CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, August 9, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630
1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order
C. Roll Call
D. Invocation
At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.
E. Pledge of Allegiance
2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
3. PRESENTATIONS/CEREMONIAL MATTERS
A. Workforce - Martha Espinosa, Marketing and Grants Manager (MR) B. Fresno County Rural Mobile Health Program - Sim Dhillon (JAJ)
4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.
Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
1 5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
A. SUBJECT: Minutes - July 26, 2023 (MR)
RECOMMENDATION: Council Approve minutes as presented.
B. SUBJECT: Payroll (JA)
06/25/23 - 07/08/23: $202,052.10; Retro Pay & Other: $1,497.95; Overtime: $8,269.82; Holiday Pay: $1,744.02; Standby: $1,541.68; Comp Time Earned: 25.60 RECOMMENDATION: Council approve payroll as presented.
C. SUBJECT: Warrants (JA)
1. Nos. 27251-27365 $1,318,587.57 ACH $56,464.87
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.
E. SUBJECT: Submittal of Local Transportation Purposes Funds (JA) RECOMMENDATION: Council by motion adopt resolution approving Submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2023-2024.
F. SUBJECT: Second Amendment to Consultant Services Agreement with Precision Civil Engineering Inc. for Entitlement, Land Use, and Planning Services (JRO) RECOMMENDATIONS: Council by motion adopt a resolution approving Amendment No. 2 to Agreement for Entitlement, Land Use, and Planning Services with Precision Civil Engineering Inc.
G. SUBJECT: Second Amendment to Consultant Services Agreement with CSG Consultants, Inc. for Building and Safety Services (JRO)
RECOMMENDATION: Council by motion adopt a resolution approving Amendment No. 2 to the Agreement for Building and Safety Services with CSG Consultants, Inc.
H. SUBJECT: Approving Sale of Surplus Property (JA)
RECOMMENDATION: Council by motion adopt resolution approving the sale of surplus property.
2 I. SUBJECT: Cloud Migration Software Agreement with Springbrook Holding Company, LLC (JA) RECOMMENDATION: Council by motion adopt resolution approving a Cloud migration software agreement with Springbrook Holding Company, LLC in the amount of $15,750 for implementation and an annual cost starting at $22,900.84 with an annual increase of no more than 7% and authorize City Manager to sign the agreement.
6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.
A. SUBJECT: Public Hearing Ordinances Relating to Expedited Permit Process for Small Residential Rooftop Solar Systems and Repeal and Amendment of Current Ordinances and Consideration of New Ordinance (JRO)
RECOMMENDATIONS: Staff recommends Council conduct a public hearing and:
1. Waive full reading and introduce Ordinance Text Amendment 2023-03 repealing Chapter 17.94 related to Expedited Permit Process for Small Residential Rooftop Solar Systems from Title 17 of the Kerman Municipal Code; and
2. Waive full reading, and introduce Ordinance Text Amendment 2023-04 amending Section 15.04.090 of Chapter 15.04, repeal the current Chapter 15.24, and add a new Chapter 15.24 to Title 15 of the Kerman Municipal Code relating to Expedited Permit Process for Small Residential Rooftop Solar Systems
7. DEPARTMENT REPORTS
A. SUBJECT: Update on Utility Account Delinquencies and Possible Direction to Staff (JA) RECOMMENDATION: Council receive report on utility account delinquencies and provide direction to staff if any.
B. SUBJECT: Award of Contract for Kerman Northwest Park to American Paving Co. (JJ) RECOMMENDATION: Council by motion adopt resolution awarding contract for Kerman Northwest Park to American Paving Co. in the amount of $694,477.00 and authorize the City Manager to sign the contract.
8. CITY MANAGER/STAFF COMMUNICATIONS
9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of any one Council Member, and (iv) to take action on matters initiated under this section of the agenda. (Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 3 10. CLOSED SESSION
A. Government Code Section 54956.9(b)
CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation
Significnt Exposure to Litigation: one case
11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.
ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9380. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9380 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.
AGENDA POSTING CERTIFICATION
I, Marci Reyes, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.
Date: August 4, 2023 /s/ Marci Reyes, City Clerk
4 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, July 26, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630
1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order - 6:05 p.m.
C. Roll Call
PRESENT: Mayor Maria Pacheco, Council Member Gary Yep, Mayor Pro Tem Bill Nijjer, Council Member Jennifer Coleman, Council Member Ismael Herrera D. Invocation - City Clerk
E. Pledge of Allegiance - Performed
2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Council Member Yep, Seconded by Council Member Coleman. Voting Yea:
Mayor Pacheco, Council Member Yep, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera
3. PRESENTATIONS/CEREMONIAL MATTERS - None
4. REQUEST TO ADDRESS COUNCIL - None
5. CONSENT CALENDAR
Motion made excepting Items 5. E and 5. F, by Mayor Pro Tem Nijjer, Seconded by Council Member Herrera. Voting Yea: Mayor Pacheco, Council Member Yep, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera
Items 5. E and 5. F
Motion made by Council Member Herrera, Seconded by Mayor Pro Tem Nijjer. Voting Yea:
Mayor Pacheco, Council Member Yep, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera
5 Section 5, Item A.
A. SUBJECT: Minutes - July 12, 2023
RECOMMENDATION: Council approve minutes as presented.
B. SUBJECT: Payroll (JA)
06/11/2023 - 06/24/2023: $188,743.75, Retro Pay & Other: $3,038.46; Overtime: $9,129.58; Standby: $1,264.04; Comp Time Earned: 59.50
RECOMMENDATION: Council approve payroll as presented.
C. SUBJECT: Warrants (JA)
1. Nos. 27127-27250 $519,677.42 ACH $59,031.42
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: First Amendment to Street Sweeping Contract Services Agreement with Sweeping Corp of America of CA, LLC (MB)
RECOMMENDATION: Council by motion adopt resolution approving first amendment to street sweeping contract services agreement with Sweeping Corp of America of CA, LLC.
Res 23-58
E. SUBJECT: Award of Contract for the Hart Ranch Community Park Phase II Orchard Removal to JFS Enterprises, Inc.
RECOMMENDATION: Council by motion adopt the resolution awarding the contract for the Hart Ranch Community Park Phase II Orchard Removal to JFS Enterprises, Inc. in the amount of $45,000.00 and authorize the City Manager to sign the contract.
Res 23-59
F. SUBJECT: Accepting the Hart Ranch Community Park Orchard Removal RECOMMENDATION: Council by motion adopt resolution accepting the Hart Ranch Community Park orchard removal and authorize the City Engineer to record the Notice of Completion.
Res 23-60
6. PUBLIC HEARINGS
A. SUBJECT: Public Hearing and Approval of Resolution Confirming Diagram and Assessments for the Annual Levy, 2023-2024, for Landscaping and Lighting District No. 1 (JJ) RECOMMENDATION: Council conduct a public hearing, receive public testimony, and adopt resolution confirming the diagram and assessments for Landscaping and Lighting District No. 1 for the 2023-2024 annual levy in the amounts specified. 6 Section 5, Item A.
Opened/Closed PH
Motion made by Council Member Yep, Seconded by Council Member Coleman. Voting Yea:
Mayor Pacheco, Council Member Yep, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera
Res 23-61
7. DEPARTMENT REPORTS
A. SUBJECT: Tract No. 6293 Railroad Crossing Improvements Update RECOMMENDATION: Council receive update with possible direction to staff.
Presented
8. CITY MANAGER/STAFF COMMUNICATIONS
9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS
10. CLOSED SESSION - None
11. ADJOURNMENT - 6:51 p.m.
MINUTES CERTIFICATION
I, MARCI REYES, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above Minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.
Date: July 27, 2023
____________________
Marci Reyes
City Clerk
7 Section 5, Item A.
CITY OF KERMAN
PAYROLL REPORT
RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED
ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,748.31 0.00 Camacho, Josie $ 2,002.96 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,002.96 1.50 Cheema, Akayla $ 2,415.23 $ - 7.21 $ 323.34 0.00 $ - 0.00 $ - $ 2,738.57 0.00 Gonzalez, Diana $ 3,641.16 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,641.16 0.00 Jansons, John $ 7,028.60 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 7,028.60 0.00 Linares, Vanessa $ 1,682.00 $ - 8.00 $ 249.90 0.00 $ - 0.00 $ - $ 1,931.90 0.00 Lopez, Jacqueline $ 286.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 286.46 0.00 Mendoza Hernandez, Ariana $ 1,793.69 $ - 11.75 $ 384.16 0.00 $ - 0.00 $ - $ 2,177.85 0.00 Mendoza, Gabriela $ 2,068.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,068.77 0.00 Reyes, Marcia $ 3,669.51 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,669.51 0.00 Sandoval, Veronica $ 1,480.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,480.15 0.23 TOTAL $ 29,816.85 $ - 26.96 $ 957.40 0.00 $ - 0.00 $ - $ 30,774.25 1.73
REC/SOCIAL
Acosta-Parra, Melany $ 69.75 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 69.75 0.00 Argumedo-Vargas, Frank $ 364.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 364.00 0.00 Beltran, Isabelle $ 708.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 708.00 0.00 Brar, Manreet $ 69.75 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 69.75 0.00 Burdine-Slaven, Jeanna $ 2,304.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,304.92 0.00 Barrett, Shannon $ 1,720.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,720.15 0.00 Escamilla, Paloma $ 41.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 41.08 0.00 Flores, Haley $ 1,699.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,699.15 0.00 Garcia, Anthony $ 1,457.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,457.08 0.00 Hurlbert, Ronald $ 480.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 480.50 0.00 Jauriqui, Jose $ 594.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 594.00 0.00 Johnson, Theresa $ 3,343.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,343.54 0.00 Lemm, Kylie $ 784.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 784.00 1.00 Lua, Daniela $ 1,076.63 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,076.63 0.00 Lua, Joshua $ 1,246.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,246.50 0.00 Lua, Miguelangel $ 715.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 715.00 0.00 Lujan, Vanessa $ 408.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 408.00 0.00 Martinez, Aylah $ 538.63 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 538.63 0.00 Martinez Lopez, Jose - Final Pay $ 310.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 310.00 0.00 Naranjo, Alexander $ 460.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 460.00 0.00 Nazaroff, Rebekah $ 1,088.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,088.00 0.00 Negrete, Dean $ 1,606.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,606.15 0.00 Ruiz, Rosalba $ 627.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 627.00 0.00 Salvador, Mark $ 2,959.30 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,959.30 0.00 Sidhu, Nirmal $ 2,080.45 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,080.45 0.00 Silva, Jessica $ 488.25 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 488.25 0.00 Villarreal, Arlene $ 2,209.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,209.38 0.00 TOTAL $ 29,449.21 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 29,449.21 1.00 POLICE
Antuna, Miguel $ 2,781.91 $ - 12.50 $ 620.96 0.00 $ - 0.00 $ - $ 3,402.88 0.00 Arciga, Jose $ 2,878.88 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,878.88 9.00 Barbosa, Isaias $ 2,974.35 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,974.35 0.00 Barcoma, Wilbert $ 4,378.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 4,378.85 0.00 Barra, Brenden $ 2,277.26 $ - 7.75 $ 306.51 12.00 $ 158.20 0.00 $ - $ 2,741.96 0.00 Belding, Jeff $ 3,789.47 $ - 4.00 $ 266.21 12.00 $ 266.21 0.00 $ - $ 4,321.89 0.00 Castro, Jaclynn $ 2,181.88 $ - 0.00 $ - 12.00 $ 151.38 0.00 $ - $ 2,333.27 13.88 Chapman, Tom $ 3,692.44 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,692.44 0.00 Clark, Patrick $ 2,441.44 $ - 0.00 $ - 10.50 $ 152.59 0.00 $ - $ 2,594.03 0.00 Coronado, Krystal $ 2,068.77 $ - 0.00 $ - 12.00 $ 147.77 0.00 $ - $ 2,216.54 0.00 Corrales, Edith $ 1,404.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,404.00 0.00 Cubillos, Theresa $ 2,833.43 $ - 0.00 $ - 8.50 $ 143.36 0.00 $ - $ 2,976.79 0.00 Garcia, Andrew $ 2,119.38 $ - 24.00 $1,059.69 12.00 $ 151.38 0.00 $ - $ 3,330.46 0.00 Gempis, Danzel $ 1,922.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,922.31 0.00 Golden, John - Final Pay $ 18,530.80 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 18,530.80 0.00 Gutierrez, Gloria $ 2,187.91 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,187.91 0.00 Inthasone, Bryant $ 2,018.31 $ - 15.50 $ 558.64 7.50 $ 90.10 0.00 $ - $ 2,667.05 0.00 Irazoqui, Mario $ 1,749.44 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,749.44 0.00 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: June 25, 2023 - July 08, 2023
Section 5, Item B.
CITY OF KERMAN
PAYROLL REPORT
RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: June 25, 2023 - July 08, 2023
Lopez, Matt $ 1,190.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,190.00 0.00 Lozano, Daniel $ 1,559.30 $ - 3.00 $ 87.71 0.00 $ - 0.00 $ - $ 1,647.01 0.00 Lozano, Patricia $ 1,353.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,353.23 0.00 Mendoza, Sandra $ 3,160.64 $ - 9.50 $ 531.94 12.00 $ 223.97 0.00 $ - $ 3,916.55 0.00 Molina, Jesus $ 2,363.29 $ - 1.50 $ 41.76 8.50 $ 118.31 0.00 $ - $ 2,523.35 0.00 Quintanilla, Rodolfo $ 2,131.27 $ - 14.00 $ 517.19 0.00 $ - 8.00 $ 49.26 $ 2,697.72 0.00 Rodrigues, Mary $ 2,313.26 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,313.26 0.00 Roth, Adriana $ 2,131.27 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,131.27 0.00 Ruiz, Jose $ 172.40 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 172.40 0.00 Vasquez, Francisco $ 1,995.37 $ - 15.75 $ 554.17 12.00 $ 140.74 0.00 $ - $ 2,690.27 0.00 Velez, Bernice $ 1,686.52 $ - 1.50 $ 47.43 0.00 $ - 0.00 $ - $ 1,733.95 0.00 TOTAL: $ 82,287.37 $ - 109.00 $4,592.21 119.00 $1,744.02 8.00 $ 49.26 $ 88,672.85 22.88
PUBLIC WORKS
Arrellano, Antonio $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Barajas, Michael $ 3,583.56 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,583.56 0.00 Camacho, Armando $ 1,793.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,793.08 0.00 Castro, Joseph $ 3,033.21 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,033.21 0.00 Cervantes, Pedro $ 1,454.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,454.92 0.00 Cruz-Villalobos, Eulises $ 1,174.32 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,174.32 0.00 Garcia, Destiny $ 1,757.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.23 0.00 Garcia, Guadalupe $ 1,440.05 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,440.05 0.00 Gastelum, Humberto $ 2,995.89 $1,497.95 0.00 $ - 0.00 $ - 0.00 $ - $ 4,493.84 0.00 Gutierrez Olivarez, Norberto $ 1,548.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,548.92 0.00 Hernandez, Julian $ 1,757.69 $ - 26.50 $ 997.93 0.00 $ - 33.00 $ 704.42 $ 3,460.05 0.00 Isaak, Denise $ 2,236.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 0.00 Jimenez, Gabriela $ 1,475.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,475.08 0.00 Kaur, Harmeen $ 1,843.58 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.58 0.00 Lopez, Josue $ 1,598.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,598.92 0.00 Martinez, Jaime $ 1,174.32 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,174.32 0.00 Morales, Andres $ 1,757.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.69 0.00 Ortiz, Carlos $ 1,960.31 $ - 43.00 $1,671.52 0.00 $ - 33.00 $ 788.00 $ 4,419.83 0.00 Perez, Ruben Lopez $ 1,819.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,819.38 0.00 Ramirez, Manuel $ 2,707.51 $ - 1.00 $ 50.77 0.00 $ - 0.00 $ - $ 2,758.28 0.00 Rivera, Coty $ 2,109.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,109.23 0.00 Sanchez, Daniel $ 2,694.55 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,694.55 0.00 Soto, Samuel $ 1,837.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,837.54 0.00 Tinoco, Alfonso $ 2,375.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,375.23 0.00 Valdivia, Blanco $ 945.98 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 945.98 0.00 TOTAL $ 48,917.89 $1,497.95 70.50 $2,720.22 0.00 $ - 66.00 $ 1,492.43 $ 54,628.48 0.00
PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,464.77 0.00 Campos, Manuel $ 1,890.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,890.08 0.00 Meza, Isela $ 832.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 832.00 0.00 Orozco, Jesus $ 3,763.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,763.92 0.00 Padilla, Ruth $ 2,130.00 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 2,130.00 0.00 TOTAL $ 11,080.78 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 11,080.78 0.00
PLANNING COUNCIL
Bandy, R $ - Yep, G $ -
Molloy, Cory $ - Herrera, I $ 125.00
Nehring, K $ - Nijjer, B $ 125.00
Nunez, M $ - Coleman, J $ 125.00
Felker, R $ - Pacheco, M $ 125.00
Bishop, S $ -
Villar, V $ -
Total $ - Total $ 500.00
GRAND TOTAL: $202,052.10 $1,497.95 206.46 $8,269.82 119.00 $1,744.02 74.00 $1,541.68 $ 215,105.57 25.60
Section 5, Item B.
Accounts Payable
User:
Printed:
Gmendoza
8/2/2023 3:27 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27251 11060 R MITCH COVINGTON 07/25/2023
063023 ENG- DIF-STORM DRAIN MAJOR FACILLITIES TRACT 5266 123,130.00 063023 ENG- DIF-MAJOR STREETS TRACT 5266 136,826.00
063023 ENG- DIF-OUTSIDE TRAVEL LANE WHITESBRIDGE RD 36,982.00 063023 ENG- DIF-MAJOR STREETS TRACT 5515 99,388.00
Total for Check Number 27251: 396,326.00
Total for 7/25/2023: 396,326.00
27252 10021 ALERT O LITE 07/26/2023
0137504-IN STRTS- STENCIL COAT/GUARD 140.84
0137561-IN STRTS- GATORADE CAUTION TAPE 29.65
Total for Check Number 27252: 170.49
27253 12257 AMERITAS LIFE INSURANCE CORP 07/26/2023
071823 HR- CLAIMS FUNDING ENDING 07/15/2023 1,156.26
Total for Check Number 27253: 1,156.26
27254 10054 BLUE SHIELD OF CALIFORNIA 07/26/2023
231950014397 HR- AUGUST MEDICAL COVERAGE 55,876.47
Total for Check Number 27254: 55,876.47
27255 12348 BRADY INDUSTRIES 07/26/2023
8167232 CS- JANITORIAL SUPPLIES 566.63
Total for Check Number 27255: 566.63
27256 10617 C A REDING CO INC 07/26/2023
676944 ADM- LANIER/IM C8000-CONTRACT JULY 75.58
676944 ADM- LANIER/IM C8000-CONTRACT JULY 125.96
676944 ADM- LANIER/IM C8000-CONTRACT JULY 10.08
676944 ADM- LANIER/IM C8000-CONTRACT JULY 125.96
676944 ADM- LANIER/IM C8000-CONTRACT JULY 40.31
676944 ADM- LANIER/IM C8000-CONTRACT JULY 125.96
Total for Check Number 27256: 503.85
27257 11215 CALIFORNIA INDUSTRIAL RUBBER COMPANY 07/26/2023 F-094192 SWR- 1/4 SKIRT 6" X 25" 155.21
Total for Check Number 27257: 155.21
27258 10076 CALIFORNIA POLICE CHIEFS ASSOC 07/26/2023
1619 PD- DUES WILL BARCOMA 155.00
1623 PD- DUES JOHN F GOLDEN 365.00
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 1 10 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27258: 520.00
27259 11633 FAVIOLA CARDENAS 07/26/2023
035313 CC- COUNCIL MEETING SUPPLIES- JULY 60.00
Total for Check Number 27259: 60.00
27260 12101 CENTRAL VALLEY SALINITY COALITION INC 07/26/2023 23-2168 SWR- CV SALTS P & O STUDY CONTRIBUTION 1,312.01 Total for Check Number 27260: 1,312.01
27261 10452 CITY OF FRESNO WMD 07/26/2023
COK2307027 SWR- WEEKLY LAB ANALYSIS 15.00
COK2307027 SWR- WEEKLY LAB ANALYSIS 4.00
COK2307027 WTR- WEEKLY LAB ANALYSIS 19.00
COK2307027 SWR- WEEKLY LAB ANALYSIS 13.00
COK2307027 WTR- WEEKLY LAB ANALYSIS 30.00
COK2307027 SWR- WEEKLY LAB ANALYSIS 14.00
COK2307027 WTR- WEEKLY LAB ANALYSIS 55.00
COK2307027 SWR- WEEKLY LAB ANALYSIS 48.00
Total for Check Number 27261: 198.00
27262 12213 PATRICK CLARK 07/26/2023
071823 ADM- PD REFERRAL - ROTH 2ND INSTALLMENT 250.00
Total for Check Number 27262: 250.00
27263 11203 CONSERVATION MART LLC 07/26/2023
138434 WTR CONSRV- SPRAY NOZZLES 630.81
Total for Check Number 27263: 630.81
27264 10115 CSJVRMA 07/26/2023
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 32,526.62
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 11,616.65
RMA-2024-0020 VAR- ACT VEHICLE AUTO PHYSICAL DAMAGE PROGRAM 429.04 RMA-2024-0020 VAR- 1ST QTR WORKERS COMP DEPOSIT 101,785.00 RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 34,849.95
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 19,306.95
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 26,718.30
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 4,646.66
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 9,293.32
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 104,549.85 RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 4,646.66
RMA-2024-0020 VAR- 1ST QTR LIABILITY PROGRAM 3,485.00
Total for Check Number 27264: 353,854.00
27265 10571 DITCH WITCH 07/26/2023
521610 EQUIP- TIPS HOSE SUCTION HANDLE- DITCH WITCH PARTS 1,377.57 Total for Check Number 27265: 1,377.57
27266 10159 FRESNO COUNCIL OF GOVERNMENTS 07/26/2023
071923 ADM- MEMBER DUES 2023/2024 670.00
Total for Check Number 27266: 670.00
27267 12379 GILL CHEVROLET 07/26/2023
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 2 11 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PF111254/100243 VE CAP- 2023 CHEV SILVERADO 2500HD 63,500.01 PF180694/100252 VE CAP- 2023 CHEV SILVERADO 2500HD 62,000.01 PF180724/100253 VE CAP- 2023 CHEV SILVERADO 2500HD 62,000.01 Total for Check Number 27267: 187,500.03
27268 12433 MARIBEL GONZALEZ 07/26/2023
00337719 CTC- SH DEPOSIT 07/15/23 100.00
Total for Check Number 27268: 100.00
27269 10193 HAVENS SECURITY INC 07/26/2023
1029221648 CS- ACCESS CONTROL ENTRY DOOR 420.00
Total for Check Number 27269: 420.00
27270 12432 VIVIANA HERNANDEZ 07/26/2023
00336773 CTC- SH DEPOSIT 07/22/23 100.00
Total for Check Number 27270: 100.00
27271 11923 JOE A GONSALVES & SON 07/26/2023
160891 ADM- PROFESSIONAL LEGISLATIVE REPRESENTATION JULY 2023 1,250.00 Total for Check Number 27271: 1,250.00
27272 10226 JORGENSEN & CO 07/26/2023
6079320 STRTS- 6 PAIRS OF SAFETY GLASSES 51.15
Total for Check Number 27272: 51.15
27273 10239 KERWEST INC 07/26/2023
12 PD- REGULAR SUBSCRIPTION 40.00
Total for Check Number 27273: 40.00
27274 12435 JUDY MEJIA 07/26/2023
00338330 CTC- SH DEPOSIT 07/16/23 5.00
00338549 CTC- SH DEPOSIT 07/16/23 95.00
Total for Check Number 27274: 100.00
27275 10272 MUTUAL OF OMAHA 07/26/2023
001559626869 HR- AUGUST LTD INS EMPLOYEE 589.62
001559626869 HR- AUGUST LIFE INSURANCE 498.32
001559626869 HR- AUGUST VOLUNTARY LIFE 1,196.91
001559626869 HR- AUGUST LTD INS EMPLOYER 589.62
Total for Check Number 27275: 2,874.47
27276 11181 NORTH KINGS GROUNDWATER SUSTAINABILITY AGENCY 07/26/2023 1132 WTR- CALL FOR FUNDS FY 2023-2024 1,627.19
Total for Check Number 27276: 1,627.19
27277 10282 OFFICE DEPOT 07/26/2023
304738998001 WTR- PLANNER 5.66
304738998001 SWR- PLANNER 5.66
322195058001 WTR-PENS LABELS - OFFICE SUPPLIES 62.44
322195058001 BLDG- AIRWICH REFRESHNER 26.09
322195058001 SWR-PENS LABELS - OFFICE SUPPLIES 62.44
322356056001 WTR- CALCULATORS ZIPLOC BAGS BINDER 87.22
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 3 12 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
322356056001 SWR-- CALCULATORS ZIPLOC BAGS BINDER 87.23 32256058001 BLDG- PLUG INS 11.99
Total for Check Number 27277: 348.73
27278 10305 PITNEY BOWES BANK INC PURCHASE 07/26/2023
8000-9090-0159- VAR- POSTAGE FOR METER 27.90
8000-9090-0159- VAR- POSTAGE FOR METER 9.90
8000-9090-0159- VAR- POSTAGE FOR METER 1.20
8000-9090-0159- VAR- POSTAGE FOR METER 1.50
8000-9090-0159- VAR- POSTAGE FOR METER 27.00
8000-9090-0159- VAR- POSTAGE FOR METER 0.60
8000-9090-0159- VAR- POSTAGE FOR METER 36.84
Total for Check Number 27278: 104.94
27279 12434 CINDY PONCE 07/26/2023
00326258 CTC- CTC DEPOSIT 07/15/23 400.00
Total for Check Number 27279: 400.00
27280 11006 RIGHT NOW PHLEBOTOMY 07/26/2023
23-2053 PD- BLOOD DRAW CASE 23-2053 125.00
Total for Check Number 27280: 125.00
27281 10604 S & S WORLDWIDE INC 07/26/2023
IN1012322301 CS- SUPPLIES ART IN THE PARK 107.04
Total for Check Number 27281: 107.04
27282 10329 SAN JOAQUIN VALLEY AIR POLL 07/26/2023
C350624/C7528 WTR- GENERATOR PERMIT FEE WELL #17 290.00 Total for Check Number 27282: 290.00
27283 10862 SIGNMAX 07/26/2023
0044352-IN VE SUPP- DECALS FOR VEH #1408 32.51
Total for Check Number 27283: 32.51
27284 11650 SITEONE LANDSCAPE SUPPLY COMPANY07/26/2023
132269746-001 PARKS- INSTALL BOOSTER PUMP- LIONS PARK 528.46 132388163-001 LLD- IRRIGATION SUPPLIES 609.15
132621672-001 MEDIANS- IRRIGATION SUPPLIES 194.25
Total for Check Number 27284: 1,331.86
27285 11787 SNAP ON INC 07/26/2023
ARV/58035680 VE SUPPL- HOSE CLAMP PLIERS 64.49
Total for Check Number 27285: 64.49
27286 11460 SUPERIOR POOL PRODUCTS LLC 07/26/2023
Q2023666 WTR- 190 GAL BULK CHLORINE WELL 17 704.41
Total for Check Number 27286: 704.41
27287 10354 T & T PAVEMENT MARKINGS 07/26/2023
2023268 CM- CUSTOM SIGN FOR MARY RODRIGUES 49.06
Total for Check Number 27287: 49.06
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 4 13 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27288 10357 TAYLOR MADE IRRIGATION 07/26/2023
27481 PARKS- IRRIGATION SUPPLIES- LIONS PARK 8.90
Total for Check Number 27288: 8.90
27289 10379 UNDERGROUND SERVICE ALERT OF 07/26/2023
2023118068 STREETS- MEMBERSHIP & BILLABLE TICKETS FEE 1,407.40 23USB118068 STREETS- CA STATE FEE FOR REGULATORY COSTS- 07/01/23-06/30/24 492.57 Total for Check Number 27289: 1,899.97
27290 10417 ZEP SALES AND SERVICE 07/26/2023
9008757027 VE SUPP- 2-CASES OF ZEP O SHINE-CAR-WASH 264.45 Total for Check Number 27290: 264.45
Total for 7/26/2023: 617,095.50
27291 10617 C A REDING CO INC 07/27/2023
676223 REC- CTC- LANIER MP C307 JUNE 2023 75.08
Total for Check Number 27291: 75.08
27292 11981 CENTRAL CALIFORNIA FOOD BANK 07/27/2023
AO-42255-1 CDBG- PURCHASE OF FOOD FOR COVID-19 FOOD DISTRIBUTION- JULY REMA 3.37 Total for Check Number 27292: 3.37
27293 10092 CENTRAL VALLEY TOXICOLOGY INC 07/27/2023
328226 PD- ABUSE SCREEN TEST CASE 23-1391 85.00
328227 PD- ETHYL ALCOHOL TEST CASE 23-1484 40.00
Total for Check Number 27293: 125.00
27294 10826 CROWN SERVICES CORPORATION 07/27/2023
2711734 REC- PORT A POTTS HANDWASH STATIONS- 06/21/23- FARMERS MARKET 312.69 Total for Check Number 27294: 312.69
27295 10128 DEPARTMENT OF JUSTICE 07/27/2023
667085 PD- JUNE LIVESCAN -FINGERPRINT FBI- VOLUNTEER C. NELSON 108.00 Total for Check Number 27295: 108.00
27296 11475 DISCOUNT PLAYGROUND SUPPLY INC 07/27/2023
173094 CS- BASE LAYER FAST PATCH 331.17
Total for Check Number 27296: 331.17
27297 10144 ELBERT DISTRIBUTING INC 07/27/2023
PI0053339 VE MAINT- OIL CHANGE KITS WASHER FLUID 143.84 PI0053339 PD MAINT- OIL CHANGE KITS WASHER FLUID 143.85 Total for Check Number 27297: 287.69
27298 10162 FRESNO COUNTY TREASURER 07/27/2023
SO20756 PD- 4TH QTR PRISONER PROCESSING SERVICE APR-JUNE 2023 67.10 Total for Check Number 27298: 67.10
27299 10166 FRESNO-MADERA AGENCY ON AGING 07/27/2023
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 5 14 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2612 NUT- NON-QUALIFIED MEALS (3) 16.35
2612 NUT- SITE SUPPLIES 10.26
2616 NUT- NON-QUALIFIED MEALS (5) 27.25
2616 NUT- SITE SUPPLIES 60.98
2621 NUT- SITE SUPPLIES 78.53
Total for Check Number 27299: 193.37
27300 11358 GREAT AMERICA FINANCIAL SERVICES07/27/2023
34445632 SWR-LANIER MPC307- WWTP 68.64
34445632 WTR-LANIER MPC307- WWTP 68.65
Total for Check Number 27300: 137.29
27301 10204 IDTS INC 07/27/2023
40397 PD- ANNUAL JUNE ENROLLMENT 10.00
Total for Check Number 27301: 10.00
27302 10485 JP AIR CONDITIONING & HEATING 07/27/2023
5196 CS- INSTALL NEW AC UNIT - WWTP 11,478.58
Total for Check Number 27302: 11,478.58
27303 10239 KERWEST INC 07/27/2023
24079 ADM- CLASSIFIED AD-PD CHIEF OF POLICE 06/14/23 66.00 24079 ADM- CLASSIFIED AD-PD CHIEF OF POLICE 06/14/23 66.00 24080 ADM- CLASSIFIED AD-PD ADMINISTRATIVE ASSISTANT 06/14/23 66.00 24080 ADM- CLASSIFIED AD-PD ADMINISTRATIVE ASSISTANT 06/14/23 66.00 Total for Check Number 27303: 264.00
27304 10250 LIEBERT CASSIDY WHITMORE 07/27/2023
245134 ADM- ADMIN- HR PERSONNEL MATTER- 06/2023 170.00
245595 ADM- ADMIN- HR PERSONNEL MATTER- 06/2023 444.50
245662 ADM- ADMIN- HR PERSONNEL MATTER- 06/2023 1,107.50 Total for Check Number 27304: 1,722.00
27305 10265 MONTOY LAW CORPORATION 07/27/2023
072123 CC- JUNE 2023 LEGAL FEES 5,624.50
Total for Check Number 27305: 5,624.50
27306 10282 OFFICE DEPOT 07/27/2023
316174107001 ADM- OFFICE SUPPLIES 39.22
316174453001 ADM- OFFICE SUPPLIES 461.10
Total for Check Number 27306: 500.32
27307 10289 P.G.& E. 07/27/2023
5340322355-4 WTR- DOUBLE L CHLORINATOR POWER 06/09/23-07/10/23 11.58 6039473144-6 CS- TRINIS PARK- JUNE 2023 222.56
6206788690-3 CS- CS ELECTRICITY & GAS- JUNE 2023 1,392.95 6206788690-3 CS- CS ELECTRICITY & GAS- JUNE 2023 3,988.34 6206788690-3 CS- CS ELECTRICITY & GAS- JUNE 2023 COMM SVCS 626.47 6206788690-3 CS- CS ELECTRICITY & GAS- JUNE 2023 COMM SVCS 130.00 8820061503-2 CS- COLEMAN BALLFIELD - JUNE 2023 2,145.81 8970493475-4 PARKS- KERCKHOFF PARK 06/09/23-07/10/23 222.97 Total for Check Number 27307: 8,740.68
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 6 15 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27308 11880 PERSONALIZED GIFTS FOR YOU 07/27/2023
14-5154 ADM- EMPLOYEE APPRECIATION GIFT 1,885.79
Total for Check Number 27308: 1,885.79
27309 10305 PITNEY BOWES BANK INC PURCHASE 07/27/2023
8000-9090-0159- VAR- POSTAGE FOR METER 7.20
8000-9090-0159- VAR- POSTAGE FOR METER 40.56
8000-9090-0159- VAR- POSTAGE FOR METER 27.60
8000-9090-0159- VAR- POSTAGE FOR METER 0.60
8000-9090-0159- VAR- POSTAGE FOR METER 8.70
8000-9090-0159- VAR- POSTAGE FOR METER 13.80
8000-9090-0159- VAR- POSTAGE FOR METER 74.46
8000-9090-0159- VAR- POSTAGE FOR METER 11.10
Total for Check Number 27309: 184.02
27310 12115 TAPCO 07/27/2023
I757587REV SOLAR SIGNS- 3 RED SOLAR BLINKERSIGNS 5,014.77 Total for Check Number 27310: 5,014.77
27311 10168 UNITY IT 07/27/2023
365419 TECH- MONTHLY TECH SUPPORT SERVICES- BILLING FOR JUNE 2023 3,837.25 365419 TECH- MONTHLY TECH SUPPORT SERVICES- SCADA SUPPORT JUNE 2023 42.50 365419 TECH- MONTHLY TECH SUPPORT SERVICES- SDRAM MEMORY- A CHEEMA 77.97 365419 TECH- MONTHLY TECH SUPPORT SERVICES- SCADA SUPPORT JUNE 2023 42.50 Total for Check Number 27311: 4,000.22
27312 10391 VALLEY FARM SUPPLY STORES 07/27/2023
060623 PARKS- SUPPLIES- 6 INV <$50 120.47
060723 EQUIP- SUPPLIES- 2 INV <$50 67.43
060923 STRTS- BLADES FOR 180 WALL REPAIR 65.36
061323 STRTS- SUPPLIES- 8 INV <$50 112.89
061323 WTR- SUPPLIES- 4 INV <$50 107.34
062123 VE SUPP- VE SUPPLIES- 2 INV <$50 56.63
062123 SWR- SUPPLIES- 7 INV <$50 181.23
155130 MEDIANS- PRUNING SHEARS FOR MEDIANS 98.05
155156 WTR- BACKFLOW SLAB 62.05
155157 EQUIP- 5 NEW CHAINS FOR DEWALT CHAINSAW 127.45
155195 EQUIP- RETURN -49.45
155238 LLD- SUPPLIES- 1 INV <$50 27.16
179085 EQUIP- WEEDEATER CARBORATOR 142.28
179224 EQUIP- WEEDEATER HEADS 244.05
179501 SWR- PARTS FOR PLANT 59.18
179692 MEDIANS- SUPPLIES FOR MEDIANS ON CALIFORNIA & SISKIYOU 113.31 179712 EQUIP- ECHO WEEDEATER CARBORATOR 297.96
179778 EQUIP- BLOWER CARBORATOR REPAIR 157.76
Total for Check Number 27312: 1,991.15
27313 11061 WALMART REAL ESTATE BUSINESS TRUST 07/27/2023 063023 ENG- DIF- OUTSIDE TRAVEL LANE WHITESBRIDGE RD 36,982.00 063023 ENG- DIF- TRAFFIC SIGNALS WHITESBRIDGE/GOLDENROD DEL NORTE & SIS 77,327.00 Total for Check Number 27313: 114,309.00
27314 10413 YAMABE & HORN ENGINEERING INC 07/27/2023
49086 TRACT 6236 3,226.25
49087 PM 19-01 303.96
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 7 16 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
49088 SPR 19-04 OVERNITE TRUCK PARKING 665.00
49089 KUSD FIRST STREET EXTENSION 4,022.50
49090 CWSRF WASTEWATER PLANNING GRANT 1,607.00
49091 BWC INDUSTRIAL PROPERTY 140.00
49092 TRACT 6293 8,371.27
49093 EASTSIDE COMMUNITY PARK 381.50
49094 TRACT 6302 376.28
49095 SPR 19-16 JS WEST 1,069.35
49096 VINELAND AVE REHAB-CALIFORNIA TO KEARNEY 4,742.00 49097 SGMA IMPLEMENTATION SUPPORT 330.00
49098 KEARNEY BLVD REHABILITATION- PARK TO DEL NORTE 5,335.36 49098 KEARNEY BLVD REHABILITATION- PARK TO DEL NORTE 3,376.86 49099 STANISLAUS/SAN JOAQUIN ALLEY PAVING - 1ST TO 3RD 6,900.31 49099 STANISLAUS/SAN JOAQUIN ALLEY PAVING - 1ST TO 3RD 1,239.73 49100 WELL NO 12 & 14 EMERGENCY GENERATORS 580.00
49101 NORTHWEST PARK 4,407.31
49102 LIONS PARK RECHARGE PROJECT 980.00
49103 WELL #12 TCP MITIGATION 577.50
49104 FY 21-22 STREET REHABILITATION PROJECT 330.00
49105 FY 21-22 STREET SEALING PROJECT 330.00
49106 FY 22-23 GENERAL ENGINEERING- GIS MAINTENANCE 977.50 49107 FY 22-23 GENERAL ENGINEERING 3,272.50
49108 FY 22-23 GENERAL ENGINEERING- STREETS 783.75
49109 FY 22-23 GENERAL ENGINEERING- SEWER 495.00
49110 FY 22-23 GENERAL ENGINEERING- WATER 4,002.50
49111 FY 22-23 GENERAL ENGINEERING- WATER OPERATIONS 3,200.00 49112 FY 22-23 GENERAL ENGINEERING- SEWER OPERATIONS 3,200.00 49113 SISKIYOU AVE REHABILITATION- WHITESBRIDGE TO KEARNEY 547.41 49113 SISKIYOU AVE REHABILITATION - WHITESBRIDGE TO KEARNEY 4,225.09 49114 GOLDEN AVE REHABILITATION- KEARNEY TO SJVRR 1,015.39 49114 GOLDEN AVE REHABILITATION- KEARNEY TO SJVRR 7,837.11 49115 CALIFORNIA AVE SIDEWALK- 9TH TO VINELAND 42.16
49115 CALIFORNIA AVE SIDEWALK- 9TH TO VINELAND 325.34
49116 CLEAN CA DOWNTOWN CORRIDOR REVITALIZATION 140.00
49117 FY 22-24 LLMD ASSESSMENTS 742.50
Total for Check Number 27314: 80,098.43
Total for 7/27/2023: 237,464.22
27315 12439 SAM ALAMARI 08/02/2023
339216 FIN- REFUND OVERPAYMENT ON TRANSIENT OCCUPANCY TAX APRIL 2023 395.91 Total for Check Number 27315: 395.91
27316 10037 ASCAP 08/02/2023
063023 CS- BALANCE DUE FOR ANNUAL LICENSE 01/1/23-06/30/23 15.00 Total for Check Number 27316: 15.00
27317 10271 AVENU INSIGHTS & ANALYTICS 08/02/2023
INV06-016972 ADM- SUTA SERVICE TAX QTR 03/31/23 51.61
Total for Check Number 27317: 51.61
27318 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 08/02/2023 176224115 PD- FSO OFFICE CITY OF KERMAN CALNET 697.31
Total for Check Number 27318: 697.31
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 8 17 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27319 10128 DEPARTMENT OF JUSTICE 08/02/2023
665030 PD- BLOOD ALCOHOL ANALYSIS- 14 @ $35.00 EACH 490.00 Total for Check Number 27319: 490.00
27320 10133 DEPARTMENT OF TRANSPORTATION 08/02/2023
SL231081 STRT- SIGNALS & LIGHTING APR-JUNE 2023 3,032.97 Total for Check Number 27320: 3,032.97
27321 10177 GAMETIME 08/02/2023
110032-01-02 REC- COSMIC CLIMBER 7083 2,670.87
Total for Check Number 27321: 2,670.87
27322 11358 GREAT AMERICA FINANCIAL SERVICES08/02/2023
34445633 PD- RECORDS COPIER/FAX AGREEMENT- # 019-1836642- JUNE 285.50 Total for Check Number 27322: 285.50
27323 10514 ICAD INC 08/02/2023
17234 WTR- NEW POWER SUPPLY FOR THE PLC AT WELL 14 2,285.00 Total for Check Number 27323: 2,285.00
27324 10239 KERWEST INC 08/02/2023
23020 CC- ORD 23-01 PUBLICATION 710.00
Total for Check Number 27324: 710.00
27325 10282 OFFICE DEPOT 08/02/2023
316570241001 CS- DESK FAN 21.78
316570552001 CS- COFFEE CUPS 34.43
317035623001 WTR CONSRV- OFFICE & GENERAL SUPPLIES 116.74 317035623001 BLDG- TISSUES (HARMEEN) 18.51
317039752001 BLDG- TISSUES (HARMEEN) 14.16
317577236001 STRTS- MANILA FILE FOLDERS ERASERS HIGHLIGHTERS NOTE PADS PAPER 39.86 317577236001 LLD- MANILA FILE FOLDERS ERASERS HIGHLIGHTERS NOTE PADS PAPER 39.87 317577236001 LLD- MANILA FILE FOLDERS ERASERS HIGHLIGHTERS NOTE PADS PAPER 39.86 317577236001 LLD- MANILA FILE FOLDERS ERASERS HIGHLIGHTERS NOTE PADS PAPER 39.86 318456360001 BPO- GENERAL SUPPLIES 9.80
318456360001 BPO- GENERAL SUPPLIES 9.80
318456368001 BPO- GENERAL SUPPLIES 11.98
318456368001 BPO- GENERAL SUPPLIES 8.17
318456368001 BPO- GENERAL SUPPLIES 11.98
318456368001 BPO- GENERAL SUPPLIES 8.17
318456375001 BPO- GENERAL SUPPLIES 98.58
318456375001 BPO- GENERAL SUPPLIES 98.58
318456396001 BPO- GENERAL SUPPLIES 27.24
318456396001 BPO- GENERAL SUPPLIES 27.24
318456400001 BPO- GENERAL SUPPLIES 8.70
318456400001 BPO- GENERAL SUPPLIES 8.71
Total for Check Number 27325: 694.02
27326 10289 P.G.& E. 08/02/2023
7660122617-8 PD- AC PG&E JUNE 1,206.56
Total for Check Number 27326: 1,206.56
27327 12026 PRECISION CIVIL ENGINEERING INC 08/02/2023
28020 ADM- PROFESSIONAL SERVICES PLANNER 320.00
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 9 18 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
28227 BPO- PROFESSIONAL SERVICES- 21-009.8 CITY OF KERMAN WHISPERING F 845.00 28228 BPO- PROFESSIONAL SERVICES- 21-009.8 1,245.00
28256 BPO- PROFESSIONAL SERVICES PLANNER- LAND-USE & PLANNING SERVICES 1,015.00 Total for Check Number 27327: 3,425.00
27328 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 08/02/2023 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 10.00 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 10.00 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 11.50 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 13.50 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 5.00 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 15.00 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 35.00 20230622008742 PW-VAR- SAFETY BOOTS- MANUEL RAMIREZ 121.01 Total for Check Number 27328: 221.01
27329 11387 LUISA AGUIRRE 08/02/2023
080123 REC- INSTRUCTOR FEE-ZUMBA JULY 2023 420.00
Total for Check Number 27329: 420.00
27330 12257 AMERITAS LIFE INSURANCE CORP 08/02/2023
080123 HR- AUGUST VISION PREMIUMS 780.17
Total for Check Number 27330: 780.17
27331 10035 AQUA NATURAL SOLUTIONS 08/02/2023
5130 SWR- MICROBE LIFT/SLUDGE REMOVER 957.52
Total for Check Number 27331: 957.52
27332 10037 ASCAP 08/02/2023
ACCT # 50071678 CS- BALANCE DUE FOR ANNUAL LICENSE 07/01/23-06/30/24 420.00 Total for Check Number 27332: 420.00
27333 11355 BADGER METER 08/02/2023
80132999 FIN- BEACON HOSTING SERV UNIT JULY 2023 116.31 80132999 FIN- BEACON HOSTING SERV UNIT JULY 2023 116.31 Total for Check Number 27333: 232.62
27334 12075 RHONDA BREWER 08/02/2023
080123 REC- INSTRUCTOR FEE-HIIT FITNESS JULY 2023 374.50 Total for Check Number 27334: 374.50
27335 10066 CACEO 08/02/2023
200026012 BPO- CODE COMPLIANCE TRAVEL CONFERENCE MEETINGS 2023 CACEO CONFE 500.00 Total for Check Number 27335: 500.00
27336 10078 CALIFORNIA STATE DISBURSEMENT 08/02/2023
0195001403-001 C WITHHOLDING ORDER P/R DATE 07/28/23 274.08 0195001403-01 C WITHHOLDING ORDER P/R DATE 07/14/23 319.93 Total for Check Number 27336: 594.01
27337 11983 COLLEGE OF THE SEQUOIAS-PUBLIC SAFETY TRANING 08/02/2023 399 PD- PERISHIBALE SKILLS #1 DRIVING ONLY (ARCIGA) 120.00 AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 10 19 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
399 PD- PERISHIBALE SKILLS #1 DRIVING ONLY (ROTH) 120.00 399 PD- PERISHIBALE SKILLS #1 DRIVING ONLY (MOLINA) 120.00 399 PD- PERISHIBALE SKILLS #1 DRIVING ONLY (VASQUEZ) 120.00 Total for Check Number 27337: 480.00
27338 10103 COLONIAL LIFE 08/02/2023
34202050801400 HR- JULY EMPLOYEE CONTRIBUTION 604.12
34202050801400 HR- ROUNDING ADJ -0.03
Total for Check Number 27338: 604.09
27339 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 08/02/2023 KERM-JULY 2023 PD- PRE-EMPLOYMENT POLY: LUIS GUTIERREZ 250.00 KERM-JULY 2023 PD- PRE-EMPLOYMENT POLY: REBECCA REY 250.00 Total for Check Number 27339: 500.00
27340 10157 FERGUSON ENTERPRISES INC 08/02/2023
1798962 WTR- PARTS FOR WATER BREAK REPAIRS 836.71
Total for Check Number 27340: 836.71
27341 12441 CARLOS FIGUEROA 08/02/2023
00342811 CTC- SENIOR CENTER DEPOSIT 07/22/23 150.00
Total for Check Number 27341: 150.00
27342 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 08/02/2023 #2022-5723 C FTB WAGE-GARNISHMENT- 07/14/23 137.00
#2022-5723 C FTB WAGE-GARNISHMENT- 07/28/23 137.00
Total for Check Number 27342: 274.00
27343 11167 FRESNO COUNTY TAX COLLECTOR 08/02/2023
2023-2024 VAR- VAR-SVC & ASSESSMENTS 2024 177.62
Total for Check Number 27343: 177.62
27344 10440 GLASS CENTERS 08/02/2023
13946 CS- REPLACEMENT GLASS- WWTP 245.22
Total for Check Number 27344: 245.22
27345 10485 JP AIR CONDITIONING & HEATING 08/02/2023
5209 CS- INSTALL 3 POLE CONTACTOR CTC NW UNIT 496.94
6219 CS- DIAGNOSTIC- BAD MOTOR- CTC NW UNIT 85.00
Total for Check Number 27345: 581.94
27346 10228 JS COMMUNICATIONS INC 08/02/2023
66355 PD- AUDIO ACCESSORY REMOTE SPEAKER MICROPHONE (ACT) 168.81 Total for Check Number 27346: 168.81
27347 10239 KERWEST INC 08/02/2023
24114 CC- RES 23-52 LLD NO 1 542.50
24118 CC- ORD 23-04 SUMMARY PUBLICATION 242.50
Total for Check Number 27347: 785.00
27348 12442 KAITLYN MARTINEZ 08/02/2023
00336482 CTC- SH DEPOSIT 07/29/23 100.00
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 11 20 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27348: 100.00
27349 12058 NAVIA CLIENT PAY LOCKBOX 08/02/2023
10731102A HR- JULY SEC 125 EMPLOYEE CONT 3,124.94
Total for Check Number 27349: 3,124.94
27350 10282 OFFICE DEPOT 08/02/2023
322356056002 SWR- CALCULATOR 11.98
322356056002 WTR- CALCULATOR 11.98
322901055001 ADM- GENERAL SUPPLIES 248.22
322901734001 ADM- GENERAL SUPPLIES 39.76
Total for Check Number 27350: 311.94
27351 10289 P.G.& E. 08/02/2023
2881141119-9 CS- CNG VEHICLES FUEL- JULY 2023 558.57
9081203718-3 CS- KATEYS PARK- JULY 2023 59.81
Total for Check Number 27351: 618.38
27352 12443 LUZ ANAHI PADILLA 08/02/2023
00343025 CTC- SH DEPOSIT 07/30/23 100.00
Total for Check Number 27352: 100.00
27353 12437 PATCH SUPPLY 08/02/2023
79694 PD- PD SHOULDER PATCHES 1,029.60
Total for Check Number 27353: 1,029.60
27354 12026 PRECISION CIVIL ENGINEERING INC 08/02/2023
28278 BPO- PROFESSIONAL SERVICES- 21-009.8 CITY OF KERMAN SAAD/CROWN 3,570.00 28278 BPO- PROFESSIONAL SERVICES- 21-009.8 CITY OF KERMAN SAAD/CROWN 750.00 28278 BPO- PROFESSIONAL SERVICES- 21-009.8 CITY OF KERMAN SAAD/CROWN 150.00 28305 BPO- PROFESSIONAL SERVICES PLANNER- LAND USE & PLANNING SERVICES 80.00 28339 BPO- PROFESSIONAL SERVICES PLANNER- SUBDIVISION ORDINANCE OVERVI 2,580.00 28391 BPO- PROFESSIONAL SERVICES- 21-009.8 CITY OF KERMAN WHISPERING F 420.00 28391 BPO- PROFESSIONAL SERVICES- 21-009.8 CITY OF KERMAN WHISPERING F 9,860.00 Total for Check Number 27354: 17,410.00
27355 10309 PROFORCE LAW ENFORCEMENT 08/02/2023
524273 PD- SURESHELL CAR REM 5 @ $46.54 SLI TL-RACKER REM 5 @116.69 1,164.22 Total for Check Number 27355: 1,164.22
27356 12440 ALYSIA QUINTANA 08/02/2023
00339575 CTC- SH DEPOSIT 07/23/23 100.00
Total for Check Number 27356: 100.00
27357 10316 R G EQUIPMENT OF FRESNO INC 08/02/2023
148687 EQUIP- REAR WHEEL FOR TORO 870.90
148688 EQUIP- REAR WHEEL FOR TORO 870.90
148697 EQUIP- 6 MOWER BLADES FOR TORO 234.62
Total for Check Number 27357: 1,976.42
27358 10319 RENO'S HARDWARE 08/02/2023
11522 CS- CLAMPS NUTS BOLTS- BM FENCE REPAIR KERCKHOFF PARK 9.02 AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 12 21 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27358: 9.02
27359 12438 REVIVAL ANIMAL HEALTH 08/02/2023
INV208758 PD- 3 CC MONOJECT SYRINGES 100 CT 110.68
Total for Check Number 27359: 110.68
27360 11714 ROD CARSEY 08/02/2023
23-07 BPO- PLAN CHECK FEES- JULY 2023 1,548.64
Total for Check Number 27360: 1,548.64
27361 10603 SOLENIS LLC 08/02/2023
132392785 SWR- PRAESTOL 2290 LBS 5,658.73
Total for Check Number 27361: 5,658.73
27362 10015 THE ADVANCE GROUP 08/02/2023
81371 CC- BUS CARDS REORDER PACHECO 103.81
Total for Check Number 27362: 103.81
27363 10371 TJ LAW & ASSOCIATES INVESTIGATIONS08/02/2023 23-161 PD- LAW ENFORCEMENT BACKGROUND (LIFT) 700.00
Total for Check Number 27363: 700.00
27364 10168 UNITY IT 08/02/2023
365491 TECH- SDRAM MEMORY- WWTP STAFF 137.89
365491 TECH- HP PRO MINI DESKTOP COMPUTER- DOUG 996.52
Total for Check Number 27364: 1,134.41
27365 10406 WEST HILLS OIL INC 08/02/2023
256026 VE- DIESEL FUEL 320 GALLONS 1,563.42
77646 FUEL-JULY 1-15 5,449.05
77646 FUEL-ACT PROGRAM - PD 225.62
Total for Check Number 27365: 7,238.09
Total for 8/2/2023: 67,701.85
Report Total (115 checks): 1,318,587.57
AP Checks by Date - Detail by Check Date (8/2/2023 3:27 PM) Page 13 22 Section 5, Item C.
Accounts Payable
User:
Printed:
Gmendoza
8/2/2023 3:22 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 07/28/2023
072823 C PR TAX DEPOSIT- 07/28/23- SIT PAYABLE= PIT AMOUNT 4,372.18 072823 C PR TAX DEPOSIT- 07/28/23- SDI PAYABLE= SDI AMOUNT 1,667.96 Total for this ACH Check for Vendor 10147: 6,040.14
ACH 10517 FEDERAL TAXES PAYROLL 07/28/2023
072823 C PAYROLL TAX DEPOSIT- 07/28/23- FICA PAYABLE= SOCIAL SECURITY 24,603.74 072823 C PAYROLL TAX DEPOSIT- 07/28/23- FIT PAYABLE= TAX WITHHOLDING 14,290.11 072823 C PAYROLL TAX DEPOSIT- 07/28/23- FICA MED PAYABLE= MEDICARE 5,754.22 Total for this ACH Check for Vendor 10517: 44,648.07
ACH 10518 KERMAN POLICE OFFICERS ASSN 07/28/2023
072823 C MEMBERSHIP DUES 07/28/23 711.25
Total for this ACH Check for Vendor 10518: 711.25
ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN07/28/2023
072823 C MEMBERSHIP DUES- 07/28/23 187.50
Total for this ACH Check for Vendor 10519: 187.50
ACH 10520 ICMA-RC 07/28/2023
072823 C DEFERRED COMP- 07/28/23 1,524.40
072823 C LOAN PAYMENTS 3,353.51
Total for this ACH Check for Vendor 10520: 4,877.91
Total for 7/28/2023: 56,464.87
Report Total (5 checks): 56,464.87
AP Checks by Date - Detail by Check Date (8/2/2023 3:22 PM) Page 1 23 Section 5, Item C.
CITY OF KERMAN
CD/Securities Portfolio
As of June 30, 2023 6/30/2022 6/30/2023 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid CD's:
Golman Sachs BK NY 615-030525-245 2.30% 7/26/17 7/26/22 98,000.00 (98,000.00) - - 1,117.74 Citibank Sioux Falls SD 615-030525-245 3.15% 8/14/18 8/15/22 98,000.00 (98,000.00) - - 1,539.27 Sallie Mae Bank 615-030525-245 2.65% 2/8/18 2/8/23 51,000.00 (51,000.00) - - 1,351.50 Synchrony Draper UT 615-030525-245 3.00% 4/20/18 4/20/23 96,000.00 (96,000.00) - - 2,880.00 Morgan Stanley Bank 615-030525-245 3.30% 7/12/18 7/12/23 240,000.00 240,000.00 239,841.60 7,920.00 Citibank 615-030525-245 3.30% 8/3/18 8/3/23 97,000.00 97,000.00 96,818.61 3,201.00 UBS Bank Salt Lake 615-030525-245 3.35% 10/5/18 10/5/23 98,000.00 98,000.00 97,500.20 3,283.02 Goldman Sachs Bank NY 615-030525-245 3.15% 2/6/19 2/6/24 48,000.00 48,000.00 47,387.52 1,512.00 Beal Bank USA Las Vegas Nev CFT 615-030525-245 1.55% 3/9/22 3/6/24 248,000.00 248,000.00 241,671.04 3,844.00 Ally Bank Sandy Utah 615-030525-245 2.55% 4/28/22 4/29/24 205,000.00 205,000.00 200,282.95 5,227.50 Barclays Bank Del Retail 615-030525-245 2.85% 6/2/22 6/3/24 245,000.00 245,000.00 239,281.70 6,982.50 American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 239,808.45 8,085.00 Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 239,808.45 8,085.00 Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 250,000.00 247,887.50 - Charles Schwab Bank 615-030525-245 5.20% 3/7/23 9/16/24 250,000.00 250,000.00 249,197.50 - Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 245,546.37 7,211.13 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 241,955.28 - Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 242,106.56 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 228,688.24 2,728.00 Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 235,469.50 8,207.50 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 235,491.55 4,313.01 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 223,484.97 1,245.00 US Government Bonds
Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 490,570.00 10,000.00 Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 495,200.00 - Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 494,325.00 - Average Rate 3.49%
Total CD's 2,756,000.00 2,639,000.00 - 5,395,000.00 5,272,322.99 88,772.88 24 Section 5, Item D.
CITY OF KERMAN
CD/Securities Portfolio
As of June 30, 2023 6/30/2022 6/30/2023 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance 0.01 0.01
Transfers In/(Out) 7/5/22 269.84 269.84
7/12/22 3,927.45 3,927.45
7/15/22 0.02 0.02
7/26/22 1,117.74 1,117.74
7/26/22 98,000.00 98,000.00
8/15/22 (278.84) (278.84)
8/31/22 (103,036.22) (103,036.22)
9/27/22 2,844.31 2,844.31
10/19/22 (2,844.25) (2,844.25)
10/27/22 (0.06) (0.06)
10/31/22 2,621.00 2,621.00
11/7/22 278.83 278.83
11/15/22 920.21 920.21
11/28/22 1,375.21 1,375.21
11/28/22 (3,820.04) (3,820.04)
12/5/22 3,500.81 3,500.81
12/6/22 269.84 269.84
12/15/22 891.14 891.14
12/27/22 (6,037.55) (6,037.55)
12/27/22 0.55 0.55
1/13/23 4,271.56 4,271.56
1/18/23 919.94 919.94
1/30/23 (5,191.50) (5,191.50)
1/31/23 0.64 0.64
2/6/23 1,613.65 1,613.65
2/7/23 1,041.04 1,041.04
2/9/23 51,681.30 51,681.30
2/15/23 923.67 923.67
2/16/23 (55,264.54) (55,264.54)
2/24/23 4.24 4.24
2/27/23 4.24 4.24
3/7/23 251.85 251.85
3/10/23 1,906.20 1,906.20
3/15/23 831.11 831.11
3/21/23 4,313.01 4,313.01
3/24/23 10,000.00 10,000.00
3/28/23 (17,307.86) (17,307.86)
3/28/23 1.45 1.45
3/29/23 1.45 1.45
4/6/23 278.83 278.83
4/14/23 0.03 0.03
4/17/23 919.94 919.94
4/20/23 340,000.00 340,000.00
4/21/23 (244,000.00) (244,000.00)
4/25/23 (97,209.69) (97,209.69)
4/25/23 9.44 9.44
4/26/23 9.44 9.44
5/1/23 2,606.59 2,606.59
5/8/23 269.84 269.84
5/15/23 0.40 0.40
5/16/23 890.26 890.26
5/30/23 (2,423.74) (2,423.74)
5/31/23 (1,352.79) (1,352.79)
6/1/23 0.52 0.52
25 Section 5, Item D.
CITY OF KERMAN
CD/Securities Portfolio
As of June 30, 2023 6/30/2022 6/30/2023 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid 6/5/23 3,481.69 3,481.69
6/6/23 278.83 278.83
6/15/23 0.39 0.39
6/16/23 837.77 837.77
6/20/23 82.17 82.17
6/28/23 (4,681.91) (4,681.91)
6/29/23 0.54 0.54
0.01 (0.01) - (0.00) (0.00) -
Local Agency Investment Fund
Beginning Balance 98-10-400 11,958,206.80 11,958,206.80 - Interest 0.33% 7/15/22 22,388.27 22,388.27 22,388.27
1.35% 10/14/22 40,765.56 40,765.56 40,765.56
2.07% 1/13/23 62,799.19 62,799.19 62,799.19
2.74% 4/14/23 81,445.29 81,445.29
-
Transfers In/(Out) -
-
-
Total - LAIF 1.62% 11,958,206.80 207,398.31 - 12,165,605.11 12,165,605.11 125,953.02 Central Valley Money Market Acct 015030960
Beginning Balance 3,138,035.16 3,138,035.16
Interest 7/11/22 68.78 68.78 68.78
7/29/22 130.68 130.68 130.68
8/31/22 226.98 226.98 226.98
9/30/22 206.36 206.36 206.36
10/31/22 213.26 213.26 213.26
11/30/22 206.39 206.39 206.39
12/31/22 206.41 206.41 206.41
1/31/23 220.18 220.18 220.18
2/28/23 192.67 192.67 192.67
3/31/23 213.33 213.33 213.33
4/30/23 192.70 192.70 192.70
5/31/23 227.12 227.12 227.12
6/30/23 218.54 218.54 218.54
Transfers In/(Out) 6/30/23 5,500,000.00 5,500,000.00
-
-
0.08% -
3,138,035.16 5,502,523.40 - 8,640,558.56 8,640,558.56 2,523.40 Subtotal All City Investments 1.73% 17,852,241.96 8,348,921.71 - 26,201,163.67 26,078,486.66 217,249.30 17,852,241.97 8,348,921.70 - 26,201,163.67 26,078,486.66 217,249.30 Market Value Adjustment (122,677.01)
8,348,921.70
8,348,921.70
-
Total Investments
26 Section 5, Item D.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Submittal of Local Transportation Purposes Funds (JA) RECOMMENDATION: Council by motion adopt resolution approving Submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2023-2024.
EXECUTIVE SUMMARY:
Each year the Fresno County Transportation Authority (FCTA) provides the City of Kerman with information regarding Local Transportation Purposes Funds (Measure “C”) funding allocations that will be made available to the City throughout the new fiscal year. The City is required to approve and claim these allocation amounts by way of resolution before such funds can be disbursed to the City.
DISCUSSION:
The voters of Fresno County in 2006 approved an extension of the one-half cent sales tax increase known as Measure “C” to fund regional and local transportation projects. The Fresno County Transportation Authority (FCTA) is the administering agency for these funds. The FCTA, on an annual basis, determines the allocation of Measure “C” funds to all cities and the County of Fresno based on population and road miles.
For Fiscal Year 2023-2024, the FCTA is projecting $38,622,063 in Measure “C” funds. The FCTA allocates these funds in the following categories:
Street Maintenance $17,078,542
ADA Compliance $ 597,750
Flexible Funding $17,062,529
Ped/Trails Urban $ 2,399,926
Ped/Trails Rural $ 594,257
Bicycle Facilities $ 889,059
The allocations for the City of Kerman are:
Street Maintenance $ 286,093
ADA Compliance $ 10,013
Flexible Funding $ 350,043
27 Section 5, Item E.
These allocations are based on Kerman’s 2023 population of 16,955 and 50.9 road miles. These revenues are a critical funding source to help the City maintain streets, sidewalks and infrastructure.
The City Council must adopt a resolution claiming Fiscal Year 2023-2024 Measure “C” funds, agree to spend the funds for local transportation related purposes, separately account for the funds and report prior fiscal years funding claims by November 15, 2023.
FISCAL IMPACT:
The City of Kerman will receive a total of $646,149 in Measure “C” funds in Fiscal Year 2023- 2024, according to the Fresno County Transportation Authority.
ATTACHMENTS:
A. Resolution w/Exhibit
28 Section 5, Item E.
Attachment ‘A’
RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING
SUBMITTAL OF LOCAL TRANSPORTATION PURPOSES CERTIFICATION AND CLAIM FOR FISCAL YEAR 2023-2024
WHEREAS, the City of Kerman is an eligible claimant of funds for Local Transportation Purposes pursuant to California Public Utilities Code Section 142257; and WHEREAS, the Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2023-2024 setting the City of Kerman’s percentage at 1.68% which shall be the proportionate share of local Transportation Purposes monies to which the City shall be entitled within the Fiscal Year.
NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City of Kerman hereby submits its Local Transportation Purposes Certification and Claim for Fiscal Year 2023-2024. (Exhibit ‘A’)
3. The City of Kerman hereby requests the release of funds to the City on a monthly payment basis, consistent with the adopted apportionment and proportionate to the receipts.
4. The City Council of the City of Kerman certifies:
a. Local Transportation Purposes Funds will not be used to substitute for property tax funds which the City of Kerman had previously used for Local Transportation Purposes; and
b. City of Kerman has and will segregate property tax revenues from the City’s other general funds revenues used to support Local Transportation so that verification of non-substitution can be proved through audit; and c. City of Kerman shall separately account for Local Transportation Purposes Funds received, pursuant to California Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time; and
d. City shall complete the prior fiscal years reporting requirements and claims forms no later than November 15, 2023. Reports not filed with the Authority by 29 Section 5, Item E.
November 15, 2023 will result in a stoppage of allocations until a completed report is filed for each program and sub-program.
5. The City of Kerman understands that should a financial or compliance audit reveal that the City of Kerman violated any of the requirements set forth in paragraph 3 (a), (b), (c) or (d), the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures.
6. The City hereby requests the Authority to allocate all funds that become available from the Local Transportation Purpose Funds to the City for Fiscal Year 2023-2024, as identified in the attached claim forms and indicated below, in accordance with the adopted “Procedures for Administration of Funds for Local Transportation Purposes”:
Street Maintenance $286,093
ADA Compliance $ 10,013
Flexible Funding $350,043
7. This resolution is effective upon adoption.
The foregoing resolution was approved and adopted by the City Council of the City of Kerman at a regular meeting held on the 9th day of August 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
30 Section 5, Item E.
Exhibit ‘A’
31 Section 5, Item E.
32 Section 5, Item E.
33 Section 5, Item E.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Second Amendment to Consultant Services Agreement with Precision Civil Engineering Inc. for Entitlement, Land Use, and Planning Services (JRO) RECOMMENDATIONS: Council by motion adopt a resolution approving Amendment No. 2 to Agreement for Entitlement, Land Use, and Planning Services with Precision Civil Engineering Inc.
EXECUTIVE SUMMARY:
On March 24, 2021, City Council approved a professional services agreement with Precision Civil Engineering Inc. (Consultant) to provide entitlement, land use, and planning services to supplement City staff resources in the Community Development Department (CDD) depending on project volumes, staff availability, and project complexity. On July 13, 2023, Council approved a first amendment to the agreement extending consultant services to June 30, 2024.
Due to the recent Master Fee Schedule update and increase in project demand, both the City and Consultant find it in their best interest to amend the existing agreement.
DISCUSSION:
City staff has been satisfied with the services delivered by Precision Civil Engineering Inc. under the current agreement set to expire on June 30, 2024. Staff is recommending approval of an amendment to the consultant services agreement with changes to the compensation and term of agreement necessary to meet the department’s needs.
This second amendment to the professional services agreement will take into account the updated Master Fee Schedule that went into effect July 1, 2023. The services agreement will be subject to the terms listed below and as further defined in the Professional Service Agreement attached as Exhibit ‘A’ of Attachment ‘A’.
Term Two years ending on June 30, 2025 or by 30 Day Notice by City Base Fee 50% of the Planning Application fee charged by the City ENVIRONMENTAL REVIEW:
The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) Section 15378(b)(2) because this action involves continuing administrative activities. 34 Section 5, Item F.
FISCAL IMPACT:
Entitlement, land use, and planning services are included as part of the annual budget process.
Planning entitlement application fees are paid to the City by private developers for their projects.
ATTACHMENTS:
A. Resolution w/Exhibits
35 Section 5, Item F.
Attachment ‘A’
RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH PRECISION CIVIL ENGINEERING INC. FOR
ENTITLEMENT, LAND USE, AND PLANNING SERVICES
WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 24, 2021, the City of Kerman (City) entered into an agreement with Precision Civil Engineering Inc. (Consultant) for entitlement, land use, and planning services; and WHEREAS, a First Amendment to the Agreement was approved and is set to expired on June 30, 2024; and
WHEREAS, City has updated the Master Fee Schedule that went into effect on July 1, 2023; and
WHEREAS, City and Consultant desire to adjust compensation and term of the Agreement with amendments through June 30, 2025; and
WHEREAS, amendments to compensation rates will be effective on August 9, 2023 through June 30, 2025.
NOW, THEREFORE, the Kerman City Council resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by reference.
SECTION 2. The Council approves the Second Amendment to Agreement with Precision Civil Engineering Inc. attached hereto as Exhibit ‘A’ and incorporated by reference.
SECTION 3. The City Manager or his designee is authorized to execute the Second Amendment.
SECTION 4. This resolution is effective upon adoption.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 9th day of August, 2023, and passed at said regular meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
36 Section 5, Item F.
The foregoing resolution is hereby adopted.
____________________________
Maria Pacheco
Mayor
ATTEST:
________________________________
Marci Reyes
City Clerk
37 Section 5, Item F.
Exhibit ‘A’
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF KERMAN AND PRECISION CIVIL ENGINEERING INC. FOR ENTITLEMENT, LAND-USE
AND PLANNING SERVICES
This Second Amendment to Agreement with Precisions Civil Engineering Inc. for Entitlement, Land Use, and Planning Services is entered between the City of Kerman, a California municipal corporation, (hereinafter referred to as “CITY”) and Precision Civil Engineering, Inc. (hereinafter referred to as “CONSULTANT”).
RECITALS
WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 24, 2021, the City of Kerman (City) entered into an agreement with Precision Civil Engineering Inc. (Consultant) for entitlement, land use, and planning services; and WHEREAS, a First Amendment to the Agreement was approved and is set to expire on June 30, 2024; and
WHEREAS, City has updated the Master Fee Schedule that went into effect on July 1, 2023; and
WHEREAS, City and Consultant desire to adjust compensation and term of the Agreement with amendments through June 30, 2025; and
WHEREAS, amendments to compensation rates will be effective on August 9, 2023, through June 30, 2025.
NOW, THEREFORE, the parties herby agree as follows:
1. Section 2 titled Term of Agreement is amended to read as follows:
Term of Agreement. This Agreement shall be effective from August 9, 2023 to June 30, 2025, subject to any earlier termination in accordance with this Agreement.
2. Section 3 titled Compensation is amended to read as follows:
Compensation. Effective August 9, 2023, CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be at the rate and schedules attached hereto as Exhibit ‘A – 1’, referred to “Second Amendment Fee Schedule”, which includes flat rate, cost recovery, and hourly charges.
Except as amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 38 Section 5, Item F.
IN WITNESS HEREOF, the Parties have caused this Second Amendment to the Agreement to be executed by their duly authorized representatives as of the Effective Date.
CITY OF KERMAN
A municipal corporation
______________________
John Jansons, City Manager
Date: _________, 2023
PRECISION CIVIL ENGINEERING,
INC.
__________________________
Edward D. Dunkel, President
Date: August 2, 2023
ATTEST:
_____________________
Marci Reyes, City Clerk
Date: __________, 2023
APPROVED AS TO FORM:
______________________
Hilda Cantú Montoy, City Attorney
Date: __________, 2023
39 Section 5, Item F.
Exhibit ‘A – 1’
SECOND AMENDMENT TO FEE SCHEDULE
Consultant to perform services on a flat fee, cost recovery, and hourly basis as described herein:
1| Entitlement/Planning Application Processing Services PCE will analyze projects against the City’s zoning ordinance and General Plan and prepare conditions of approval and a staff report.
2 | Cost Recovery
PCE will review and process multiple concurrent land use entitlements under a single project/development to be paid by the City when the applicant and/or property owner has consented to and entered into a cost recovery agreement with the City. PCE shall be reimbursed based on time spent on the project and bill according to the hourly rates identified in Section 5 of this contract. 3 | One-on-one staff training
• $180/hour for Planning Manager or other level training.
Entitlement Application Consultant Share
A Annexation $ 5,000
B General Plan Amendment $ 3,750
C Conditional Use Permit
Minor (no new construction) $ 1,418
Major (w/ new construction) $ 2,835
D Administrative Use Permit $ 945
E Site Plan Review
Residential / Non-Residential Minor $ 3,544
Residential / Non-Residential Major $ 5,670
F Tentative Subdivision Map + $24 for each lot over 100 $ 2,835 G Tentative Parcel Map (4 lots or less) $ 1,134
H Planned / Smart Development Plan Review $ 2,363
I Rezone / Prezone $ 3,750
J Ordinance Text Amendment $ 2,500
K Variance $ 1,418
L Density Bonus $ 1,418
CEQA Non-City Fee Based
M CEQA Categorical Exemption $ 800
N Simple Initial Study / Negative Declaration (No technical studies req.) $ 6,000 40 Section 5, Item F.
4 | Group Training
• Planning 101, Entitlement Processing, CEQA, Subdivision Map Act, etc.:
$200/1-hour session for an unlimited number of attendees. PCE would not charge for preparing the PowerPoint presentation, but it would be tailored to the City of Kerman.
5 | General Planning Services
• General Services i.e. attend and represent City in meetings, in-person counter services, responding to Planning inquiries by phone or e-mail, etc.
Hourly Rates
o Assistant Planner: $100/hour
o Associate Planner: $115/hour
o Senior Associate Planner: $125/hour
o Senior Planner: $145/hour
o Planning Manager: $180/hour
o Division Manager: $200/hour
6 | Assistance with Preparing Planning forms, documents, policies, or written processes. • $160/hour or $750 per form, document, or process, whichever is less. 41 Section 5, Item F.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Second Amendment to Consultant Services Agreement with CSG Consultants, Inc. for Building and Safety Services (JRO)
RECOMMENDATION: Council by motion adopt a resolution approving Amendment No. 2 to the Agreement for Building and Safety Services with CSG Consultants, Inc.
EXECUTIVE SUMMARY:
On March 25, 2020, City Council approved a professional services agreement with CSG Consultants, Inc. (Consultant) to provide building and safety services including certified Building Official, Building Inspector, and Plan Review services for the City. On November 10, 2021, Council approved a first amendment to the agreement extending consultant services to June 30, 2023, including an adjustment to service rates.
DISCUSSION:
City staff has been satisfied with the services delivered by the Consultant under the current agreement. Staff is recommending approval of an amendment to the consultant services agreement with changes to the compensation and term of agreement necessary to meet the department’s needs.
This second amendment to the professional services agreement will take into account the Consultant’s market rate adjustments necessary to provide the City with undisrupted building and safety services.
CSG staff works diligently in concurrence with City staff, City Engineer, Fire Marshal, and other County and State agencies to ensure public safety as it relates to construction activities within the City.
The services agreement will be subject to the terms listed below and as further defined in the Professional Service Agreement attached as Exhibit ‘A’ of Attachment ‘A’.
Term Three years ending on June 30, 2026 or by 30 Day Notice by City Base Fee Fees to include an annual CPI increase beginning July 1 of 2024 42 Section 5, Item G.
ENVIRONMENTAL REVIEW:
The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) Section 15378(b)(2) because this action involves continuing administrative activities.
FISCAL IMPACT:
Building and safety services are accounted in the annual City budget. Building and safety services are largely driven by construction and development activities, which generate revenues collect as part of permit fees.
ATTACHMENTS:
A. Resolution w/Exhibit
43 Section 5, Item G.
Attachment ‘A’
RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. FOR
BUILDING AND SAFETY SERVICES
WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 25, 2020, the City of Kerman (City) entered into an agreement with CSG Consultants, Inc. (Consultant) for building and safety services; and WHEREAS, a First Amendment to the Agreement was approved and expired on June 30, 2023, yet, funds were allocated in the FY 23/24 City budget to continue the services provided by Consultant; and
WHEREAS, City and Consultant desire to extend the term of the Agreement through June 30, 2026, and adopt new service rates.
NOW, THEREFORE, the Kerman City Council resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by reference.
SECTION 2. The Council approves the Second Amendment to Agreement with CSG Consultants Inc. attached hereto as Exhibit ‘A’ and incorporated by reference.
SECTION 3. The City Manager or his designee is authorized to execute the Second Amendment.
SECTION 4. This resolution is effective upon adoption.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 9th day of August 2023, and passed at said regular meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
44 Section 5, Item G.
The foregoing resolution is hereby adopted.
____________________
Maria Pacheco
Mayor
ATTEST:
________________________________
Marci Reyes
City Clerk
45 Section 5, Item G.
Exhibit ‘A’
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF KERMAN AND CSG CONSULTANTS, INC. FOR BUILDING AND SAFETY SERVICES
This Second Amendment to Agreement with CSG Consultants, Inc. for Building and Safety Services is entered between the City of Kerman, a California municipal corporation, (hereinafter referred to as “CITY”) and CSG Consultants, Inc. (hereinafter referred to as “CONSULTANT”).
RECITALS
WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 25, 2020, the City of Kerman (City) entered into an agreement with CSG Consultants, Inc. (Consultant) for building and safety services; and WHEREAS, a First Amendment to the Agreement was approved and expired on June 30, 2023, yet, funds were allocated in the FY 23/24 City budget to continue the services provided by Consultant; and
WHEREAS, City and Consultant desire to extend the term of the Agreement through June 30, 2026, and adopt new service rates.
NOW, THEREFORE, the parties herby agree as follows:
1. Section 2 titled Term of Agreement is amended to read as follows:
Term of Agreement. This Agreement shall be effective from August 9, 2023 to June 30, 2026, subject to any earlier termination in accordance with this Agreement.
2. Section 3 titled Compensation is amended to read as follows:
Compensation. Effective August 9, 2023, CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be at the rate and schedules attached hereto as Exhibit ‘A – 1’, referred to “Second Amendment To Fee Schedule”, which includes flat rate, cost recovery, and hourly charges.
Except as amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [Signatures On Separate Page]
46 Section 5, Item G.
IN WITNESS HEREOF, the Parties have caused this Second Amendment to the Agreement to be executed by their duly authorized representatives as of the Effective Date.
CITY OF KERMAN
A municipal corporation
______________________
John Jansons, City Manager
Date: _________, 2023
CSG CONSULTANTS, INC.
___________________________
Cyrus Kianpour, President
Date: _________, 2023
ATTEST:
_____________________
Marci Reyes, City Clerk
Date: __________, 2023
APPROVED AS TO FORM:
______________________
Hilda Cantú Montoy, City Attorney
Date: __________, 2023
August 1
47 Section 5, Item G.
Exhibit ‘A – 1’
SECOND AMENDMENT TO FEE SCHEDULE
City of Kerman
Building Services - Fee Amendment
Effective July 1, 2023
CSG's hourly rates for contract coming year are provided in the table below. These rates are for FY 23-24 and hourly rates are 4.5% increase from previous rates.
CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.
Year 2: Rates for FY 24-25 shall include an annual CPI regional adjustment to the rates below.
Year 3: Rates for FY 25-26 shall include an annual CPI regional adjustment to the FY 24-25 rates. *A two- hour minimum will be charges for inspection services.
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On July 1 of each year following the contract year, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice. 48 Section 5, Item G.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Approving Sale of Surplus Property (JA)
RECOMMENDATION: Council by motion adopt resolution approving the sale of surplus property.
EXECUTIVE SUMMARY:
The City’s Policy and Procedure for Sale of Surplus Property (“Surplus Policy”) was adopted on November 19, 2014, per Council Resolution No. 08-57.
City departments have reviewed their equipment, material and inventory, and compiled a list of surplus property, that is no longer in use. The surplus property includes equipment, material, and inventory from the Finance, Public Works, City Clerk’s and Parks and Recreation Departments such as: Ink cartridges, filing cabinets, police vehicles, machines, desks, tables and chairs. A detailed list of the equipment sought to be sold as surplus is attached to the proposed resolution.
The sale of property will be in accordance with the following process set forth in the Surplus Policy as follows:
Surplus Property; Method of Disposition
D. Disposal: Surplus property may be offered for sale by the Purchasing Officer. All surplus property is for sale “as is” and “where is”, with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability or the property offered for sale. Appropriate methods of sale are as follows:
1. Negotiated Sale: Value less than $100.00 – Any surplus property with an estimated value of less than one hundred dollars ($100.00) may be sold without any public bidding to any eligible party paying a fair price. Notice of such proposed sale shall be posted at City Hall listing the item and sale price for at least one week prior to such sale being approved by the City Council…
3. Sealed Bids: Value between $100.01 and $500.00 – Any surplus property with an estimated value of between one hundred dollars and .01/100ths ($100.01) and five hundred dollars ($500.00) shall be sold to the highest responsible bidder by sealed bids.
49 Section 5, Item H.
The method used for the property subject to sale as surplus will be negotiated sale and sealed bids.
Sale dates will be set and published according to the guidelines set forth in the Purchasing Policy.
If sale items do not receive bids or offers to purchase, the Purchasing Officer will proceed with the appropriate method of disposition listed as Donation in Section D. 5 of the Purchasing Policy.
FISCAL IMPACT:
Increase to General and Vehicle Funds.
ATTACHMENTS:
A. Resolution w/Exhibit
50 Section 5, Item H.
Attachment ‘A’
RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
APPROVING THE SALE OF SURPLUS PROPERTY
WHEREAS, the City Council has adopted Resolution No. 08-57 approving a Policy and Procedure for Sale of Surplus Property (“Surplus Policy”); and WHEREAS, the Surplus Policy provides that a sale of City-owned property will not be final until presented and approved by the City Council at a regular meeting; and WHEREAS, the City Council has reviewed the Staff Report and the list of surplus items.
WHEREAS, if no potential purchases are made on items, the purchasing officer will proceed with the donation process according in Section D. 5 of the Policy NOW, THEREFORE, the City Council of the City of Kerman does resolve as follows:
Section 1. The foregoing recitals are incorporated by reference.
Section 2. City Council approves the sale of surplus property as listed on Exhibit ‘A’ in accordance with the Surplus Policy.
Section 3. In the event no purchases are made, the Purchasing Officer is authorized to proceed with the donation process.
Section 4. This resolution is effective upon adoption.
The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held on the 9
th day of August 2021, and passed at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Marci Reyes
City Clerk
51 Section 5, Item H.
ITEM #
EQUIPMENT
NUMBER ITEM DESCRIPTION YEAR MAKE/MODEL VIN/ID NUMBER MILEAGE CONDITION QUANTITY ESTIMATED PRICE 1 Pressure Washer - Gas Powered Poor 1 $20.00
2 Desk/Table - Brown Fair 1 $5.00
3 Chair - Blue/Green Poor 8 $1.00/ea
4 Office Chair - Purple Poor 2 $1.00/ea
5 Leather office Chair - Tan Poor 2 $1.00/ea
6 Bookcase - Brown Fair 1 $20.00
7 Leather Office Chair - Black Pool 2 $1.00/ea
8 Picture Frame Fair 1 $1.00
9 Filing Cart Fair 1 $1.00
10 Table Brown Fair 1 $5.00
11 Laser Printer Canon Image Class MF644cdw Poor 1 $20.00 12 16 Channel PA System w/ Counter
Microphones & Speakers Good 1 $200.00
13 Wood Podium Fair 1 $20.00
14 Overhead Projector Fair 1 $20.00
15 Popcorn Machine - Brown Poor 1 $10.00
16 Projection Plate for use with
Overhead Projector Fair 1 $5.00
17 Portable Projection Screen DaLite Fair 2 $5.00/ea
18 Desktop Speakers for Computer Fair 2 $5.00/ea
19 10X10 Pop-up Canopy Fair 1 $10.00
20 VCR RCA Fair 1 $5.00
21 Bookshelf Stereo Sony Fair 1 $5.00
22 Stage Mats - Rolls Fair 5 $10.00 / ea
23 Pool Table Poor 2 $95.00 / ea
24 Computer cart Good 1 $10.00
25 Small Bingo Cage Fair 1 $5.00
26 Double Cassette Player Fair 1 $10.00
27 File Cabinet Good 1 $10.00
28 PA & Speaker Good 1 $10.00
29 Green Chair Good 1 $5.00
30 Silver Speaker Stands Good 2 10.00/set
31 Blue Racket Good 1 $5.00
32 Ink Cartridges Cyan C9386AN New 2 $5.00
33 Ink Cartridges Cyan XL C9391 AN New 1 $5.00
34 Ink Cartridges Yellow C9388AN New 1 $5.00
35 Ink Cartridges Magenta C9392AN New 1 $5.00
36 Ink Cartridges Magenta C9387AN New 2 $5.00
37 Dymo LabelWrier 450 Unknown 1 $5.00
38 Dymo LabelWrier 550 Unknown 1 $5.00
39 Memorx DVD+R New 77 $10.00
40 Blank CD's New 61 $7.00
41 Box of different variety cables Used/New 1 $50.00
42 Ink Cartridge CE413A New 1 $5.00
43 Ink Cartridge CE411A New 1 $5.00
44 Space heater C2550 Used 1 $5.00
45 Cash Boxes Used 3 $10.00
46 3 hole paper punch Used 3 $10.00
47 Laptop bags Used 2 $10.00
48 Wired Keyboards Used 4 $5.00
49 1401 POLICE VEHICLE 2003 FORD CROWN VIC 2FAFP71W23X190607 133210 POOR 1 $500.00 50 1454 POLICE VEHICLE 2007 FORD CROWN VIC 2FAHP71W27X128123 POOR 1 $500.00 51 1471 POLICE VEHICLE 2006 FORD CROWN VIC 2FAHP71V69X134629 106135 POOR 1 $500.00 52 1479 POLICE VEHICLE 2011 FORD CROWN VIC 2FABP7BV6BX124872 107028 POOR 1 $500.00 53 1482 POLICE VEHICLE 2011 FORD CROWN VIC 2FABP7BV9BX132058 110458 POOR 1 $500.00 54 1484 POLICE VEHICLE 2011 FORD CROWN VIC 2FABP7BV9BX138135 117344 POOR 1 $500.00 55 1278 MOWER N/A TORO MOWER 74269/260000354 2597.6 HOURS POOR 1 $500.00 56 1276 MOWER N/A TORO MOWER 74251/240000478 N/A POOR 1 $500.00 57 1445 CRACK SEAL 2010 SPAULDING MFG INC CSD-10-2202-017 953.2 HOURS POOR 1 $500.00 58 1235 SEWER MACHINE 1976 FMC SEWER MACHINE 8122841 1305.0 HOURS POOR 1 $500.00 59 1411 MUD VAC DITCH WITCH MUD VAC N/A 252.7 HOURS POOR 1 $500.00 60 1297 SWEEPER 1976 N/A N/A 3017.5 HOURS POOR 1 $500.00 61 1342 LIGHT TOWER N/A I-R LIGHT TOWER GENERATOR N/A 627.0 HOURS GOOD 1 $500.00 62 1404 SUV 2007 FORD ESCAPE 1FMYUO3147KB43328 92210 POOR 1 $500.00 63 1412 UTILITY PICK-UP 1988 FORD F-SUPERDUTY 2FDLF47G6JCB37584 169386 POOR 1 $500.00 64 1257 DUMP TRUCK 1980 FORD DUMP TRUCK F70HVJD6681 152926 POOR 1 $500.00 65 1341 MUD VAC AND SEWER TRUCK 1978 FORD 8000 VAC-ON R80QVCG8223 93173 POOR 1 $500.00 CITY OF KERMAN SURPLUS SALE LIST 2023
Exhibit 'A'
52 Section 5, Item H.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Cloud Migration Software Agreement with Springbrook Holding Company, LLC (JA) RECOMMENDATION: Council by motion adopt resolution approving a Cloud migration software agreement with Springbrook Holding Company, LLC in the amount of $15,750 for implementation and an annual cost starting at $22,900.84 with an annual increase of no more than 7% and authorize City Manager to sign the agreement.
EXECUTIVE SUMMARY:
The City of Kerman signed an agreement with Springbrook for software in 2014. With increases in technology, a Cloud version has been proposed by Springbrook Holding Company, LLC (“Springbrook”) and staff recommends to migrate Springbrook software to the Cloud.
Staff has provided all documentation to our IT department for review and IT has determined that Springbrook is hosted by Microsoft Azure, which is “a great platform” per IT’s recommendations.
Staff would not loose products or services with the upgrade, but would add increase services including a Code Compliance module and ability to accept online payment for building permits and business licenses. Implementation would not affect any processes; Springbrook would be accessed via an internet connection with user credentials and other processes would be streamlined. With the Cloud migration, the City would reduce costs by not running a data center with onsite servers, data security would be increased due to the Cloud being safer than storing on onsite servers and there is no need for a backup plan because everything would be stored on the Cloud.
Code Compliance is currently keeping records on an Excel file, but implementing the module in Springbrook would streamline processes and would make record keeping and tracking more feasible. Other modules would improve if Springbrook is moved to the Cloud are Human Resources and Payroll. Processing, updating, correcting and approving timecards would be simpler and would improve and expedite this process.
If Council adopts the resolution, the City would go into an annual renewal process with a 5% increase cap, year over year. Once we are on an annual renewal process, the Master Service Agreement will govern all aspects of the renewal process. 53 Section 5, Item I.
FISCAL IMPACT:
This upgrade has been included in the 2023/2024 budget for a total fixed/implementation cost of $15,750 and annual subscription cost of $22,900.84.
ATTACHMENTS:
A. Resolution w/Exhibit
54 Section 5, Item I.
Attachment ‘A’
RESOLUTION 23-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING CLOUD
MIGRATION SOFTWARE AGREEMENT WITH SPRINGBROOK HOLDING COMPANY, LLC IN THE AMOUNT OF $15,750 FOR IMPLEMENTATION AND AN ANNUAL COST STARTING AT $22,900.84 WITH AN ANNUAL INCREASE OF NO MORE THAN 7% AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Kerman signed an agreement with Springbrook.in 2014 for software services; and
WHEREAS, Springbrook Holding Company, LLC has proposed for the City of Kerman to migrate to the Cloud; and
WHEREAS, Unity IT, the City’s information technology consultant, has determined that Springbrook is hosted by Microsoft Azure which per Unity IT’s recommendation is a “great platform”; and
WHEREAS, the City desires to migrate Springbrook Holding Company, LLC software to the Cloud.
NOW, THEREFORE, the City Council of the City of Kerman does resolve as follows:
1. The foregoing recitals are true and correct.
2. The City Council hereby approves the Cloud Migration Agreement with Springbrook Holding Company, LLC in the amount of $15,750 for implementation and an annual cost starting at $22,900.84 with an annual increase of no more than 7% attached as Exhibit ‘A’ to this resolution and authorizes the City Manager to execute same.
3. This resolution shall be effective immediately.
The foregoing resolution was approved by the City Council to the City of Kerman at a regular meeting held on the 9
th day of August 2023 and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
55 Section 5, Item I.
The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
__________________
Marci Reyes
City Clerk
56 Section 5, Item I.
Order Form: Q-11492-1
Date: 1/27/2023, 8:07 AM
Expires On: 4/27/2023
Phone: (866) 777-0069
Email: [email protected]
Ship To:
Josefina Alvarez
City of Kerman, CA
850 S. Madera Ave
Kerman, California 93630
[email protected]
Bill To:
Josefina Alvarez
City of Kerman, CA
850 S. Madera Ave
Kerman, California 93630
[email protected]
Account Manager E-mail Phone Number Payment Terms
Gary Kaber [email protected] 520-820-6167 Net 30
Annual Product Pricing
PRODUCT RATE QTY DISC (%) NET PRICE
Utility Billing Subscription USD 13,700.00 1 80.810 USD 2,628.98 Accounts Receivable Subscription USD 3,800.00 1 72.308 USD 1,052.29 Building Permits Subscription USD 4,300.00 1 75.528 USD 1,052.29 Fixed Assets Subscription USD 4,300.00 1 75.528 USD 1,052.29 Licenses and Permits Subscription USD 4,300.00 1 75.528 USD 1,052.29 Project Management Subscription USD 4,500.00 1 69.593 USD 1,368.31 Purchase Orders Subscription USD 4,250.00 1 80.225 USD 840.43 Finance Suite Subscription USD 12,900.00 1 58.729 USD 5,323.92 Employee Self Services Subscription USD 2,200.00 1 28.333 USD 1,576.68 Human Resources Management Subscription USD 4,950.00 1 68.148 USD 1,576.68 Payroll Subscription USD 7,150.00 1 77.949 USD 1,576.68 Code and Contact Management Subscription USD 3,800.00 1 0.000 USD 3,800.00 Annual Product Pricing Total: USD 22,900.84
Estimated Professional Services
PRODUCT DESCRIPTION LIST PRICE NET PRICE QTY DISC % NET PRICE Standard Professional
Services
Standard Professional
Services
USD 189.00 USD 189.00 15 0.000 USD 2,835.00
Estimated Professional Services Total: USD 2,835.00
Exhibit 'A'
57 Section 5, Item I.
Fixed Fee Professional Services
PRODUCT DESCRIPTION RATE QTY DISC % NET PRICE
Fixed Fee Professional
Services
Fixed Fee Professional Services USD 15,750.00 1 0.000 USD 15,750.00 Fixed Fee Professional Services Total: USD 15,750.00
Grand Total: USD 41,485.84
* excludes applicable sales tax
58 Section 5, Item I.
Order Details
Customer Name: City of Kerman, CA
Customer Contact: Josefina Alvarez
Governing Agreement(s): This Order Form is governed by the applicable terms found at:
MSA: https://sprbrk.app.box.com/v/sprbrk-saas-terms
MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 Years
Order Terms
In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. • This Order Form shall become effective as of the last date of signature (the "Effective Date"). • Order Start Date: Software Licenses, Subscriptions, Maintenance, and Hosting commence upon the earlier of a) date of delivery* or log-in to hosted software to Customer; or b) 60 days after Order Form Effective Date. • Subscriptions, Maintenance, Hosting, and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, one (1) year). • Orders for Recurring Services auto-renew unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days before the end of the Order Term. • Subscription Service fees and any Recurring Services will be subject to an automatic annual increase by not more than seven percent (7%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase").
• Any Software Licenses or Hardware are one-time non-refundable purchases. • CivicPay Online Subscription fee and CivicPay IVR Subscription fee are subject to increase at per account rate, based on actual accounts.
• CivicPay IVR Message Block Subscriptions expire upon the earlier exhaustion of the Message Block or twelve (12) months from the Order Start Date. Upon expiration, Message Blocks automatically renew. * The date of delivery of software to the Customer is the date the software is made available to the Customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional logins to end-users, and the Customer go-live in a production environment.
59 Section 5, Item I.
Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows:
Products Ordered Invoice Timing
Estimated Professional Services,
On-Site Professional Services, and
Travel Expenses*:
Monthly, in arrears for services in the prior month unless specified in Special Terms.
Fixed Fee Professional Services: The Effective Date of this Order Form unless specified in Special Terms.
Print Services and Transaction Fees: Monthly, in arrears for transactions in the prior month.
Hardware and One-Time Licenses: Upon the Effective Date of this Order Form.
Software Licenses, Subscriptions,
Maintenance,
and Hosting (New):
Annually in advance upon Order Start Date.
Software Licenses, Subscriptions,
Maintenance, and Hosting
(Renewal):
Sixty (60) days in advance of the Order Start Date.
Software Subscriptions, Maintenance,
and Hosting (Add-Ons):
Upon delivery of the product, order will be pro-rated to sync with the existing anniversary billing date and will renew annually thereafter.
Software Subscriptions (Migrations): Upon delivery of the product, order will be synced with the existing anniversary billing date and will renew annually thereafter unless specified in the Special Order Terms. This order replaces and supersedes any previously executed order as it relates to the products listed within this order. Upon delivery of new product, customer will receive a prorated credit for any prepaid, unused maintenance fees that will be applied to the customer’s first invoice.
* Professional Services pricing is based on expected hours using Springbrook’s standard implementation methodology. Actual hours and billings may vary from this estimate. Please note that only when project costs exceed $5,000 of this estimate, a signed change order will be required to continue work. Changes under $5,000 will continue to be delivered and billed accordingly. On-site Professional Services will be subject to a daily minimum rate irrespective of hours on-site. All travel costs associated with on-site travel will be billed as incurred.
Special Order Terms
Special Order Terms (if any):
All CivicPay products to remain per existing order and terms.
Customer to maintain existing anniversary date.
60 Section 5, Item I.
By signing, both parties agree to the terms and conditions set forth in this agreement. * If the Customer requires a PO number on invoices, the Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.
Springbrook Holding Company, LLC Kerman, CA - City of
Signature:_________________________ Signature:__________________________ Name (Print):________________________ Name (Print):________________________ Title:_______________________________ Title:______________________________ Date:_______________________________ Date:_______________________________ Purchase Order # (if required)________________________
61 Section 5, Item I.
*If additional services are requested, a separate agreement will be required to govern the terms and cost for that additional out of scope work.
Springbrook v7 to Cloud Migration Statement of Work
Following is a description of the project scope for a v7 premise upgrade of Springbrook Software to Springbrook’s Enterprise Cloud solution. Any work or deliverables not explicitly stated below should be considered out of scope for the purposes of this agreement.
The process for migrating from a v7 premise installation of Springbrook to Springbrook’s Enterprise Cloud solution consists of the following major phases:
1. Performing a test migration. During this phase, Springbrook staff will work directly with your IT or other staff to get a current copy of the existing Springbrook database and complete an initial conversion/upgrade of the database and load it to your Cloud database for review. Only one (1) conversion/test migration will be performed as part of this project.*
2. Complete configuration of Springbrook Cloud. During this phase, a Springbrook Professional Services Consultant will work with staff to complete configuration of the Cloud system, including configuring imports, exports, and check/bill prints to ensure the Cloud system works similarly to the existing premise version. Any request to change functionality from how things work in the premise version are generally considered out of scope for the purposes of this project – this includes, but is not limited to, setting up new users or modifying permission for existing users, configuring additional imports/exports for new banks, third-party bill printers, third-party AMI providers, changing the formats of existing check prints, etc.*
3. Complete enhancement overview session. During this phase, a Springbrook Professional Services Consultant will provide one (1) overview session to your key staff of differences between Springbrook Cloud and your current v7 software. The focus of this single session is generally on understanding the differences between the two versions and does not include training/re-training in the software.*
4. Perform final data migration. During this phase, we’ll repeat the test migration, but this will be the last and final data migration to the Springbrook Cloud solution. Once Springbrook staff have obtained a copy of the current v7 database, staff will be unable to use the local version of Springbrook until the Cloud solution is live. In most cases, this downtime will span 2-3 business days (with the potential to extend up to 5 business days). Read-only access to the local v7 version of Springbrook will be available while the final Cloud migration is performed. Please note that integrated systems that rely on Springbrook data, including our CivicPay and Employee Self Service systems, will be unavailable during the final migration as well.
5. Go live with Springbrook Cloud. Once the final data migration has occurred and the Cloud system has been verified by Springbrook staff, it will be made available to your staff to begin live processing. A Springbrook Professional Services consultant will be available during the first week to field phone calls and emails regarding questions or issues discovered. Following the first week of go live, additional assistance with using Springbrook Cloud should be directed to Springbrook Technical Support resources.*
62 Section 5, Item I.
SPRINGBROOK MASTER SERVICES AGREEMENT – SOFTWARE AS A SERVICE This Springbrook Master Services Agreement (this “Agreement”) is entered into by and between Springbrook Holding Company, LLC, a Delaware corporation and affiliates with a principal place of business at 1000 SW Broadway, Suite 1900 Portland, Oregon 97205, (“Springbrook”) and Customer identified on the Order (“Customer”), together referred to as the “Parties” and each individually as a “Party.” Specific services terms, product details, and any applicable license and/or subscription terms will be set forth in applicable Order(s) which shall become binding on the parties and subject to thisAgreement.
Purchase or use of the Subscription Service (defined below) is subject to this Agreement. If Customer is entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), Customer is agreeing to this Agreement for that Entity and representing to Springbrook that it has the authority to bind such Entity to this Agreement.
1. DEFINITIONS
1.1 “Authorized User” means one individual natural person, authorized by Customer to use the Subscription Service and for whom Customer has purchased a subscription to the Subscription Service. Authorized Users may include but are not limited to Customer’s employees, contractors and agents. Each Authorized User will be associated with a single, unique email address for purposes of accessing (and being identified within) the Subscription Service.
1.2 “Customer Data” means any and all content, eDocuments, materials, data and information that Customer or its Authorized Users, or other end users enter into the Subscription Services including but not limited to, personal information, information exchanged between Customer and Authorized User or Authorized User and a third party using the Subscription Services, information used to identify account names or numbers, routing information, usernames, passwords, access codes and prompts.
1.3 “Customer” means the entity that purchases a subscription to the Subscription Service, directly from Springbrook or through an authorized reseller, distributor, or other channel partner of Springbrook.
1.4 “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.
1.5 “Online Payments Schedule” means service-specific terms and conditions applicable to the Springbrook Online Payments software, attached hereto as Exhibit C.
1.6 “Open Source Software” or “OSS” meanssoftware componentsthat are licensed under a license approved by the Open Source Initiative or similar open source or freeware license and may embedded in the delivered Software.
1.7 “Optional Subscription Services” mean the optional add-ons to the Subscription Service that may be available for purchase either directly from Springbrook or through an authorized reseller or partner of Springbrook, as more particularly described or identified in the applicable Order.
1.8 “Order Form” means written orders to purchase subscriptions and to use the Subscription Service (or, where applicable, to purchase Optional Subscription Services).
1.9 “Order Term(s)” means the Term(s) specified on the Order Form.
1.10 “Services” means the Software and services identified in a corresponding Order Form that are provided by Springbrook.
1.11 “Software” meansthe Springbrook proprietary software, in object code format, including documentation, updates, patch releases, and upgrades with respect thereto, Springbrook makes available for download or otherwise provides for use with the Subscription Service, but excludes any OSS and other third-party software.
1.12 “Specifications” means the online specifications for the Subscription Service, as made available by Springbrook at https://sprbrk.box.com/v/sprbrk-software-specs (which URL location and content may be updated from time to time by Springbrook).
1.13 “Subscription Period(s)” means the duration of Customers and Authorized User’s active, paid access to the Subscription Service, as designated in the Order Form(s). 63 Section 5, Item I.
1.14 “Subscription Service(s)” means the cloud-based Software for which Customer has obtained a subscription either directly from Springbrook or through an authorized reseller or other partner of Springbrook, as more particularly described in the applicable agreement or order under which such subscription was obtained. If and as designated in the Specifications, the Subscription Service may be inclusive of application programming interfaces (“APIs”) developed by Springbrook to enable interaction and integration with the Subscription Service. Unless otherwise specified herein or other applicable contractual terms, all references to “Subscription Service(s)” will be deemed to include Optional Subscription Services that are Springbrook Software or other Springbrook proprietary products.
1.15 “Supported Modification” means a configuration of or modification to the Subscription Service requested by Customer that can be consistently supported by Springbrook via APIs, does not require direct database changes and is capable of being tested and maintained by Springbrook.
1.16 “Third Party Services” means products, services, technology and methods other than Springbrook proprietary Software and Services.
2. USAGE AND ACCESS RIGHTS
2.1. Right to Access. Springbrook hereby grantsto Customer a limited, non-exclusive, non-transferrable rightto (a) access and use the Software and (b) implement, configure and permit its Authorized Users to access and use the Software during the Subscription Period, solely for it and its affiliates’ internal business purposes, and in accordance with the Specifications. Customer may purchase the Services by submitting Order Form. No Order Form will be deemed accepted by Springbrook unless and until Springbrook accepts such Order Form in writing. Upon Order acceptance and subject to Customer’s payment of the corresponding Services fees, Springbrook will make the Services available to Customer. Any terms and conditions contained in any quote, invoice, purchase order or Order Form that are inconsistent with the terms and conditions of this Agreement will be deemed stricken, unless expressly agreed to in writing by Springbrook with explicit reference to the accepted terms and conditions. Upon acceptance of an Order Form, it will become part of this Agreement. Customer will ensure that all its Authorized Users using the Subscription Services under its Account comply with all of Customer’s obligations under this Agreement, and Customer is responsible for their acts and omissions relating to the Agreement as though they were those of Customer. Customer acknowledges and agrees the use of the Subscription Services may require Customer to enter into separate licenses with entities other than Springbrook for Third Party Services.
2.2. Restrictions on Use. Customer shall not, and shall not permit others to, do the following with respect to the Subscription Services:
2.2.1. make the Subscription Service available to anyone other than Authorized Users;
2.2.2. use the Subscription Services, or allow access to it, in a manner that circumvents contractual usage restrictions or that exceeds Customer’s authorized use or usage metrics as set forth in this Agreement, including the applicable Order Form;
2.2.3. license, sub-license, sell re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided in this Agreement or the express permission of Springbrook;
2.2.4. use the Subscription Service in a way that (i) violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity; or (ii) effects or facilitates the storage or transmission of libelous, tortious, or otherwise unlawful material including, but not limited to, material that is harassing, threatening, or obscene;
2.2.5. access or use the Subscription Services (inclusive of any APIs) for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Subscription Services or allow access by a direct competitor of Subscription Services;
2.2.6. obtain intellectual property rights to the use of any component of the Subscription Services (inclusive of APIs);
2.2.7. create derivative works based on the Subscription Service;
2.2.8. reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services or technologies, other than copying or framing on Customer’s own intranets or otherwise for Customer’s internal business 64 Section 5, Item I.
purposes in accordance with Springbrook’s applicable documentation;
2.2.9. interfere with or disrupt the integrity, operation, or performance of the Subscription Services or interfere with the use or enjoyment of it by others by, among other things, using it to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs or circumvent or disclose the user authentication or security of the Subscription Services or any host, network, or account related thereto or use any aspect of the Subscription Service components other than those specifically identified in an Order Form, even if technically possible. Springbrook assumes no responsibility for any fraudulent or unauthorized use of the Software or any portion of the Subscription Services;
2.2.10. use or allow the use of, the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section 11.3).
2.3 Data Usage and Storage. The Subscription Service is provided with a limit of five hundred gigabytes (500GB) of data storage for all cloud environments. Additional storage can be purchased from Springbrook by Customer in blocks of five hundred megabytes (500MB), with a price of one thousand dollars ($1,000) per year. If the Subscription Service is nearing its expiration date or is otherwise terminated, Springbrook will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Springbrook. Springbrook’s Data Storage Policy can be accessed at https://sprbrk.box.com/v/sprbrk-data-storage-policy (which URL location and content may be updated from time to time by Springbrook).
2.4 Springbrook’s Responsibilities. Springbrook will: (i) make the Subscription Services available to Customer pursuant to this Agreement and any applicable Order Forms; (ii) provide to Customer support related to the Subscription Service in accordance with the Springbrook Support Terms accessible at https://sprbrk.box.com/v/sprbrk-saas-support-policy (which URL location and content may be updated from time to time by Springbrook); (iii) provide the Subscription Service only in accordance with applicable laws and government regulations; and (iv) will maintain a current PCI-DSS Attestation of Compliance (“AOC”) which shall be available upon request to Customer once per year.
2.5 Customer’s Responsibilities. Customer will (i) be responsible for meeting Springbrook’s applicable minimum system requirements accessible at https://sprbrk.box.com/v/sprbrk-minimum-requirements (which URL location and content may be updated from time to time by Springbrook) for use of the Subscription Service; (ii) be responsible for Authorized Users’ compliance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer’s account, (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data, (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Service under its account, and notify Springbrook promptly of any such unauthorized access or use, and (v) use the Subscription Service only in accordance with the applicable documentation, laws and government regulations, and any written instructions provided by Springbrook to Customer.
3. PAYMENT TERMS.
3.1. Invoicing and Payment. Springbrook will invoice Customer in advance for the Subscription Service and is payable net thirty (30) days of the invoice date. Subscription Service fees will be due thirty (30) days in advance of the first day of each Subscription period to which the payment relates. Subscription Service fees will be due no later than the first day of each Subscription Period to which the payment relates. If Customer orders additional Authorized User quantities part-way through an existing Subscription Period, and the initial Subscription Period for the additional quantity is adjusted as described herein, then the Subscription Service fee for such additional quantity will be pro-rated accordingly. Optional Subscription Services will be due at the same time as payment for the corresponding Subscription Service, or (if applicable) as otherwise specified in the applicable Order Form or governing terms. Subscription Service fees and any other recurring fees will be subject to an automatic annual increase by not more than seven percent (7%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase"). Customer is responsible for keeping Springbrook accurately and fully informed of Customer’s billing and contact information, including providing any purchase order numbers in advance of invoice issuance. Upon 65 Section 5, Item I.
execution by Customer and Springbrook, each Order Form and/or SOW is non-cancellable and nonrefundable except as provided in this Agreement.
3.2. Overdue Charges. If any fees owed are not received from Customer by the due date, then without limiting Springbrook’s rights or remedies, those charges will accrue late interest at the rate of one and a half percent (1.5%) of theoutstanding balance per month, or the maximum rate permitted by law, whichever is lower.
3.3. No Requirement for Purchase Order. Customer acknowledges that a purchase order is not required and is for administrative convenience only, and that Springbrook has the right to issue an invoice and collect payment without a corresponding purchase order. Provided, however, that if a Customer’s procurement procedure requires a purchase order number on a pertinent Order Form or SOW, the purchase order is required to be provided to Springbrook. If the Customer issues a purchase order, then it shall be for the full amount set forth in the applicable Order Form or SOW, and Springbrook hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by Customer.
3.4. Suspension of Service and Acceleration. If any amount owing by Customer under this Agreement for any of the Subscription Services is thirty (30) or more days overdue, Springbrook may, without limiting Springbrook’s other rights and remedies, accelerate Customer’s unpaid fee obligations under this Agreement (including any Order Form or SOW) so that all such obligations become immediately due and payable and suspend any use of the Subscription Service until such amounts are paid in full. Moreover, if any amount owing by Customer under this Agreement for any Subscription Services is ninety (90) days delinquent, Springbrook may, in its sole discretion, temporarily cease providing Customer Subscription Services and/or any pertinent support until past due amounts are paid in full.
3.5. Taxes. Subscription Services fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local,state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Customer is responsible for paying all Taxes. If Springbrook has the legal obligation to pay or collect Taxes for which Customer is responsible under this paragraph, the appropriate amount will be invoiced to and paid by Customer, unless Customer provides Springbrook with a valid tax exemption certificate authorized by the appropriate taxing authority prior to invoice issuance. For clarity, Springbrook is solely responsible for taxes assessable against it based on Springbrook’s income, property and employees.
4. CONFIDENTIALITY
4.1. Definition. As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that
(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,
(ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
4.2. Protection. Except as otherwise permitted in writing by the Disclosing Party and subject to the otherterms of this Agreement (including Springbrook’s Privacy Policy, accessible at https://sprbrk.box.com/v/sprbrkprivacy-policy, which URL and its content may be updated from time to time by Springbrook), (i) the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party will limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are legally bound to protect such Confidential Information consistent with this Agreement.
4.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party 66 Section 5, Item I.
if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest, limit, or protect the disclosure.
5. OWNERSHIP
5.1. Subscription Services. Subject to the limited rights expressly granted hereunder, Springbrook reserves all rights, title and interest in and to the Subscription Service and any associated Software and documentation, including all related technology and Intellectual Property Rights, and no other license or ownership may be inferred to Customer or any third party. Springbrook reserves all rights not granted herein.
5.2. Customer Data. Customer reserves all its rights, title and interest in and to the Customer Data. No rights are granted to Springbrook hereunder with respect to the Customer Data, except that Springbrook may (i) store, copy, process, and transmit such Customer Data for purposes of providing the Subscription Service to Customer and (ii) otherwise utilize Customer Data if and as permitted by the Springbrook PrivacyPolicy.
5.3. Third Party Services. Customer may choose to obtain Third Party Services for use with the Springbrook Software and Services either directly through the third party providing the Third Party Services or indirectly through Springbrook where Springbrook acts as a reseller ofthe Third Party Services. Third Party Services may require Customer to enter into a license or other agreement with such third party for use of the Third Party Services. Customer is solely responsible for obtaining any such license or other agreement for the Third Party Services. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT
THIRD-PARTY SERVICES ARE PROVIDED PURSUANT TO THE TERMS OF THE APPLICABLE THIRD-PARTY
LICENSE OR SEPARATE AGREEMENT (IF ANY) BETWEEN THE LICENSOR OF THE THIRD-PARTY SERVICES
AND CUSTOMER, CUSTOMER MAY ONLY SEEK REDRESS FOR USE OF THE THIRD-PARTY SERVICES FROM
THE THIRD PARTY PROVIDING THE THIRD-PARTY SERVICES, AND SPRINGBROOK ASSUMES NO
RESPONSIBILITY FOR, AND SPECIFICALLY DISCLAIMS ANY LIABILITY OR OBLIGATION WITH RESPECT TO, ANY THIRD-PARTY SERVICE.
5.4. Feedback. Customer grants Springbrook a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Subscription Service (or Springbrook’s other software or services) any suggestions, enhancement requests, recommendations, or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Service.
6. WARRANTIES AND DISCLAIMERS
6.1. Specifications. Subject to the limitations set forth below, Springbrook warrants that, during the Subscription Period, the Subscription Service will operate in all material respects in accordance with the Specifications. As Customer’s sole and exclusive remedy and Springbrook’s entire liability for any breach of the foregoing warranty, Springbrook will use commercially reasonable efforts to modify the Subscription Service so that it conforms to foregoing warranty.
6.2. Subscription Service Level Commitment. During the Subscription Period, Springbrook further warrantsthat the Subscription Service will meet the performance level specified in Exhibit A, which sets forth Customer’s sole and exclusive remedy for Springbrook’s failure to achieve the stated Subscription Service performance level.
6.3. Mutual Warranties. Each party represents and warrants that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against it in accordance with the terms of the Agreement; and (b) no authorization or approval from any third party is required in connection with its execution, delivery, or performance of this Agreement.
6.4. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SPRINGBROOK DOESNOT MAKE ANY WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPRINGBROOK
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY
WARRANTIES ARISINGOUTOF THE COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT 67 Section 5, Item I.
PERMITTED BY APPLICABLE LAW. Springbrook will not be responsible to the extent failure of the Subscription Service to operate as warranted is caused by or results from: (i) any modification to the Subscription Service other than a Supported Modification; (ii) combination, operation or use of the Subscription Service with Customer’s or Third Party Services, software or systems; (iii) abuse, willful misconduct or negligence by anyone other than Springbrook or Springbrook’s designee; (iv) use of the Subscription Service other than in accordance with the terms of this Agreement and/or the applicable Specifications and Springbrook documentation or (v) any of the SLC Exclusions (as defined in the Subscription Service Level Commitment).
7. MUTUAL INDEMNIFICATION
7.1. Indemnification by Customer. Customer will defend (or settle), indemnify and hold harmless Springbrook, its officers, directors, employees and subcontractors, from and against any liabilities, losses, damages and expenses, including court costs and reasonable attorneys’ fees, arising out of or in connection with any third- party claim that: (i) a third party has suffered injury, damage or loss resulting from Customer’s or any Authorized User’s use of the Subscription Service (other than any claim for which Springbrook is responsible under Section 8) in violation of this Agreement, applicable law, or the Specifications or (ii) the nature and content of all Customer Data processed by Subscription Services.
7.2. Indemnification by Springbrook. Springbrook will defend (or at Springbrook’s option, settle) any thirdparty claim, suit or action brought against Customer to the extent that it is based upon a claim that the Subscription Service, as furnished by Springbrook hereunder, infringes or misappropriates the Intellectual Property Rights of any third-party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are awarded against Customer. Springbrook will have no liability under this Section 7.2 to the extent that any third-party claims described herein are based on (i) any combination of the Subscription Service with Third Party Services or products, services, methods, or other elements not proprietary to Springbrook; (ii) any use of the Subscription Service in a manner that violates this Agreement or the instructions given to Customer by Springbrook; (iii) any use of the Subscription Services in a mannerthatit was notintended (iv) Customer’s failure to incorporate updates or upgrades that would have avoided the alleged infringement; (v) Customer’s breach of this Agreement; and/or Customer’s revisions of Subscription Services made without Springbrook’s written consent.
THIS SECTION 7.2 STATES THE ENTIRE OBLIGATION OF SPRINGBROOK AND ITS LICENSORS WITH RESPECT TO
ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS BY THE SERVICE.
7.3. Indemnification Requirements. In connection with any claim for indemnification under this Section 7, the indemnified party as a condition to receive indemnity from the indemnifying party, must: (a) provide the indemnifying party prompt written notice of such claim; (b) reasonably cooperate with the indemnifying party, at indemnified party’s expense, in defense and settlement of such claim; and (c) give sole authority to the indemnifying party to defend or settle such claim.
7.4. Mitigation Measures. In the event that (i) any claim or potential claim covered by Section 7.2 arises or (ii) Springbrook’s right to provide the Subscription Service is enjoined or in Springbrook’s reasonable opinion is likely to be enjoined, Springbrook may, in its discretion, seek to mitigate the impact of such claim or injunction by obtaining the right to continue providing the Subscription Service, by replacing or modifying the Subscription Service to make it non-infringing, and/or by suspending or terminating Customer’s use of the Subscription Service with reasonable notice to Customer. In the case of a suspension ortermination pursuant to this Section 7.4, Springbrook will refund to Customer a portion of fees prepaid by Customer for the then-current Subscription period, prorated to the portion of that Subscription period that is affected by the suspension or termination).
8. LIMITATIONS OF LIABILITY. EXCEPT FOR LIABILITY ARISING OUT OF (i) CUSTOMER’S BREACH OF SECTION 2.2 (RESTRICTIONS); (ii) EITHER PARTY’S BREACH OF SECTION 5 (CONFIDENTIALITY); OR (iii) EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, NEITHER PARTY’S AGGREGATE LIABILITY FOR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE 68 Section 5, Item I.
SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT.
Exclusion of Damages. EXCEPT FOR LIABILITY ARISING OUT OF (i) CUSTOMER’S BREACH OF SECTION 2.2 (RESTRICTIONS) OR (ii) EITHER PARTY’S BREACH OF ITS INDMENIFICATION OBLIGATIONS UNDER SECTION 7, IN
NO EVENT SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION
SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PARTY HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR RESTRICTS THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
8.1. Security and Other Risks. Customer acknowledges that, notwithstanding security features of the Subscription Service, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi-governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 7, Springbrook will have no liability for any security breach caused by any such persons, entities, or technologies. Customer further acknowledges that the Subscription Service is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Service in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Springbrook and hold it harmless against those risks.
9. SECURITY AND PERSONAL DATA
9.1. Security. Springbrook has implemented commercially viable and reasonable information security processes, policies and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Springbrook holds PCI-DSS certifications and leverages certified service providers who are vetted against industry standards such as ISO 27001 and SSAE 18 SOC 2 in the provision of the service
9.2. Customer Data. Customer shall be responsible for Customer Data as entered in to, applied or used in the Subscription Services. Customer is responsible for updating all Customer Data. In addition, Customer acknowledges that Springbrook generally does not have access to and cannot retrieve lost Customer Data. If Customer loses Customer Data, Customer may no longer have access to the Subscription Service.
Customer grants to Springbrook the non-exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Springbrook: (i) to provide the Subscription Services; (ii) to verify Customer’s compliance with the restrictions set forth in Section 2.2 (Restrictions) if Springbrook has a reasonable belief of Customer’s non-compliance; and (iii) as otherwise set forth in this Agreement. Springbrook may utilize the information concerning Customer’s use of the Subscription Services (excluding any use of Customer’s personal data or Customer’s Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to compile aggregate statistics and usage patterns by customers using the Subscription Services.
9.3. Use of Aggregate Data. Customer agreesthat Springbrook may collect, use, and disclose quantitative data derived from the use of the Subscription Services for industry analysis, benchmarking, analytics, marketing, and other business purposes. All disclosed data will be in aggregate form only and will not identify Customer, its Authorized Users, or any third parties utilizing the Subscription Services. 69 Section 5, Item I.
10. SUBSCRIPTION PERIOD AND TERMINATION
10.1. Term of Authorized User Subscriptions. Authorized User Subscriptions purchased by Customer commence on the start date specified in the applicable Order Form and, unless terminated earlier in accordance with this Agreement, continue for the term specified therein. A Subscription Period and/or pricing thereon may be subject to prorating where Springbrook deems it appropriate to cause newly purchased Subscriptions to expire or renew simultaneously with Customer’s pre-existing Subscription(s).
Except as otherwise specified in the applicable Order Form, all Subscriptions will automatically renew for additional Subscription Periods equal to the expiring Subscription Period or one year (whichever is shorter), unless either party gives the other at least sixty (60) days’ notice of non-renewal before the end ofthe relevant Subscription Period. The per-unit pricing during any such renewal Subscription Period may be subject to annual pricing increase as designated by Springbrook and notified to Customer. Pricing increases will be effective upon renewal of the Subscription Period and annually thereafter, unless otherwise agreed to by the parties. If either party provides notice of non-renewal as set forth above, Customer’s right to use the Subscription Service will terminate at the end of the relevant Order Term.
10.2. Termination or Suspension for Cause. A party may terminate any Subscription Service for cause upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. In addition, Springbrook may, at is sole option, suspend or terminate Customer’s or any Authorized User’s access to the Subscription Service, or any portion thereof, immediately if Springbrook, in its sole discretion: (i) suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data (ii) suspects that Customer or an Authorized User is using the Subscription Service in a way that violatesthis Agreement and could expose Springbrook or any other entity to harm or legal liability, or (iii) is or reasonably believes it is required to do so by law or courtorder.
10.3. Effect of Termination. If this Agreement expires or is terminated for any reason: (i) Within thirty (30) calendar days following the end of Customer’s final Subscription Period, Customer may request in writing Springbrook to provide a copy of Customer’s data and associated documents in a database dump file format. Springbrook will comply in a timely manner with such request; provided that, Customer (a) pays all costs of and associated with such copying, as calculated at Springbrook’s then-current time-andmaterials rates; (b) pays any and all unpaid amounts due to Springbrook; (ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Springbrook’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except any such services that are expressly to be provided following the expiration or termination of this Agreement; and the sections set forth in Section 11.4 of this Agreement.
10.4. Survival. Sections 4 (Confidentiality), 5 (Ownership and Proprietary Rights), 6.4 (Disclaimer), 7 (Mutual Indemnification), 8 (Limitation of Liability), 10.3 (Effect of Termination), 10.4 (Surviving Provisions), and 11 (General Provisions) will survive any termination or expiration of this Agreement.
11. GENERAL
11.1. Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) sending by confirmed email if sent during the recipient’s normal business hours (or, if not, then on the next business day). Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Subscription Service (or such other address as the recipient may thereafter specify by notice given in accordance with this Section12.1).
11.2. Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the Subscription Service or this Agreement will be the state and federal courtslocated in Portland, Oregon and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
70 Section 5, Item I.
11.3. Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, Customer will not permit Authorized Users to access or use the Subscription Service in violation of any U.S. export embargo, prohibition or restriction. Further, in connection with the services performed under this Agreement and Customer’s use of the Subscription Services, the Parties agree to comply with all applicable anticorruption and anti-bribery laws, statutes, and regulations.
11.4. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or similar relationship between the parties.
11.5. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or inequity.
11.6. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
11.7. Assignment. Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without the prior written consent of Springbrook. Any attempted assignment or transfer, without such consent, will be void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11.8. Publicity. Subject to the provisions of Section 5, each party will have the right to publicly announce the existence of the business relationship between parties. In addition, during the Subscription Period of Customer’s Subscription Service use, Springbrook may use Customer’s name, trademarks, and logos (collectively, “Customer’s Marks”) on Springbrook’s website and marketing materials to identify Customer as Springbrook’s customer, and for providing the Subscription Service to Customer; provided that, Springbrook will use commercially reasonable effortsto adhere to any usage guidelines furnished by Customer with respect to Customer’s Marks.
11.9. Force Majeure. Springbrook will not be liable for any delay or failure to perform under this Agreement to the extent such delay or failure results from circumstances or causes beyond the reasonable control of Springbrook.
11.10.Entire Agreement. This Agreement, including any attachments hereto as mutually agreed upon by the Parties, constitute the entire agreement between the Parties concerning its subject matter and supersedes all prior communications, agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by a duly authorized representative of each party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no additional or conflicting terms or conditions stated in Customer’s order documentation will be incorporated into or form any part of this Agreement, and all such terms or conditions will be null.
71 Section 5, Item I.
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EXHIBIT A
AVAILABILITY AND SECURITY
Service Availability:
Springbrook will use commercially reasonable efforts to (a) provide bandwidth sufficient for Customer’s use of the Subscription Services provided hereunder and in an applicable Order Form and (b) operate and manage the Subscription Services with a ninety-nine and one-half percent (99.5%) uptime goal (the “Availability SLA”), excluding situations identified as “Excluded” below.
“Excluded" means any outage that results from any of the following:
a. Any maintenance performed by Springbrook during Springbrook’s standard maintenance windows.
Springbrook will notify Customer within forty-eight (48) hours of any standard maintenance and within twenty-four (24) hours for other non-standard emergency maintenance (collectively referred to herein as “Scheduled Maintenance”).
b. Customer’s information content or application programming, or the acts or omissions of Customeror its agents, including, without limitation, the following:
1. Customer’s use of any programs not supplied by Springbrook;
2. Customer’s failure to provide Springbrook with reasonable advance prior notice of any pending unusual large deployments of new nodes (i.e., adding over ten (10) percent total nodes in less than twenty-four (24) hours);
3. Customer’s implementation of any significant configuration changes, including changes that lead to a greater than thirty percent (30%) change in a one week period or greater than fifty percent (50%) change in a one month period in the number of key objects in the system including but not limited to metrics, snapshots, nodes, events and business transactions;and
4. Any mis-configuration by Customer (as determined in Springbrook’s sole discretion), including, without limitation, configuration errors and bad or unintended usage of the Subscription Services; and
5. Force majeure or other circumstances beyond Springbrook’s reasonable control that couldnot be avoided by its exercise of due care.
d. Failures of the Internet backbone itself and the network by which Customer connects to the Internet backbone or any other network unavailability.
e. Any window of time when Customer agrees that Subscription Services availability/unavailability will not be monitored or counted.
f. Any problems resulting from Customer combining or merging the Subscription Services with any hardware or software not supplied by Springbrook or not identified by Springbrook in the Specifications as being compatible with the Subscription Services.
g. Interruptions or delays in providing the Subscription Services resulting from telecommunication or Internet service provider failures.
h. Customer’s or any third party’s use of the Subscription Services in an unauthorized orunlawful manner. 72 Section 5, Item I.
Springbrook Master Services Agreement – Software as a Service Page 11 (v7/22)
Remedies for Excessive Downtime:
In the event the Availability of the Subscription Services falls below the Availability SLA in a given calendar month, Springbrook will pay Customer a service credit (“Service Credit”) equal to the percentage of the fees set forth in the table below corresponding to the actual Availability of the Subscription Services during the applicable calendar month. Springbrook will apply any Service Credits only against future Service payments otherwise due from Customer. Service Credits will not entitle Customer to any refund or other payment from Springbrook. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in this Agreement, Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure by Springbrook to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this Exhibit A.
System availability is measured by the following formula: x = (n - y) *100 / n Notes:
(1) "x" is the uptime percentage; "n" is the total number of hours in the given calendar month minus scheduled downtime; and "y" is the total number of downtime hours in the given calendarmonth. (2) Specifically excluded from "n and "y" in this calculation are the exception times on scheduled upgrade and maintenance windows.
Service Availability Percentage of Monthly Service Fees Credited >99.5% 0%
95.0% - < 99.5% 5% (max of $280)
90.0% - < 95.0% 10% (max of $560)
80.0% - < 90.0% 20% (max $840)
70.0% - < 80.0% 30% (max of $1,120)
60.0% - < 70.0% 40% (max of $1,400)
< 50% 50% (max of $2,800)
Customer Account Login:
For Springbrook user interface access, Springbrook uses TLS 1.2 with AES 256 bit or similar encryption for protection of data in transit, which is supported by most modern browsers. Springbrook will also restrict applicable administrative user interface access to Customer corporate networks for additional security on written request by Customer.
Hosting:
Springbrook’s SaaS platform (servers, infrastructure and storage) for the Subscription Services is and will remain hosted in one of the largest data centers in North America, specifically designed and constructed to deliver worldclass physical security, power availability, infrastructure flexibility and growth capacity. Springbrook’s data center provider is and will remain SSAE 18 SOC2 compliant, meaning it has been fully independently audited to verify the validity and functionality of its control activities and processes. Every Server for the Services is and will remain operated in a fully redundant fail-over pair to ensure high availability. Data is and will remain backed up nightly, stored redundantly and will be restored rapidly in case of failure.
Security Patching and updates are actively evaluated by engineers and will be deployed based upon the impact and risk and stability benefits they offer to Springbrook’s SaaS platform and Customers. Springbrook will attempt to provide customers reasonable prior notice to security changes, updates and patches, unless the delay will lead to a significant risk of impact to customer data.
73 Section 5, Item I.
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Exhibit C
ONLINE PAYMENTS SCHEDULE TO SPRINGBROOK SOFTWARE
1. Definitions
“Citizen” means the person who uses Online Payments (as defined below) to complete a payment processing that results in the debiting or charging of an amount to such person’s payment instrument and the crediting of funds to Customer.
“Online Payments” means an optional third-party add-on to the Software that Springbrook facilitates designed to collect payment information for the purpose of payment processing. “Payment Application(s)” refers broadly to all third-party payment applications, gateway, processors, payment terminals, and service providers that store, process, or transmit cardholder data as part of authorization or settlement, where these payment applications are sold, distributed or licensed to Customer.
2. Online Payments
2.1 During the Term, and subject to compliance with the terms and conditions ofthis Exhibit, Springbrook will provide the right to accessto, and use of, Online Paymentsto Customer’s Authorized Users with an Online Payments enabled Account. For the avoidance of doubt, Springbrook is only facilitating access to and use of Online Payments and is not a provider of Online Payments.
2.2 To facilitate payments, Customer will be required to provide Springbrook with certain Customer Data, including specifically, information that allows Springbrook to: (a) transmit Customer’s identifying information to a Payment Application; (b) if applicable, receive appropriate payment authorization from a Payment Application; and (c) collect any other information that Customer or Payment Application requires of Springbrook in order to facilitate payment processing. Customer authorizes Springbrook to store, process, and transmit Customer Data as necessary for a Payment Application to facilitate payment processing between Customer and a third party designated by Customer. Unless otherwise provided, Online Payments will temporarily store information received from Customer,such as account information for a Payment Application only for the purpose of facilitating the payment processing.
2.3 The payment processing facilitated through Online Payments is processing activities between Customer and a third party and/or Customer and a Payment Application, and not with Springbrook. Payment Applications are independent contractors and not agents, employees or subcontractors of Springbrook.
Springbrook does not control and is not responsible for the payment methods made available by the Payment Applications through Software nor the Third-Party Services that are sold or purchased by Customer. Customer acknowledges and agrees that Springbrook cannot ensure that Citizen or third party will complete a payment processing or that it is authorized to do so.
3. Additional Customer Responsibilities
3.1 Springbrook’s provision of Online Payments is conditioned on Customer’s acknowledgement of and agreement of the following:
(a) Customer is solely responsible for registering and maintaining an account with Online Payments in order to facilitate the payment processing via Online Payments; (b) Customer is solely responsible for complying with: (i) all laws applicable to the payment processing conducted by customer via Online Payments; (ii) all terms of use or other terms and conditions between Customer and Payment Applications.
(c) Customer is solely responsible for the acts and omissions of its Authorized Users in relation to their use of Online Payments and for ensuring that such use complies with the terms of theAgreement; (d) Customer has exclusive control over and responsibility for the content, quality, and format of any payments processing it submits to be processed via Online Payments. Nothing in this Schedule may be construed to make Springbrook a party to any payment processed by Online Payments, and Springbrook makes no representation or warranty regarding the payment processing sought to be 74 Section 5, Item I.
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affected by Customer’s use of Online Payments; and
(e) Customer is solely responsible for any and all disputes with any Payment Applications or Citizens related to or in connection with a payment processing sought to be facilitated via Online Payments, including, but not limited to: (i) chargebacks; (ii) products or services not received; (iii) return of, delayed delivery of, or cancelled products or services; (iv) cancelled transactions; (v) duplicate transactions or charges; (vi) electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances; and (vii) amount of time to complete payment processing.
4. Payment Warranties; Disclaimers’ Limitation of Liability
4.1 Springbrook Payments Warranty. The parties acknowledge and agree that, notwithstanding any of the provisions of the Agreement, Customer’s sole and exclusive warranties with respect to Online Payments are set forth in the following sentence. Springbrook warrants that Online Payments as delivered to Customer and used in accordance with the Agreement and its applicable specifications will perform substantially in accordance with the specifications associated with the Software.
4.2 Disclaimer. Except for the express warrantiesfor the Software set forth above, Springbrook: (a) makes no additional representation or warrant of any kind-whether express, implied in fact or by operation of law, or statutory-with respect to Online Payments; (b) disclaims all implied warranties, including, but not limited to, merchantability, fitnessfor a particular purpose, and title; and (c) does not warrant that Online Payments will be error-free or meet Customer’s requirements. Customer has no right to make or pass on any representation or warranty on behalf of Springbrook to any third party.
4.3 Limitation of Liability. Springbrook shall not be responsible or liable for any claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute that may arise between Customer and a Citizen, and /or Customer and a Payment Application regarding the payment processing (“Payment Processing Disputes”), and Customer hereby agrees that it will not bring or assert any action, claim or cause of action in jurisdiction or forum against Springbrook arising from or relating to a Payment Processing Dispute.
5. Third Party Claims
In addition to the third party claims obligations and subject to the indemnification procedures under the Agreement, Customer will indemnify and defend Springbrook against, any Claim to the extent arising from or related to: (a) improper use of Online Payments by Customer or its Authorized Users or Citizens; (b) any breach by Customer of its obligations hereunder; (c) the nature and content of all cardholder data or any related data thereto provided by customer, its Authorized Users or Citizens through use of Online Payments; (D) violation of any law or the rights of a third party by Customer through its use of Online Payments and/or the actions or inactions of any third party to whom Customer grants permissions to use Customer’s Account or access Online Payments on Customer’s behalf; and (e) the terms of an agreement between Customer and a Citizen, or Customer and a Payment Application.
75 Section 5, Item I.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Public Hearing Ordinances Relating to Expedited Permit Process for Small Residential Rooftop Solar Systems and Repeal and Amendment of Current Ordinances and Consideration of New Ordinance (JRO)
RECOMMENDATIONS: Staff recommends Council conduct a public hearing and:
1. Waive full reading and introduce Ordinance Text Amendment 2023-03 repealing Chapter 17.94 related to Expedited Permit Process for Small Residential Rooftop Solar Systems from Title 17 of the Kerman Municipal Code; and
2. Waive full reading, and introduce Ordinance Text Amendment 2023-04 amending Section 15.04.090 of Chapter 15.04, repeal the current Chapter 15.24, and add a new Chapter 15.24 to Title 15 of the Kerman Municipal Code relating to Expedited Permit Process for Small Residential Rooftop Solar Systems
EXECUTIVE SUMMARY:
The proposed ordinance text amendments (OTA 2023-03 & OTA 2023-04) attached are Cityinitiated amendments. OTA 2023-03 will repeal Chapter 17.94 from Title 17 which was adopted in 2015 by Ordinance No 15-03, to ensure compliance with Government Code Section 65850.5 as part of Assembly Bill 2188 (Solar Rights Act). Chapter 17.94 is specific to the expedited permit processing of small residential rooftop solar energy systems wherein the Building Official is the implementing officer. OTA 2023-04 will eliminate redundant language related to fence permit requirements and replace existing language with language related expedited permit process for small residential rooftop solar systems.
The Planning Commission held a public hearing on July 10, 2023 to consider OTA 2023-03 and approved the attached (Attachment C) resolution consistent with 17.26.040 of the KMC. This will allow existing language to be transitioned into Chapter 15.24 alongside minor editorial updates as proposed by OTA 2023-04.
ANALYSIS:
Background
California Government Code § 65850.5 requires cities and counties to streamline the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems.
76 Section 6, Item A.
The City adopted Ordinance No. 15-03 on September 15, 2015, and has remained unchanged.
Traditionally, permits for small residential rooftop solar systems have been a Building Division activity, wherein the Building Official is the implementing officer. As such, repealing Chapter
17.94 and transitioning language into Title 15, the Buildings and Construction Code is practical to the Department’s permit issuance operations.
General Plan Consistency
The City of Kerman’s 2040 General Plan Conservation, Open Space, Parks and Recreation Element guides the city’s long-range growth and development policy; it establishes citywide standards, goals, and policies, implemented through the City’s municipal code and other pertinent programs. OTA 2023-04 is consistent with General Plan Goal COS-5, which encourages minimizing “energy consumption and reducing greenhouse gas emission as part of the statewide effort to combat climate change”. Furthermore, OTA 2023-04 will directly and indirectly address Policy COS-5.3 (Sustainable Building Practice), COS-5.4 (Renewable Energy Features in New Projects), and COS-5.7 (Energy Conservation Awareness). Both OTA’s will not create any inconsistencies with the General Plan.
Zoning Ordinance Consistency
As previously noted in this report, the ordinance related to Expedited Permit Process for Small Residential Rooftop Solar Systems, consistent with Government Code § 65850.5, was originally adopted under Chapter 17.94, Title 17 (Zoning Code). However, “Review of the application to install a solar energy system shall be limited to the building official’s review…”, staff has recommended existing language in compliance with Government Code § 65850.5 be transitioned into Title 15 (Building and Construction Code) of the Kerman Municipal Code via OTA 2023-04. Procedurally, OTA 2023-03 will prevent inconsistencies with the Zoning Ordinance or other KMC.
ENVIRONMENTAL REVIEW:
A preliminary environmental assessment has been performed for this project pursuant to the California Environmental and Quality Act (CEQA). There are findings to determine with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment. Therefore, this project is not subject to CEQA.
FISCAL IMPACT:
None
ATTACHMENTS:
A. Ordinance Text Amendment 2023-03 (related to Title 17) B. Ordinance Text Amendment 2023-04 (related to Title 15) C. Planning Commission Resolution w/exhibits
77 Section 6, Item A.
Attachment ‘A’
ORDINANCE NO. 23-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN REPEALING CHAPTER 17.94
RELATING TO EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS FROM TITLE 17 OF THE KERMAN MUNICIPAL CODE
The City Council of the City of Kerman does ordain as follows:
SECTION 1. Chapter 17.94 of Title 17 of the Kerman Municipal Code is hereby repealed.
SECTION 2. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.
Therefore, this project is not subject to CEQA.
SECTION 3. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after adoption.
The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council held on the 9
th day of August, 2023, and was passed and adopted at a regular meeting of the City of Kerman City Council held on ____________________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing ordinance is hereby approved.
__________________________
Maria Pacheco
Mayor
ATTEST:
_______________________________
Marci Reyes
City Clerk
78 Section 6, Item A.
Attachment ‘B’
ORDINANCE NO. 23-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN AMENDING SECTION 15.04.090 OF CHAPTER 15.04 OF TITLE 15 OF THE KERMAN MUNICIPAL CODE RELATING TO WALLS AND FENCES, REPEALING CURRENT CHAPTER 15.24 OF TITLE 15 OF THE KERMAN MUNICIPAL CODE RELATING TO FENCE PERMITS AND ADDING NEW CHAPTER 15.24 TO TITLE 15 OF THE KERMAN
MUNICIPAL CODE RELATING TO EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS
THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.04.090 of Chapter 15.04 of the Kerman Municipal Code is hereby amended to read as follows:
15.04.090 Walls and Fences.
Walls and fences shall only be constructed after first having obtained a building permit when required pursuant to Section 15.04.10 of Chapter 15.04 of this code.
SECTION 2. Chapter 15.24 of Title 15 of the Kerman Municipal Code relating to Fence Permits is hereby repealed.
SECTION 3. New Chapter 15.24 is added to Title 15 of the Kerman Municipal Code relating to Expedited Permit Process for Small Residential Rooftop Solar Systems to read as follows:
Chapter 15.24
Expedited Permit Process for Small Residential Rooftop Solar Systems Sections
15.24.010 Purpose and intent.
15.24.020 Definitions.
15.24.030 Applicability.
15.24.040 Solar energy system requirements.
15.24.050 Applications and documents.
15.24.060 Permit review and inspection requirements.
15.24.010 Purpose and intent.
The purpose of this chapter is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and 79 Section 6, Item A.
expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety.
15.24.020 Definitions.
As used in this chapter:
A. "Solar energy system" means either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electricity generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
B. "Small residential rooftop solar energy system" means all of the following:
1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards.
3. A solar energy system that is installed on a single- or two-family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
C. "Electronic submittal" means the utilization of electronic email or submittal via the Internet.
D. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
E. "Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
F. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:
1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.
80 Section 6, Item A.
2. For photovoltaic systems: an amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.
15.24.030 Applicability.
A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.
B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
C. A use permit and/or architectural review may be required for properties on the city’s list of historic resources as deemed necessary by the Building Official.
15.24.040 Solar energy system requirements.
A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.
B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
15.24.050 Applications and documents.
A. All documents required for the submission of an expedited solar energy system application shall be made available on the city website.
B. Electronic submittal of the required permit application and documents by email or the Internet shall be made available to all small residential rooftop solar energy system permit applicants.
C. The Building Division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
D. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. 81 Section 6, Item A.
15.24.060 Permit review and inspection requirements.
A. The Building Official or his or her designee shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Building Division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Building Official may require an applicant to apply for a site plan review permit consistent with application procedures under Title 17, if the Building Official finds, based on substantial evidence, development of the solar energy system could have a specific, adverse impact on the public health and safety that considers review.
B. Review of the application shall be limited to the Building Official’s review of whether the application meets local, state, and federal health and safety requirements.
C. If a site plan review permit is required, the site plan review permit may be denied when written findings for denial are made based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact.
Such findings shall include the basis for the denial of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city planning commission.
D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
F. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
G. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review.
H. The inspection shall be done in a timely manner and should include consolidated inspections.
I. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
SECTION 4. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and 82 Section 6, Item A.
determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.
Therefore, this project is not subject to CEQA.
SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.
The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council held on the 9
th day of August, 2023, and was passed and adopted at a regular meeting of the City of Kerman City Council held on ____________________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing ordinance is hereby approved.
____________________
Maria Pacheco
Mayor
ATTEST:
____________________
Marci Reyes
City Clerk
83 Section 6, Item A.
Resolution 2023-07
A RESOLUTION OF THE CITY OF KERMAN PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE TEXT AMENDMENT REPEALING CHAPTER 17.94
RELATED TO EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS FROM TITLE 17 OF THE KERMAN MUNICIPAL CODE
WHEREAS, in accordance with Section 17.26.020 subsection C of the Zoning Ordinance, the City Planner filed a written action initiating a ordinance text amendment to the Zoning Code; and
WHEREAS, the Planning Commission has conducted a duly noticed public hearing on June 28, 2023; and
WHEREAS, the proposed ordinance attached as Exhibit 'A', would repeal Chapter 17.94 related to the expedited permit process for small residential rooftop solar systems; WHEREAS, the proposed ordinance is consistent and compatible with the goals, policies, and implementation programs set forth in the General Plan; and WHEREAS, the Planning Commission reviewed all the evidence, staff report analysis, and associated revisions and determined that the proposed ordinance text amendment will not be detrimental to the public health, safety, and welfare of the persons residing or working in the City of Kerman; and
WHEREAS, the substance of the repealed ordinance will be codified in a new Chapter in Title 15, "Building Code and Regulations"; and
WHEREAS, a preliminary environmental assessment has been performed for this project pursuant to the California Environmental and Quality Act {CEQA). There are findings to determine with certainty that, pursuant to CEQA Guidelines Section 15061{b){3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment. Therefore, this project is not subject to CEQA. ; and
WHEREAS, the Planning Commission now desires recommending to the City Council to repeal Chapter 17.94 related to expedited permit process for small residential rooftop solar systems from Title 17 of the Kerman Municipal Code.
Attachment 'C'
84 Section 6, Item A.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by reference.
SECTION 2. Based upon the evidence in the staff report, staff's presentation, public testimony, and the project file, the Planning Commission recommends that the City Council recognizes the appropriateness of Ordinance Text Amendment 2023-03 by repealing Chapter 17.94 related to expedited permit process for small residential rooftop solar systems from Title 17 of the Kerman Municipal Code based on the following findings and as required by Kerman Municipal Code Section 17.26.040, the Planning Commission makes the following findings:
A. That the proposed ordinance text amendment is consistent with the General Plan.
Finding A (1}. The proposed ordinance text amendment is consistent and compatible with the goals, policies, and implementation programs set forth in the General Plan.
B. That the proposed ordinance text amendment will not have an impact on the health, safety, and welfare of the community.
Finding B (1}. The proposed ordinance text amendment will not be detrimental to the public health, safety, and welfare of the persons residing or working in the City of Kerman.
C. That the environmental document is prepared as per the California Environmental Quality Act.
Finding C (1}. As described in greater detail, above, the proposed ordinance text amendment is exempt from review under the California Environmental Quality Act {"CEQA"} {California Public Resources Code Section 21000 et seq.}, pursuant to Section 15061{b}{3} known as the common sense rule because there is no possibility that this project may have a significant, adverse, impact on the environment.
SECTION 3. Based on the foregoing the Planning Commission recommends that the City Council approve the proposed ordinance text amendment to repeal Chapter 17.94 related to expedited permit process for small residential rooftop solar systems from Title 17 of the Kerman Municipal Code which is attached as Exhibit 'A' of this Resolution.
SECTION 4. This resolution is effective upon adoption.
85 Section 6, Item A.
The foregoing Resolution was adopted at a regular meeting of the City of Kerman Planning Commission held on July 10, 2023, by the following vote:
AYES: S. Bishop, R. Bandy, M. Nunez, V. Villar, C. Molloy, K. Nehring NOES: NONE
ABSENT: R. Felker
ABSTAIN : NONE
The foregoing resolution is approved.
ScottB of~ ~
Attest:
~ £.tJ~
Chairperson
~ co
Planning Commission Secretary
86 Section 6, Item A.
Exhibit 'A'
ORDINANCE NO. 23-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN REPEALING CHAPTER 17.94
RELATING TO EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS FROM TITLE 17 OF THE KERMAN MUNICIPAL CODE
The City Council of the City of Kerman does ordain as follows:
SECTION 1. Chapter 17.94 of Title 17 of the Kerman Municipal Code is hereby repealed . . SECTION 2. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA}. The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b}(3}, there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.
Therefore, this project is not subject to CEQA.
SECTION 3. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30} days after adoption.
The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council held on the 9th day of August, 2023, and was passed and adopted at a regular meeting of the City of Kerman City Council held on ________ _, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing ordinance is hereby approved.
ATTEST:
Marci Reyes
City Clerk
Maria Pacheco
Mayor
87 Section 6, Item A.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Update on Utility Account Delinquencies and Possible Direction to Staff (JA) RECOMMENDATION: Council receive report on utility account delinquencies and provide direction to staff if any.
EXECUTIVE SUMMARY:
Staff presented to Council on February 22, 2023 an update on utility account delinquencies with a total of 322 delinquent accounts with 60 days or more past due (per SB 998 guidelines) with a total past due of $366,041.29. The majority of these accounts were residential with 304 accounts, followed my multifamily with eight accounts, commercial with eight accounts and outside City limits with two accounts.
Per Council approval, staff mailed out a notice in the April utility bill to all utility accounts, a detailed notice to all past due customers in May and a door hanger was hung at each address that was 60 days or more past due per City Policy in June. LIHWAP (Low Income Household Water Assistance Program) notices were also included with each of these notices. The City has received 44 LIHWAP payments with a total of $39,609.00. A representative from Fresno EOC will be in house at Kerman City Hall to assist any Kerman residents on August 11 and August 14 to apply for the LIHWAP.
The City went out and shut off delinquent accounts on Tuesday July 18, 2023. There were 83 utility accounts on the disconnection list. Out of the 83 accounts, 71 were residential accounts, seven were commercial accounts and five were multi-family accounts.
Residential, 71,
86%
Multi Family, 5,
6%
Commercial, 7,
8%
Delinquent Accounts by Type
Residential Multi Family Commercial
88 Section 7, Item A.
When services were disconnected, customers were required to pay their past due balance or pay the $50.00 service charge and set up a payment arrangement if they were unable to pay their past due balance.
On Tuesday July 25, 2023, the City sent out a verification list of utility accounts that had not made a payment or arranged a payment plan. The total number of utility accounts that had not met the criteria was 11, with 9 residential accounts and 2 commercial accounts.
Finance staff (Vanessa Linares, Veronica Sandoval, Ariana Mendoza Gabriela Mendoza and Jacqueline Lopez) has been diligently working these past few months and has done an amazing job. It is astonishing that our utility delinquencies are down to only 9 accounts as of Friday, July 28, 2023. There have been a total of 212 payment arrangements and staff continues to help our residents to set up a payment arrangement that fits their budget. The payment arrangements are on average for about 36 months.
FISCAL IMPACT:
Increase in Enterprise Fund revenues.
ATTACHMENTS:
None
Residential, 9,
82%
Commercial,
2, 18%
Delinquent Accounts by Type
Residential Multi Family Commercial
89 Section 7, Item A.
STAFF REPORT
MEETING DATE: August 9, 2023
PRESENTER: Jerry Jones, City Engineer
SUBJECT: Award of Contract for Kerman Northwest Park to American Paving Co. (JJ) RECOMMENDATION: Council by motion adopt resolution awarding contract for Kerman Northwest Park to American Paving Co. in the amount of $694,477.00 and authorize the City Manager to sign the contract.
EXECUTIVE SUMMARY:
The Northwest Park will be located in the northwest quadrant of the City, at Kenneth Avenue and San Joaquin Avenue. The development of the park will include concrete flatwork (sidewalk), landscape planting, and a landscape irrigation system. The Project was advertised and bids were received from six contractors on Wednesday, July 26, 2023 and the results are as follows:
Contractor Base Bid
American Paving Co. $694,477.00
Harris Development Corp. dba HBC
Enterprises
$711,422.72
Truxell & Valentino Landscape
Development, Inc.
$717,461.00
Stockbridge General Contracting, Inc. $722,554.25
Katch Environmental, Inc. $862,726.76
Caliber Contracting Services, Inc. $973,457.00
Engineer’s Estimate $795,000.00
Staff has reviewed the bid submitted by American Paving Co., along with information regarding their previous work experience. Based on review, Staff has determined the bid received to be responsive and American Paving Co. to be a responsible contractor.
FISCAL IMPACT:
The total estimated Project cost is $918,500, including design, construction, construction management, and contingency. The City has received a Prop 68 Per Capita Grant from the California 90 Section 7, Item B.
Department of Parks and Recreation in the amount of $187,422 for the Project. The remaining $731,078 will be funded with a combination of Park Development Impact Fees and Measure M.
ATTACHMENTS:
A. Resolution
91 Section 7, Item B.
Attachment ‘A’
RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
AWARDING CONTRACT FOR THE KERMAN NORTHWEST PARK,
TO AMERICAN PAVING CO.
WHEREAS, the Invitation to Bid for the Kerman Northwest Park, was published in the Kerman News on June 28, 2023 and was sent electronically and mailed to all construction trade journals specified for the City by the California Uniform Construction Cost Accounting Commission in accordance with the City’s Formal Contract Procedures and California Public Contract Code Section 22037 and; WHEREAS, the Project consists of the development of Kerman Northwest Park, within the City of Kerman; and
WHEREAS, the following bids for the Project were publicly opened and read aloud at the Kerman City Hall on July 26, 2023 at 2:00 p.m.:
Contractor Base Bid
American Paving Co. $694,477.00
Harris Development Corp. dba HBC
Enterprises
$711,422.72
Truxell & Valentino Landscape
Development, Inc.
$717,461.00
Stockbridge General Contracting, Inc. $722,554.25
Katch Environmental, Inc. $862,726.76
Caliber Contracting Services, Inc. $973,457.00
WHEREAS, the City Engineer’s Estimate was $795,000.00 for the Base Bid.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:
1. Upon the recommendation of the City Engineer, the Kerman Northwest Park be awarded to:
American Paving Co., 525 W. Alluvial Avenue, Fresno, CA 93711, in the amount of Six Hundred and Ninety-Four Thousand Four Hundred and Seventy-Seven Dollars and Zero Cents ($694,477.00).
2. The City Manager is authorized to sign the City's standard form of agreement for construction projects, as contained in the bid package on behalf of the City of Kerman. 92 Section 7, Item B.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 9
th day of August, 2023, and passed at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby approved.
Maria Pacheco
Mayor
ATTEST:
Marci Reyes
City Clerk
93 Section 7, Item B.