergency Shelters and Low Barrier
Navigation Centers
1 space for every 350 sq ft
SECTION 8. Fowler Municipal Code section 9.240.060 is hereby amended to read as follows, and inserted according to alphabetical order:
Emergency Shelter. Housing, as defined in California Health and Safety Code section 50801, with minimal supportive services for families or individuals experiencing homelessness, where occupancy is limited to 180 days or less. Medical assistance, counseling, and meals may be provided. It includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
Employee Housing. Living quarters for six or fewer employees including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this Section.
SECTION 9. Fowler Municipal Code section 9.240.070 is hereby amended to read as follows, and inserted according to alphabetical order:
Farmworker Housing. Living accommodations, up to 12 units or 36 beds, for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.
SECTION 10. Fowler Municipal Code section 9.240.130 is hereby amended to read as follows, and inserted according to alphabetical order:
Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2) Pets.
3) The storage of possessions.
4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
152
Section 9, Item 9F.
SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Fowler hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 12. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 13. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
The foregoing ordinance was introduced at a regular meeting of the City Council held on the ___ day of ______ 2024, and was adopted at a regular meeting of said Council held on the _____ day of _____ 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
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Section 9, Item 9F.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: December 17, 2024
FROM: MICHAEL REID, Police Chief
SUBJECT: APPROVE a Second Amendment in the amount of $249,839 to the agreement with Dewberry Architects, Inc., for a total amount of $930,215, for design, bidding and construction support costs for the David T. Cardenas Police Headquarters and Senior Center and authorize the Interim City Manager to execute the amendment
EXECUTIVE SUMMARY
This action provides for the approval of a second amendment to the City’s contract with Dewberry Architects, Inc. (“Dewberry”) for the David T. Cardenas Senior Center and Police Headquarters (“Project”). This proposed second amendment would expand the scope of the original agreement to include providing support to the bidding process, and for construction administration assistance. This work is different than services provided by Vanir Construction Management and relates specifically to the architecture and engineering of the Project.
BACKGROUND
Proposed Second Amendment
This revised scope of work provides for bidding and construction support costs such as responding to Requests for Information from subcontractors, approving submittals, approving shop drawings, and maintaining an as-built set of architectural drawings. Dewberry initially provided City staff a proposal based on a lump-sum fee. Staff requested this be changed to a time and materials basis.
Due to internal staffing changes within Dewberry, the City was not notified in a timely manner about the need for this Second Amendment. Dewberry and their subcontractors have continued to provide service in good faith as staff negotiated this proposed Second Amendment.
Dewberry submitted a proposal for $249,839 to take this Project to occupancy. If approved, the total Dewberry contract price of $930,215 represents 6.4% of the awarded bid of $14,500,000. After extensive negotiations, staff believe this amount is reasonable and consistent with industry practices. Staff will continue to closely monitor Dewberry’s billings to ensure they reflect the cost of services provided.
154
Section 9, Item 9G.
Background on Dewberry’s Scope of Work
In late 2021, the City solicited a request for qualifications for firms to provide police department, community center, and training center design and planning services. On February 1, 2022, the Fowler City Council approved a $530,376 agreement with Dewberry to design and provide planning services for a police department, community center, and training center in Fowler.
Dewberry was able to develop elevations and exterior designs which were presented to residents, City Council, and Staff to determine the final design. On March 6, 2023, Dewberry presented these findings to the City Council and the craftsman design was approved.
On September 5, 2023, City Council approved the First Amendment to the Dewberry contract in the amount of $150,000 for additional design costs based on the scale of the Project. To reduce the cost of the First Amendment, bidding and construction support line items were also reallocated to design costs.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
At its May 30, 2024, special meeting, the Planning Commission determined the Project (Planning Application 24-04) is exempt from further environmental analysis under the California Environmental Quality Act (“CEQA”) and adopted a Class 32 [In-Fill Development Projects] categorical exemption under CEQA Guidelines section 15332. A Notice of Exemption was filed with the County Clerk and State Clearinghouse for approval.
GENERAL PLAN CONSISTENCY
This action is consistent with:
Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.
Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
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 CH-2
Promote walking and bicycling and reduce vehicle miles traveled by allowing complementary land uses in close proximity to one another. Goal OS-3 Recreational programming and facilities meet the needs of community members of all ages and abilities.
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 155
Section 9, Item 9G.
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.
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.
General Plan Policy PF-8
Provide City departments with adequate office and building space for employee workspace and equipment storage.
General Plan Policy PF-10
Form proactive community partnerships that develop responsible ownership for public safety in Fowler, inform the public on how they can improve their personal safety; use a preventative approach that is issue-oriented; support innovative approaches to problem-solving; establish mutual trust and communication among Police Services staff and the community; and provide positive role models and values through activities in the neighborhoods and community as a whole.
FISCAL IMPACT
The Project budget was approved at the October 14, 2024, City Council meeting. This included a contingency reserve. Staff will bring a Budget Amendment Resolution at a subsequent meeting.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Second Amendment & Exhibit A
- Item 8i of the September 5, 2023 Agenda Packet
156
Section 9, Item 9G.
SECOND AMENDMENT TO THE AGREEMENT FOR THE DESIGN OF THE POLICE HEADQUARTERS AND SENIOR CENTER DATED FEBRUARY 1, 2022
BETWEEN THE CITY OF FOWLER AND DEWBERRY ARCHITECTS, INC.
A. The City of Fowler (“City”) desires modifications to the products and services beyond the scope of the Agreement between the City and Dewberry Architects, Inc. (“Consultant”) for the Design of the Police Headquarters and Senior Center project, dated February 3, 2022. (“Agreement”).
B. An additional scope of work as further described in EXHIBIT A, authorizes Consultant to provide bidding and construction administration support for the David T. Cardenas Senior Center & Police Headquarters project. EXHIBIT A shall become a substantive part of the Agreement.
C. The termination date for this 2nd Amendment to the Agreement will be December 31, 2026.
D. The total amount paid by the City to Dewberry Architects, Inc., as stated in Section 4 of the Agreement was listed as Five Hundred Thirty Thousand, Three Hundred Seventy-Six dollars ($530,376). On September 5, 2023, a First Amendment to the Agreement was executed. The First Amendment revised the total amount to be paid under the Agreement to Six hundred Eighty-One Thousand, and Eight dollars ($681,008).
E.
F. The total cost of the additional services described in Exhibit A, are Two Hundred Forty-Nine Thousand, Eight Hundred and Thirty-Nine dollars ($249,839). The total amount to be paid pursuant to the Agreement is hereby revised to an amount not to exceed Nine Hundred Thirty Thousand, Two Hundred and Fifteen dollars ($930,215).
G.
H. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment on December 17, 2024.
CONSULTANT CITY OF FOWLER
__________________________
Erica Nelles Thomas Gaffery
Senior Principal Interim City Manager
Date: Date:
Consultant City
Dewberry Architects Inc., 128 South 5th Street
1760 Creekside Oak Drive, Suite 280 Fowler, CA 93625
Sacramento, CA 95833 (559) 834-3113
(916) 239-7244
157
Section 9, Item 9G.
1 September 30, 2024 (Revised November 5, 2024)
TO: Thomas Gaffery
Interim City Manager
[email protected]
CC: Michael S. Reid FBINA #272
Chief of Police
Fowler Police Department
[email protected]
RE: City of Fowler
David T. Cardenas Senior Center and Police Headquarters Change Order Request #2 – Bidding and Construction Administration Support Thank you for the opportunity to submit this change order request for the Bidding and Construction Administration Phases of the new David T. Cardenas Senior Center and Police Headquarters project.
BACKGROUND
During the contract negotiations with the City of Fowler, it was decided the Bidding and Construction Administration phases would be excluded from the primary contract and incorporated into the project with a change order. Below is a list of services included in the Bidding and Construction Administration phases.
SCOPE OF SERVICES
Below is a list of services included in the Bidding and Construction Administration phases.
TASK: - BIDDING
Dewberry understands that City will administer the bidding process with their Construction Manager, Vanir, Inc.
1. Dewberry will attend one pre-bid conference with City and selected General Contractor(s).
2. Respond in writing to Requests for Information (RFI)
3. Prepare Addendums as required.
TASK: - CONSTRUCTION ADMINISTRATION
1. Attend one pre-construction meeting (on-site).
2. Attend weekly virtual OAC meetings.
3. Respond to RFI’s.
4. Review project submittals.
5. Perform up to (6) Architectural site visits and (2) site visits for all other disciplines.
6. Prepare punch-list in collaboration with the Construction Manager and General Contractor.
Assumptions:
EXHIBIT A
158
Section 9, Item 9G.
2 • Construction will be completed within 18 months and commence immediately upon contract negotiations with the selected contractor.
• The city will engage a construction manager under a separate contract to provide construction management through project completion.
Exclusions:
• Additional meetings and/or site visits
• Changes to the approved design
• Extended construction schedule
FEE
We are requesting an adjustment to our original contract budget in the form of a change order for the additional fees we incurred to complete the Bidding Support phase and provide Construction Administration Support through construction.
The proposed Time and Material Fee for Professional Services is: Two Hundred, Forty-Nine Thousand, Eight Hundred and Thirty-Nine dollars. ($249,839 and no cents).
Please let me know if you have any questions regarding the change order request.
Regards,
Dewberry Architects Inc.
Patricia Esposito
Associate Principal
Cc:
- File
- Erica Nelles, Senior Principal
Director of Operations
EXHIBIT A
159
Section 9, Item 9G.
EXHIBIT A
160
Section 9, Item 9G.
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
\\EgnyteDrive\Clients\Dewberry-3681\368122001-Fowler Police Headquarters\000 Project Management\010 Base Contract\2024 0904 REVISED Proposal & Contract Ammendments\PH III Proposal for Bid & CA Phase.docx
Engineering Surveying Planning Environmental GIS Construction Services Hydrogeology Consulting Clovis Bakersfield Visalia Modesto Los Banos Chico Sacramento Sonora September 11, 2024
Patti Esposito, RA, LEED AP, DBIA
Dewberry
1760 Creekside Oaks Drive, Suite 280
Sacramento, CA 95833
Subject: Phase III: Bidding, Preconstruction, and Construction Assistance Services David T. Cardenas Senior Center & Police Headquarters
Fowler, California
Dear Patti,
Thank you for the opportunity to submit this contract amendment to provide Bid Support, Preconstruction, and construction assistance services for the subject project. This letter outlines our proposal for bid phase support and construction administration services related to site civil improvements.
Project Understanding
The design phases for the proposed David T. Cardenas Senior Center & Police Headquarters located in Fowler have recently been finalized and the project has been advertised for bids.
Provost & Pritchard is pleased to continue to partner with the Dewberry consultant team and the City of Fowler to provide bidding and construction phase support for the project.
Background
Our initial Purchase Order No. 110547 OK with Dewberry, executed on June 10, 2022, included a scope of work and fee for Phase III - Bidding, Pre-construction, and construction assistance services. We understand that City asked Dewberry to remove Phase III services from the scope of the design contract, therefore, the entire design team’s scope was limited to project design through plan approval (Phases I and II). As the project has now been advertised for bids, the City would like to add Phase III services back into the contract.
Scope of Services
Our proposed scope of work for this contract amendment is described below.
Phase III: Bidding, Pre-construction, and Construction Assistance • Attend one (1) pre-construction meeting, on site.
• Attend bi-weekly OAC meetings during the period of which civil improvements are under construction. Based on the assumptions regarding total construction period and percentage of civil improvements outlined below, our proposed fee includes attendance of up to nine (9) virtual bi-weekly OAC meetings.
• Attend four (4) progress site visits
EXHIBIT A
161
Section , Item 9G.
Dewberry September 11, 2024
City of Fowler Police Headquarters Page 2 of 3
Project No. 361822001
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• Complete review of project material Submittals and Requests for Information regarding interpretation of plans and construction questions. Our proposed fee includes eight (8) submittals and eight (8) RFIs.
• Completion of one (1) As-Grade review and preparation of as-grade certification letter stating that the finished grade of the site is in substantial compliance with the design grades as-shown on the plans. As-grade survey shall be provided by contractor, and survey points shall be taken in the same location as the design points shown within the grading plan sheets. If sufficient detail is not provided within the as-grade survey to sufficiently review and certify that the site was graded per plan, the as-grade survey may be rejected to be resubmitted by the contractor.
• Attend one (1) final site visit and preparation a punch list of final corrections required. • Prepare Record Plans based on contractor’s red-line mark-ups of the approved plans.
Professional Fees
Provost & Pritchard Consulting Group will perform these services for the fixed fee amount outlined in the table below. These services will be invoiced monthly, on a percent-complete basis.
Proposed Fee – City of Fowler Police Headquarters
Phase Estimated Fee
Phase III: Bidding, Pre-construction, and Construction Assistance $28,000 Total Estimated Fee: $28,000
Schedule
Once we receive an executed copy of this Proposal together with the revised Dewberry purchase order and are authorized to proceed, we can discuss scheduling and determine a deadline for the initial submittal.
Assumptions
• Additional services exceeding those outlined above may require additional contract amendments.
• All meetings will be led and directed by either the Construction Manager or Contractor. • Bid and addenda period is assumed to be no longer than 12 weeks • Total construction period is assumed to be 11 months, It is our experience that approximately 30-40% of the overall construction schedule will include active site civil improvements. These efforts tend to be concentrated at the beginning and end of the overall construction schedule. Accordingly, our estimates for staffing support of construction phase site civil activities is based on a limited involvement during these periods of the construction schedule.
• The general contractor will administer the construction phase through one of many available online contract management websites where construction documentation is administered online. P&P does not expect to purchase any software or licenses to access the website. It is our typical practice to receive, review and respond to RFIs and Submittal through the project website.
EXHIBIT A
162
Section , Item 9G.
Dewberry September 11, 2024
City of Fowler Police Headquarters Page 3 of 3
Project No. 361822001
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Exclusions
• Construction Staking
• Administration of project construction site
• Construction progress reporting
• Daily construction inspections or monitoring
Additional Services
The following services are not included in this proposal, however these and others can be provided at additional cost, upon request.
• Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures or requirements after the date of this agreement.
• Any extra work performed by Consultant due to changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant.
Terms and Conditions
If this contract amendment is acceptable, please sign below, and return a copy to our office together with Dewberry’s standard Service Purchase Order, inclusive of contract terms previously agreed to. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
Sincerely Yours,
Provost & Pritchard Consulting Group
Andrew D’Olier, RCE 93821 Jeff Dorn, RCE 76749
Associate Engineer Director of Operations
Terms and Conditions Accepted
By Dewberry
Signature Signature
Printed Name Printed Name
Title Date Title Date
EXHIBIT A
163
Section , Item 9G.
San Francisco Sacramento w w w. c r o s b y g ro u p. c om Washington DC