Kingsburg City Council
January 18, 2023

AGENDA

KINGSBURG CITY COUNCIL
REGULAR MEETING Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburg-ca.gov
THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.

Wednesday, January 18, 2023 at 6pm
Invocation to be given by John Palms, Kingsburg Task Force, followed by the Pledge of Allegiance led by Mayor Vince Palomar.
6 P.M. REGULAR SESSION MEETING:

1. Call to Order and Roll Call

2. Approve Agenda: Action by the Council to approve the agenda or to make modifications. Items that can be added to the agenda is constrained by State law.

3. Presentations:

Recognition of Citizen Warren Yoshimoto
Sponsor: City Council and Staff

4. Public Comments: This is the time for any citizen to come forward and address the City Council on any issue within its jurisdiction that is not listed on the Agenda. A maximum of five (5) minutes is allowed for each speaker.

5. Consent Calendar: Items considered routine in nature are to be placed on the Consent Calendar.

They will be considered as one item and voted upon in one vote unless individual consideration is requested. Each vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Approval of the Consent Calendar items include recitals reading ordinance(s) by titles(s) only and adoption of recommended action(s) contained in Staff Reports.

5.1 Approval of City Council Minutes: Approve the minutes from the December 21, 2022 Regular Council Meetings as prepared by City Clerk Abigail Palsgaard.

Sponsor: City Clerk’s Office

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period December 15, 2022 through January 9, 2023 as prepared by Accounts Payable Clerk Marsha Alves.

City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
Phone (559)897-5821 Fax (559)897-5568
Mayor Vince Palomar
Mayor Pro Tem Brandon Pursell, Jr.

Council Member Laura North
Council Member Staci Smith
Council Member David M. Silva
City Manager Alexander J. Henderson
Kingsburg City Council Agenda
January 18, 2023
Sponsor: Finance Department

5.3 Approve the Trolley Driver Job Description- Staff Report prepared Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services

5.4 Approve the revised proposed Wage Schedules for 01/01/2023- Staff Report prepared by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services

5.5 Approve The 2023-2024 City of Kingsburg Budget Schedule Sponsor: Finance Department

5.6 Community Service Commission Appointment- Accept Mayor Palomar’s appointment of Jenn Guerra to the Community Service Commission to a term that is set to expire November 2026.

Sponsor: City Clerk’s Office

5.7 Planning Commission Appointment- Accept Mayor Palomar’s appointment of Barbara Taylor to the Planning Commission to a term that is set to expire November 2024.

Sponsor: City Clerk’s Office

5.8 Cancelation of the February 1, 2023 City Council Meeting- Staff Report by City Clerk Abigail Palsgaard
Sponsor: City Clerk’s Office

5.9 Approve the KPFA MOU Appendix A: Incentive Plan- Staff Report prepared by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services

5.10 Kingsburg Chamber of Commerce Annual Dinner Awards:
* Citizen of the Year Award – Adopt Resolution No. 2023-001 * Junior Citizen of the Year Award – Adopt Resolution No. 2023-002 * Educator of the Year Award – Adopt Resolution No. 2023-003 * Public Safety Officer of the Year Award – Adopt Resolution No. 2023-004 * Public Safety Officer of the Year Award – Adopt Resolution No. 2023-005 * Public Safety Officer of the Year Award – Adopt Resolution No. 2023-006 * Business of the Year Award – Adopt Resolution No. 2023-007 * Recycler of the Year Award– Adopt Resolution No. 2023-008 * Agriculture Business of the Year Award– Adopt Resolution No. 2023-009 *Note: Resolutions are not included in order to maintain anonymity until Awards are presented at the Chamber Dinner on January 26, 2023 and will be available to the public on January 27, 2023
Sponsor: City Clerk’s Office

5.11 Adopt Resolution No. 2023-010 certifying and adding 393-112-41 to CFD No. 2017-

01.- Staff Report by City Clerk Abigail Palsgaard
Sponsor: City Clerk’s Office
Kingsburg City Council Agenda
January 18, 2023

5.12 Approve the Requested Closure of Marion Street for the Uptown Sprouts Event on 2/11/2023 - Staff Report by Community Services Director Adam Castaneda Sponsor: Community Services Department

5.13 Approve the CalHFA Agreements and authorize Alexander Henderson, City Manager, to execute the CalHFA Agreements on behalf of the City. - Staff Report by City Attorney Michael Noland
Sponsor: City Attorney’s Office

6. Regular Calendar

6.1 State and Federal Legislative Platform Discussion with Townsend Public Affairs, Inc. – Staff Report by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Possible Action(s):
a. Presentation by City Manager Alexander Henderson
b. Public Comment
c. Council Discussion
d. Action as Deemed Necessary

6.2 Fiber Optic Broadband Update – Staff Report by City Manager Alexander Henderson Sponsor: City Manager’s Office
Possible Action(s):
a. Presentation by City Manager Alexander Henderson
b. Public Comment
c. Council Discussion
d. Informational- No Action Necessary

6.3 Crime Statistics Report for the Month of December 2022 and General Police Department Update- Crime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.

Sponsor: Police Department
Possible Action(s):
a. Presentation by Police Chief Neil Dadian
b. Public Comment
c. Council Discussion
d. Informational- No Action Necessary

6.4 Kingsburg Tri-County Health Care District Grant Cycle– Staff Report by Community Services Director Adam Castaneda
Sponsor: Community Services Department
Possible Action(s):
a. Presentation by Community Services Director Adam Castaneda b. Public Comment
c. Council Discussion
d. Action as Deemed Necessary

6.5 Roster of Council Appointments- Staff Report by City Clerk Abigail Palsgaard Sponsor: City Clerk’s Office
Possible Action(s):
a. Presentation by Mayor Palomar
Kingsburg City Council Agenda
January 18, 2023
b. Public Comment
c. Council Discussion
d. Action as Deemed Necessary

6.6 Senate Bill 1439 (Glazer) Information- Staff Report by City Attorney Michael Noland
Sponsor: City Attorney’s Office
Possible Action(s):
a. Presentation by City Attorney Michael Noland
b. Public Comment
c. Council Discussion
d. Informational- No Action Necessary

7. Council Reports and Staff Communications

7.1 Community Services Commission

7.2 Public Safety Committee

7.3 Chamber of Commerce

7.4 Economic Development

7.5 Finance Committee

7.6 Planning Commission

7.7 South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)

7.8 Downtown Business Improvement District

7.9 Council of Governments

7.10 Council Member Reports

7.11 City Manager’s Report

8. Future Agenda Items: None.

9. The Kingsburg City Council adjourns out of the Regular Calendar into Closed Session:

9.1 California Government Code Section 54956.9

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN: 394-390-04, .689 acres; APN: 394-390-06T, .769 acres.

Agency Negotiator: Alexander Henderson
Under Negotiation: Exchange

10. Adjourn out of Close Session into Regular Kingsburg City Council Meeting and report out of Closed Session.

11. Adjourn Regular Kingsburg City Council Meeting.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the City Clerk’s office, during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.cityofkingsburg-ca.gov.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (559) 897-6520. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II].

Kingsburg City Council Agenda
January 18, 2023
I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 13th day of January 2023.
____________________________________
Abigail Palsgaard, City Clerk
CERTIFICATE of APPRECIATION

THE KINGSBURG CITY COUNCIL HEREBY RECOGNIZES
Warren Yoshimoto

FOR HIS WILLINGNESS TO TAKE ACTION AND PUT HIMSELF IN HARMS WAY TO

BREAK THE FALL OF BUILDING OFFICIAL AJ OCONNELL AND SAVE HIS LIFE ON JANUARY 4, 2023. MR. YOSHIMOTO’S SELFLESS ACTIONS SHOWED TRUE STRENGTH OF CHARACTER.

JANUARY 18,
2023
The City Council of the City of Kingsburg
hereby expresses gratitude for Mr.

Yoshimoto’s bravery.

Vince Palomar, Mayor

KINGSBURG CITY COUNCIL

REGULAR MEETING MINUTES
Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburgca.gov

THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.

Wednesday, December 21, 2022 at 6pm
Invocation was given by Pastor Tim Boynton, Kingsburg Covenant Church, followed by the Pledge of Allegiance led by Mayor Laura North.
6 P.M. REGULAR SESSION MEETING:

Call to Order and Roll Call: Mayor North called the regular meeting of the Kingsburg City Council to order at 6:07 P. M.

Council Members Present: Jewel Hurtado, Vince Palomar, Brandon Pursell, Jr., Michelle Roman, and Mayor Laura North.

Approve Agenda: A motion was made by Council Member Palomar, seconded by Council Member Roman to approve the Agenda as published. The motion carried by unanimous voice vote.

Presentations: None.

Public Comments:

Michel Brewer, resident, thanked Michelle Roman and Jewel Hurtado.

Kendra Devejian, non-resident of Fresno County, thanked Michelle Roman.

Stan Ruiz, resident, thanked Michelle Roman.

Lindsay Roman, non-resident, thanked her mom Michelle Roman.

Reorganization of City Council
City Clerk Palsgaard announces the results of the November 8, 2022 Kingsburg City Council Election.

A motion was made by Council Member Hurtado, seconded by Council Member Roman to adopt City of Kingsburg Resolution No. 2022-069 declaring result of the November 8, 2022 City Council Election. The motion carried by unanimous voice vote.

Council Members Jewel Hurtado, Vince Palomar and Michelle Roman stepped down.

City Clerk Palsgaard administered the Oath of Office to incoming Kingsburg City Council Members David Silva, Staci Smith and Vince Palomar.

City Council Members David Silva, Staci Smith and Vince Palomar took their seats on the City Council.

City Clerk Abigail Palsgaard called for nominations for Mayor. Mayor North nominated Vince Palomar.

There were no other nominations. City Clerk Palsgaard closed the nomination period. As there were no other nominations as Mayor, Vince Palomar was decided Mayor by Council.

Kingsburg City Council Minutes
December 21, 2022
Mayor Palomar called for nominations for Mayor Pro Tem. Council Member North said that she will nominate Brandon Pursell, Jr. There were no other nominations. Mayor North closed the nomination period.

A motion was made by Council Member Smith, seconded by Council Member Silva, to elect Brandon Pursell, Jr. for Mayor Pro Tem. The motion passed with a unanimous roll call vote.

Adopt Resolution 2022-070 Recognizing Jewel Hurtado for her service.

Multiple members of the public and staff recognized Jewel Hurtado for her service. Council Member North motioned, seconded by Council Member Pursell, Jr., to adopt Resolution 2022-070. The motion passed by an unanimous voice vote.

Adopt Resolution 2022-071 Recognizing Michelle Roman for her service.

Multiple members of the public and staff recognized Michelle Roman for her service. Council Member North motioned, seconded by Council Member Pursell, Jr., to adopt Resolution 2022-070. The motion passed by an unanimous voice vote.

Consent Calendar: A motion was made by Council Member Smith, seconded by Council Member Silva, to approve the items appearing on the Consent Calendar. The motion carried by unanimous voice vote of those members present.

8.1 Approval of City Council Minutes: Approve the minutes from the November 16, 2022 and December 7, 2022 Regular Council Meetings as prepared by City Clerk Abigail Palsgaard.

Sponsor: City Clerk’s Office

8.2 Check Register: Ratify/approve payment of bills listed on the check register for the period November 29, 2022 through December 14, 2022 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

8.3 Approve the proposed job description and benefits for the EMT (non-safety) position. – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover
Sponsor: Administrative Services Department

8.4 Approve the proposed job description and benefits for the Payroll Specialist position and adopt Resolution 2022-073 revising the Unrepresented Management Employees Salary and Benefit – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services Department

8.5 Approve the proposed Salary Chart Effective 1/1/2023 including position updates, cost of living adjustments and off-salary chart wages – Staff Report by Assistant City Manager/Administrative Services Director Christina Windover Sponsor: Administrative Services Department

8.6 Approve Resolution 2022-074, authorizing the connection to the City’s municipal water system to the following residence located outside the city limits, and authorize the City Manager to sign the extraterrestrial water service agreement Kingsburg City Council Minutes
December 21, 2022
with the respective property owner of 13944 S. Academy Ave, Kingsburg, CA 93631 Fresno County– Staff Report by Public Works Director Daniel Galvez Sponsor: Public Works Department

8.7 Approve Resolution 2022-075, authorizing the connection to the City’s municipal water system to the following residence located outside the city limits, and authorize the City Manager to sign the extraterrestrial water service agreement with the respective property owner 39802 Road 16, Kingsburg, CA 93631, Tulare County– Staff Report by Public Works Director Daniel Galvez Sponsor: Public Works Department
Regular Calendar

Crime Statistics Report for the Month of October 2022 and General Police Department UpdateCrime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.

Sponsor: Police Department
Police Chief Neil Dadian presented the crime stats and updates on the police department. The City did not get the Prop 68 grant.

Council Member North asked when the Prop 38 grant funding ends. Chief Dadian said 6/30/2023.

Council Member Silva asked about putting more positions forward, would it be an SRO? Chief Dadian said it was nice to get it funded by a 3rd party, but schools should pay for all or part of the position, as it is done throughout the valley.

Council Reports and Staff Communications
Community Services Commission – Nothing to report.

Public Safety Committee - Nothing to report.

Chamber of Commerce - Nothing to report.

Economic Development – There will be 5 mini-murals going up around town.

Finance Committee - Nothing to report.

Planning Commission - Nothing to report.

South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA) – Nothing to report.

Downtown Business Improvement District - Nothing to report.

Council of Governments – Nothing to report.

Council Member Reports – Nothing to report.

City Manager’s Report – City Manager Henderson reminded Council of the cancellation of the 1/4/2023 meeting.

Kingsburg City Council Minutes
December 21, 2022
Future Agenda Items:

Council Committee Assignments (1/18/2023)
Sponsor: City Manager’s Office
The Regular Kingsburg City Council Meeting was adjourned at 7:42 P. M.

Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:

Printed:
marshaa
1/11/2023 1:19 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 12/16/2022 4,866.20 ACH 3470 Internal Revenue Service - ACH 12/16/2022 59,331.03 ACH 3471 Employment Development Department - ACH12/16/2022 11,721.76 ACH 3472 CalPERS - ACH 12/16/2022 46,451.36
ACH 3475 Empower 12/16/2022 3,622.12
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 12/16/2022 240.46 ACH 3526 Public Employees Retirement System 457 Plan-Deferred Comp - ACH 12/16/2022 341.26 ACH 4707 ICMA-WIRE 401(A) 12/16/2022 250.00
82623 3660 KPFA 12/16/2022 640.00
82624 3525 Kingsburg Police KPOA 12/16/2022 1,060.00
82625 3716 FRANCHISE TAX BOARD STATE OF CALIFORNIA 12/16/2022 100.00 Total for 12/16/2022: 128,624.19
82626 3006 AIRGAS NCN 12/22/2022 674.97
82627 4545 AMAZON.COM SALES, INC. 12/22/2022 608.10
82628 4785 AMERICAN PLANNING ASSOCIATE 12/22/2022 672.00 82629 4628 JOSEFINO AREVALO 12/22/2022 17.00
82630 4307 AT & T MOBILITY 12/22/2022 2,189.73
82631 3029 AT&T CALNET 3 12/22/2022 611.96
82632 4794 ROBERT BEJARANO 12/22/2022 125.00
82633 3039 BERMAN'S FLOWERS & GIFTS 12/22/2022 73.56
82634 3634 RYAN BOYD 12/22/2022 231.07
82635 3054 BSK ASSOCIATES 12/22/2022 493.00
82636 4786 CALAFCO 12/22/2022 300.00
82637 4429 CANON FINANCIAL SERVICES, INC 12/22/2022 1,583.39 82638 3991 JOSH CAREY 12/22/2022 17.00
82639 4491 GABRIEL CASTELLANOS 12/22/2022 17.00
82640 3077 CENTRAL VALLEY OVERHEAD DOOR 12/22/2022 190.00 82641 3101 CITY OF SANGER FIRE 12/22/2022 3,714.70
82642 3607 CIVICPLUS 12/22/2022 597.29
82643 3108 CMRTA 12/22/2022 150.00
82644 3110 COLLEGE OF THE SEQUOIAS 12/22/2022 416.00
82645 3119 COOK'S COMMUNICATIONS CORP. 12/22/2022 34,859.41 82646 4448 CORE & MAIN 12/22/2022 511.70
82647 4385 CPSI 12/22/2022 4,435.25
82648 3134 CSJVRMA 12/22/2022 154,561.00
82649 4787 CSULB RESEARCH FOUNDATION 12/22/2022 397.00
82650 4276 RICHARD RYAN DIAS 12/22/2022 6,700.00
82651 4615 EMERALD TEXTILES SERVICES 12/22/2022 481.73
82652 3158 ENER POWER 12/22/2022 3,700.00
82653 4422 NEIKKA FAREID DDS 12/22/2022 5.00
82654 3201 ALFREDO FUENTES 12/22/2022 17.00
82655 3721 DEREK GAGNON 12/22/2022 17.00
82656 4284 DANIEL GALVEZ 12/22/2022 21.66
82657 3723 GEORGE GOMEZ 12/22/2022 17.00
82658 4569 JORDAN GONG 12/22/2022 17.00
AP Checks by Date - Summary by Check Date (1/11/2023 1:19 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
82659 4492 MONIQUE GONZALES 12/22/2022 17.00
82660 4206 GOVERNMENTJOBS.COM, INC. 12/22/2022 205.74
82661 3994 GUARDIAN 12/22/2022 9,233.55
82662 4472 MIGUEL GUZMAN 12/22/2022 17.00
82663 3219 HEALTHWISE SERVICES 12/22/2022 173.75
82664 3222 HENRY SCHEIN, INC. 12/22/2022 789.50
82665 4497 ROLINDA HERNANDEZ 12/22/2022 77.72
82666 4651 JANET DAVIS & ASSOCIATES 12/22/2022 1,000.00 82667 3237 JCS LAND MANAGEMENT 12/22/2022 6,572.20
82668 3242 JOE SAUBERT INC. 12/22/2022 345.00
82669 3244 JORGENSEN & CO. 12/22/2022 427.70
82670 3248 KAHN, SOARES & CONWAY, LLP 12/22/2022 7,500.00 82671 3250 KELLER FORD LINCOLN 12/22/2022 2,900.83
82672 3887 KINGS INDUSTRIAL OCC. MED CTR., INC. 12/22/2022 315.00 82673 3686 KINGSBURG AUTO CARE 12/22/2022 281.33
82674 3625 KINGSBURG MEDIA FOUNDATION 12/22/2022 6,828.98 82675 4668 SEAN KOPAS 12/22/2022 88.98
82676 3266 BRENT KROEGER 12/22/2022 17.00
82677 3267 KULOW BROS. 12/22/2022 323.36
82678 3275 LIEBERT, CASSIDY, WHITMORE 12/22/2022 3,131.00 82679 3277 LINCOLN AQUATICS 12/22/2022 1,328.41
82680 4793 LITTLE CESAR'S PIZZA - UNIT 561 II 12/22/2022 197.85 82681 3279 MARCO LOPEZ 12/22/2022 17.00
82682 4791 MAGOSH LLC 12/22/2022 10,000.00
82683 3288 MCCLASKEY, INC. 12/22/2022 4,350.00
82684 4329 MCI COMM SERVICES 12/22/2022 34.90
82685 3293 MID VALLEY DISPOSAL 12/22/2022 159,986.52
82686 3844 NATHAN MOON 12/22/2022 17.00
82687 3466 NAPA AUTO PARTS 12/22/2022 43.09
82688 4792 NEW ERA SERVICES, INC. 12/22/2022 10.00
82689 3315 P G & E 12/22/2022 35,060.77
82690 4201 DANIEL PERKINS 12/22/2022 381.70
82691 3321 PETERS ENGINEERING GROUP 12/22/2022 112,780.15 82692 4790 PINNACLE TRAINING SYSTEMS 12/22/2022 11,995.00 82693 3327 PITNEY BOWES GLOBAL FINANCIAL SVC'S. LLC 12/22/2022 301.50 82694 3333 PRICE, PAIGE & COMPANY 12/22/2022 6,882.00
82695 3334 PROFESSIONAL PRINT & MAIL, INC 12/22/2022 2,659.98 82696 4490 ALEXIS RAMIREZ-SERRATO 12/22/2022 17.00
82697 3649 NISSI ROBLEDO 12/22/2022 17.00
82698 3361 SAN JOAQUIN VALLEY AIR 12/22/2022 143.00
82699 3363 SAVE MART SUPERMARKETS 12/22/2022 32.28
82700 3537 SECOND CHANCE ANIMAL SHELTER 12/22/2022 2,250.00 82701 3961 SHARP AMBULANCE BILLING 12/22/2022 3,086.64
82702 3369 SILVAS OIL COMPANY, INC. 12/22/2022 7,452.57 82703 4262 SILVERFOX ELECTRIC, INC. 12/22/2022 346.12
82704 3378 STAPLES ADVANTAGE 12/22/2022 4,434.51
82705 3380 STATE OF CALIFORNIA-D O J 12/22/2022 484.00
82706 3381 STATE OF CALIFORNIA-D O T 12/22/2022 388.88
82707 4028 SUPERIOR POOL CARE 12/22/2022 2,600.00
82708 3397 THE GAS COMPANY 12/22/2022 6,467.15
82709 4657 ISAAC TORRES 12/22/2022 17.00
82710 4788 TOWNSEND PUBLIC AFFAIRS INC. 12/22/2022 9,750.00 82711 3493 VILLAGE TIRE SALES 12/22/2022 1,751.30
82712 4082 JENNIFER VILLANUEVA 12/22/2022 17.00
82713 3448 CHRISTINA WINDOVER 12/22/2022 269.12
Total for 12/22/2022: 644,237.60
AP Checks by Date - Summary by Check Date (1/11/2023 1:19 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 01/03/2023 4,891.94 ACH 3470 Internal Revenue Service - ACH 01/03/2023 59,357.00 ACH 3471 Employment Development Department - ACH01/03/2023 11,790.99 ACH 3472 CalPERS - ACH 01/03/2023 46,550.24
ACH 3475 Empower 01/03/2023 2,716.66
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 01/03/2023 240.46 ACH 3526 Public Employees Retirement System 457 Plan-Deferred Comp - ACH 01/03/2023 341.26 ACH 4707 ICMA-WIRE 401(A) 01/03/2023 250.00
82714 3716 FRANCHISE TAX BOARD STATE OF CALIFORNIA 01/03/2023 100.00 Total for 1/3/2023: 126,238.55
82715 3005 AFLAC 01/05/2023 766.70
82716 3006 AIRGAS NCN 01/05/2023 1,151.25
82717 3565 AMAZON CAPITAL SERVICES 01/05/2023 3,403.01
82718 4545 AMAZON.COM SALES, INC. 01/05/2023 16.32
82719 3891 AMERICAN BUSINESS MACHINES 01/05/2023 15.00
82720 4805 ARES GENERAL ENGINEERING 01/05/2023 23,085.00 82721 4628 JOSEFINO AREVALO 01/05/2023 51.00
82722 3029 AT&T CALNET 3 01/05/2023 126.00
82723 4794 ROBERT BEJARANO 01/05/2023 100.00
82724 3042 BEST UNIFORMS 01/05/2023 638.30
82725 4801 BLUE CROSS OF CA-OVERPAYMENT RECOVERY 01/05/2023 1,353.75 82726 3054 BSK ASSOCIATES 01/05/2023 274.00
82727 4429 CANON FINANCIAL SERVICES, INC 01/05/2023 434.61 82728 3067 CARDMEMBER SERVICE 01/05/2023 226.72
82729 4795 BEN CARLSON 01/05/2023 250.00
82730 3831 ADAM CASTANEDA 01/05/2023 75.00
82731 3079 CENTRAL VALLEY SWEEPING, INC. 01/05/2023 16,512.50 82732 4574 CHARLES TESTERMAN GENERAL ENGINEERING, INC. 01/05/2023 3,848.00 82733 3085 CITY OF CLOVIS 01/05/2023 300.00
82734 3822 ALMA COLADO 01/05/2023 75.00
82735 3685 COMMUNITY MEDICAL CENTER 01/05/2023 175.00
82736 4798 ROSLYN CORAY 01/05/2023 250.00
82737 4448 CORE & MAIN 01/05/2023 647.32
82738 3144 DEPARTMENT OF CONSERVATION 01/05/2023 1,002.96 82739 4615 EMERALD TEXTILES SERVICES 01/05/2023 544.37
82740 3157 EMS PERSONNEL FUND 01/05/2023 250.00
82741 3179 LEE FORLINES 01/05/2023 678.70
82742 3972 FRESNO COMMUNITY HOSPITAL 01/05/2023 800.00
82743 3193 FRESNO FIRE DEPARTMENT 01/05/2023 750.00
82744 3721 DEREK GAGNON 01/05/2023 51.00
82745 4242 GOLDEN STATE SNACKS 01/05/2023 164.06
82746 3723 GEORGE GOMEZ 01/05/2023 202.02
82747 4492 MONIQUE GONZALES 01/05/2023 851.20
82748 4472 MIGUEL GUZMAN 01/05/2023 51.00
82749 3222 HENRY SCHEIN, INC. 01/05/2023 872.60
82750 4649 KIMBERLY HOFF 01/05/2023 2,280.00
82751 3225 HOME DEPOT CREDIT SERVICES 01/05/2023 1,719.17 82752 3999 IRON MOUNTAIN 01/05/2023 123.42
82753 4614 JACKSON & ASSOCIATES INSURANCE 01/05/2023 29.00 82754 3245 J'S COMMUNICATIONS, INC. 01/05/2023 270.00
82756 3686 KINGSBURG AUTO CARE 01/05/2023 1,657.08
82757 3253 KINGSBURG CHAMBER OF COMMERCE01/05/2023 2,500.00 82758 4687 KINGSBURG TRUCK CENTER 01/05/2023 3,386.38
82759 3266 BRENT KROEGER 01/05/2023 609.68
AP Checks by Date - Summary by Check Date (1/11/2023 1:19 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
82760 3269 LAW & ASSOCIATES 01/05/2023 600.00
82761 4808 MIGUEL LEYVA 01/05/2023 212.50
82762 4121 JEFFREY T. LOYD 01/05/2023 1,520.00
82763 3518 METRO UNIFORM 01/05/2023 819.10
82764 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 01/05/2023 733.80 82765 3466 NAPA AUTO PARTS 01/05/2023 62.03
82766 3307 NELSON'S ACE HARDWARE 01/05/2023 474.50
82767 4792 NEW ERA SERVICES, INC. 01/05/2023 10.00
82768 3312 O'REILLY AUTO PARTS 01/05/2023 1,437.88
82769 4796 JOE ORTA 01/05/2023 450.00
82770 3611 HOLLY OWEN 01/05/2023 75.00
82771 3315 P G & E 01/05/2023 10,972.55
82772 4758 PACIFIC TENT AND AWNING 01/05/2023 1,971.43
82773 3450 ABIGAIL PALSGAARD 01/05/2023 75.00
82774 4635 PAYCHEX 01/05/2023 425.00
82775 3319 KEVIN PENDLEY 01/05/2023 980.96
82776 3327 PITNEY BOWES GLOBAL FINANCIAL SVC'S. LLC 01/05/2023 186.23 82777 3329 POLYACK MARKETING 01/05/2023 3,300.00
82778 4030 PRINT THEORY 01/05/2023 56.67
82779 3334 PROFESSIONAL PRINT & MAIL, INC 01/05/2023 218.52 82780 4490 ALEXIS RAMIREZ-SERRATO 01/05/2023 320.20
82781 3775 SCOTT'S PPE RECON., INC. 01/05/2023 146.19
82782 3537 SECOND CHANCE ANIMAL SHELTER 01/05/2023 1,000.00 82783 3369 SILVAS OIL COMPANY, INC. 01/05/2023 5,761.42 82784 4803 SIMPLY HEALTHCARE PLANS, INC. 01/05/2023 627.64 82785 4802 SISC OVERPAYMENT RECOVERY 01/05/2023 518.75
82786 4142 SPARKLETTS 01/05/2023 124.96
82787 4500 STATE FIRE TRAINIING 01/05/2023 75.00
82788 3382 SHAUN STEPHENS 01/05/2023 980.96
82789 4598 STORAGE DIRECT KINGSBURG 01/05/2023 324.65
82790 4807 SUNBELT RENTALS INC. 01/05/2023 526.51
82791 4661 SUNRUN 01/05/2023 686.50
82792 3389 STATE WATER RESOURCES CONTROL BOARD SWRCB - DWOCP 01/05/2023 36,952.12 82793 4778 CECILIA TAYLOR 01/05/2023 780.00
82794 3441 TCSO JAIL INDUSTRIES ENGRAVING PROG. 01/05/2023 16.16 82795 4334 TELSTAR 01/05/2023 766.00
82796 4806 TONY'S CUSTOM DESIGN 01/05/2023 360.45
82797 4804 VALKOMMEN VILLAGE MOBILE HOME01/05/2023 233.46 82798 4774 VALLEY AIR CONDITIONING & REPAIR, INC. 01/05/2023 4,976.68 82799 3416 VERIZONWIRELESS 01/05/2023 5,180.42
82800 3419 VIKING CLEANING SERVICE 01/05/2023 3,570.00
82801 3493 VILLAGE TIRE SALES 01/05/2023 1,008.02
82802 4441 VULCAN MATERIALS CO. WESTERN DIVISION 01/05/2023 2,424.66 82803 3469 WECO SUPPLY CO., INC. 01/05/2023 33.48
82804 4463 WHITE CAP 01/05/2023 1,290.07
82805 3448 CHRISTINA WINDOVER 01/05/2023 75.00
82806 3430 WONG, ANDY & BETTY 01/05/2023 2,600.00
82807 4391 YOSEMITE FIRE & SECURITY 01/05/2023 3,270.00 Total for 1/5/2023: 171,777.59
82808 4009 KELLER MOTORS INC 01/06/2023 67,338.04
Total for 1/6/2023: 67,338.04
AP Checks by Date - Summary by Check Date (1/11/2023 1:19 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Report Total (201 checks): 1,138,215.97
AP Checks by Date - Summary by Check Date (1/11/2023 1:19 PM) Page 5

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Christina Windover, Administrative Services Director REVIEWED BY: AP AGENDA ITEM: Trolley Driver Job Description
ACTION REQUESTED: ___Ordinance ___Resolution _ _Motion ____Receive/File

EXECUTIVE SUMMARY
The City of Kingsburg Personnel Manual (Section 501 Position Classification) authorizes Council to approve all new or revised job descriptions within the City’s Classification Plan. Staff is proposing a job description for trolley drivers that are licensed to drive the Kingsburg Dala Trolley. The city previously offered trolley rentals that included a licensed trolley driver from MV Transport, however, they no longer have the staff to offer their services to Kingsburg. Considering the need for drivers with a Class B license with a passenger endorsement, staff is proposing to create a City of Kingsburg position. The position will be part-time, FLSA non-exempt, and would be paid on an hourly basis for trolley rentals and basic care and maintenance of the trolley. The salary for the position will be published separately in the City’s Salary Chart. Staff is proposing the same hourly rate MV drivers were receiving when contracting with the City at $30 per hour and $50 per hour on City observed holidays. The proposed hourly rate will be recovered by the trolley rental fees ($125 per hour & $140 per hour on City holidays).

The positions will only be utilized for private rentals or city-requested events.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the proposed Trolley Driver job description.

POLICY ALTERNATIVE(S)

1. Provide alternative direction to staff.

REASON FOR RECOMMENDATION/KEY METRIC
Having appropriate position descriptions and benefit structures ensures internal equity and aids in retaining, recruiting, and selecting qualified personnel.

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. Job Description for Trolley Driver.

Meeting Date: 01/18/2023
Agenda Item: 5.3
FISCAL IMPACT:

1. Is There a Fiscal Impact? Yes

2. Is it Currently Budgeted? No – New Position

3. If Budgeted, Which Line? TBD – To be offset by Rental Revenue

TROLLEY DRIVER

DEFINITION
Under general supervision, to operate a trolley for the general public, fixed-route service, or the trolley rental; to perform light vehicle maintenance, as required; to assist elderly and disabled riders; and to perform related work as required on a part-time basis.

TYPICAL DUTIES
• Drives a motor coach vehicle as authorized to various locations; selects effective routes; meets departure and arrival times as scheduled
• provides for passenger comfort and safety; escorting passenger to their destination • assists riders with route and transfer information
• inspects motor coach prior to operation
• fuels motor coach as needed
• operates lift equipment as needed
• provides for passenger comfort and assists with safety measures if necessary • keeps vehicle clean and reports any mechanical defects • keeps necessary records and reports
• performs minor vehicle maintenance
• assists the city with paperwork as needed
• performs related work as required.

MINIMUM QUALIFICATIONS
• One full-time year bus driving experience with another municipal transit service, school bus service, private organization, or the equivalent;
• License/Certificate Requirements: A valid California Class B driver's license with a Passenger Endorsement, and an acceptable driving record are required. • All prospective Bus Drivers must be able to provide a DMV printout, and successfully pass a background check. A fingerprint check with the State Department of Justice, a preplacement medical exam and drug and alcohol test are also required.

KNOWLEDGE, SKILLS & ABILITIES:

Knowledge of: the operation of municipal buses of varying size and capacity; of all applicable traffic laws and regulations; knowledge of principles and practices of customer service. Ability to: work courteously and patiently with the public; analyze situations accurately and adopt effective courses of action; maintain an excellent driving record; maintain effective, cooperative relationships with co-workers and department supervisory staff; follow required procedures including the appropriate record keeping; follow verbal and written instructions and adhere to procedures and safe work practices; work scheduled hours, including evening shifts until midnight and weekends; which are subject to change with reasonable advanced notice, and be flexible in the event changes are required due to operational need.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Christina Windover, Assistant City Manager/Administrative Services Director REVIEWED BY: AH
AGENDA ITEM: January 1, 2023 Salary Chart - Revision
ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File

EXECUTIVE SUMMARY
City Ordinance and CalPERS legislation require the governing board of all participating agencies to approve employee base wages, which are published in Salary Charts (or wage schedules). Staff is updating the Salary Chart (effective on January 1, 2023) due to the creation of a new position (Trolley Driver), changes to existing positions, and correcting a typo that was discovered after Council approved the original salary chart on December 21, 2022. Changes to the proposed Salary Chart include:
• Addition of Trolley Driver position.
• Adjust Non-safety EMT wages to reflect a hourly rate based on 2912 annual hours. This is required by the Fair Labor Standards Act (FLSA) because the positions do not qualify for the exemption that firefighters qualify for as safety employees who work shift schedules. • Correct Police Administrative Assistant and Police Lieutenant wages.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the proposed Salary Chart.

POLICY ALTERNATIVE(S)

1. City ordinance and CalPERS require employee wages be approved by the governing body of the agency. If Council does not approve the proposed wage increases outlined in this report, the Salary Chart will be amended to reflect Council’s direction.

REASON FOR RECOMMENDATION/KEY METRIC

1. The Council has oversight on all wages associated with City positions. This is part of our financial stability initiative.

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
Council approves all Salary Charts.

Meeting Date: 01/18/2023
Agenda Item: 5.4
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Police change only

3. If Budgeted, Which Line? Varies

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. Original January 1, 2023 Salary Chart.

2. Proposed red-lined Salary Chart – effective on January 1, 2023 with edits (in red).

CITY OF KINGSBURG SALARY CHART
EFFECTIVE DATE January 1, 2023
POSITION SALARY STEPS-PAID MONTHLY UNLESS NOTED *

A B C D E
----------------- ----------------- ----------------- ----------------- ----------------- City Hall
BUILDING OFFICIAL 5630 5911 6207 6517 6843
BUILDING INSPECTOR II/CODE ENFORCEMENT 4550 4777 5016 5267 5530 BUILDING INSPECTOR I/CODE ENFORCEMENT 3796 3986 4185 4394 4614 CITY CLERK 8200 8610 9040 9492 9967
CITY MANAGER 14628
COMMUNITY DEVELOPMENT DIRECTOR 10339 10856 11399 11969 12567 COMMUNITY SERVICES DIRECTOR 8227 8638 9070 9524 10000
ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES DIRECTOR 10838 11380 11949 12546 13174 FINANCE DIRECTOR-TREASURER 10339 10856 11399 11969 12567 MANAGEMENT ASSISTANT 4095 4300 4515 4741 4978
MANAGEMENT INTERN 15.50/HR
NEIGHBORHOOD IMPROVEMENT OFFICER 21.75/HR
PART-TIME CITY HALL CLERK 15.69/HR
City Council
COUNCILMEMBER-MAYOR STIPEND 300
COUNCILMEMBER STIPEND 250
Fire Department
FIRE CHIEF 11408 11979 12578 13207 13867
FIRE CAPTAIN/EMT REGULAR 5430 5702 5987 6286 6601
FIRE CAPTAIN/PARAMEDIC REGULAR 5824 6115 6421 6742 7079 ENGINEER/EMT 4604 4834 5076 5329 5596
ENGINEER/PARAMEDIC REGULAR 4927 5174 5432 5704 5989
FIREFIGHTER/PARAMEDIC REGULAR 4693 4927 5174 5432 5704
FIREFIGHTER/EMT REGULAR 4384 4604 4834 5076 5329
FIREFIGHTER/PARAMEDIC REGULAR MON-FRI 3515 3691 3875 4069 4272 PARAMEDIC REGULAR MON-FRI 3429 3601 3781 3970 4169
PARAMEDIC SHIFT SCHEDULE 4661 4894 5139 5396 5666
PARAMEDIC (NON-SAFETY) PART-TIME 21.48/HR
EMT (NON-SAFETY) SHIFT SCHEDULE 4335 4552 4779 5018 5269 FIRE DEPT. ADMINISTRATIVE ASSISTANT 4399 4619 4850 5092 5347 PART-TIME FIREFIGHTER/EMT LEVEL I 15.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL II 16.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL III 17.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL I 16.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL II 18.50/HR
RESERVE FIREFIGHTER/PARAMEDIC LEVEL III 21.48/HR
RESERVE SPECIAL ASSIGNMENT 21.50/HR
Police Department
CHIEF OF POLICE 11408 11979 12578 13207 13867
POLICE LIEUTENANT 8124 8531 8957 9405 9875
POLICE SERGEANT 6274 6588 6917 7263 7626
POLICE SERGEANT (Hired 1/1/15 or after) 6152 6460 6783 7122 7478 POLICE OFFICER 5162 5420 5691 5975 6274
POLICE OFFICER (Hired 1/1/15 or after) 5061 5314 5580 5859 6152 POLICE RECRUIT (Effective 10/20/2021) 21.50/HR
RECORDS SUPERVISOR 4727 4964 5212 5472 5746
POLICE DEPT. ADMINISTRATIVE ASSISTANT 4336 4552 4780 5019 5270 POLICE SERVICES TECHNICIAN 3704 3889 4084 4288 4502
POLICE RESERVE-LEVEL 1 21.50/HR
Public Works Department
PUBLIC WORKS DIRECTOR 10339 10856 11399 11969 12567
ASSISTANT PUBLIC WORKS DIRECTOR 6964 7313 7678 8062 8465 PUBLIC WORKS SUPERINTENDENT 5488 5762 6050 6353 6670
MAINTENANCE WORKER I 3374 3542 3719 3905 4101
MAINTENANCE WORKER II/Mech/Pool 3527 3703 3888 4082 4287 MAINTENANCE WORKER III 4177 4386 4606 4836 5078
WATER OPERATOR I 3680 3864 4057 4260 4473
WATER OPERATOR II 4348 4565 4794 5033 5285
WATER OPERATOR III 5273 5536 5813 6104 6409
PART TIME PUBLIC WORKS CLERK 15.50/HR
PART TIME METER READER 15.50/HR
Senior Center
NUTRITION COORDINATOR 16.50/HR
Miscellaneous
COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT 3472 3646 3828 4020 4221 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT W/PLANNING COMMISSIO 3646 3829 4020 4221 4432 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II 3814 4004 4205 4415 4636 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II W/ PLANNING COMMIS 4003 4203 4414 4634 4866 ACCOUNTANT 4992 5242 5504 5779 6068
PAYROLL SPECIALIST 4336 4552 4780 5019 5270
ACCOUNT CLERK I 3245 3407 3578 3756 3944
ACCOUNT CLERK II W/ACCOUNTS PAYABLE/PAYROLL 3734 3921 4117 4322 4539 ACCOUNT CLERK II 3558 3736 3922 4118 4324
ACCOUNT CLERK III 3911 4107 4312 4528 4754
RECREATION SITE SUPERVISOR 16.75/HR
RECREATION LEADER 15.50/HR
RECREATION LEADER/RETURN LEADER 16.25/HR
LIFEGUARD 15.50/HR
LIFEGUARD/RETURN GUARD 16.25/HR
LEAD GUARD 16.50/HR
POOL CASHIER 15.50/HR
POOL MANAGER 16.75/HR
AQUA AEROBICS INSTRUCTOR 18.50/HR
LEAD AQUA AEROBICS INSTRUCTOR 20.00/HR
* Some variation may exist between the City's official accounting system (Springbrook) and this report due to rounding.

CITY OF KINGSBURG SALARY CHART
EFFECTIVE DATE January 1, 2023 *Corrected on 1-18-2023
POSITION SALARY STEPS-PAID MONTHLY UNLESS NOTED *

A B C D E
----------------- ----------------- ----------------- ----------------- ----------------- City Hall
BUILDING OFFICIAL 5630 5911 6207 6517 6843
BUILDING INSPECTOR II/CODE ENFORCEMENT 4550 4777 5016 5267 5530 BUILDING INSPECTOR I/CODE ENFORCEMENT 3796 3986 4185 4394 4614 CITY CLERK 8200 8610 9040 9492 9967
CITY MANAGER 14628
COMMUNITY DEVELOPMENT DIRECTOR 10339 10856 11399 11969 12567 COMMUNITY SERVICES DIRECTOR 8227 8638 9070 9524 10000
ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES DIRECTOR 10838 11380 11949 12546 13174 FINANCE DIRECTOR-TREASURER 10339 10856 11399 11969 12567 MANAGEMENT ASSISTANT 4095 4300 4515 4741 4978
MANAGEMENT INTERN 15.50/HR
NEIGHBORHOOD IMPROVEMENT OFFICER 21.75/HR
PART-TIME CITY HALL CLERK 15.69/HR
City Council
COUNCILMEMBER-MAYOR STIPEND 300
COUNCILMEMBER STIPEND 250
Fire Department
FIRE CHIEF 11408 11979 12578 13207 13867
FIRE CAPTAIN/EMT REGULAR 5430 5702 5987 6286 6601
FIRE CAPTAIN/PARAMEDIC REGULAR 5824 6115 6421 6742 7079 ENGINEER/EMT 4604 4834 5076 5329 5596
ENGINEER/PARAMEDIC REGULAR 4927 5174 5432 5704 5989
FIREFIGHTER/PARAMEDIC REGULAR 4693 4927 5174 5432 5704
FIREFIGHTER/EMT REGULAR 4384 4604 4834 5076 5329
FIREFIGHTER/PARAMEDIC REGULAR MON-FRI 3515 3691 3875 4069 4272 PARAMEDIC REGULAR MON-FRI 3429 3601 3781 3970 4169
PARAMEDIC SHIFT SCHEDULE 4661 4894 5139 5396 5666
PARAMEDIC (NON-SAFETY) PART-TIME 21.48/HR
EMT (NON-SAFETY) SHIFT SCHEDULE** 16.00 16.80 17.64 18.52 19.45 FIRE DEPT. ADMINISTRATIVE ASSISTANT 4399 4619 4850 5092 5347 PART-TIME FIREFIGHTER/EMT LEVEL I 15.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL II 16.50/HR
PART-TIME FIREFIGHTER/EMT LEVEL III 17.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL I 16.50/HR
PART-TIME FIREFIGHTER/PARAMEDIC LEVEL II 18.50/HR
RESERVE FIREFIGHTER/PARAMEDIC LEVEL III 21.48/HR
RESERVE SPECIAL ASSIGNMENT 21.50/HR
Police Department
CHIEF OF POLICE 11408 11979 12578 13207 13867
POLICE LIEUTENANT 8531 8958 9406 9876 10370
POLICE SERGEANT 6274 6588 6917 7263 7626
POLICE SERGEANT (Hired 1/1/15 or after) 6152 6460 6783 7122 7478 POLICE OFFICER 5162 5420 5691 5975 6274
POLICE OFFICER (Hired 1/1/15 or after) 5061 5314 5580 5859 6152 POLICE RECRUIT (Effective 10/20/2021) 21.50/HR
RECORDS SUPERVISOR 4727 4964 5212 5472 5746
POLICE DEPT. ADMINISTRATIVE ASSISTANT 4399 4619 4850 5092 5347 POLICE SERVICES TECHNICIAN 3704 3889 4084 4288 4502
POLICE RESERVE-LEVEL 1 21.50/HR
Public Works Department
PUBLIC WORKS DIRECTOR 10339 10856 11399 11969 12567
ASSISTANT PUBLIC WORKS DIRECTOR 6964 7313 7678 8062 8465 PUBLIC WORKS SUPERINTENDENT 5488 5762 6050 6353 6670
MAINTENANCE WORKER I 3374 3542 3719 3905 4101
MAINTENANCE WORKER II/Mech/Pool 3527 3703 3888 4082 4287 MAINTENANCE WORKER III 4177 4386 4606 4836 5078
WATER OPERATOR I 3680 3864 4057 4260 4473
WATER OPERATOR II 4348 4565 4794 5033 5285
WATER OPERATOR III 5273 5536 5813 6104 6409
PART TIME PUBLIC WORKS CLERK 15.50/HR
PART TIME METER READER 15.50/HR
Senior Center
NUTRITION COORDINATOR 16.50/HR
Miscellaneous
COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT 3472 3646 3828 4020 4221 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT W/PLANNING COMMISSIO 3646 3829 4020 4221 4432 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II 3814 4004 4205 4415 4636 COMMUNITY DEVELOPMENT ADMINISTRATIVE ASSISTANT II W/ PLANNING COMMIS 4003 4203 4414 4634 4866 ACCOUNTANT 4992 5242 5504 5779 6068
PAYROLL SPECIALIST 4336 4552 4780 5019 5270
ACCOUNT CLERK I 3245 3407 3578 3756 3944
ACCOUNT CLERK II W/ACCOUNTS PAYABLE/PAYROLL 3734 3921 4117 4322 4539 ACCOUNT CLERK II 3558 3736 3922 4118 4324
ACCOUNT CLERK III 3911 4107 4312 4528 4754
RECREATION SITE SUPERVISOR 16.75/HR
RECREATION LEADER 15.50/HR
RECREATION LEADER/RETURN LEADER 16.25/HR
LIFEGUARD 15.50/HR
LIFEGUARD/RETURN GUARD 16.25/HR
LEAD GUARD 16.50/HR
POOL CASHIER 15.50/HR
POOL MANAGER 16.75/HR
AQUA AEROBICS INSTRUCTOR 18.50/HR
LEAD AQUA AEROBICS INSTRUCTOR 20.00/HR
TROLLEY DRIVER 30.00/HR 50.00/HR HOLIDAYS
* Some variation may exist between the City's official accounting system (Springbrook) and this report due to rounding. **Shift schedule 2912 hours-No FLSA Exemption
2023-2024 City of Kingsburg Budget Schedule
January 2023
18 2023-2024 budget schedule approved by the City Council. 24 Regular Finance Committee meeting.

February 2023
6 Begin personnel costing worksheets and 2022-2023 year-end revenue projections. 13 2023-2024 Capital Improvement Plan (CIP) documents distributed to department heads for review and update.
28 Regular Finance Committee meeting. Possible Recommendations for mid-year 2022-2023 adjustments made to City Council.

March 2023
7 City staff discussion on long-term strategic goals (in conjunction with Strategic Planning initiatives) NOTE: Updated Strategic Planning Dates TBD 24 Capital improvement project (CIP) department requests with supporting documentation due to Finance Director for review.
28 Regular Finance Committee meeting.
30 Personnel costing worksheets and 2022-2023 revenue projections due from Finance Director.

April 2023
7 Department heads complete 2022-2023 year to date and year end revenue and expenditure projections.
13 Department budget requests due from Department Heads. 17-28 Departmental meetings to discuss individual projections and 2022-2023 operational and CIP requests.
25 Regular Finance Committee meeting.

May 2023
3 City Council approval of budget guidelines and parameters; review of City Financial Policies.

Review and consideration of capital improvement projects. 9 Measure E Public Safety Tax Oversight Committee meeting to review 2022-2023 expenditures and 2023-2024 proposed budget. (Final Date TBD by Committee) 17 City Council review and consideration of special funds (Measure E, CalPERS, Economic Development)
23 Regular Finance Committee meeting. Review and recommendation regarding City Financial Policies. Final revenue and expenditure projections for 2022-2023. 31 – June 2 Distribution of the City Manager’s recommended budget.

June 2023
7 First reading of City Manager’s recommended budget to the City Council. 21 Public hearing, final consideration, and approval of 2023-2024 All-Funds City Budget. Final budget to include organizational goals guided by Strategic Planning initiatives. * Please note that regular Council meeting dates (1st and 3rd Wednesdays) often include discussion on individual funds, capital improvement, etc.). This is intended to be an outline to help guide discussion but is subject to change.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY: AH AGENDA ITEM: Cancelation of the February 1, 2023 Council Meeting Due to Conflict ACTION REQUESTED: ____ Ordinance ___Resolution ___ Motion ____Receive/File

EXECUTIVE SUMMARY
The majority of council members will be attending the 2023 League of California Cities New Mayors and Council Members Academy February 1-3, 2023 and will not be able to attend the scheduled February 1st Council meeting.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the cancellation of the February 1, 2023 City Council Meeting due to a conflict in scheduling.

POLICY ALTERNATIVE(S)

1. None.

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None related to the City budget.

PRIOR ACTION/REVIEW
Situationally Council needs to cancel already scheduled meetings due to conflicts.

Meeting Date: 01/18/2023
Agenda Item: 5.8
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Christina Windover, Assistant City Manager/Administrative Services Director REVIEWED BY: AJH
AGENDA ITEM: Kingsburg Professional Firefighters Association – Incentive Plan Tentative Agreement ACTION REQUESTED: ___Ordinance ___Resolution ____Motion _____Receive/File

EXECUTIVE SUMMARY
City Council has the sole authority to approve employee association contracts. The 2022-2024 Kingsburg Professional Firefighters Association (“KPFA”) Memorandum of Understanding (MOU) was approved by Council on November 19, 2021. Council also approved an Incentive Plan for 2019-2020 that outlined additional available incentive pay for KPFA members. City management and KPFA were unable to reach an agreement on an updated Incentive Plan at the time the 2022-2024 MOU was approved and agreed to hold labor/management meetings to work on a new Incentive Plan. The legacy Incentive Plan remained in effect while the labor/management team worked on a new plan.

Management and staff have now reached a Tentative Agreement on the new plan and are seeking Council approval to adopt the KPFA MOU Appendix A: Incentive Plan. The purpose of amending the existing plan was to better align with the ongoing qualifications and certifications required by the State of California, as well as to incentivize specific education and special assignment pay to better meet the immediate and specific needs of the community and the Kingsburg Fire Department.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the KPFA MOU Appendix A: Incentive Plan.

POLICY ALTERNATIVE(S)

1. Don’t approve proposed KPFA MOU Appendix A: Incentive Plan and provide direction to staff. The 2019- 2020 Incentive Plan will continue to govern the KPFA members incentive pay until a new plan is approved by Council.

REASON FOR RECOMMENDATION/KEY METRIC

1. Council authorized the City Manager to negotiate wages and labor relations with the employee associations. Council has provided direction for a proposed Incentive Plan as this is part of our financial stability initiative. The Kingsburg Professional Firefighters Association has ratified their approval of the plan.

FINANCIAL INFORMATION
Meeting Date: 01/18/2023
Agenda Item: 5.9

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. Kingsburg Professional Firefighters Association MOU Appendix A: Incentive Plan FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 320 & 106 Funds
Kingsburg Professional Firefighters Association
MOU Incentive Plan

APPENDIX
The Incentive plan is designed to work together to assist all personnel in easily understanding the paid incentive groups, the percentages for each incentive, and the job expectations of the incentivized work.

Incentive overview contains the simplest formation of the incentives and can be used as a quick reference to the areas of incentives, the amounts as well as the total number of incentivized positions within that category.

I. INCENTIVE PLAN OVERVIEW
1). PROMOTIONAL TRACK/ACTING:

Promotional Tracks: Promoted permanently into the position(s) below:
• Captain
• Engineer
• Deputy Fire Marshal
• Fire Marshal
Personnel promoting into the above ranks and having met the qualifications for that rank (as outlined in the MOU) are not paid the certification pay for that rank once promoted. The certification(s) required for that rank are the MINIMUM qualification(s) for promotion to the position. This allows acting to the next highest rank to achieve additional incentive pays to be consistent with the succession plan of the department.

Actors are compensated 5% when assigned by the Fire Chief or their designee to an acting position for greater than 24 hours.
2). TEAM ASSIGNMENTS:

Association members may use a combination of certification, education, and assignment pay incentives to achieve a maximum of 20% above the employee’s base salary.

USAR
Certifications w/o assignment: Two and one-half percent (2.5%) Certifications with assignment to USAR Task Force: Five percent (5%) * 8 members: 6 assigned, 2 alternates
*River and Flood Rescue Technician Certificate required for assignment pay.

HAZMAT
California Specialized Training Institute Hazmat Technician: Two and one-half percent (2.5%) California Specialized Training Institute HazMat Specialist = Five percent (5%) 4 members: 3 assigned, 1 alternate

INVESTIGATIONS
Certifications w/o assignment: Two and one-half percent (2.5%) Certifications with Investigator assignment = Five percent (5%) 3 members: 2 assigned and 1 alternate
3). INSTRUCTORS/ASSISTANT TRAINING OFFICER (ATO)
Association members may use a combination of certification, education, and assignment pay incentives to achieve a maximum of 20% above the employee’s base salary.

Each Instructor/ATO must either: teach one course per calendar year or have one paramedic trainee precepted or have one peer evaluation completed per calendar year minimum to maintain ATO status.

FIRE INSTRUCTOR/ATO: Two and one-half percent (2.5%)
California State Fire Marshall Instructor 1 and Instructor 2, all completed Instructor requirements for qualification with the associated completed task book for any FSTEP, CFSTES or CSTI curriculum.
6 members: all assigned
EMS INSTRUCTOR/ATO: Two and one-half percent (2.5%)
California State Fire Marshall Instructor 1 & Instructor 2 and AHA CPR, ACLS, PALS or PHTLS

(or)
California State Fire Marshall Instructor 1 & Instructor 2 and CCEMSA Field Training Officer/Preceptor.
3 members: all assigned

4). CENTER for PUBLIC SAFETY EXCELLENCE (CPSE): Two and one-half percent (2.5%) Association members may use a combination of certification, education, and assignment pay incentives to achieve a maximum of 20% above the employee’s base salary. • Fire Officer
• Chief Fire Officer
• Chief EMS Officer
• Chief Training Officer
• Fire Marshal
• Public Information Officer
5). COMMUNITY RISK REDUCTION (CRR): Two and one-half percent (2.5%) • Community Risk Reduction Officer – one member assigned • Fire Prevention Officer 1 – three members assigned
• Fire Prevention Officer 2 – three members assigned
• Plans Examiner – two members assigned
• Deputy Fire Marshal – one member assigned

6). SPECIAL ASSIGNMENTS:

Association members may use a combination of certification, education, and assignment pay incentives to achieve a maximum of 20% above the employee’s base salary. • Wellness/Fitness Program Director – one member assigned • Communications Technician – one member assigned
• Public Information Officer – one member assigned
• SCBA Program – one member assigned
• Hydrant Program – one member assigned
• Quarter Master – one member assigned
• Explorer Program – two members assigned
• Safety Officer – three members assigned
• Fleet Technician – one member assigned

7. PROGRAM COORDINATORS: Ten percent (10%)
• TRAINING CAPTAIN: Training/Intern & Single Role/Policy/Safety Officer • EMS CAPTAIN: EMS Delivery/Paramedic Liaison Officer/Disease Control Officer/Safety Officer
• SUPPORT SERVICES CAPTAIN: Fleet/Facilities/Injury Illness Prevention Program/Safety Officer
• COMMUNITY RISK REDUCTION CAPTAIN: Plans Review/Fire
Prevention/Deputy Fire Marshal/Community Outreach/Safety Officer

INCENTIVE PAY GUIDELINES
These guidelines will apply to areas #2-6 in the Incentive Plan. • Association members may use a combination of certification, education, and assignment pay incentives to achieve a maximum of 20% above the employee’s base salary. • Acting Pay in any area is NOT considered an Incentive pay and SHALL NOT be counted towards the total of 20% attainable by an employee.
• It shall be the responsibility of the employee to provide an electronic submission of their certification to the Assistant City Manager and the Fire Chief and /or their designee as soon as is practicable of the attainment of, or completion of Certifications/Task Books where applicable. • Certification incentive pay shall be awarded upon the verification of a completed submission and is NOT retroactive.
• Assignment incentive pay shall be awarded at the time of appointment through the duration of the assignment by the Fire Chief or their designee.
• Assignment pay is awarded at the discretion of the Fire Chief and may be discontinued based on employee performance, failure to maintain certification requirements or a change in department needs.
• Incentive pay shall not be eligible for CalPERS unless specified by CalPERS guidelines. • Management reserves the right to assign additional duties not identified in these incentivized areas.

RESOLUTION NO. 2O23.OOI

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG RECOGNIZING AND

HONORING CATHLEEN LAWLER
AS THE 2023 CITIZEN OF THE YEAR
WHEREAS, although Cathleen has lived in many different places, she has always proudly called Kingsburg home, where she was born and raised; and
WHEREAS, Cathleen 'retired' and moved to her hometown Kingsburg in20l9 and has hit the ground running with her service to the community; and
WHEREAS' Cathleen became a police chaplain for the Kingsburg Police Department where she has organized the program Adopt a Cop that matches a church with an officer where they receive prayers and support; and
WHEREAS, Cathleen saw a need as a police chaplain for resources for victims of crimes. Cathleen filled this need by constructing a crisis brochure with resource information for victims that has been so successful other police departments now use it. Cathleen has also started a chaplain's fund to support victims and alleviate the personal financial contributions officers make; and WHEREAS, Cathleen is a great communicator and brings the right people together in her service.

This is reflected in her work in forming the Kingsburg Task Force, which is a collaboration of stakeholder; and
WHEREAS, police officers have commented on her attentiveness, care and concern for the officers.

Members of the public have commented that her innovative and creative ways make her an incredible asset to the city, she serves people where it counts, she is compassionate, positive, and genuine with integrity.

Cathleen is never on the clock, she is available for call outs and support at any time, she even has a prayer box next to her free library to serve those who drop a note.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG

WISHES TO JOIN THE KINGSBURG CHAMBER OF COMMERCE IN RECOGNIZING AND HONORING CATHLEEN LAWLER AS TIJE2O23 KINGSBURG CITIZEN OF THE YEAR AND

TO THANK HER FOR ALL THAT SHE DOES FOR THE BETTERMENT OF THIS COMMUNITY ,1.*ttrF**
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the l8th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar.

Council Member(s): None.

Council Member(s): None.

Council Member(s): None.
?ol
Abigail
City of burg
City
RESOLUTION NO. 2023.002

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

ZACHARY ERGO

AS JUNIOR CITIZEN OF THE YEAR
WHEREAS, Zachary is highly active in his school and his community. As a graduating senior with an A average,Zachary has been named as a Rotary Club Kingsburg High Top 40 Outstanding Student for all 4 years. Zachary has served as ASB Vice President, ASB Commissioner of Publicity, President of Key Club and Math Club, Vice President of Computer Club, LINK Crew leader, and WASC Team student representative; and
WHEREAS, the Kingsburg American Legion Chapter chose Zachary as a delegate to Boys State where he was awarded a scholarship. He was also chosen to attend the U.S. Naval Academy Summer Seminar; and
WHEREAS,Zachary has been active in FFA, serving as Greenhand Vice President, Parliamentarian and Treasurer. He has eamed his FFA State Degree among other awards; and WHEREAS, Zachary has played water polo, cross county and swim for his high school career. He has also carved out a niche as the football and baseball press box lead audio manager and announcer; and WHEREAS, not only is Zachary a leader at school, he also has worked as a lifeguard, student election worker, led the Rocketry group, Memorial Day cemetery volunteer, Salvation Army/KCAPS bell ringer, acolyte, pianist and usher at St. Peter Lutheran Church, on call handy man for family and neighbors all while being kind and respectful to his family.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG WISHES TO JOIN

THE KINGSBURG CHAMBER OF COMMERCE IN RECOGNIZING AND HONORING ZACHARY ERGO AS JUNIOR CITIZEN OF THE YEAR.
{<*****
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Silva, Smith, North, Pursell, Jr. and Mayor Palomar
None.

None.

None.

City
alsgaard, ty
RESOLUTION NO. 2023-OO3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

SARAH SCHMAL

AS THE EDUCATOR OF THE YEAR
WHEREAS, Sarah gives her all for her students and co-workers at Reagan Elementary.

She brings life to her curriculum by being interactive, organized and meaningful. Her students are heard discussing what they are leaming in her class which reflects their engagement and excitement; and
WHEREAS, Sarah sits on interview panels, builds parade floats, coaches sports teams, attends football games, and does a wonderful job dedicating her time to her students while also supporting staff; and
WHEREAS, Sarah supports her co-workers by offering new teachers support, contributing ideas to colleagues and going out of her way to support and include the teachers and staff making all feel that they are apart of the Reagan Team.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG

WISHES TO JOIN THE KINGSBURG CHAMBER OF COMMERCE IN
RECOGNIZING AND HONORING SARAH SCHMAL AS THE 2023 EDUCATOR OF

THE YEAR AND TO THANK HER FOR HER DEDICATION TO THE EDUCATION AND BETTERMENT OF THE LIVES OF OUR YOUTH.
{.**:F**
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the l8th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar Council Member(s): None.

Council Member(s): None.

Council Member(s): None.

City
RESOLUTION NO. 2023.004

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING
AS rHE PUBLI. ::I"[';T,ilR oF rHE YEAR
WHEREAS, Captain Owens is being recognized for his continued efforts as the Department's Training officer where he has improved the efficiency and effectiveness of training for the entire department as well as produced valuable reimbursement for these training activities that have supported purchases of training props and training courses that benefitted the entire Central California Fire Services and creating a new Paradigm in training for Kingsburg Fire Department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG

HEREBY JOINS THE KINGSBURG CHAMBER OF COMMERCE IN RECOGNIZING AND HONORING FIRE CAPTAIN JEREMY OWEN AS THE 2023 PUBLIC SAFETY

OFFICER OF THE YEAR AND TO THANK HIM FOR HIS DEDICATION AND

SERVICE TO THE COMMUNITY OF KINGSBURG
,.r1.:F***
PASSED AND ADOPTED ataregular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar Council Member(s): None.

Council Member(s): None.

Council Member(s): None.
alsgaard, City k
City burg
RESOLUTION NO. 2023.005

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

DEVIN YOUNG

AS THE PUBLIC SAFETY OFFICER OF THE YEAR
WHEREAS, Firefighter Paramedic Young has recently completed probation and during this time has proved to be a valuable asset as he has created improved Process for responding to and organizing Mass casualty incidents while on probation. Additionally, Devin has also greatly contributed to several other programs. As the Public Information Offrcer he has expanded the department's social media presence, successfully restarted the Fire Department Explorer program and as an experienced Paramedic serves as one of the Department's Field Training Officers. All of these efforts assist the department to achieve its marks of Excellence.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG HEREBY

JOINS THE KINGSBURG CHAMBER OF COMMERCE IN RECOGNIZING AND HONORING FIREFIGHTER PARAMEDIC DEVIN YOUNG AS TIJE2O23 PUBLIC

SAFETY OFFICER OF THE YEAR AND TO THANK HIM FOR HIS DEDICATION

AND SERVICE TO THE COMMUNITY OF KINGSBURG
*d<rt{.*rf
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar CouncilMember(s): None.

Council Member(s): None.

Council Member(s): None.
sgaard, City k
City o burg
(
RESOLUTION NO. 2023-OO6

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

SEAN KOPAS

AS THE PUBLIC SAFETY OFFICER OF THE YEAR
WHEREAS, Firefighter EMT Sean Kopas is being recognized for his efforts while on probation to successfully assist the Fire prevention activities for the department. These activities, innumerable as they have assisted the department in garnering an improved rating through the Insurance Service Offices form a rating of a 3 to a2 with a 1 being the best. This improvement, due in large part to Sean's tireless efforts in assisting his crew to complete building preplans, business and new home building inspections, all the while working diligently to both effectively complete his probationary year and complete all of his courses to become state certified to do inspections. Sean's efforts specifically led to better insurance rates for the citizens he serves.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG HEREBY

JOINS THE KINGSBURG CHAMBER OF COMMERCE IN RECOGNIZING AND HONORING FIREFIGHTER EMT SEAN KOPAS AS THE 2023 PUBLIC SAFETY

OFFICER OF THE YEAR AND TO THANK HIM FOR HIS DEDICATION AND

SERVICE TO THE COMMUNITY OF KINGSBURG
+rf{.***
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar Council Member(s): None.

Council Member(s): None.

Council Member(s): None.
alsgaard, City k
City burg
RESOLUTION NO. 2023.007

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

RICK CARSEY CONSTRUCTION

AS BUSINESS OF THE YEAR
WHEREAS; In November of 2022 Rick Carsey Construction selflessly volunteered his time, equipment and personnel to the City of Kingsburg Fire Department to build a new road and pad to assist for their training prop. This new prop will train City of Kingsburg Fire personnel and will assist in saving lives.

NOWO THEREFORE' THE CITY COUNCIL OF THE CITY OF KINGSBURG

WISHES TO JOIN THE KINGSBURG CHAMBER OF COMMERCE IN

RECOGNIZING AND HONORING RICK CARSEY CONSTRUCTION

F'OR THEIR DEDICATION TO THE KINGSBURG FIRE DEPARTMENT AND THE

CITIZENS OF KINGSBURG AS THE BUSINESS OF THE YEAR
** rl. * *rF
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar Council Member(s): None.

Council Member(s): None.

Council Member(s): None.

City
burg
A
City
RESOLUTION NO. 2023-OO8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

GROCERY OUTLET

AS THE RECYCLER OF THE YEAR
WHEREAS' this award is usually given to a business that is making a difference in our environment by reducing waste, recycling, and conserving resources in the community; and
WHEREAS, Mid Valley Disposal has acknowledged Grocery Outlet as the Recycler of the Year for their prioritizingrecycling and proper sorting as a part of their daily business operations. Thank you for your commitment to environmental stewardship through recycling and dedication to reducing waste

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG

WISHES TO JOIN THE KINGSBURG CHAMBER OF COMMERCE IN HONORING

GROCERY OUTLET AS THE RECYCLER OF THE YEAR AND TO THANK THEM

FOR THEIR COMMITMENT TO THE COMMUNITY OF KINGSBURG
{.{.**{.{.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar Council Member(s): None.

Council Member(s): None.

Council Member(s): None.

A sgaard, City
City
RESOLUTION NO. 2023.009

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG

RECOGNIZING AND HONORING

S&S METAL FABRICATION

AS THE AGRICULTURAL BUSINESS OF THE YEAR
WHEREAS; S&S Metal Fabrication opened its doors in 2003. The company started by building parts for dairy and packing shed equipment. As the company grew so did the needs of their customers. They rose to meet those needs by opening a new state of the art facility in20l8; and
WHEREAS; They are described as working with humility, integrity, respect, kindness, and teamwork. The are innovators, creative and work to meet the needs of their customers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG

WISHES TO JOIN THE KINGSBURG CHAMBER OF COMMERCE IN

RECOGNIZING AND HONORING S&S METAL FABRICATION FOR THEIR

DEDICATION TO THE COMMUNITY OF KINGSBURG AS THE

AGRICULTURAL BUSINESS OF THE YEAR
t< rl rl. rl. {. *
PASSED AND ADOPTED ataregular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES: Council Member(s): Silva, Smith, North, Pursell, Jr. and Mayor Palomar NOES: Council Member(s): None.

ABSTAIN: Council Member(s): None.

ABSENT: Council Member(s): None.

City

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY: AH AGENDA ITEM: Annexation No. 2023-01 (Khalsa) to Community Facilities District No. 2017-01 for Public Services
ACTION REQUESTED: ____ Ordinance ___Resolution ___ Motion ____Receive/File

EXECUTIVE SUMMARY
The enclosed plats show the location of the following properties to be added to the Community Facilities District (CFD) No. 2017-01 for Public Services:

Annexation 2023-01 For APN 393-112-41
The owners of the above properties were conditioned to annex to a Community Facilities District as a condition of the Tentative Map, building permit, or conditional Use Permit approval. Resolution No. 2017-023 adopted by City Council on June 7, 2017 authorizes the City to annex to CFD 2017-01 properties, which will be assessed only for eligible public services, without further public hearings or formal elections upon receipt of written consent from the owners.

RECOMMENDED ACTION BY CITY COUNCIL

1. Adopt Resolution No. 2023-010 certifying and adding the above properties to CFD No. 2017-01.

POLICY ALTERNATIVE(S)

1. Council could choose to not make action at this time.

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None related to the City budget.

PRIOR ACTION/REVIEW
On June 7, 2017 City Council adopted Resolution 2017-023 authorizing the City to annex properties to CFD 2017-01.

ATTACHED INFORMATION

1. Resolution No. 2023-010 certifying and adding the above properties to CFD No. 2017-01.

2. Map outlining the location of APN 393-112-41.

3. Formation of Kingsburg Community Facility Districts
Meeting Date: 01/18/2023
Agenda Item: 5.11
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )

(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION 2023-010

AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN
(NOTICE OF ANNEXATION NO. 2023-01)
ANNEXATION No. 2023-01

CITY OF KINGSBURG
COMMUNITY FACILITIES DISTRICT No. 2017-01
(PUBLIC SERVICES DISTRICT)
Recorded June 14, 2017 - Fresno County Recorder#: 2017-0073962 Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section 53339.8 of the Government Code, the undersigned City Clerk of the City of Kingsburg, acting for and on behalf of the legislative body of the CITY OF KINGSBURG, COMMUNITY FACILITIES DISTRICT NO. 2017-01 (Public Services District), COUNTY OF FRESNO, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure payment of a special tax which the City Council of the City of Kingsburg, County of Fresno, State of California, acting in its capacity as the legislative body of such Community Facilities District is authorized to annually levy for the following purpose:

To finance increased demand for public services resulting from new development within the District.

The special tax is authorized to be levied on the property described in "Exhibit A" attached hereto (the "Annexed Property") which has been annexed to the District, which has now been officially formed, and the lien of the special tax is a continuing lien, which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and an notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.

The rate and method of apportionment of the authorized special tax, a copy of which is attached hereto as Exhibit “B”, as supplemented by the Supplement No. 1 and made a part hereof is as shown on the attached, referenced and incorporated Exhibit "C"; and the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, as applicable, the legislative body of the District may, by resolution, establish and adopt an alternative or supplemental collection procedure as necessary.

Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance with Section 3115.5 of the Streets and Highways Code.

Reference is made to the following:

1. Exhibit A: Consent and Election To Annex Real Property To An existing Community Facilities District

2. Exhibit B: Community Facilities District No. 2017-01 Rate and Method of Apportionment

3. Exhibit C: Title Report/Owner’s Names and APNs
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person:

City Manager Alexander Henderson
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
(559) 897-5821
NOW THEREFORE, BE IT RESOLVED: That Resolution 2020-028 is approved.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 18th day of January 2023, by the following vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSTAIN: Council Member(s):

ABSENT: Council Member(s):
_____________________________
Abigail Palsgaard, City Clerk

STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss

CITY OF KINGSBURG )
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of said City Council held on the 21st day of October 2020.

Dated: 10/23/2020
____________________________________
Abigail Palsgaard, City Clerk

CONSENT AND ELECTION TO ANNEX RE,AL PROPERTY TO AN EXISTING

COMMUNITY FACILITIES DISTRICT

CITY OF KINGSBURG
COMMUNITYFACILITIESDISTRICT NO. 2017-01
(PUBLIC SERVICES DISTRICT)
TO: CITY COLTNCIL OF THE CITY OF KINGSBURG IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF THE ABOVE ENTITLED COMMLTNITY FACILITIES DISTRICT:

1. The undersigned is the owner (the "Owner"), or the duly authorized representative of the Owner, of the real property as described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and in such capacity, possesses all legal authority necessary to execute this Consent and Election as and on behalf of the Owner in connection with the annexation of the Property to the District (as defined below).

The Owner is:

Khalsa Transportation, Inc.
(APN 393-1t2-4r)

2. The Owner is aware ofand understands the following
The City of Kingsburg has conducted proceedings pursuant to the "Mello-Roos Community Facilities Act of 1982", (Government Code Section 53311 and following) (the "Act") to form a corlmunity facilities district known and designated as COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES DISTRICT) (the "District") to finance the increased demand for public services (the "Services") resulting from new development within the District. The services to be financed by the CFD comprise services ("Services") authorized to be financed pursuant to Section 53313 and 53313.5 of the Govemment Code. CFD 2017-01 shall finance Services only to the extent they are in addition to those provided in the territory of CFD 2017-01before the CFD A.

CFD 2017-01 when the CFD was created.

For a full and complete description of the public services, reference is made to the final CFD Report, a copy of which is on file in the Office of the City Clerk.

For all particulars, reference is made to said CFD Report.

The City has also undertaken proceedings pursuant to Article 3.5 of the Act to provide for the future annexation of certain territory, including the Properly, to the District. On June 7 , 2017, the City held a public hearing as required by the Act, to consider the future annexation of such territory, including the Property, to the District. Notice of such hearing was given in the form and manner as required by law. A protest to such future annexation was not received from 50% or more of the registered voters, or six (6) registered voters, whichever is more, B
residing in the territory proposed to be annexed in the future or the owners of one-half or more of the area of land in the territory proposed to be annexed in the future. At the conclusion of such public hearing, the legislative body of the City did approve and provide for the annexation in the future upon the unanimous approval of the owner or owners of each parcel or parcels at the time that such parcel or parcels are annexed, without additional hearings.

THE UNDERSIGNED DOES HERBBY CERTIFY UNDER PENALTY OF PERJURY AS FOLLOWS:

3. The Owner consents and elects to and expressly approves annexation of the Property to the District and the authorization for the levy of the Special Tax within the Property without fuither public hearing and without an election conducted pursuant to the provisions of Government Code Section 53339.7 and Article 2 of the Act and the Elections Code of the State of California. Owner agrees and intends that such consent and approval constitutes Owner's election to annex the Property to the District and to approve the authorization for the levy of the Special Tax within the Property.

4. The Owner waives any right, which the Owner may have to make any protest or complaint or undertake any legal action challenging the validity of the proceedings of the City or the District to authorize the future annexation of the Property to the District or the authorization for the levy of the Special Tax within the Property, any necessity, requirement, right or entitlement for funher public hearing or election pertaining to the annexation of the Property to the District and the levy of the Special Tax within the Property.

5. The Owner specifically authorizes the levy of the Special Tax on the Property pursuant to the rate and method of apportionment set forth in Exhibit B to pay for the authorized Public Services.

EXECUTED this ?I"rof Decemb er,2022,in Kingsburg, Califomia S
Khalsa Transportation, Inc.

Santokh Kaur Director
Khalsa Transportation, Inc
Note:

I
2 Signatures of property owner(s) or representatives must be notarized.

Proof of Authorization to sign is required for Corporations, Partnerships, Limited Liability Companies, Trusts, etc.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or

NOTARY ACKNOWLEDGMENT
STATE OF UlihvniaCOLINTY OF ftexw
On
-, a L?- before me, Abigail Palsgaard, Notary Public, personally Bhupinder Singh who proved to me on the basis of satisfactory evidence to be the personft) whose name(l) is/are subscribed to the within instrument and acknowledged to me that he/shs/thcy executed the same in his/fu/thqir authorized capacity(ibs), and that by his/hsr/tttnir signature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
N Public (This area for official notaries seal)
ffi ABIGAIL PALSGMRD
NOTASY PUBLIC . CALIFOfiNIA
coMMtsstoN # 2276546

FHESNO COUNTY
My Comm. Exp. F€bruary g, 2029
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or

NOTARY ACKNOWLEDGMENT

STATE OF

COUNTYOF
On before me, Abigail Palsgaard, Notary Public, personally appeared Santokh Kaur Singh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.

WITNESS my hand and official seal
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CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AP AGENDA ITEM: Requested Closure of Marion Street for Uptown Sprouts Event 2/11/2023 ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File

EXECUTIVE SUMMARY
On October 5, 2022 City Council approved the updated Special Event Application along with an update to the street closure policy. The policy states that all closures of central commercial streets must be approved by Council unless there is a pre-approved agreement.

Under this policy, local businesses can request the closure of central commercial streets for community events.

However, all requests for street closures in the central commercial zone district shall require City Council approval.

An applicant, at its expense, will provide written notice of the request for the street closure to all businesses fronting on the portion of the street to be closed (collectively “Affected Business”). The written notice must identify the date and time of the street closure and the Community Event that will take place during the street closure.

Before seeking City Council approval of the street closure, the applicant must receive written consent to the street closure from a majority of affected businesses. If the applicant receives written consent to the street closure from a majority of affected businesses, the applicant may seek City Council approval of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval.

Uptown Sprouts is submitting a request for partial closure of Marion Street between Draper Street and Lewis Street for their “All you need is love” Vendor fair on February 11, 2023, from 10am to 4pm. This event will be open to the public and will consist of pop-up retail and food vendors. Staff believes the proposed event meets most current policy guidelines and is eligible for street closure consideration by Council. The majority of affected businesses have consented and signed off on the event. The application has been distributed internally for departmental input and has received several conditions of approval.

Additional conditions of approval:
• Hiring staff to ensure that no parking takes place on the east side of Marion Street or fronting the fire station • Alley access to always remain open and free of obstruction • Fire lane to be maintained between vendors in case of an emergency • No vehicle access within the street closure during event hours • Additional trash receptacles and restrooms ordered based on attendance projections • At least one (1) green organic trash cart on site for food vendors to discard of food waste • Certificate of liability insurance listing the City of Kingsburg as additionally insured

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff has evaluated the application for policy compliance and has no pending concerns regarding the application. Staff recommends Council approve the requested street closure per the Special Events policy.

Meeting Date: 01/18/2023
Agenda Item: 5.12

POLICY ALTERNATIVE(S)

1. The council could choose to not approve the requested closure.

STRATEGIC INITIATIVE

1. Increase Retail Opportunities

2. Improve Community Communication

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
None.

ATTACHED INFORMATION

1. Completed Special Event Application
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Michael Noland, City Attorney REVIEWED BY: AH AGENDA ITEM: Linnaea Villas CalHFA Agreements
ACTION REQUESTED: __ Ordinance ____Resolution ____ Motion ____Receive/File

EXECUTIVE SUMMARY
In 2019, the City of Kingsburg (“City”) and the Housing Authority of Fresno County (“Housing Authority”) executed a Development Agreement and amendments thereto (collectively “Development Agreement”) to memorialize certain mutual terms and conditions related to the Housing Authority's construction of up to a sixty (60) unit multi-family apartment complex (“Project”) upon a parcel of real property consisting of approximately

4.84 acres and located on the southwest corner of Sierra Street and Madsen Avenue in the City of Kingsburg.

Pursuant to the provisions of the Development Agreement, title to the real property upon which the Project is constructed was transferred by the City to the Housing Authority. The Project is completed and is known as Linnaea Villas.

For purposes of financing, construction and ownership of the Project, and with the consent of the City, the Housing Authority transferred title to the Project real property to Kingsburg Linnaea Villas, LP, a California limited partnership (“Linnaea LP”). The Housing Authority and affiliates of the Housing Authority have ownership in Linnaea LP. Linnaea LP received tax credit financing from the California Tax Credit Allocation Committee and the Low-Income Housing Tax Credit and conventional construction financing to pay for the construction of the Project.

The City approved the site plan for the Project and issued certain conditions of approval (collectively “COA”) for the Project. The COA required the construction of certain offsite improvements including street extensions along Madsen Avenue and 24th Street and parking lot improvements at Tri-County Medical Clinic along with other offsite improvements. Based upon the estimated cost of the offsite improvements, the amount of tax credit and conventional construction financing available to the Housing Authority and Linnaea LP was not sufficient to pay the cost of the required offsite improvements. Therefore, on December 18, 2019 the City and Linnaea LP entered into a Offsite Improvement Agreement wherein the City agreed to construct the offsite improvements. The cost of construction of the offsite improvements by the City would be reimbursed by Linnaea LP to the City in the form of a loan by the City to Linnaea LP.

On December 18, 2019, the City and Linnaea LP entered into a Loan Agreement (“City Loan Agreement”), wherein the City agreed to loan to Linnaea LP the cost of construction and installation of the offsite improvements in the amount of $414,835.75 (“City Loan Amount”). A copy of the City Loan Agreement is attached to this staff report as Exhibit “A”. A promissory note (“City Promissory Note”) in the principal amount of the City Loan Amount and a deed of trust (“City Deed of Trust”) to secure the payment of the City Loan Amount were executed by Linnaea LP.

The City Deed of Trust was recorded against title the Project real property. The Housing Authority executed a Guaranty guarantying the payment of the Loan Amount should Linnaea LP fail to pay the City Loan Amount to the City.

Meeting Date: 1/18/2023
Agenda Item: 5.13

The fourth “WHEREAS” paragraph on page 1 of the City Loan Agreement refers to a permanent loan to be made to Linnaea LP by the California Housing Financing Agency (“CalHFA”) in the original principal amount of $1,500,000.00. The CalHFA Loan is identified in this paragraph as a “Senior Loan” to the City’s loan. CalHFA is now ready to fund the Senior Loan. Attached to this staff report as Exhibit “B” are a Subordination Agreement and Subordination and Standstill Agreement (collectively “CalHFA Agreements”). Because the City loan was made and the City Deed of Trust recorded against title to the Project property prior to the funding the Senior Loan, CalHFA is requesting the City subordinate the City loan and the City Deed of Trust to: (i) the CalHFA Senior Loan and the CalHFA deed of trust which secures performance by Linnaea LP under the Senior Loan; and (ii) a Subsidy Loan in the amount $676,617.00 and the CalHFA deed of trust which secures performance by Linnaea LP under the Subsidy Loan. Upon recordation of the CalHFA Agreements, the City loan and City Deed of Trust will be junior to the CalHFA Senior Loan and Subsidy Loan.

The provisions of the CalHFA Agreements are consistent with standard subordination and standstill agreements.

The provisions of the City Loan Agreement anticipated the funding of the CalHFA Senior Loan. It is the City’s understanding the Subsidy Loan is to provide additional financial assistance regarding the Project.

Pursuant to the provisions of the City Loan Agreement, principal and interest payments under the City Promissory Note are paid from available Cash Flow generated by the Project. The Fresno Housing Authority advises the City that now that construction of the Project is completed, payments of principal and interest under the City Promissory Note should begin in April, 2024.

RECOMMENDED ACTION BY CITY COUNCIL

1. The City Council approve the CalHFA Agreements and authorize Alexander Henderson, City Manager, to execute the CalHFA Agreements on behalf of the City.

ATTACHED INFORMATION

1. Exhibit “A”—City Loan Agreement

2. Exhibit “B”—CalHFA Agreements

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Alexander J. Henderson, City Manager; ICMA-CM REVIEWED BY: MN AGENDA ITEM: 2023 State and Federal Legislative Platform ACTION REQUESTED: ___Ordinance ___Resolution ___Motion ____Receive/File

EXECUTIVE SUMMARY
As part of our contracted agreement with Townsend Public Affairs (TPA), Council has the opportunity to consider a State and Federal legislative platform for 2023. The City of Kingsburg’s legislative platform for 2023 reflects the priorities of the Mayor and the City Council. The strategic platform will allow the City and Townsend Public Affairs to rapidly and effectively respond to and advocate for legislation, regulations, and funding opportunities that are consistent with the City’s stated goals.

In 2023, the Administration and Legislature are expected to focus on the following priority topics:
• Climate Resiliency
• Homelessness
• Housing/Affordable Housing
• Behavioral Health
• Fiscal Sustainability/Economic Development
The proposed platform (attached for review) recommends the above topics for close monitoring, analysis, and potential action. They include the focus areas of the Administration and Legislature, in addition to areas on additional importance to the City. The City Council may choose to take a position on a piece of legislation, continue to monitor without a position, or determine if any further response is required.

TPA maintains a constantly updated matrix of legislation during the legislative session and can provide recommendations when bills are introduced, as well as rolling updates and suggestions as bills move through the legislative process. TPA will monitor bills in numerous policy areas and will closely track legislative activity in these policy areas.

Council has the option to provide input on the proposed Legislative Platform. If there are no changes, Council could choose to adopt the platform at the January 18, 2023, meeting. Conversely, Council can consider adoption of the platform at their next meeting, which will be February 15, 2023. This would allow more time for consideration of topics of importance to the city and additional dialogue with TPA, if desired.

Representatives from TPA will be available to provide a verbal report and answer questions.

RECOMMENDED ACTION BY CITY COUNCIL
Meeting Date: 01/18/2023
Agenda Item: 6.1

1. Council has the option to provide input on the proposed Legislative Platform. If there are no changes, Council could choose to adopt the platform at the January 18, 2023 meeting. Conversely, Council can consider adoption of the platform at their next meeting, which will be February 15, 2023.

POLICY ALTERNATIVE(S)

1. N/A

REASON FOR RECOMMENDATION/KEY METRIC

1. Ensure Financial Stability

2. Promote Sustainable Development

3. Improve Community Communication

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. DRAFT 2023 State and Federal Legislative Platform
FISCAL IMPACT:

1. Is There A Fiscal Impact? Potentially

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

M E M O R A N D U M
To: The Honorable Vince Palomar, Mayor
Honorable Kingsburg City Council Members
Alexander Henderson, City Manager
From: Townsend Public Affairs, Inc.

Andres Ramirez, Senior Associate
Ben Goldeen, Federal Advocacy Manager
Christine Rose, Senior Associate

Date: January 18, 2023

Subject: 2023 State and Federal Legislative Platform
Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Kingsburg following the end of the 2022 legislative year and has drafted a recommended 2023 State and Federal Legislative platform for discussion and adoption by the full City Council. 2023 is the first year of a new 2-year State legislative cycle that will conclude in the Fall of 2024.

It is also the first year of a new Congress in Washington, DC – with a new Republican majority in the US House of Representatives. As such, there are several bill ideas that are expected to be reintroduced in a new form from past cycles, as well as completely new bill ideas that were introduced on December 5, 2022 during the swearing in on new State Legislators, as well as in January of 2023 when the Legislature return from Interim Recess. There is an added layer of complexity in 2023, as new Congressional, State Senate, and State Assembly districts are being implemented. Additionally, the State Legislature and Congress have dozens of new Senators, Assembly Members, and Members of Congress and staff that will be serving for the first time in the State and Nation’s Capitol. This is expected to result in a number of new assignments on policy committees, new committee chairs, and overall new political dynamics with leadership changes.

TPA has been closely monitoring the redistricting process and various associated changes and stands ready to engage in policy discussions on behalf of the City of Kingsburg immediately upon finalization and adoption of this legislative platform. Additionally, since the end of the 2022 State Legislative Session in August and as the current Congress concludes its work, TPA has maintained frequent lines of communication with the President’s Administration, Governor’s Administration, Key Legislators – including Kingsburg’s legislative delegation, Capitol Staff, and Relevant Stakeholders to help inform this document.

City of Kingsburg 2023 Legislative Priorities
The City of Kingsburg’s legislative platform for 2023 reflects the priorities of the Mayor and the City Council. The strategic platform will allow the City and Townsend Public Affairs to rapidly and effectively respond to and advocate for legislation, regulations, and funding opportunities that are consistent with the City’s stated goals.

Housing/Affordable Housing
1) Support legislation that advances the creation or funding of appropriately scaled affordable housing, with sensitivities to the uniqueness and character of a small rural community
2) Advocate for funding for innovative programs to prevent displacement and address hazardous housing conditions
3) Weigh in on and consider opposing legislation that minimizes local control of land use discretion
Homelessness
1) Support legislation that prevents displacement of tenants and property owner residents 2) Support legislation that provides support and resources to Counties and Continuums of Care with proper oversight to ensure funds are used appropriately and effectively In 2023, the Administration and Legislature are expected to focus on the following priority topics:
o Climate Resiliency
o Homelessness
o Housing/Affordable Housing
o Behavioral Health
o Fiscal Sustainability/Economic Development
The following policy areas are being recommended for close monitoring, analysis, and potential action. They include the focus areas of the Administration and Legislature, in addition to areas on additional importance to the City. The City Council may choose to take a position on a piece of legislation, continue to monitor without a position, or determine if any further response is required.

TPA maintains a constantly updated matrix of legislation during the legislative session and can provide recommendations when bills are introduced, as well as rolling updates and suggestions as bills move through the legislative process. TPA will monitor bills in numerous policy areas, and will closely track legislative activity in the following policy areas:

Climate Resiliency
1) Support efforts to reduce greenhouse gas emissions statewide 2) Advocate for additional resources to Cities for the purchase of electric vehicles and EV infrastructure
3) Support legislation that bolsters green businesses and the green economy in California while ensuring people in traditional industries do not lose work 4) Support legislation that bolsters sustainable agricultural vitality 5) Support legislation related to wildfire suppression and preemptive mitigation Fiscal Sustainability/Economic Development
1) Support legislation the preserves vital local funding streams 2) Support legislation that relives local governments of additional administrative burdens and costly mandates
3) Monitor measures providing opportunities for new tax increment financing Behavioral Health
1) Support legislation that fosters the development of alternative behavioral health emergency response and funding for such programs
2) Support legislation that encourages organizations other than municipal Police and Fire to take on the role of first responder when behavioral health emergencies arise General Infrastructure
1) Support legislation that provides opportunities and funding for key municipal infrastructure including office space, city halls, council chambers, and more 2) Support legislative efforts to provide funding via bonds or other mechanisms for local parks and green space projects
3) Support legislation and other efforts to bolster municipal fiber backbones and close the digital divide
4) Support legislation and funding mechanisms that seek to increase pedestrian and bicycle access and paths
Public Safety
1) Support measures that expand funding opportunities for body-worn and vehicle-equip cameras
2) Advocate for resources that help Fire and Police hire and retain adequate personnel 3) Support legislative efforts that bolster opportunities for enhanced public safety training, including facilities
Process for Reporting/Next Steps
In addition to legislative updates and other communications we send to the City Team, TPA suggests verbal reports to the City Council.

Due to the ever-changing nature of legislation in Sacramento, we will update our Legislative Tracking Matrix, tailored specifically for Kingsburg, either biweekly or monthly, thereby providing the City Council timely updates with the option to form a new position or change their current position on respective legislative items.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Alexander J. Henderson, City Manager; ICMA-CM REVIEWED BY: MN AGENDA ITEM: Fiber Optic Broadband Update
ACTION REQUESTED: ___Ordinance ___Resolution ___Motion ____Receive/File

EXECUTIVE SUMMARY
During the height of the pandemic, the city received several inquiries/complaints about existing internet options.

The challenge of available existing options (through private providers) became evident as residents struggled with bandwidth speeds due to high usage. Much of those same challenges remain as more individuals work from home, attend school online, and utilize teleconferencing technology for doctor visits and more. The increase in network traffic, overall devices, and expansion of the internet of everything (IoE), are all driving forces that make a functional, reliable high performance network not only a desire, but a priority.

During the council’s workshops regarding the use of use of American Rescue Plan Act Funds (ARPA) funding, council provided direction to staff to solicit public feedback on use of ARPA funds through an online survey. The survey identified potential projects to utilize the funding for, and asked residents to rank them based upon priority.

The installation of fiber broadband was ranked as the highest priority, followed by additional community planning efforts. Respondents also listed other priorities that necessitate a more reliable internet option, such as increasing our public safety camera network. As such, council directed staff to explore opportunities to improve upon Kingsburg’s broadband infrastructure. Subsequently, we staff engaged both the non-profit and private sectors for options to complete a buildout that will allow all city residents and businesses the opportunity to connect to a new fiber optic internet option.

During the regular council meeting on August 17, 2022, the council approved an agreement with Kingsburg Media Foundation (KBMF) regarding the installation of a fiber optic network. In addition, they authorized the City Manager and City Attorney to finalize a backstop agreement with Vast Networks. The purpose of this agreement is to safeguard the system should KBMF no longer be able to meet the requirements of the agreement.

NOTE: Included in your packet is the staff report and accompanying supporting documents from the August 17, 2022, meeting.

Since that meeting, staff and vendors have been working on finalizing the agreements and designing the system to best serve the community. Below is a short synopsis of activity to date:
• Executed the final agreement with KBMF (8/24/2022)
• Engineering Design of the System
- Included is an updated map of the proposed buildout.
- The updated map is color coded by phase (Phase 1 = Green, Phase 2 = Blue, Phase 3 = Orange) - NOTE: The green segments on the included mapping shows “gaps” – this is because there is already existing infrastructure in place. The new buildout in Phase 1 will tie into that existing infrastructure. • Vast Networks and the City are finalizing the backstop agreement.

Meeting Date: 01/18/2023
Agenda Item: 6.2

- This has included ensuring finite details are discussed and identified, as well as identifying Vast’s role should KBMF no longer be able to perform (either during or post-construction). • Phase 1 site walks began on January 11, 2023; these site walks help identify any onsite issues that may not have been identified during the initial design.
• It is anticipated that Phase 1 plans will be submitted to the City for review and permitting within the next two weeks.
• The City, per the agreement, has 30-days to review the documents. • We are anticipating that Phase 1 construction will begin within the first quarter of 2023, likely in the first few weeks of March 2023.
• Future Phases will be coordinated concurrently, and a full timeline for construction will be determined based upon availability of materials, permitting (namely Caltrans), weather, and availability of contractors.

Site locations within the City include approximately 16.5 miles of fiber infrastructure, which will also serve City facilities directly, including office buildings and water well locations. It will also serve existing public safety camera infrastructure, and offer the ability to expand. The larger project will include connections from the north and east (not part of our loan) that will provide redundancy to the system should there be an instance where a line is accidently severed.

Representatives from both KBMF and Vast Networks will be available to answer questions.

RECOMMENDED ACTION BY CITY COUNCIL

1. Informational only. Council may provide direction to staff.

POLICY ALTERNATIVE(S)

1. N/A

REASON FOR RECOMMENDATION/KEY METRIC

1. Ensure Financial Stability

2. Promote Sustainable Development

3. Improve Community Communication

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Updated Fiber Optic Infrastructure Map

2. Executed Development and Operating Agreement with Kingsburg Media Foundation

3. Staff Report and Supplemental Documentation from 8/17/2022 Meeting - Staff Report
- PowerPoint Presentation
- ARPA Results
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 036 & 318 Funds

FIBER OPTIC
DE AND OPERATING AGREF],MENT
This Fiber Optic Development Agreement is made tfris lf day of 2022 ("Effective Date") as it may be extended or amended, the "Agreement"), the City of Kingsburg, a municipal corporation and charter city (the "City") and Kingsburg Media Foundation, a California non-profit public benefit corporation ("KBMF") (each sometimes referred to as a "Party" and collectively referred to as the "Parties").

RECITALS
A. The City desires to implement a fiber optic network in partnership with KBMF in the City and KBMF desires to install a fiber optic network using in partnership with the City.

B. Currently, KBMF has rights to use the Existing Facilities identified in Section 4.2.1 below
C. The City has agreed to grant to KBMF Access to and a license to use the Public Way (as defined below) for purposes of installing the FON (as defined below) in the City and to provide an ISP (through KBMF) to all residences, businesses and City owned facilities in the City.

D. The City has agreed to grant to KBMF Access to and a license to use the Public Way for KBMF to install and operate a point of presence and/or a series of distributive cabinets and other equipment and materials in connection with the installation of the FON; and E,. City has agreed to loan to KBMF the principal sum of Two Million Two Hundred Thousand Dollars ($2,200,000.00) (as defined below) to pay the cost of construction and installation of the FON System in the City and the purchase of equipment needed to operate the FON System in the City.

NOW, THEREFORE, in consideration of the mutual covenants of the Parties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties covenant and agree as follows:

SECTION 1

1. Definition of Terms.

1.1 Terms. For the purpose of this Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. "Access" means facilitation of permits encroachments and/or lease agreements for specified areas within the Public Way.
ttBlock" means its commonly understood meaning of a group of homes or business separated by streets and alleys.
1 "Boundary" means the legal boundaries of the City as of the Effective Date, and any additions or subtractions to the City legal boundaries, by annexation or other legal means. "Cabinets" means above ground enclosures placed within the Public Way for the protection of active and passive equipment for the provision of Service throughout the System. "Commencement Date" means the date that Substantial Completion, as that term is defined herein, of the System has been achieved.
"Construction" means breaking ground for the installation of the System. ttConstruction Contractor" or "Contractor" means the construction company(ies) performing the physical work.
"Core and Trunk" means the section of the fiber optic network constructed in the Public Way from the interconnect point with the backhaul circuit to a duct or ducts at the plot boundary of the premises at the edge of the public right of way. "Cross-Connect" means a physical, hardwired cable that provides a direct connection between two different termination locations within a data center or equipment cabinet. "CVIN" means CVIN LLC (dba Vast Networks) which is comprised of affiliates of several independent telephone companies located in Central and Northern California, offering a full line of network services to other telecommunications companies in the area . "Drop" means the fiber optic cable run from the Core and Trunk to the ONT as defined herein on the Premises Wall.
"Facility" means the secure space that the City agrees to make available to KBMF during the Term.
6(Fixed Wirelessoo means a fixed point-to-multipoint Radiocommunication Service between an Electronic Communications Network and End-User premises and, for the avoidance of doubt, does not include Commercial Mobile Radio Services, or as otherwise defined by the "FON, means KBMF fiber optic network built using the permit approved design utilizing a combination of blown fiber, aerial, andlor other conventional techniques as well as electronics to enable multi-gigabit technologies. All fiber specifications conform to ITU G.652 specifications.
ttHazardous Materials" means (i) any hazardous or toxic wastes, substances, or materials, and any other pollutants or contaminants, which are regulated by any applicable local, state or federal laws, including, but not limited to 33 U.S.C. Section I25l etseq.,42 U.S.C. Section 6901 et seq.,42U.S.C. Section 9601 et seq.,42 U.S.C. Section 7401etseq.,42 U.S.C. 960 et seq., and the California Health and Safety Code Section 25100 et seq., and 25300 et seq., the California 2 Water Code, Section 13020 et seq., or any successor(s) thereto: (ii) petroleum; (iii) asbestos; (iv) flammable explosives; (v) polychlorinated biphenyls; and (radioactive materials. "Home" means a residential single-family dwelling, or a residential single dwelling unit located within a Multiple Family Dwelling Unit, located within the Boundary. rrISP'r means KBMF as a single internet service provider who will have the opportunity to operate on the network once the network is operational by providing one or more services to residential and or business connected subscribers on the network. "Multiple Family Dwelling Unit" means an apartment building or other building containing multiple dwelling units located within the Boundary "KBMF" means Kingsburg Media Foundation who will perform as the sole ISP of the FON including, comprising, among other things a combination of blown fiber, aerial, and other conventional techniques to enable multi-gigabit technologies. "KBMF Legacy Customers" means commercial business Subscribers receiving Service directly from Service connections located on that portion of Golden State Boulevard in the City limits of the City.
t'Net Profittt means, for each month, an amount equal to gross revenue derived from the KBMF System less direct costs and all reasonable and standard business operating overhead expenditures including interest, depreciation, and any unforeseen exceptional costs associated with the Kingsburg System only.
"ONT'' means an Optical Network Terminal device that converts optic light signals to copper/electric signals usable for delivery of Services to Subscribers and serves as the demarcation point at a Premises.

I'OLT" means an Optical Line Terminal device that converts standard signals used by a service provider to the frequency and framing used by the passive optical network and coordinates the multiplexing between ONT's located on the Subscriber's premise. tt tt
Premises, or the engineered point at or near a commercial Premises from which a Drop can be connected.
t'Person" means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, whether for profit or not for profit, but shall not mean the City or KBMF. 'rPoPrr means a point of presence containing equipment such as the Optical Light Terminal, necessary for the operation of the System and from which the fiber optic cables for the System may emanate.

J
"Premises" means a Home, Multiple Family Dwelling Unit, business or other buildings located within the Boundary.
"Premises Wall" means the exterior of an outside wall of a Premises to which the fiber optic cable can be terminated.
"Primary Premises" means any Subscriber within the Boundary "Public Way" shall mean the surface of, and the space above and below, any now existing or future: public street, road, highway, parkway, driveway, freeway, lane, path, court, sidewalk, bridge, alley, boulevard, traffic signals, lamp post, wastewater assets including sanitary and storm systems, public way, or other public right of way or easement including, public utility easements, dedicated utility strips, or rights of way dedicated for compatible uses and any temporary or pennanent fixtures or improvements located thereon now or hereafter held by, granted or dedicated to or under the jurisdiction of the City within the Boundary. For the avoidance of doubt, the term "Public Way" shall also mean any easement now or hereafter held by the City within the Boundary for the purpose of public travel, or for utility or public service use dedicated for compatible uses and shall include all other easements or rights of way held by the City within the Boundary.
"Release" when used with respect to Hazardous Material means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or inside any existing improvements or any improvements constructed hereunder, including the System. t'Servicett means internet, voice, data, and video service or any combination thereof, provided by the City or another Service Provider over the System. "Service Providers" means any entity, which enters into a contract with KBMF to provide Services over the System.
"SPC" means Single Point Contact to be made available to ensure proper coordination ofdesign, construction and all necessary activities. il
"Subscriber" means any Person (which for purposes of this definition shall include the City) that has entered into an agreement to receive or otherwise lawfully receives Service. For purposes of the Take Rate calculation identified in Subsections 10.3.3 and 10.4 of this Agreement, Subscribers shall mean all Wi-Fi customers, excluding KBMF Legacy Customers. "Substantial Completion" means the date onwhich, the Core and Trunk of the System has been installed and the System is capable of providing Service to all Subsuibers within Boundary (but for the lack of a Drop) or four (4) years post Construction being commenced, whichever event occurs first. Provided, however in the event KBMF cannot install the Core and Trunk of the System or other necessary equipment or otherwise make the System available to a 4 particular Primary Premises because of a lack of a right to access and use the Public Way due to the City not possessing the right, title, interest or authority to permit KBMF to use and occupy the Public Way or other lack of access or right to access and use property, or if there would be an incremental material cost to access property or install the System such that the cost to do so would be at least ten percent (10%) higher than the average cost to provide service to other Primary Premises within the Boundary, KBMF Completion shall be deemed to be achieved notwithstanding the failure to make the Service available to such Primary Premises. In the event that Substantial Completion is deemed to have occurred due to the expiration of four (4) years post Construction being commenced, KBMF shall use commercially reasonable efforts to complete, subject to the conditions in the provision above, such construction as is necessary to provide service to all Primary Premises within a commercially reasonable time. "System" means all parts of the FON system in the City as identified on the map attached hereto as Exhibit ",A" and made apart hereof that is designed to support the delivery of Service to Subscribers, including the fiber optic cable and its component parts and appurtenances, and the other cables, wires, components, facilities, cabinets, ducts, conduits, connectors, vaults, manholes, manhole covers, pedestals, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the FON system. City and KBMF may agree, in writing, to revisions to the map attached hereto as Exhibit "A" resulting from any design changes, required in-the-field changes or caused by other circumstances occurring during the installation of the System.
"Vast" means CVIN LLC (dba Vast Networks) which is comprised of affiliates of several independent telephone companies located in Central and Northern California, offering a fulI line of network services to other telecommunications companies in the area. "WiFi" The term "Wi-Fi" generally refers to a router device that allows other devices to connect to the Intemet through wireless network technology.

SECTION 2
Grant of Authority.

2.I Grant of Riehts.
2 2.1.1 KBMF Rishts to Public Wav. This Agreement sets forth the basic terms and conditions upon which KBMF is granted authority to install the System in the Public Way.

The particular terms and location of each portion of the System shall be specified in the applicable permit as described in Section 3.2 Permits and General Obligations. Subject to this Agreement and the applicable permit, the City hereby grants to KBMF the full right, power and authority to erect, install, construct, repair, replace, reconstruct, maintain, operate or retain in, on, over, under, upon, across, or along any Public Way, the System including, wires, cables, facilities, Cabinets, components, materials, apparatus ducts, conduits, connectors, vaults, manholes, manhole covers, pedestals, appliances, splitters, pots, attachments, and other related property or equipment as may be necessary or appurtenant to the System, within the Boundary, and all extensions and additions thereto. KBMF shall prepare the final engineering design and location of all equipment and other 5 parts of the System and submit the final design to the City for approval. Both Parties agree to cooperate during the design and permitting process and KBMF must first disclose all engineering designs to the City for permit approval and approval of the design of the System. Notwithstanding the foregoing, installation of the System and use of the Public Way is subject to the applicable permit for a specific location. It is understood that KBMF's right and to place the System is nonexclusive, but that upon issuance of the applicable permit, the area specified therein shall be exclusive for the System, subject to the terms and conditions of this Agreement.

2.1.2 Abandonment or Removal of Svstem uDon Termination of Agreement. Upon the expiration or termination of this Agreement, KBMF shall have the obligation to remove all of the System owned by KBMF on City facilities. However, the City may elect to allow KBMF to abandon all or a portion of the System. Any part of the system abandoned by KBMF shall become the property of the City. Within ninety (90) days or as soon as possible of the expiration or termination of this Agreement, City must notift KBMF in writing of its election to allow KBMF to abandon the System. Failure to provide such written notice within the time specified will be deemed KBMF's right to abandon the System in the Public Way.

2.2 Term of Agreement. This Agreement shall become effective upon the Effective Date. The term of this Agreement shall commence on Commencement Date and run until midnight on the date that is twenty (20) years after the Commencement Date (the "Initial Term"). Following the Initial Term, this Agreement shall automatically renew for two additional terms, each of ten (10) years, commencing on the twentieth (20th) anniversary and the thirtieth (30th) anniversary of the Commencement Date ("Renewal Terms," and, collectively with the Initial Term, the "Term") unless KBMF provides written notice to the City of its intent not to renew the Term of this Agreement at least three hundred sixty-five (365) days prior to end of the Initial Term and thereafter at least three hundred sixty-five (365) days prior to end of the first Renewal Term. If KBMF elects to not renew this Agreement the provisions of Section 2.1.2 shall apply to the System.

2.3 Efficient Process.

2.3.1 During the Term, the City shall provide, diligent review of all applications for permits or other approvals or entitlements by KBMF andlor its contractors, to the extent reasonably possible and to the extent permits are necessary, including permits or other necessary (i) The City shall within thirty (30) calendar days of submittal by KBMF andlor its contractors of an application or other request for a Permit in connection with this Agreement acknowledge in writing that such application is properly submitted and complete, or in the event such application is not properly submitted and complete, provide KBMF and/or its contractors with a written explanation of any deficiencies and identification of any additional information needed by the City to complete its review process. Upon curing any such deficiencies, the City shall undertake review of the application or other request for Permit by KBMF andlor its contractors in order to comply with this Section 2.5. 6 (ii) The City shall within fifteen (15) calendar days after the date of written notice from the City that an application is complete, provide final approval and issue any necessary approval or Permits to KBMF and/or its contractors. Except that, should any application or other request for a Permit in connection with Agreement require action by the City Planning Commission and/or City Council, said fifteen (15) day period shall be extended as determined by the City, to allow the City Planning Commissions andlor City Council to take any required action.

2.3.2 KBMF will use funds from the City Loan (as defined below) to employ single point independent contractor ("SPC"). The SPC will be responsible for facilitating and expediting the plan check, permitting process, inspections and communicating with KBMF and its contractors, the City Council, and the public regarding the construction process and progress.

KBMF shall submit draws monthly for purchase of equipment andlor payment to the SPC. KBMF shall be responsible for paying the City's current plan check fees, encroachment permit fees and inspection fees.

2.3.3 Permit applications shall be submitted by KBMF or SPC in substantially the form as provided and approved by the City at the time of application (approved form of permit application).

2.3.4 Nothing herein shall be construed as a promise, warranty, or guarantee by the City of approval of any Permit, license, or other land use approval or entitlement which may be required by KBMF to construct an install the System as required by this Agreement. Provided that no Permit, license, or other land use approval or entitlement or any other approval requested by or required by KBMF shall be unreasonably withheld, conditioned or delayed. Furthermore, KBMF shall have no liability for any of its obligations hereunder, excepting obligations which survive the termination of this Agreement, if the Permits, licenses or approvals are not issued by the City.

2.4 Fees. Expenses and other Charges. Except as expressly set forth herein, each Party shall bear and be responsible for all of its own costs, fees and expenses incurred in executing and performing this Agreement. The City agrees that this Agreement shall not require KBMF to comply with or otherwise be subject to any obligations or liabilities as a grantee of a franchise and
insurance requirements will be satisfied by bonds and insurance coverage provided as part of the encroachment permit application and supplied by the Construction Contractor (as principal) performing the construction of the System. Such bonds and insurance documentation to be supplied prior to the start of Construction. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 2.5 will survive expiration or termination of this Agreement.

2.5 Relocation. Modification. or Alternations. Excluding relocations requested by the City pursuant to this Agreement and repairs or maintenance to the System, KBMF may not relocate, materially modiff, or materially alter the System components any time after issuance of 7 the Permit(s) for the System, except upon City's written approval which approval will not be unreasonably withheld, delayed, or conditioned.

SECTION 3

3. The Svstem.

3.1 Svstem Description. KBMF agrees to install the System within the Boundary using the Public Way. The System shall use fiber optic cable emanating from the PoP to the Public Way and from there to the Premises Wall. The City acknowledges and agrees that KBMF has the right to install the System within the Boundary using the Public Way in order to make the delivery of Service over the System available to all Premises within the Boundary. The Parties acknowledge and agree that there is no agreed design or configuration of the actual location of the System within the Public Way as of the Effective Date and that KBMF shall submit such designs, specifications, plans and associated details to the City for approval in accordance with the provisions of this Agreement. The City will work with KBMF to approve the physical location of the fiber optic cable and other equipment and components of the System in, on, over, under, upon, across, or along the Public Way and from the Public Way to the Premises Wall.

3.2 Permits and General Oblieations. The City approves the location of the System within the Boundary, subject to the City's issuance of all applicable Permits, licenses, or other forms of plan review and approval or authoization necessary to construct, install, operate, maintain, replace, reconstruct, or repair the System, or any part thereof in accordance with the provisions of this Agreement during the term of this Agreement and any extensions of the Term.

Construction and installation of the System shall be performed in a professional and good workmanlike and safe manner using materials of good and durable quality consistent with the quality used in the industry. All transmission and distribution structures and equipment installed by KBMF for use in the System in accordance with the terms and conditions of this Agreement shall be located so as to minimize interference with the proper use of the Public Way and the rights of property owners who own property that adjoin any such Public Way. KBMF will adhere to all City building code requirements and any and all of the applicable laws, rules, regulations, ordinances or requirements of any other govemmental agency (collectively "Government Requirements"); provided, however in the event of an inconsistency or conflict between the rights granted to KBMF pursuant to this Agreement and any Government Requirements, the Govemment SECTION 4

4. Construction and Facilities.

4.1 Construction of the Svstem. VAST shall commence installation of the FON site within the Boundary at a location agreed to by the City and KBMF ("FON Site") within six (6) months after the date of the City's first monthly loan progress payment as identified in Section 10 of this Agreement ("FON Site Commencement I)eadline"). Installation of the FON Site shall be completed within six (6) months after the FON Commencement Date Deadline ("FON Site Completion Deadline"). The FON Site Completion Deadline may be extended by written 8 agreement between the City, VAST, and KBMF. KBMF shall commence Construction and installation of the System so that KBMF can begin to connect Subscribers to the System within thirty (30) days after installation of the FON Site by VAST (the "System Construction Commencement Deadline"); provided however, in the event of a Force Majeure Event (as defined in Section 10.2 below), the System Construction Commencement Deadline shall be extended by the time period of the Force Majeure Event as defined in Section 11.4 of this Agreement. In addition, KBMF shall complete construction of the System and connection of all Subscribers requesting connection to the System on or before six (6) months after the System Construction Commencement Deadline ("System Construction Completion Deadline"); provided however, in the event of a Force Majeure Event, the System Construction Completion Deadline shall be extended by the time period of the Force Majeure Event as defined in Section 11.4 of this Agreement. The timeline shall also be extended due to and for the length of any delay by the City in performing its obligations hereunder or issuing the Permits, licenses and approvals to KBMF or its contractors as required by this Agreement.

4.1.1 The City acknowledges and agrees that KBMF or SPC may use varying construction techniques for the System construction, installation and deployment, which may include, any of the following:
(D Traditional open trench andlor directional boring;
(ii) Slot cut micro-trenching at a depth of between 12" and 16" with a minimum cover from the top of the duct to top of the asphalt of 7" as set forth in the specifications set forth in Exhibit C to this Agreement; (iiD Techniques ancillary to or related to the foregoing.

The City approves each of the above referenced construction methods and agrees to work cooperatively with KBMF in reviewing all other potential construction methods.

4.1.2 KBMF shall be solely responsible for all repairs, maintenance, and adjustments, and damage to the System, not caused by City's active negligence or willful misconduct. The City shall be liable to the extent any loss or damages to the System that results from the active negligence or willful misconduct the City or its employees. The provisions of this

4.2 LocationofEquipment/Facilities.

4.2.1 Facilities. During the Term, the City shall provide KBMF and its contractors with access to and use of City-owned facilities at no cost to KBMF and KBMF shall provide access to and use by its contractors of KBMF owned facilities for the installation and operation of KBMF's PoP equipment (approximately 300 square feet per location), distributed cabinets and other System equipment, components, parts, and other appurtenances for the System and related facilities, and from which the fiber optic cables will be deployed(collectively "Existing Facilities") to assist in the deployment of fiber optic cables. KBMF will provide location and Existing Facilities detail and written consent to use the Existing Facilities from all owners of the 9 Existing Facilities, as part of the permitting process and approvals. The City must approve the use of City facilities prior to installation of the System by KBMF.

4.2.2 PoP/Cabinet/Facilitv Location. KBMF agrees to provide engineering designs including intended locations of PoP andlor Cabinets andlor the Facility required for the System to the City prior to Construction in accordance withCity's permitting process. The City and KBMF agree to cooperate in the selection of suitable sites for the PoP (approximately 300 square feet per location) and Cabinets. However, City has sole and absolute discretion to reject a proposed location; provided that, the City will use reasonable efforts to offer suitable alternative locations.

4.3 Subscriber Connections.

4.3.1 Fiber to the Premises Wall. KBMF will provide a terminated fiber to each Subscriber's Premises receiving a Drop in a manner to be determined by KBMF and the City. The location and the method of the Drop will vary depending on the circumstances of the location of the Subscriber's Premises.

4.3.2 Svstem Connection the Premises Wall. The following will apply to the connection to each Premises receiving a Drop:
(i) The City will assist KBMF or its designee in securing private property access rights necessary, advisable or appropriate as determined by the City, to connect the System from the Subscriber property boundary to the Premises Wall. In the event a Subscriber refuses to provide the required access to connect the System from the Subscriber's property boundary to the Premises Wall, KBMF shall not be required to make the System available to such Premises.
(ii) KBMF shall have no duty to provide any additional connection after the terminated fiber has been taken to the ONT on the Premises Wall.

4.3.3 Svstem Connection to the P ises Wall via Fixed Wireless. KBMF will primarily provide a connection to the System via a fixed wireless connection. This connection will have consistent line-of-site back to a PoP
(i) The City will assist KBMF or its designee in securing private property access rights necessary, advisable or appropriate to connect the System from the Subscriber property boundary to the Premises Wall. In the event a Subscriber refuses to provide the required access to connect the System from the Subscriber's property boundary to the Premises Wall, KBMF shall not be required to make the System available to such Premises. (ii) KBMF shall have no duty to provide any additional connection after the terminated fixed wireless hand-off on the Premises Wall. l0

4.3.4 System Speeds. KBMF agrees to deliver speeds to Subscribers that meet the minimum speeds for broadband internet access as defined by the Federal Communications Commission. KBMF will meet the speed requirements throughout the Term of the Agreement.

SECTION 5

5. Oversisht and Resulation bv Citv.

5.1 Oversight of Construction. The City shall have the right to oversee and inspect the Construction of the System in the Public Way.

5.2 Compliance with Applicable Laws. KBMF and the City shall, at all times during the Term, be subject to and comply with all Govemment Requirements applicable to the Construction of the System in the Public Way and performance of their respective obligations and responsibilities under this Agreement.

5.3 Treatment of Confidential Information. Subject to all local, state and federal law, including without limitation, the California Public Records Act, the City agrees that all information provided by KBMF to the City related to the System, including plans, drawings, designs, conceptual renderings, cost information, specifications, photographs, reports, manuals, and other documents ("Confidential Information"), is proprietary and shall be kept confidential and shall not be disclosed to any Persons other than the City's officials, employees, representatives, staff and consultants (collectively, "Representatives") with a need to know such information. The City shall cause its Representatives to observe the confidentiality obligations described herein.

The City agrees to promptly notifu KBMF if the City receives a California Public Records Act request relating to KBMF or the System. The provisions of this Section 5.3 shall not apply to any proceedings by the City Planning Commission or City Council that are necessary in order to issue Permits or other approvals required for the construction and installation of the System. The City's obligations set forth in this Section 5.3 will survive expiration or termination of this Agreement.

SECTION 6

6. Insurance.

KBMF shall procure and maintain from the date of commencement of Construction for the duration of the Term of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder, including, without limitation, the construction and installation of the System as required by this Agreement, by the KBMF, its agents, representatives, employees, contractors and subcontractors.

6.1 Minimum Scope and Limit of Coverage.

Coverage shall be at least as broad as:
ll
A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to construction and installation of the System (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Coverage shall include blanket contractual liability and broad form property damage, premises, operations, explosion, collapse, undergroundhazard (commonly referred to as "X", "C" and "IJ" coverages
B. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

C. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers'Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

D. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the System and no coinsurance penalty provisions.

E. Professional Liability with limits no less than $1,000,000 per occuffence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the Effective Date. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of construction and installation of the entire System. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Effective Date, or date of commencement of construction, KBMF must purchase extended reporting period coverage for a minimum of five (5) years after completion of construction and installation of the entire system as provided in this Agreement. A copy of the claims reporting requirements must be submitted to the City for review.

F. Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $3,000,000 per occurrence or claim, and $5,000,000 policy aggregate.

KBMF shall require its contractors to procure and maintain during the construction and installation of the System all the types of insurance identified in Subsections A, B, C, D and F of this Section

6. Any insurance carried by KBMF's contractors shall name the City and its officer, officials, employees and volunteers as additional insureds and shall satis$ all the requirements of this Section 6.lf a contractor or KBMF maintains broader coverage andlor higher limits than the minimums shown above for all policies, the City shall be entitled to the broader coverage andlor higher limits maintained by a contractor or KBMF. Any available insurance proceeds in excess of 12 the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City.

6.2 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, KBMF shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officer's, offrcials, employees, and volunteers; or KBMF shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6.3 Other Insurance Provisions:

A. Additional Insured. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work and operations performed by or on behalf of KBMF including, without limitation, materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of KBMF and its contractors. General liability coverage can be provided in the form of an endorsement to the KBMF's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

B. Primary Insurance. KBMF's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the KBMF's insurance and shall not contribute to it.

C. Notice of Cancellation. Each of KBMF's insurance policies required by this Section 5 shall require the insurance carrier to provide at least thirty (30) days prior written notice to the City if (1) the required insurance policy is modified or terminated; (2) the limits of the insurance policy are reduced; (3) or the deductible or self-insured retention or limits of
insurance policy, KBMF shall immediately obtain and submit proof of substitute insurance which complies with the requirements of this Section 6.

D. Builder's Risk (Course of Construction) Insurance. KBMF shall, submit written evidence of Builder's Risk insurance in the form of Course of Construction coverage required by the City. Such coverage shall name the City as a loss payee as their interest may appear.

E. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
13 F. Waiver of Subrogation. KBMF waives any rights of subrogation which any insurer of KBMF may acquire from KBMF by virtue of the payment of any loss. KBMF shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the KBMF, its employees, agents, contractots and subcontractors.

G. Verification of Coverage. KBMF shall furnish the City with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before the date of the commencement of Construction. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Section 6, at any time.

H. Contractor/Subcontractors. KBMF shall require and veriff that all of its Contractors and all subcontractors maintain insurance meeting all the requirements set forth in this Section 6, and KBMF shall require, each contractor and all subcontractors to list City and its offrcers, officials, employees and volunteers as an additional insured on insurance required under this Section 6. For CGL coverage contractors and subcontractors shall provide coverage with a form at least as broad as CG 20 38 0413' I. Special Risks or Circumstances. City reserves the right to modifu, at any time, these requiiements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

SECTION 7

7. Parties' Oblisations.

7.1 Oblieations of the Citv. In addition to all other duties and obligations contained elsewhere in this Agreement, City has the following duties and obligations:
n
lSSUES
related to the System, providing coordination with and act as a liaison to City departments SPC may change during the construction and post construction phases. (ii) offer the full cooperation of all city departments with respect to relevant issues with respect to the System.
(iii) Subject to Section 3.2, provide KBMF and its representatives with access to Public Way and City infrastructure for which a Permit has been issued to KBMF for the installation and inspection of the System and except as otherwise set forth in this Agreement, with no charge by the City for such access through completion l4
of Construction. KBMF and/or any contractors it hires will be required to obtain encroachment permits and pay any related permit and inspection fees and comply with all other standard encroachment permit conditions of approval for future maintenance andlor repairs andlor alterations to the System located within the Public Way once installed and operational.
(iv) Participate in regular status meetings for the coordination of all matters related to the System as determined by the City.
(v) Provide timely review of all applications for Permits submitted by KBMF or its contractors, including Permits or other necessary approvals for construction work on the System within the Public Way.
(vi) In the event emergency repairs to the System, the Public Way or the Sewer System are necessary, coordinate the repairs with KBMF, any utilities or other users of the Public Way, in order to facilitate prompt repairs, and keep KBMF apprised of the status of such repairs.
(vii) When reasonably able, City will provide KBMF with a least ten (10) days advance notice of any work in the Public Way that requires the relocation of the System. In addition, where necessary, the City will provide KBMF with an opportunity to access the System at the time of the excavation in the Public Way by others.
(viii) The City will require all new development projects approved by the City after the Effective Date to install conduit for the purposes of housing fiber optic as a condition of approval of the development project. Conduit size shall be no less thanYz inch inside diameter to the Premises and no less than I inch inside diameter from the combining points to primary development cabinet. (i") Provide the loan to KBMF as identified in Section 10 of this Agreement.

7.2 Obligations of KBMF. In addition to all other duties and obligations contained elsewhere in this Agreement, KBMF has the following duties and obligations. City acknowledges in this
Section 7.2. However, the retention of such contractors by KBMF shall not relieve KBMF of its performance of all of the duties and obligations identified in this Section 7.2. (i) Work closely with the SPC of the City and relevant City departments with respect to the construction and installation of the System. (iD Comply with all requirements of City Permits and all other applicable Government Requirements and Public Way use applications, to the extent they may be required.
15 (iiD Maintain and provide for the maintenance of the System and repair and replacement of all System equipment regardless of ownership of the System. (iv) KBMF and its contractors shall register with California Dig Alert; and (v) Relocate the System as needed for City capital improvement projects and Premises development projects (collectively "Relocation Projects"). Such Relocation Projects shall not include routine maintenance and repair that does not impact the System, including without limitation repair of pot holes, milling and repaving of roadways, and repair and replacement of sewer pipes and/or other aspects of the Sewer System. The City shall provide KBMF with not less than thirty (30) days written notice of such Relocation Projects. In the event KBMF determines in its reasonable discretion that such Relocation Projects will have amaterial impact on the System such that it would be in the best interests of the Parties to temporarily or permanently relocate some or all of the System, the City agrees to provide reasonable accommodations as reasonably requested by KBMF and with no cost or charge by the City to KBMF other than standard encroachment permit application and inspection fees, to allow and facilitate KBMF the ability to temporarily or pennanently relocate such portion of the System in or around the Public Way in a manner sufficient to maintain the operation of the System pursuant to the terms of the Agreement. KBMF shall be responsible for the cost of any such temporary or pefinanent relocation of any portion of the System in connection with a Relocation Projects.
(vii) Provide response times in connection with repairs to be undertaken by KBMF and/or contractors retained by KBMF (as opposed to repairs to be undertaken by the City) and to establish the necessary personnel levels for required dispatch, repair, inventory, maintenance, and service of the System commencing no earlier than Substantial Completion as follows:
(viii) Depending upon the type of fault or the method of identification, the City shall notifu KBMF of a suspected fault and the generation of a service ticket. The City shall issue to KBMF one of the following service ticket(s), for which KBMF shall provide the corresponding response time:
(1) Standard Response ("STANDARD")
a) Description: Construction in progress, capital improvement and other such projects impacting or potentially impacting the KBMF System and/or may impact the KBMF System, about which the City is aware of in advance. Examples of such fault include mill and fill projects, side relocations, road reclamation projects, and other similar projects, provided that any such STANDARD repair is subject to the then current California Dig Safe laws and regulations, and all other applicable laws and regulations.
16 System.
b) KBMF response time: On-site within ten (10) calendar days (2) Non life threatening Emergency Response ("NON-LTER") a) Description: Curb and gutter projects, and utility (including telecommunications) projects requiring relocation, repair, or replacementthat are impacted by the KBMF System andlor may impact the KBMF System, provided that any such NON-LTER repair is subject to the then current California Dig Safe laws and regulations, and all other applicable laws and regulations. b)
hours
KBMF response time: On-site within seventy-two (72)
(3) Life Threatening Emergency Response ("LTER")
a) Description: Break or hit in the main gas, main electric, main water, or main sewer line in the Public Way that has an immediate and direct impact to the safety of the public in or around the Public Way, and wherein the City's ability to implement repairs are impacted by the System and/or City repairs may impact the b) KBMF response time: On-site within four (4) hours
(i) Upon receipt of a service ticket as set forth herein, KBMF shall dispatch a technician to the specified fault location as identified by the City KBMF, working with the City, will then make the determination as to whether the technician will proceed with the repair(s) if possible, wait for arrival of a City contractor if necessary for investigation and/or repair of work, or leave the site.
(i") Installation of necessary equipment to facilitate in-Premises connections (wireless or direct), customer service, rate setting, invoicing to (x) Perform all KBMF's obligations under the loan including, without limitation, the payment of all amounts due to City by the allocation of Take Rates and set forth in Section 10(viii) of this Agreement. (xi) Operate and manage the FON, including without limitation:
(1) customer service
(2) rate setting
17 (3) customer invoicing and payment collections
(4) Pull and install all fiber optic cable and make connections for all new development within the Boundary
(5) All other actions to continue network operations during the Term of Agreement.
(6) Participation in eligible affordable connectivity programs to ensure any person in the City can be a Subscriber and receive the Service through the System. (xii) The execution of a lease by and between KBMF and CVIN, LLC for the leasing of the bandwidth by KBMF from CVIN,LLC in a form acceptable to the City. 8 SECTION 8
Breach: Rights and Remedies: Terminationl Indemnification.

8.1. KBMF B or Default. In the event the City believes KBMF has not complied with or is otherwise in default with regard to any material term of this Agreement, the City shall promptly notifu KBMF in writing specifring the nature of the alleged noncompliance or default (a "City Breach Notice"). The City's failure to promptly provide such notice, however, shall not act as a waiver of any rights and remedies of City hereunder.

8.1.1 KBMF Risht to re or Resnond. KBMF shall have fifteen (15) days after its receipt of a City Breach Notice (the "KBMF Cure Period") to (i) respond in writing specifying the reasons KBMF disputes to the City, the City's assertion of noncompliance or default and in such event the Parties shall use commercially reasonable efforts to promptly resolve such dispute and to the extent the Parties are unable to resolve such dispute within thirty (30) days after the date of KBMF's response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such dispute; or
(ii) cure an actual default or noncompliance within the KBMF Cure Period; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the KBMF Cure Period, so long as KBMF initiates the cure within the KBMF Cure Period and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies the City of the steps being taken and the projected date that they will be completed, but not to exceed forty-five (45) days from KBMF receipt of a City Breach Notice
l8

8.1.2 City Riehts and Remedies.
(D If KBMF fails to cure any noncompliance or default as provided in Section S.l.l(ii) above within the KBMF's Cure Period, the City may:
(a) seek specific performance of any provision of this
Agreement which lends itself to such remedy as an alternative to money damages;
(b) seek money damages from KBMF; or
(c) terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.
(iD Subject to Section 10.2 below, in the event KBMF fails to commence Construction on or before the Construction Commencement Deadline in accordance with Section 4.1 above and subsequently fails to commence Construction within the KBMF Cure Period, the City may exercise all of its remedies identified in this Section 8.1.2 above. (iii) Subject to Section 10.2 below, in the event KBMF fails to complete construction of the System by the Construction Completion Deadline in accordance with Section 4.1 above and subsequently fails to complete said construction within the KBMF Cure Period, the City may exercise all of its remedies identified in Section 8.1.2 above. In the event of the failure of KBMF to complete construction of the System before expiration of the KBMF Cure Period, the City may within thirty (30) days after the last day of the KBMF Cure Period, elect to either (i) purchase the System by paying to KBMF within ninety (90) days after the last day of the KBMF Cure Period, a sum equal to KBMF's actual costs of designing, and constructing the System for use in the City or (ii) permit KBMF to continue construction of the System on terms and conditions acceptable tothe City and continue all network operations necessary to maximize use of the FON in accordance with this Agreement, the City shall however have authority over all KBMF to complete construction of the System and to continue all network operations, such permission may include mutually agreed and executed amendment of this Agreement.
(iv) Subject to Section 10.2 below, at any time after Substantial Completion is achieved, in the event no intemet, voice, data, or video service of any kind is capable of being provided over the System due to the acts or omissions of KBMF for a period in excess of thirty (30) consecutive days and KBMF fails to restore such capability within the KBMF Cure Period identified in this Section 8.1.1 above, the City may provide written notice to KBMF of the City's intent to exercise its t9
remedies identified in this Section 8.1.2 above, including the City's elections under Section 8.1.2 (iii) above.
(v) Notwithstanding anything to the contrary in this Agreement, in no event shall the City be permitted to terminate this Agreement if the City is in breach of or default under this Agreement.

8.2 Citv Breach or T)efault. In the event KBMF believes that the City has not complied with or is otherwise in default with regard to any term of this Agreement, KBMF shall promptly notifu the City in writing with specific details regarding the nature of the alleged noncompliance or default (a "KBMF Breach Notice"). The failure to promptly provide such notice, however, shall not act as a waiver of any rights and remedies of KBMF hereunder.

8.2.1 Citv's Right to Cure or Respond. The City shall have forty-five (45) days after its receipt of a KBMF Breach Notice (the "City Cure Period") to:
(i) respond in writing to KBMF specifuing the reasons the City disputes, KBMF's assertion of noncompliance or default and in such event the Parties shall use commercially reasonable efforts to promptly resolve such dispute and to the extent the Parties are unable to resolve such dispute within thirty (30) days of the City's response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such dispute; or
(ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the City Cure Period, so long as the City initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies KBMF of the steps being taken and the projected date that they will be completed, the City Cure Period shall be extended for a reasonable amount of time to permit such cure but not to exceed ninety (90) days from the City's receipt of a KBMF Breach Notice (the "Extended City Cure Period");

8.2.2 KBMF Rishts and Remedies. If the City fails to cure any actual noncompliance or default as provided in Section S.2.I(ii) above within the applicable City Cure Period, KBMF may:
(D seek specific performance of any provision of this Agreement which lends itself to such remedy as an alternative to money damages; (ii) seek money damages from the City; or
(iii) terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.
20 8.3 Termination on Insolvency.

8.3.1 A Party shall have the right, at its option, upon notice to the other Party to terminate this Agreement if the other Party becomes (i) insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (ii) subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes which is not rescinded or dismissed within thirty (30) days.

8.4 Oneration of After Termination. Should this Agreement terminate for any reason, including, without limitation, as a result of the City's breach or default, the System will continue to operate and provide the FON to all Subscribers including the City and the City will retain another Person to serve as ISP in place of KBMF, if necessary.

8.5. Indemnification

8.4.1 The City agrees to indemnifu, defend, and hold harmless KBMF and its directors, officers, managers, members, partners, employees, agents and representatives (collectively "KBMF Indemnitees") at the City's sole expense from and against any and all claims, suits, and demands of liability, loss, cost, expense or damage, including reasonable attorney's fees (collectively, "Damages"), arising out of or resulting from (i) breach of this Agreement in any material respect by the City or (ii) the City's willful misconduct or gross negligence in its performance of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, the indemnity obligations set forth herein will survive expiration or termination of this Agreement. The defense obligation shall be required whenever any claim, action, complaint, or suit asserts as its basis the acts or omissions of the City as set forth in this Section 8.4.1, its officers, agents, andlor employees, whether or not the City, its officers, agents, andlor employees are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the City shall not be liable for the defense or indemnification of the KBMF Indemnitees for claims, actions, complaints or suits arising out of the negligence or willful misconduct of the KBMF Indemnitees and their contractors and subcontractors.

8.4.2 KBMF, at its sole cost and expense, shall defend, indemnifr and hold the free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or are incident to any alleged acts, omissions, negligence or willful misconduct of KBMF, the KBMF Indemnitees and their contractors and subcontractors including, without limitation, claims arising out of or in connection with the performance of its obligations and responsibilities under this Agreement or its failure to perform its obligations and responsibilities under this Agreement, including without limitation the payment of all attorney's fees and other related costs and expenses except where caused by the active sole negligence, or willful misconduct of the City its officers, officials, employees, agents and volunteers. KBMF shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, 2l
its directors, officials, offrcers, employees, agents or volunteers. KBMF shall pay and satisfu any judgment, award or decree that may be rendered against the City or its officials, offtcers, employees, agents or volunteers, in any such suit, action or other legal proceeding. KBMF shall reimburse the City, its officials, officers, employees, agents andlor volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. KBMF's obligation to indemnifr shall not be restricted to insurance proceeds, if any, received by the City its officials, officets, employees, agents or volunteers.

Notwithstanding anything to the contrary contained in this Agreement, KBMF's indemnity obligations set forth herein will survive expiration or termination of this Agreement.

8.5 Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO

THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,

RELIANCE, OR PTINITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ANY LOST PROFITS OR HARM TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM CLAIMS FOR ANY SUCH DAMAGES.

Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 8.5 will survive expiration or termination of this Agreement.

SECTION 9

9. Disputes.

9.1 For all claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System which cannot be settled through negotiation, the Parties agree first to try in good faith to settle the matter by mediation in Fresno County, California, prior to commencing litigation.

9.2 All claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be decided in a court of law. The sole and exclusive venue for all claims, disputes or controversies arising out of, or in connection within the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be the state courts of Fresno County, California.

SECTION 10

10. Loan and Take Rate Pavments.

10.1 Loan Terms. The City will provide a loan to KBMF in the principal amount of Two Million Two Hundred Thousand Dollars ($2,200,000.00) ("Loan") to be used by KBMF solely for payment of the costs and expenses of construction and installation of the System 22 including equipment purchases and the payment of permit and Govemment Requirement fees. The term of the Loan will be eight (8) years commencing on the Effective Date ("Loan Term"). The Loan has no prepayment penalty.

10.2 Disbursement of of the Loan.

City will disburse to KBMF the principal amount of the Loan and thereafter amounts from the City Share in monthly progress payments (collectively "Payments" or o'Payment"), for labor and materials for the construction and installation of the System. Payments will be made within twenty (20) days after receipt of invoice from KBMF. Each KMBF invoice must be approved by the City prior to Payment. Final Payment to KBMF shall be made after the System has been fully constructed and installed in conformity with this Agreement and accepted by the City and all Subscribers have been connected to the System. All invoices submitted by KBMF for Payment shall include all applicable payroll affidavits, receipts, vouchers, unconditional releases of claims for labor and material along with the same documents from KMBF contractors, suppliers and/or material suppliers performing work or fumishing materials for the construction and installation of the System, all in a form satisfactory to the City. It is agreed that no Loan or City Share Payment hereunder shall be made except at City's option, until and unless such documents have been furnished by KBMF. City, at its option, may make any Payment due hereunder by check made payable jointly to KBMF and its contractors and/or suppliers who have performed work or furnished materials for construction and installation of the System. Any Payment made hereunder prior to completion of the construction and installation of the System and acceptance of the System by the City, shall not be construed as evidence of acceptance or acknowledgement of completion of any part of the System, or waiver of any of the City's rights under this Agreement.

City's monthly progress Payments to KBMF shall be subject to retention of ten percent (10%) of the value of all the costs and expenses included in any monthly progress Payment to KBMF. The amount retained shall be paid to KBMF with the final Payment to KBMF.

City may withhold all or part of any Payments claimed by KBMF for any of the following reasons:
(l) defective work not remedied;
(2) third party claims filed or reasonable evidence indication probable filing of such claims unless security acceptable to City is provided by KBMF; (3) failure of the KBMF to make payments properly for labor, materials or equipment to its contractors andlor suppliers performing work or furnishing materials under this Agreement;
(4) reasonable evidence that the construction and installation of the System cannot be completed for the unpaid balance of the Loan and City Share; 23 (5) reasonable evidence the construction and installation of the System may not be completed by the Construction Completion Deadline;
(6) KBMF's failure to construct and install the System in accordance with the Contract Documents;
(7) failure by KMBF or its contractors to submit insurance certificates and endorsements as required by Section 6 of this Agreement; or (8) failure by KBMF or its contractors to submit required warranties, guarantees, as-built drawings and other documents required by the City.

Any amounts so withheld or reduced shall be considered not due to KBMF under this Agreement.

When KBMF remedies any of the above reasons for withholding to City's satisfaction, City shall pay within twenty (20) days the amount previously withheld for that reason.

10.3 Loan Repavment.

10.3.1 Interest Only Payments. Interest shall begin to accrue atthe rate of four percent (4%) per annum beginning with the first disbursement made by the City as identified in Section 10.2 above. ("Accrual Date") and will thereafter, continue to accrue on the principal balance as disbursed under Section 10.2 until the entire principal balance is paid in full.

Commencing thirty (30) days after the Accrual Date and continuing on the same date of each and every month thereafter until the date of payment of the first monthly installment of principal and interest as identified in Section 10.3.3 below, KBMF shall make monthly interest only payments to City in the amounts necessary to pay all accrued interest on disbursements made to the date of payment of each respective interest installment.

10.3.2 Princinal and Pavments. KBMF will commence making monthly principal and interest payments under the Loan on the date which is thirty (30) days after the date KBMF sends the first billing invoices to Subscribers of the System and principal and interest payments shall be made on the same day of each and every month thereafter during the Loan Term.

On the last day of the Loan Term all unpaid principal plus accrued but unpaid interest shall be due and payable.

10.3.3 Loan Take Rate Payments. Principal and interest payments under the Loan will be equal to the percentage ("Take Rate") of KBMF's net profit as defined in this Subsection 10.3.3. Until the total number of Subscribers reaches four hundred (400), principal and interest payments under the Loan shall be equal to a Take Rate of fifty percent (50%) of KBMF's monthly net profit amount received from all Subscribers. KBMF's net profit ('Net Profit") for direct FON connections shall be equal to the total monthly Subscriber charges billed by KBMF less the VAST Circuit Cost and less five percent (5%) of the total monthly subscription charges by KBMF to cover KBMF's operations and equipment costs. Net profit for WiFi Connections shall be equal to the gross amount billed to the Subscriber multiplied by the Take Rate in effect at the time of billing. When the total number of Subscribers reaches four hundred one (401), principal and interest payments under the Loan shall be equal to a Take Rate of sixty percent (60%) of the 24 net profit for all direct connection and WiFi Subscribers. If at least fifty percent (50%) of the principal balance of the Loan has not been paid in full by the sixth (60'h) month of the Loan Term, monthly payments of principal and interest under the Loan shall increase to a Take Rate of seventyfive percent (75%) of the monthly for all direct connection and WiFi Subscribers until all amounts due under the Loan are paid in full. Included with every Take Rate Payment, KBMF will provide the City with a detailed report identifuing the total number of direct connection and WiFi Subscribers by address and Subscriber name and the amount of each monthly Subscriber charges billed to each Subscriber.

10.3.4 City Audit. KBMF shall keep accurate records showing in reasonable detail the total number of direct connection and WiFi Subscribers by address and Subscriber name and the amount of each monthly Subscriber charges billed to each Subscriber. City, at its expense, shall have the right, upon fifteen (15) days prior written notice to KBMF ("Audit Notice") to audit KBMF's books and records. Any audit shall be conducted on normal business days during normal business hours, by independent certified public accountant employed by City on an hourly or fixed fee basis, and not on a contingency fee basis. City shall have forty-five (45) days after the date of the Audit Notice to complete City's inspection of KBMF's books and records at KBMF's office.

During its inspection, City may request all pertinent documents relating to the inspection in KBMF's possession or control or in the possession or control of KBMF's accountants or in the possession or control of any agent, representative or independent contractor of KBMF. KBMF will provide such documents to City within ten (10) days after KBMF's receipt of the Audit Notice.

City shall not remove such records from KBMF's office, but City shall have the right to make copies of the documents at City's sole cost and expense. City shall deliver to KBMF a copy of the results of such audit within thirty (30) days after receipt by City. If such audit conducted by City shows that the total number of direct connection and WiFi Subscribers by address and Subscriber name or the amount of each monthly Subscriber charges billed to each Subscriber has been understated by more than ten percent (L}%),then KBMF shall promptly pay to City the reasonable out-of-pocket cost of such audit.

10.4 Other Take Rate Payments.

10.4.1 Post Loan Take Rate Pavments. On the date that is thirty (30) days after the date the Loan is paid in full by KBMF and in fuither consideration of the City's covenants, the City's performance of its obligations and responsibilities under this Agreement and the use of installation of the System including equipment purchases, KBMF shall commence making monthly payments to City in an amount equal to a Take Rate of 15% - 40o/o of the monthly Net Profit from KBMF's monthly charges to direct connection Subscribers and WiFi Subscribers (collectively "Monthly Take Rate Payments"). At least 180 days prior to the date of final payment of the Loan, the Parties agree to negotiate in good faith to determine the appropriate City take rate percentage to be paid to the City. If the parties fail to agree on a post Loan Take Rate, KBMF will continue to pay a Take Rate of 27.5%oto the City until a post Loan Take Rate percentage is agreed to in writing by the City and KBMF. The Monthly Take Rate payments will continue until the last day of the Term of this Agreement. The last Monthly Take Rate payment shall be prorated as appropriate. Included with every Take Rate Payment, KBMF will provide the City with a detailed report identifring the total number of Subscriber direct and WiFi connections by address and the 25 amount of each monthly Subscriber charges billed to each Subscriber. At any time during the Term of this Agreement the Parties may agree, in writing, to amend the Monthly Take Rate Payment based upon City bandwidth and IT service needs such as intemet service, telephone service, public wi-fi service and public safety camerasystem services and other matters as agreed to by the Parties.

Additionally, the City shall have the right to pay any Subscriber charges due by the City to KBMF by applying all or a portion of the Monthly Take Rate Payment due the City to the Subscriber charges due by the City to KBMF.

10.5 Loan Pavment Securitv. On the Effective Date, KBMF shall deliver to City a, security agreement and related documents in form and substance acceptable to the City which will grant to the City a security interest in all of KBMF's Subscriber accounts receivables and other assets of KBMF (collectively "Loan Payment Security") securing KBMF's payment of all principal and interest due under the Loan. The Loan Payment Security shall remain in effect until the Loan is paid in full.

10.6 City Share. The City agrees to share in the costs and expenses of the construction and installation of the System in an amount not to exceed One Million Dollars ($1,000,000.00) ("City Share"). The City Share shall be disbursed to KBMF only after the total amount of the principal amount of the Loan is disbursed to KBMF. The City Share shall be disbursed in accordance with the provisions of Section 10.2 above. The City's Share shall be used by KBMF solely for payment of the costs and expenses of construction and installation of the System including equipment purchases and the payment of permit and Government Requirement fees.

KBMF is not required to reimburse to the City the disbursed portion of the City Share unless KBMF is in breach or default under this Agreement in which case KBMF shall be obligated to reimburse to the City, upon the City's written demand, the full amount of the City Share disbursed to KBMF. The City's money damages as identified in Section 8.1.2 of this Agreement shall include the amount of the City Share disbursed to KBMF.

SECTION 11
1 1 .1 Assisnment. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective successors and assigns as provided in this Section 10.1. The City shall not be permitted to assign, sell or transfer this Agreement, or its rights and duties under this Agreement, without the prior written consent of KBMF, which consent shall not be unreasonably withheld, conditioned, or delayed. KBMF shall not be permitted to assign, sell, encumber, or transfer this Agreement or its rights and duties under this Agreement without the prior written consent of the City, which consent may be withheld in the sole discretion of the City. The City is relying upon the knowledge, experience and expertise of KBMF for the construction and installation of the System. Also, City is providing the Loan to KBMF to assist KBMF with payment of its costs and expenses related to the construction and installation of 26 the System. Therefore, the City has the right to withhold its consent to assignment in its sole discretion. City's consent to KBMF's assignment of its rights and duties under this Agreement.

KBMF shall not relieve KBMF of its performance, of its duties, liabilities, obligations and responsibilities under this Agreement.
lI.2 Acquisition of Bandwidth. Within ten (10) days after the average daily System bandwidth use reaches eighty percent (80%) of total available bandwidth during peak usage (7- day average) , KBMF shall, at its sole cost and expense, purchase additional bandwidth from CVIN to reduce average daily bandwidth below 80% of peak usage. 1 1.3 Cybersecuritv For the FON. KBMF shall provide all necessary cybersecurity functions and protections so that all City networks are secured to prohibit outside access and be in compliance with all Federal and industry cybersecurity standards. Business and residential Subscribers shall be responsible for providing their own cybersecurity functions and protections.

However, KBMF shall maintain basic ISP cybersecurity for all Subscribers in accordance with all Federal and industry cybersecurity standards.
ll.4 Force Maieure. Neither the City nor KBMF will be held in default under, or in breach or noncompliance with, the provisions of this Agreement, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of this Agreement), where such noncompliance or alleged defaults occurred or were caused by any ofthe following events (each a "Force Majeure Event"): labor strike, riot, war, earthquake, flood, huricane, drought, tornado, unusually severe weather conditions, or other act of nature, labor disputes, failure of utility service necessary to construct the System, governmental, administrative or judicial order declared pandemics or epidemics, or other event that is beyond the effected Party's reasonable control. Force Majeure Events also include work delays caused by waiting for utility providers to service or monitor their own utility infrastructure on which KBMF fiber optic cable andlor equipment may be deployed, as well as unavailability of materials anilor reasonably qualified labor to perform the work. The provisions of this Section 11.4 shall not relieve KBMF of its obligations under the Loan, including, without limitation the timely payment of all principal and interest under the Loan.

11.3 Notice. All notices and communications hereunder shall be in writing and shall be served upon the other party by hand delivery, nationally recognized overnight delivery service, confirmed transmission and addressed as follows:

IF TO THE CITY:

City of Kingsburg
1401 Draper Street
Kingsburg, CA9363I
Attn: City Manager
Facsimile: (559) 897-5568
Email : ahenderson@cityofkingsburg-ca. gov

IF TO KINGSBURG MEDIA FOTINDATION
27 Kingsburg Media Foundation
Facsimile
Email:
or to such other address as such Party may hereafter specifu for the pu{pose by notice to the other Party in the manner provided in this Section 10.3. All such notices, requests and other communications will be deemed received on the date of receipt if received prior to 5 p.m. on any business day in the place of receipt. Otherwise, any such notice, request or communication will be deemed not to have been received until the next succeeding business day in the place of receipt.

Rejection or other refusal to accept or inability to deliver because of change of address of which no notice was given shall be deemed to be receipt of the notice. ll.4 Entire Asreement. This Agreement, including all Exhibits, embodies the entire understanding and agreement of the City and KBMF with respect to the subject matter hereof. This Agreement supersedes all other agreements whether written, verbal, or otherwise between KBMF and the City with respect to the subject of this Agreement.

I 1.5 Severabilitv. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement (which other terms and provisions shall remain in full force and effect) or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modi$r this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

11.6 Governins Law. This Agreement shall be deemed to be executed in the State of California and shall be govemed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of California as applicable to contracts entered into and performed entirely within the State, irrespective of conflict of laws principles. whole or in part, except by an instrument, in writing, duly executed by the City and KBMF. For the avoidance of doubt, this Agreement cannot be amended or modified orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to amend or modiff this Agreement in whole or in part.

11.8 No Third Partv Beneficiaries. Nothing in this Agreement is intended to confer third party beneficiary status on any party or Person not a party to this Agreement including a member of the public.
28 1 1.9 No Waiver of Rishts. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural that KBMF or the City may have under federal or state law unless such waiver is expressly stated in writing and signed by the Party making such waiver.

11.10 Ownership of the Svstem. The City expressly agrees that, except as expressly set forth in this Agreement, it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the System, throughout the term of this Agreement. Except as provided in Section 8.1.2 (iii) and Section S.1.2 (iv) above, SiFi Networks Kingsburg shall, at all times, retain title to and ownership of the System and all future extensions of the System, and shall have the right to lease the System or parts thereof to a provider of intemet, data, voice, video and other services. Upon completion of installation of the System, CVIN shall own conduit, fiber optic cable, core fiber equipment and Cross-Connect equipment.

11.11 Renresentations and Warranties.

11.11.1 The City represents and warrants to KBMF that: (a) it has full authority (including the authority required by any applicable law, ordinance, rule or regulation) to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplatedhereby and thereby are within the right, power and authority of the City and have been duly authorized by all necessary action on the part of City, (b) this Agreement has been duly executed and delivered by the City and it constitutes a legal, valid and binding agreement of the City enforceable against the City in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency,reorgantzation, moratorium or similar laws affecting creditors'rights generally and by general principles of equity) and (c) the execution and delivery of this Agreement by the City and its performance hereunder and thereunder will not violate any law, ordinance, rule, or regulation applicable to the City.
ll.ll.2 KBMF represents and warrants to the City that: (a) it has full authority to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the right, power and authority of KBMF and have been duly authorized by all necessary action on the part of KBMF, (b) this Agreement has been duly executed and delivered by KBMF and it constitutes a legal, valid and binding agreement of KBMF enforceable against KBMF a in insolvency,reorganization, moratorium or similar laws affecting creditors' rights generally and by general principles of equity) and (c) the execution and delivery of this Agreement by KBMF and its performance hereunder and thereunder will not violate any law, ordinance, rule, or regulation applicable to KBMF.
ll.l2 Third Parties. Nothing contained in this Agreement shall create a contractual relationship with a third party.

11.13 No Partnership. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the City and KBMF or any other relationship other than a contractual relationship as expressly set forth in this Agreement. Neither 29 Party shall in any manner act or indicate to any third party that is acting as the agent of the other Party. KBMF shall at all times remain an independent contractor. Neither Party shall control or direct the dayto-day affairs of the other Party, or their mode or method of performing their respective obligations hereunder.
ll.I4 Headinss. The headings and captions of this Agreement are solely for the convenience of the Parties and shall not be deemed to modi$ or vary any of the substantive terms thereof. '
1 1 .15 Construction. Each of the Parties acknowledge that each Party to this Agreement has been represented by legal counsel in connection with this Agreement. Legal or equitable principles that might require the construction of this Agreement or any provision hereof against the party drafting this Agreement shall not apply in any construction or interpretation of this Agreement and is expressly waived. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parlies and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The words "hereof, "herein" and "hereunder" and words of like import used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement. References to Articles, Sections, and clauses are to Articles, Sections and clauses of this Agreement unless otherwise specified. Any singular term in this Agreement will be deemed to include the plural, and any plural term the singular. Whenever the words "include", "includes" or "including" are used in this Agreement, they will be deemed to be followed by the words "without limitation", whether or not they are in fact followed by those words or words of like import. "Writing", "written" and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any agreement or contract are to that agreement or contract as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof.

References to any Person include the successors and permitted assigns of that Person. References from or through arty date mean, unless otherwise specified, from and including or through and including, respectively.

I 1.16 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed an original, with the same effect as if the signatures were upon the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (including PDF) shall be deemed to have the same legal effect as delivery ll.I7 Further Assurances. Each Party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other Party to effectuate the purposes and intention of this Agreement.

I I .l 8 No Waiver. No provision of this Agreement may be waived unless such waiver is in writing and signed by the Party against whom the waiver is to be effective. No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereofpreclude any other or further exercise thereofor the exercise of any right, power or privilege hereunder. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 30 1 1.19 Exhibits. The following listed Exhibits are attached hereto and incorporated herein.

Exhibit "A" Map of Fiber Optic Network to be Installed
Exhibit "B" Slot Cut Micro Trenching Specifications
(Signatures on Following Page)
IN WITNESS WHEREOF, the Parties have caused this Development Agreement to be executed as of the Effective Date.

CITY OF'KINGSBURG
a pal Charter City
Approved as to form:

J.N
City Attorney
Kingsburg Media Foundation,
a non public benefit corporation
ke,
President
F:\WORD\1 1\1 1 141 .277\Fiber Optic Development Agreement Draft City Revisions 2022-08-03 docx Dated: hvavst 11 ,ZOZZ
u
Dated: M,*t Z7 ----v- ,2022
3l
EXHIBIT "A"
Map of System to be Installed
32 EXHIBIT "8"
Slot Cut Micro Trenching Specifications
JJ

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Alexander J. Henderson, City Manager; ICMA-CM REVIEWED BY: MN AGENDA ITEM: Fiber Optic Development and Operating Agreement ACTION REQUESTED: ___Ordinance ___Resolution ___Motion ____Receive/File

EXECUTIVE SUMMARY
During the height of the pandemic, the city received several inquiries/complaints about existing internet options.

The challenge of available existing options (through private providers) became evident as residents struggled with bandwidth speeds due to high usage. Much of those same challenges remain as more individuals work from home, attend school online, and utilize teleconferencing technology for doctor visits and more. The increase in network traffic, overall devices, and expansion of the internet of everything (IoE), are all driving forces that make a functional, reliable high performance network not only a desire, but a priority.

During the council’s workshops regarding the use of use of American Rescue Plan Act Funds (ARPA) funding, council provided direction to staff to solicit public feedback on use of ARPA funds through an online survey. The survey identified potential projects to utilize the funding for, and asked residents to rank them based upon priority.

The installation of fiber broadband was ranked as the highest priority, followed by additional community planning efforts. Respondents also listed other priorities that necessitate a more reliable internet option, such as increasing our public safety camera network. As such, council directed staff to explore opportunities to improve upon Kingsburg’s broadband infrastructure. Subsequently, we have engaged both the non-profit and private sectors for options to complete a buildout that will allow all city residents and businesses the opportunity to connect to a new fiber optic internet option.

As part of the FY2023 budget and capital improvement project discussions, council approved the use of an interfund loan and ARPA funds to help pay for the construction of the new project, should an appropriate arrangement materialize. Over the last several months, staff has been working closely with Kingsburg Media Foundation (KBMF) and CVIN/Vast Networks (fiber provider) to finalize an agreement that establishes responsibilities for construction, maintenance, customer service, and identifies the economic financing structure which includes a loan by the City to KBMF to assist in the payment of KBMF’s share of the costs of installation of system and the terms of repayment of the loan to the city. Based upon the business structure of KBMF, the repayment of the loan by KBMF will only be secured by KBMF’s Subscriber accounts receivables. CVIN/Vast Networks may also be involved in financing a portion of the costs of installation of the system (not included in the loan).

Also, CVIN/Vast Networks and the City will enter into a formal agreement to further document the provisions of the CVIN/Vast Networks side letter attached to this staff report.

A summary of the project includes:

The build-out of approximately 17 (new) miles of conduit and fiber optic infrastructure that will provide coverage for all Kingsburg neighborhoods. Once installed, strategically placed access points will allow for high-speed internet access to all homes and businesses via either a Wi-Fi backhaul or direct fiber connection (direct Meeting Date: 08/17/2022
Agenda Item: 6.2

connection based upon location of subscriber). The 17-mile buildout will connect municipal buildings/facilities, park locations, and provide strategic access for current and future expansion of the system (both in and outside of city limits). The installation of this vital resource will impact our entire population, makes us more competitive for economic development and job creation, provides reliability for ongoing public safety efforts, and provides a local internet service provider to handle home installations, billing, and customer service. With just five franchisees delivering internet services to 97% of Californians, our options are limited. In Kingsburg, the accessibility to internet quality is often dependent upon where you live, as not all providers have their infrastructure equally distributed in the community.

Vast Networks will own and maintain the fiber, as well as provide the dedicated bandwidth. The bandwidth will be leased to Kingsburg Media Foundation, who will be the local internet service provider (ISP). Vast Networks will maintain the fiber optic cable including but not limited to servicing, repair and upgrading fiber as needed in partnership with KBMF. This partnership will allow us to give our residents and businesses another ISP option, including adding a low cost/reduced fee option for eligible households. That means more social equity, which also will make our community a leader in providing this fundamental service.

If the agreement is approved, Vast will begin working on their final design so that they can submit the necessary applications for city review and approvals. The fiber would be installed in the city right-of-way. Construction methods will include directional boring, open trench, and micro-trenching technology – all will be reviewed and approved by city staff. CVIN/Vast has the ability to complete the installation of ~10,000 ft. per week, and this project is estimated at approximately 90,500 feet. The completion of the work, however, will depend upon various factors, including design, permitting, weather, underground utility conflicts, city events, and the potential impact of road closures, etc. on regular travel and school activities. As such, city staff will work closely with the contractor to schedule segments of work to minimize resident and business impacts.

Once the network is installed, residents and businesses would request to be connected, working directly with Kingsburg Media Foundation. The city will assist in the marketing of the public-private project, and work collaboratively with KBMF on residential and business connections. The right of way development agreement does not prevent other providers from building their own networks or expanding fiber networks they already have in place. It also does not require any Kingsburg resident or business to change their existing internet service provider but would provide them with more choice and allow them to do so if they wish. Because the majority of connections will be through Wi-Fi, in-home installation is relatively easy and does not require construction outside of the city’s right of way. For future developments, the city is working to establish an improvement standard that would have developers install conduit during construction, similar to how existing underground utilities are treated.

Non-City Loan Option
For purposes of due diligence, the parties have also engaged in conversations regarding the potential of building the infrastructure without city financing (loan). In this case, CVIN/Vast Networks would finance the construction and KBMF would be responsible for repayment of the financing. From the city’s perspective, this option has both benefits and drawbacks.

Benefits
• The significant benefit is the elimination of the $2.2M loan to KBMF. The city reduces their overall risk of non-payment, which could occur in case of default or poor subscriber activity. • Keeps the funds available for city-use. It should be noted, however, that these funds have been earmarked for future use. The inter-fund loan proposed here is suggested only because it is a loan, which will be repaid with interest.
• Still provides an additional community option and provides all the benefits of next generation technology for Kingsburg.

Drawbacks

• Loss of participating in revenue sharing. Without the city’s loan, the Subscriber revenue (“Take Rate”) sharing structure would be removed. This would include the payment of the 4% loan interest ($374,374.94), as well as future Take Rate revenue sharing after loan repayment. • Higher costs for services utilized by the city. The structure of the Take-Rate and partnership model offered “credit swaps.” In addition, additional infrastructure buildouts (public safety cameras, additional facility needs, etc.) will increase the bandwidth requirements for city operations, which are offset by the future Take-Rate revenue and ongoing relationship with KBMF.
• Timeline of construction. CVIN/Vast Networks Board of Directors would need to approve the financing, which would delay the proposed construction schedule.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff is seeking discussion and direction from council and the public on the proposed structure of the project.

If council wishes to proceed with the partnership (city loan) structure, staff has provided council with the ability to move forward through the following:
a. Approve the proposed development and operating agreement with Kingsburg Media Foundation for the purposes of installing and operating a fiber optic network, subject to execution of the agreement by KBMF, final agreements with CVIN/Vast Networks, final city approvals of the system design, agreements, and necessary permitting, and any other actions determined necessary by the City Manager, City Attorney or the City Engineer.
b. Approve the proposed side letter with CVIN/Vast Networks in case of default and direct the City Manager and City Attorney to negotiate the terms of a formal agreement with CVIN/Vast Networks regarding long-term responsibilities.

POLICY ALTERNATIVE(S)

1. Council could provide additional direction to staff to provide information to be brought back at a future date (TBD).

2. Council could choose to not proceed with the project outright.

REASON FOR RECOMMENDATION/KEY METRIC

1. Ensure Financial Stability

2. Promote Sustainable Development

3. Improve Community Communication

FINANCIAL INFORMATION
Financing
The project is to be funded using a combination of an intra-fund loan (to be repaid), along with use of $1,000,000 in ARPA funds. Details of the structure of repayment are below. • $2,200,000 loan ($1M in ARPA funds not included in loan repayment); 4% interest; 8 year payback; Total payback amount: $2,574,374.94 (total interest payment to city: $374,374.94, regardless of payback timing).

Loan Payoff Details
• KBMF will commence making monthly principal and interest payments under the Loan on the date which is thirty (30) days after the date KBMF sends the first billing invoices to Subscribers of the System and principal and interest payments shall be made on the same day of each and every month thereafter during the Loan Term.

FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 036 & 318 Funds

• Until the total number of Subscribers reaches four hundred (400), principal and interest payments under the Loan shall be equal to fifty percent (50%) of KBMF’s monthly net profit amount received from all Subscribers.
• When the total number of Subscribers reaches four hundred one (401), principal and interest payments under the Loan shall be equal to sixty percent (60%) of KBMF’s monthly net profit for all direct connection and WiFi Subscribers.
• If at least fifty percent (50%) of the principal balance of the Loan has not been paid in full by the sixth (60th) month of the Loan Term, monthly payments of principal and interest under the Loan shall increase to seventy-five percent (75%) of KBMF’s monthly net profit for all direct connection and WiFi Subscribers until all amounts due under the Loan are paid in full.
• KBMF will execute the documents required by the City to identify KBMF Subscriber accounts receivables and other assets of KBMF as security for repayment of the loan.

Post Loan Payments
• On the date that is thirty (30) days after the date the Loan is paid in full by KBMF and in further consideration of the City’s covenants, the City’s performance of its obligations and responsibilities under this Agreement and the use of the City’s share (as defined below) to pay a portion of the costs and expenses of construction and installation of the System including equipment purchases, KBMF shall commence making monthly Take Rate payments to City in an amount equal to 15% - 40% of the monthly Net Profit from KBMF’s monthly charges to direct connection Subscribers and Wi-Fi Subscribers (collectively “Monthly Take Rate Payments”).
• At least 180 days prior to the date of final payment of the Loan, the Parties agree to negotiate in good faith to determine the appropriate City take rate percentage to be paid to the City. If the parties fail to agree on a post Loan take rate, KBMF will continue to pay a 27.5% Take Rate to the City until a post Loan Take Rate percentage is agreed to in writing by the City and KBMF. • At any time during the Term of this Agreement the Parties may agree, in writing, to amend the Monthly Take Rate Payment based upon City bandwidth and IT service needs such as internet service, telephone service, public wi-fi service and public safety camera system services and other matters as agreed to by the Parties.
• Additionally, the City shall have the right to pay any Subscriber charges due by the City to KBMF by applying all or a portion of the Monthly Take Rate Payment due the City to the Subscriber charges due by the City to KBMF.

Example of Take-Rate Payments to City
For illustrative purposes, the city's monthly payment (P) is calculated by taking he total number of subscribers (S), multiplied by the average billing (B), multiplied by the total take rate (TR) percent in effect. (S x B x TR = P). The average billing is based upon the net profit of KBMF.

KBMF’s net profit (“Net Profit”) for direct FON connections shall be equal to the total monthly Subscriber charges billed by KBMF less the VAST Circuit Cost and less five percent (5%) of the total monthly subscription charges by KBMF to cover KBMF’s operations and equipment costs. Net profit for Wi-Fi Connections shall be equal to the gross amount billed to the Subscriber multiplied by the Take Rate in effect at the time of billing. KBMF’s net profit (“Net Profit”) for direct FON connections shall be equal to the total monthly Subscriber charges billed by KBMF less the VAST Circuit Cost and less five percent (5%) of the total monthly subscription charges by KBMF to cover KBMF’s operations and equipment costs. Net profit for WiFi Connections shall be equal to the gross amount billed to the Subscriber multiplied by the Take Rate in effect at the time of billing.

Total
Subscribers
Average Billing to all Subscribers Income Total Take
Rate
Payment to City
150 $ 50.00 $ 7,500.00 50% $ 3,750.00
400 $ 50.00 $ 20,000.00 50% $ 10,000.00
700 $ 50.00 $ 35,000.00 60% $ 21,000.00
1000 $ 75.00 $ 75,000.00 60% $ 45,000.00
1000 $ 75.00 $ 75,000.00 25% $ 18,750.00
i. *Final row shows less take-rate percentage as it is illustrating a payment to the city after the loan has been satisfied. (Actual percentage to be negotiated) ii. Staff estimates 4,000+ customers that could become subscribers. Nationwide, the subscriber percentage for retail municipal systems after one to four years of operation averages 54 percent.

Term of Agreement
• The term of this Agreement shall commence on Commencement Date and run until midnight on the date that is twenty (20) years after the Commencement Date (the "Initial Term"). Following the Initial Term, this Agreement shall automatically renew for two additional terms, each of ten (10) years, commencing on the twentieth (20th) anniversary and the thirtieth (30th) anniversary of the Commencement Date

ATTACHED INFORMATION

1. PowerPoint Presentation

2. DRAFT Development and Operating Agreement with Kingsburg Media Foundation

3. DRAFT Agreement with CVIN (Vast) in case of KBMF default

4. Fiber Optic Infrastructure Map

5. ARPA Survey Results
Fiber Optic Network
Partnership Proposal
Proposed Development
and Operating Agreement
08/17/2022
Fiber Roadmap – How We Got Here
2 • During the height of the pandemic, the city received several inquiries/complaints about existing internet options. Need for higher speeds, more individuals at home on more devices, and cost challenges associated with current offerings.
• During the council’s workshops regarding the use of use of American Rescue Plan Act Funds (ARPA) funding, council provided direction to staff to solicit public feedback on use of ARPA funds through an online survey. The survey identified potential projects to utilize the funding for, and asked residents to rank them based upon priority.
• The installation of fiber broadband was ranked as the highest priority. We also received several comments to use the funds for public safety cameras and other improvements that require investment in network infrastructure. As such, council directed staff to explore opportunities to improve upon Kingsburg’s broadband infrastructure (eligible ARPA use).
• Staff engaged both non-profit and private sectors for options to complete a buildout that will allow all city residents and businesses the opportunity to connect to a new fiber optic internet option. • As part of the FY2023 budget development and capital improvement project designs, council held discussion and ultimately approved the use of an inter-fund loan and ARPA funds (both are non-recurring revenues) to help pay for the construction and implementation of a fiber optic network, should an appropriate arrangement materialize.

Powered by
Q1: Please rank (by preference) the projects you would like to see move forward. (1 Most Preferred - 7 Least Preferred)
0 1
2 3
4 5
6 7
8 9
10 Installation of Fiber Optic
Broadband infrastructure
community-wide (offers a
high-speed reliable internet
option for businesses and
residents)
Community Planning Efforts
(this includes updating our
general plan, strategic plan,
and helps shape future
growth/development
decisions)
Improving downtown
infrastructure (e.g.
pedestrian friendly
improvements, installation
of electric vehicle charging
stations)
Funding for
parks/recreation
improvements (what
improvements would you
like to see, please specify
below)
Grant Programs (support for
eligible non-profits)
Funding for
tourism/placemaking
improvements (parklets,
outdoor dining, etc.)
Other, please specify below
Access to the Internet is perceived as a necessity –
Similar to a utility
Citizens are becoming more dependent on internet access as part of daily life, to:
• Provide security and/or enable smart home systems (Internet of Everything) • Allow them to work/study from home (video conferencing, FTP uploads) • Provide connection to a global world (Dr. visits)
• Enable entertainment (via streaming, video-games, social media, etc.) For business users, Internet connection is vital to business. It becomes so inextricably linked to productivity and commerce that most cannot function for long when service is down. • Many businesses need fiber reliability and speeds to complete their regular operations. This is a major component of business decision making when choosing where to locate.
• When POS systems are down, retail stops
• When Internet systems fail, employees may leave for the day (VoIP = no business phone access)
• When upload speeds are too slow, employees have to stay late or businesses are unable to complete transactions.

Why Fiber?
5 Fiber is a hundred-year
technology upgrade and can
supply the speeds needed
today and also decades from
now.

Broadband prices in the
market look typical of other
markets. Expect private
company rates to rise as
cable companies embrace
becoming monopolies.

Future Technologies - 5G has
infrastructure challenges with
higher subscribers in one
area (cell towers)
Reliability – Fiber maintains
speeds more reliably
regardless of weather, user
traffic, or distance.

Speeds – Fiber is the fastest
choice and offers symmetrical
upload speeds. Important for
video conferencing, file
transfers, etc.

Scalability – fiber loses less
energy over long distances.

Built for expansion.

Potential Structure of Public/Private
Partnership – P3
City of Kingsburg
• Provides initial loan
and grant (ARPA) to
KBMF to finance
construction of FON.
• Benefits from
revenue sharing
throughout the life of
the project.
• Reviews design and
processes permitting
and coordinates
construction with
private entities.

Kingsburg Media Foundation
• Serves as Internet Service Provider
(ISP) – provides customer service, inhome installation, invoicing, etc.

Makes monthly payments on loan to
city.
• Leases bandwidth and monitors
system usage to ensure speeds
remain (min. speeds defined in
agreement)
• Works closely with Vast Networks,
contractors and City to coordinate
build-out of fiber optic system and
location of access points.
• Connects all city facilities (buildings,
water wells, public safety cameras,
etc.) to fiber system.

CVIN/Vast Networks
• Contracts with KBMF
- Installs conduit and
fiber in city ROW.
• Provides and leases
bandwidth to KBMF.
• Owns and maintains
fiber optic
infrastructure.
• Responsible for
repairs/maint. of
fiber.
6 Public/Private
Partnership
City and Internet Service Provider (ISP), build the
network together. The ISP operates the business,
interacting with the customer/subscriber to
complete the in-home installation.

City of Kingsburg/Kingsburg Media Foundation/Vast Networks 7 Benefits of a Local Provider
• Consistent service regardless of location
• Competitive pricing
• Local Customer Service Reps
• Keeping money in community
• Access for all (Subscriber subsidies for eligible households) • Trust (reliability/consistency)
• Provides an additional Option for residents and businesses. Doesn’t require “bundling” of TV/Phone for higher speed plans
• Supports a local non-profit that partners with the City on existing projects (public Wi-Fi, public safety cameras, VoIP, IT solutions) • Vast Networks has infrastructure throughout the Valley – ability to respond quickly to potential repair/maintenance issues.

City of Kingsburg
Provides initial loan and grant (via ARPA) to KBMF to finance construction. • $2,200,000 loan + $1M in ARPA funds (not included in loan repayment) $3,200,000 total • 4% interest; 8-year payback on $2.2M; (no pre-payment penalty) • Total payback amount to city: $2,574,374.94 (regardless of payback timeframe) • Total interest payment to city: $374,374.94 (regardless of payback timeframe) • Based upon the business structure of KBMF, the repayment of the loan by KBMF will only be secured by KBMF’s Subscriber accounts receivables.

P3 Financing – City Loan/Grant
Kingsburg Media Foundation – Proposed Structure of Loan Payback • KBMF will commence making monthly principal and interest payments under the Loan on the date which is thirty (30) days after the date KBMF sends the first billing invoices to Subscribers of the System and principal and interest payments shall be made on the same day of each and every month thereafter during the Loan Term.
• Until the total number of Subscribers reaches four hundred (400), principal and interest payments under the Loan shall be equal to fifty percent (50%) of KBMF’s monthly net profit amount received from all Subscribers.
• When the total number of Subscribers reaches four hundred one (401), principal and interest payments under the Loan shall be equal to sixty percent (60%) of the net profit for all direct connection and Wi-Fi Subscribers.
• If at least fifty percent (50%) of the principal balance of the Loan has not been paid in full by the sixth (60th) month of the Loan Term, monthly payments of principal and interest under the Loan shall increase to seventy-five percent (75%) of the monthly for all direct connection and Wi-Fi Subscribers until all amounts due under the Loan are paid in full. • City can audit KBMF books/records to ensure payments are being correctly applied. 8 P3 Post-Loan Financing
Once the Loan is satisfied, City and KBMF will renegotiate the Take-Rate Percentage due to the City.
• On the date that is thirty (30) days after the date the Loan is paid in full by KBMF and in further consideration of the City’s covenants, the City’s performance of its obligations and responsibilities under this Agreement and the use of the City’s share to pay a portion of the costs and expenses of construction and installation of the System including equipment purchases, KBMF shall commence making monthly Take Rate payments to City in an amount equal to 15% - 40% of the monthly Net Profit from KBMF’s monthly charges to direct connection Subscribers and Wi-Fi Subscribers (collectively “Monthly Take Rate Payments”). • At least 180 days prior to the date of final payment of the Loan, the Parties agree to negotiate in good faith to determine the appropriate City take rate percentage to be paid to the City. If the parties fail to agree on a post Loan take rate, KBMF will continue to pay a 27.5% Take Rate to the City until a post Loan Take Rate percentage is agreed to in writing by the City and KBMF. • At any time during the Term of this Agreement the Parties may agree, in writing, to amend the Monthly Take Rate Payment based upon City bandwidth and IT service needs such as internet service, telephone service, public wi-fi service and public safety camera system services and other matters as agreed to by the Parties.
• Additionally, the City shall have the right to pay any Subscriber charges due by the City to KBMF by applying all or a portion of the Monthly Take Rate Payment due to the City to the Subscriber charges due by the City to KBMF. (Credits for city-related services performed by KBMF.)
9 Example of City Payments
i. *Final row shows less take-rate percentage as it is illustrating a payment to the city after the loan has been satisfied. (Actual percentage to be negotiated) ii. Staff estimates 4,000+ customers that could become subscribers. Nationwide, the subscriber percentage for retail municipal systems after one to four years of operation averages 54 percent.

Total Subscribers Average Billing to all Subscribers Income Total Take Rate Payment to City 150 $ 50.00 $ 7,500.00 50% $ 3,750.00
400 $ 50.00 $ 20,000.00 50% $ 10,000.00
700 $ 50.00 $ 35,000.00 60% $ 21,000.00
1000 $ 75.00 $ 75,000.00 60% $ 45,000.00
1000 $ 75.00 $ 75,000.00 25% $ 18,750.00
For illustrative purposes, the city's monthly payment (P) is calculated by taking he total number of subscribers (S), multiplied by the average billing (B), multiplied by the total take rate (TR) percent in effect. (S x B x TR = P). The average billing is based upon the net profit of KBMF.

KBMF’s net profit (“Net Profit”) for direct FON connections shall be equal to the total monthly Subscriber charges billed by KBMF less the VAST Circuit Cost and less five percent (5%) of the total monthly subscription charges by KBMF to cover KBMF’s operations and equipment costs. Net profit for Wi-Fi Connections shall be equal to the gross amount billed to the Subscriber multiplied by the Take Rate in effect at the time of billing.

For purposes of due diligence, the parties have also engaged in conversations regarding the potential of building the infrastructure without city financing (loan). In this scenario, Vast Networks would finance the construction and KBMF would be responsible for repayment of the financing. From the city’s perspective, this option has both benefits and drawbacks.

Benefits
• The significant benefit is the elimination of the $2.2M loan from the build-out. The city reduces their overall risk of non-repayment, which could occur in case of default or poor subscriber activity.
• Keeps the funds available for city-use. It should be noted, however, that these funds have been earmarked for future use. The inter-fund loan proposed here is suggested only because it is a loan, which will be repaid with interest. • Still provides an additional community option and provides all the benefits of next generation technology for Kingsburg.

Drawbacks
• Loss of participating in revenue sharing. Without the city’s loan, the revenue sharing structure would be removed. This would include the repayment of the 4% interest ($374,374.94), as well as future revenue sharing post-loan. • Higher costs for services utilized by the city. The structure of the take-rate and partnership model offered “credit swaps.” In addition, additional infrastructure buildouts (public safety cameras, additional facility needs, etc.) will increase the bandwidth requirements for city operations, which are offset by the future take-rate revenue and ongoing relationship with KBMF.
• Timeline of construction. Vast Networks Board of Directors would need to approve the financing, which would delay the proposed construction schedule.

Non-P3
Financing
11 Process for Construction
12 Installation of 17 miles of conduit
and fiber through major
thoroughfares and strategic
locations in Kingsburg. Installed
in city right-of-way via directional
boring, open trenching or microtrenching.

Strategically placed access points
allow internet access to all homes
and businesses via Wi-Fi. Direct
fiber connections available
depending upon location.

The 17-mile buildout will connect
municipal buildings/facilities, park
locations, and provide strategic
access for current and future
expansion of the system.

Vast Networks will own and
maintain the fiber, as well as
provide the dedicated bandwidth.

Vast Networks will maintain the
fiber optic cable including but not
limited to servicing, repair and
upgrading fiber as needed in
partnership with KBMF.

The bandwidth will be leased to
Kingsburg Media Foundation, who
will be the local internet service
provider (ISP). Residents and
businesses would request to be
connected, working directly with
Kingsburg Media Foundation.

Timing – depending upon final
design and construction
schedules, work should be
completed in early 2023, with
subscriber connections made
shortly thereafter.

Proposed Layout
14 Benefit/Need to Residents/Businesses
• Additional Option for Service
• Competitive pricing
• Provides reliability and speed that may not
exist with existing private offerings
• Customer Service (local company)
• WFH Needs – download and upload speeds
• Multiple devices; need for more bandwidth
• Access to Telemedicine
• Improved Public Safety (Public Safety
Cameras, Body Worn Cameras, Dash Cams)
Benefits/Need to City
• Necessary backbone for facilities/public safety
• Higher bandwidth for less cost for city facilities; organizational needs are growing.
• Customer Service (local company)
• Recruit new businesses/companies to the area (remain competitive in the market)
• Keeping money in community
• Supports/Partners with a local non-profit that works with the City on existing projects (public Wi-Fi, public safety cameras, VoIP, IT solutions)
• Potential for future partnerships with schools (lower costs to taxpayers)
Thank you
Questions/Input from Council and Public
Total Project Footage – 90,447 feet, 17.13 miles
ARPA Funds Survey - We want your feedback! SurveyMonkey 1 / 1
Q1 Please rank (by preference) the projects you would like to see move forward. (1 Most Preferred - 7 Least Preferred)
Answered: 120 Skipped: 1

31.03%
36 14.66%
17 19.83%
23 12.07%
14 11.21%
13 6.03%
7 5.17%
6 116 5.03

12.28%
14 31.58%
36 13.16%
15 14.91%
17 13.16%
15 10.53%
12 4.39%
5 114 4.66

8.62%
10 14.66%
17 21.55%
25 30.17%
35 14.66%
17 6.03%
7 4.31%
5 116 4.37

17.54%
20 16.67%
19 5.26%
6 18.42%
21 27.19%
31 11.40%
13 3.51%
4 114 4.31

8.93%
10 11.61%
13 29.46%
33 12.50%
14 14.29%
16 15.18%
17 8.04%
9 112 4.11

7.76%
9 6.03%
7 8.62%
10 11.21%
13 11.21%
13 44.83%
52 10.34%
12 116 3.12

16.38%
19 6.03%
7 2.59%
3 0.86%
1 8.62%
10 5.17%
6 60.34%
70 116 2.64
0 1
2 3
4 5
6 7
8 9
10 Installat
ion of
Fiber
Optic...

Community
Planning
Efforts
(this...

Improving
downtown
infrastru
cture...

Funding
for
parks/rec
reatio...

Grant
Programs
(support
for...

Funding
for
tourism/p
lacema...

Other,
please
specify
below
1 2 3 4 5 6 7 TOTAL SCORE
Installation of Fiber Optic
Broadband infrastructure
community-wide (offers a highspeed reliable internet option for businesses and residents)
Community Planning Efforts (this
includes updating our general plan,
strategic plan, and helps shape
future growth/development
decisions)
Improving downtown infrastructure
(e.g. pedestrian friendly
improvements, installation of
electric vehicle charging stations)
Funding for parks/recreation
improvements (what improvements
would you like to see, please
specify below)
Grant Programs (support for eligible
non-profits)
Funding for tourism/placemaking
improvements (parklets, outdoor
dining, etc.)
Other, please specify below

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AP AGENDA ITEM: Kingsburg Tri-County Health Care District Grant Cycle 2023 ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File

EXECUTIVE SUMMARY
The Kingsburg Tri-County Health Care District (KTCHCD or District) provides grants to various public and private organizations that provide health related services to the Kingsburg community and surrounding area. Grants are awarded for any purpose allowed by state law, including to provide assistance in the operation of free clinics, health education programs, wellness and prevention programs, rehabilitation, and any other health care groups and organizations, which are necessary for the maintenance of good physical and mental health in the Kingsburg community and surrounding area.

Each year in January the Board approves a list of needed health services and programs which grant applicants can focus upon in applying for grant funding. This year, preference will be given to projects that address the following:
mental and physical health care, nutrition, exercise, and diabetes. May 1 is the deadline to submit grant applications and June 1 is when grant awards will be announced unless the Board acts to set a different schedule or to extend the time within which to act on applications.

The City of Kingsburg has partnered with the District on multiple projects over the last several years for the purchase of public safety equipment and public recreation improvements. A few examples include; Kingsburg Community Services 2022 Senior Center Kitchen Renovation $220,728.00 Kingsburg Fire Department 2022 Paramedic Ambulance Personnel $366,654.00 Kingsburg Fire Department 2022 Paramedic Ambulance Wage Adjustment $7,333.00 Kingsburg Fire Department 2022 Lucas/CPR Devices & Annual Contract $80,106.00 Kingsburg Fire Department 2021 Paramedic Ambulance Personnel $377,400.00 Kingsburg Fire Department 2020 New Ambulance $359,000.00 Kingsburg Fire Department 2020 Public Access AED/CPR Program $103,550.00 Kingsburg Fire Department 2020 Ambulance Equipment Program $202,051.00 Kingsburg Community Services 2019 Crandell Swim Complex Project $434,937.00 Kingsburg Community Services 2019 Athwal Park Improvements Phase I $600,000.00 Kingsburg Fire Department 2018 Autoload Cots and ECG Monitors $126,505.00 Kingsburg Police Department 2018 Patrol Vehicle and Officer First Aid Kits $6,007.70 Kingsburg Fire Department 2017 New Ambulance $250,000.00 Tonight, staff is informing the City Council of the upcoming grant cycle and seeking input on potential project proposals for the 2023 grant cycle. Staff will begin working together to develop possible project ideas and present those ideas to council in the next coming weeks.

Staff will also be working closely with our grant firm, Townsend Public Affairs, to have them assist in writing the grant. Given this is a local grant, and is the first time TPA has been involved, we anticipate some additional staff interaction to ensure that TPA staff are aware of the nuances of this grant program.

Meeting Date: 01/18/2023
Agenda Item: 6.4

This item will be considered again at the February 15, 2023 regular council meeting for formal action. At that meeting, staff will provide recommendations on grant proposals, as well as take input from Council on any preferences they may have.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff is seeking input from the council on possible applications for the upcoming grant cycle.

POLICY ALTERNATIVE(S)

1. The council could provide direction with regards to submitting for the grant.

STRATEGIC INITIATIVE

1. Provide Recreation Opportunities for All Ages.

2. Improve Public Safety

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
During the first quarter of every year, a presentation is given to the City Council as an introduction to the KTCHCD grant cycle and staff’s desire to submit grant requests for that year.

ATTACHED INFORMATION

1. KTCHCD Grant Policies and Procedures
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A
KINGSBURG TRI.COUNTY HEALTH CARE DISTRICT

GRANT POLICY, PROCEDURES, GUTDELINES AND FORMS

1. Scope and Aonlication
These materials constitute the Kingsburg Tri-County Health Care District's ("District'o or "KTHCD") grant policy, procedures, guidelines and mandated fbrms (the "Policy") for grant applications and grant awards, except in awards involving less than an aggregate of $10,000 if the District's governing Board of Directors ("Board") expressly finds, based upon substantial evidence, good cause to waive to any degree the requirements and/or procedures found herein without substantially compromising the objectives and goals of this Policy. The Board shall not regularly waive the requirements and procedures of this Policy, particularly where full compliance is reasonably achievable in the absence of extraordinary circumstances. This Policy is intended to apply prospectively only to all new grant awards and shall not apply to grant awards which were previously approved by the Board, even if any such prior grants award has not been fully disbursed.

Grant awards shall be for any purpose allowed by state law, including to provide assistance in the operation of free clinics, diagnostic and testing centers, health education programs, wellness and prevention programs, rehabilitation, aftercare and any other health care services provider, groups and organizations, which are necessary for the maintenance of good physical and mental health in the communities served by the District. This also includes providing assistance in the operation of, one or more health facilities or health services, including, but not limited to: outpatient programso services, and facilities; retirement programs, services and facilities; chemical dependency programs, services and facilities; or other health care programs, services and facilities and activities at any location within or outside of the District, for the benefit of the District and the people served by the District. For purposes of this Policy, "health services and programs" refers to these and all other services and programs which can lawfully be funded by the District.

The amount of each grant awarded will, in part, be based upon the amount of funds available to the District for such purposes at the time of the grant award. The District shall not disburse any grant funds without a written grant agreement having been duly approved and signed by both the grantee and the District. The District may at any time withdraw any grant award without cause before a written grant agreement is signed by the grantee and the District.

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Page I of32

2. Policv Review and Approval
This Policy, adopted by Board of Directors resolution, will be reviewed biennially by the Board of Directors or designated committee to ensure it remains current and complies with all applicable laws. It is the intention of the Board that any modifications to this Policy will be reviewed and approved by the Board, unless otherwise directed by the Board in writing. Any and all modifications to this Policy must be adopted by Board resolution.

3. Obiectives and Goals
This Policy is intended to comply with section 32139 of the California Health and Safety Code and to accomplish each of the following objectives:

A. Improve access to health services and programs, enhance the health of the community and improve health knowledge and education of residents of the District at little, no or reduced cost to them.

B. Attracting highly qualified grant applicants.

C. Ensuring a suftcient nexus between the allocation of $ant funding and the health care mission of the District, which is to foster quality health services and programs which benefit the residents of the District.

D. Implementation of a sufficient process to ensure awarded grant funding is spent consistently with the grant application and the health care mission of the District.

E. Build sufficient capacity in local organizations which are effective in responding to the health needs within the District.

F. Ensure compliance with all applicable federal and state laws

4. Overview of Grant Anplication and Award Process
Unless another deadline is set by action of the Board, each year in January the Board shall approve a list of needed health services and programs which grant applicants can focus upon in applying for grant funding. Additionally, or alternatively, the Board may at any time solicit proposals for any specific health Approved by Board of Directors l2llll20l9
Page? of 32
services and programs by issuing a Request For Proposals with additional and/or different requirements than those specified within this Policy. In approving a list of needed health services and programs, lhe Board shall consider all oral and written input received from the District's residents prior to and during the meeting at which the list is approved, including any District survey results, if any, advisory committee recommendations and publicly available information and statistics.

Each year, or May I or, if that date occurs on a weekend or legal holiday, the first business day thereafter, shall be the deadline for the District to actually receive grant applications for the health services and programs identified by the Board, if any, or other health services and programs which the applicant desires to have funded. This shall also be the deadline for the District to receive all proposals in response to any Request For hoposals issued and posted at least thirty (30) days prior to the deadline, if no deadline is specified. Responses to each Request For Proposals must also be accompanied by, or be submitted in the form of, a formal grant application, unless otherwise indicated within the Request For Proposals. For any Request For Proposals issued less than thirty (30) days before the grant application deadline, if no deadline is specified, then the deadline tor the District's actual receipt of an applicant's proposal and grant application shall be the later of the deadline subsequently set by the District (if any) or thirty (30) days after issuance or, if that deadline date occurs on a weekend or legal holiday, the first business day thereafter. Applications received afler the deadline shall be discarded or returned unless the Board in its sole and absolute discretion waives the untimeliness.

The Board shall act on grant applications within June of each year, unless the Board takes action to set a different schedule or to extend the time within which to act on applications. The Board may at any time, for all or any particular grant application(s), require or waive an oral and/or in-person presentation to the Board by the grant applicant, as a prerequisite to acting upon their grant application.

Pursuant to Health and Safety Code $ 32139(cX5), all applicants are prohibited from meeting individually with a District Board member, officer or staff member regarding their future or pending grant application, other than to inquire about the District's grant program and grant process in general and related deadlines. That restriction shall not apply to any District staff member designated by the Board to provide technical assistance on the grant application process. Each grant awarded shall be for one or more fiscal years, which shall coincide with the District's fiscal year which begins each July l.

Notification of grant awards shall be made by both U.S. mail and either email or facsimile. Notification by email or facsimile shall be deemed received by the grantee on the first business day atler successful transmission. No later than ten Approved by Board of Directors l2llll2019

(10) business days after receipt of written notification of an award of grant funds, the grantee must agree to the terms of, and duly sign, the District's grant agreement in the form attached to this Policy as APPENDIX B. If the grantee does not timely agree to the terms of the grant agreement within APPENDIX B, the grantee shall be deemed to have waived their grant award, the District shall not be authorized to distribute any grant funds to that grantee and may reconsider any other grant application for a grant award. Any written request by a grantee to renegotiate any of the terms of APPBNDIX B shall be deemed an immediate voluntary waiver of the grantee's grant award, unless the District's Board expressly grants relief from such waiver.

The Board is the final authority in determining the amount of funding to be provided and therefore the amount of grant funding awarded may be more or less than that requested in any application.

5. Selection Criteria and Process
The Board is the final authority in accepting the eligibility of applicants for grant assistance. Grant applications will be reviewed by the Board or its designee, which may include a Board committee and/or consultant, who shall initially consider: the amount of funding as it relates to the scope of the health service or program proposed; the most cost-effective use of District resources; and the probable impact of the proposed health service or program. This initial review shall be undertaken for the purpose of making recommendations to the Board who shall make a final decision in its sole and absolute discretion based upon these and other relevant criteria. The additional criteria which must be considered both in formulating initial recommendations to the Board and by the Board in making a f,rnal decision shall include but is not limited to:

A. Competence and Commitment: Whether the applicant has demonstrated a record of sufficient competence and capacity to address identified health needs, including a strong commitment of service to the residents of the District.

B. Scope of Service or Program: The anticipated number of individuals to be served and volume of services to be provided, including the degree to which the health service or program will focus on underserved populations, address health disparities and achieve particular types of health needs identified by the District during the present grant cycle, if any.

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C. Measurability of Results: Whether the service or program includes elements which document metrics and other information which can be utilized to evaluate the service or program, including use of evaluative tools such as surveys, case management forms and registries.

D. Budget: Whether the applicant included detailed and realistic budget based upon known costso including actual quotes from third-party providers of goods, services and facilities.

E. Matching Funds: The amount of matching funds the applicant will commit for the health service or program proposed.

F. Applicant's Financial Need and Other Sources of Funding: Whether the applicant can demonstrate a financial need or hardship and has identified all other sources of funding (e.g. grant and operational) available for the health service or program proposed.

G. Sustainment of Service or Program: Whether the applicant has or can develop reliable sources of future revenues in order to sustain the health service or program proposed on an ongoing basis and with less or no further funding from the Districl. Except in particuliu cases where the Board has otherwise approved a specific resolution to the contrary, the District does not provide long-term, permanent, annual or recurring grant funding for any health service or program. Therefore, grant applicants who have the financial and organizational potential to sustain a project after the District's funding has ended will tend to have a greater chance of being awarded grant funding.

H, Corporate Status: Whether the grant applicant is a governmental entity, non-profit corporation or for-profit organization, and whether the grant applicant can demonstrate the degree to which it meets the needs of underserved individuals and communities. Grant funds shall not be awarded to foreign governments, corporations, individuals and unincorporated or unregistered associations or entities. Entity status must be in good standing with state and local governments. For-profit organizations shall not qualify for grant funding unless they are a sole-source for a particular health service or program which is in significant demand within the District or can clearly demonstrate that they can provide a desired health service or program at a significantly lower cosJ than their non-profit and government competitors. A grant application shall not be denied solely on the ground that the applicant is a government agency.

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L Whether the applicant and/or the proposed health service or program is or will be integrated with a public or private provider network within the District.

J. Nature of Service or Program: Whether the grant will focus on direct health services, preventative care or programs, wellness programs or educational programs.

K. Sponsorships of Charitable Events: Whether the charitable event is anticipated to provide a benefit to the residents of the District, such as raising funding for one or more free or low-cost health services and programs for District residents, wellness activities or health education and training.

L. Grants to Prior Grant Recipients: The number of prior grants awarded to applicant, or a related entity of an applicant, shall be considered by the District but shall not be the sole disqualifying factor when the applicant seeks funding for a health service or program which is materially different from one which was previously funded through the applicant.

M. Whether the grant funding will be used to supplement or provide operating support for the provision of health services and programs, as opposed to use for capital improvement cosls (of another governmental agency).

N. Other factors which may be raised by the public or other Board members prior to the Board reaching a decision on the grant application. Unless the Board meets and takes action to limit the total number of potential grant recipients in any given fiscal year (based upon projected available revenues), the Board may award a grant to multiple grantees, not to exceed the total budgeted allocation of grant funds for that fiscal year.

6. Prohibited Uses of Grant Funds
Grant funds awarded by the District must not be used for any of the following:

A. Capital Improvements: Non-profit and other private grantees shall not use any grant proceeds to fund construction of improvements to real property, including major fixtures. Only governmental entities who received a grant award may use grant funding for capital improvements provided that the facilities are and remain publicly owned and the grantee agrees to record appropriate real property covenants, conditions and restrictions which Approved by Board of Directors l2llll20l9

prohibit the sale or transfer of any interest in that real property to any private person or entity and restricts the use of the real property for purposes other than those identified within the grant application and award, for an appropriate period of time not less than twenty-five (25) years.

B. Matching Funds: Grant funds awarded by the District shall not be used as matching funds for other grants unless all of the funding from the other grant(s) shall be expended entirely within the boundaries of the District.

C. Administrative Costs: To pay for cost of administration of the grant, including any outside audit which might be required, exceeding ten percent (lUVo'l of the total grant award.

D. Supplanting Existing Funds From Any Source: The District prohibits recipients of District grant funds from replacing federal, state, local or their own funds with District grant funds. Existing funds for health services and programs and its activities must not be displaced by District grant funds and reallocated for other organizational expenses. However" supplementing, that is, adding District grant funds to what is available in federal, state, local or grantee funds, is acceptable. The District reserves the right to expressly waive this restriction in its sole and absolute discretion.

E. Lobbying or other direct or indirect expenditure for activities which support, advocate or influence any election.

F. Awards to private or corporate grant-making foundations.

G. Awards to start or increase an endowment fund.

H. To satisfy or otherwise retire a previously incurred debt.

L Purely scientific or non-trial research.

J. Grants for religious activities. This does not preclude organizations tiom applying for grant funding for qualifying non-religious health services and programs.

K. Other activities which the District specifies in a grant award letter or grant agreement.

7. Contents of Grant Applications
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Each applicant for District grant funding must submit an application which includes but is not limited to the District's standard grant application form found in APPENDIX A to this Policy. All sections of the application form must be completed. Any attachments must be referenced or incorporated into the application form.

Each grant application shall be reviewed by the District to determine whether it provides the information and documentation required by this Policy. At a minimum, each grant application must include:

A. Basic Background: A brief description of the applicant's organization including a list of the members of its governing body, officers and an organization chart which shows all atfiliates and the internal management structure of the applicant. An "affiliate" includes: (i) a corporation which directly (or indirectly through one or more intermediaries) controls, is controlled by or is under common control with the applicant (such as a subsidiary, parent or sister corporation); and (ii) each partnership in which the applicant, or any affiliate of the applicant, is a partner. For non-profits, a copy of the organization's formal tax-exemption determination letters from the Internal Revenue Service ("IRS") and the California Franchise Tax Board must be included.

B. Other Atfiliations: A list of all affiliations with for-profit entities, if any. "Affiliation" means an association or working relationship between the applicant and any for-profit entity for the provision of services by, for or on behalf of the applicant. An affiliation under this Policy does not include donations and other voluntary contributions (whether monetary or in-kind) to the applicant, or the provision of routine support services, such as utilities, purchase of routine supplies, banking or financial services by commercial banks or lenders, accounting or legal services, or commercial leases of space or equipment.

C. Collaborator Statements: Letters of commitment from each and all other organizations which intend to collaborate on the proposed health services or program, including their statements of organizational, financial and/or statT commitments.

D. Amount Requested: The amount of grant funding requested.

E. Existing Services/Progranr$: A brief summary of the existing services and programs provided by the applicant.

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F. Proposed ServicelProgram: A description of the service or program proposed by the grant applicant, including its primary goals and objectives.

G. Past and Future Budgets and Financials: The total budgeted operational and capital costs for the health service or program for the three (3) preceding years, audited financial statements for the three (3) preceding year, a projected budget for the year which is in progress and a proposed budget for those portions of the health service or program to be funded with any portion of an award of District grant funding. All operational and capital uses of grant funds must be identified.

H. Annual Audit Report: A copy of the applicant's most three (3) recent independent audit (including management letters) and, for non*profits, the most recent IRS Form 990.

I. Grant Period: Each grant application must have a proposed grant period within which grant funds would be expended, though the actual term of a grant award may vary from that period, including a timetable for the payment and use of grant proceeds which takes into account anticipated changes in the grant program, if any, during the grant period. For example, if the proposed service or program involves minor children who attend public schools which do not have summer sessions, the impact of that change should be anticipated.

J. Prior Debarment or Cancellation: Each grant application must disclose whether the grant applicant has ever excluded from applying for contracts and/or grants from any federal, State or local governmental entity, including: identity of the debarring agency; relevant dates of debarment; and an explanation of why each debarment occurred.

K. Governing Body Resolution: If the applicant is not an individual, a resolution from the applicant's governing body, authorizing the signing of the grant application and the signing of the standard grant agreement (see APPENDIX B), if a grant award is approved by the District, once it is finalized with the details of the grant.

L. Signature: Certification that the applicant has entirely read this Policy and the standard grant agreement attached as APPENDIX B, agrees to the terms and conditions in both and, if awarded a grant, will execute the standard grant agreement once it is finalized with the details of the grant award.

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8. Grant Conditions
Each award of District grant funds is subject to the lbllowing conditions and any failure to satisfy any of them shall entitle the District to both withhold future disbursements of grant funding and the return of all grant funding already disbursed:

A. Non-Discrimination: Each applicant and granfee must not engage in any form of discrimination which inconsistent with its lax-exempt stanrs (if applicable) or with federal, state and local civil rights laws and ordinances.

B. Corporate Status: Maintain in good standing the same tax-exempt, public agency or other corporate status which is noted in the grant application during the entire grant period.

C. Permits, Licensing and/or Registrations: Maintain all required governmental registrations, licenses, permits and approvals for the grantee's organization, staff and health services or program during the grant application process and throughout the entire grant period.

D. Attribution: Each grantee must comply with the District's attribution requirements for grant funds, which is attached to the standard grant agreement attached as APPENDIX B.

E. Operations: Implement the grant tunded health service or program in a manner designed to avoid or reduce duplication of etfort and in the manner described by in the grant application and grant award.

F. Distribution of Grant Fundsl Unless the Board provides otherwise by resolution, the District's plan for distribution of grant funds shall be to include a schedule of payments within each grant agreement.

G. Other Conditions: Based upon the type of grantee, the nature of the health service or program funded or other relevant factors, the District may impose other and/or additional special written conditions upon any grant.

9. Reporting Requirements
Grantees must cooperate in efforts undertaken by District to evaluate grantee effectiveness and use of the grant funds, which in some cases may include a Approved by Board of Directors l2llll20l9
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grantee's participation in and compliance with on-site evaluation and grant monitoring procedures, including interviews of grantee's staff by the District, usually when grant funds are awarded for purposes other than to fund acquisition or upgrading of equipment.

Each grantee must submit to the District interim reports and a final report, including narrative information and full financial accounting of the expenditure of all of the grant funds, according to the report schedule set forth in the grant agreement within APPENDIX B. All grantee reports shall become the property of District.

A certification must be signed by the chief executive officer or chief operations officer of the grantee certifying compliance, during the reporting period, by the grantee with all of the terms of the grant agreement between the grantee and the District.

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APPENDIX A
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Kingsburg Tri- County Health Care District Grant Application Please complete and return documentation and information required under the District Grant Policy, Procedures and Guidelines. ies
using a binder clip.

Provide the following information for the grant applicant, and well as for all partnering and/or subcontracting entities, if any. Use a separate page for each item listed on page 2 to fully describe required information.

Applicant Name
Type of Organization
Legal status of your business [LLP, nonprofit, etc.J
Subject ofReq
Total Amount Requested How many People Will Grant
Is this intended as a one-time or ongoing proiect?
Project timeframe- Lump sum or periodic
How will grant be recognized by reci
Total Years in business
-#
of Employees
-
Federal Tax ID #
Business Licenses, Certifications or Registration #
Individual Accountable for Grant Funds:

Ti
City State--ZipApproved by Board of Directors l2llll20l9

E-Mai Phone Num
By signing below, the undersigned hereby certifies under penalty of perjury that: [1) information contained within this application is true and correct to the best of my personal knowledge, information and reasonable belief; {2] the grant applicant has read and is familiar with all of the District's grant policies, procedures and guidelines; (3) the grant applicant hereby waives each and all claims and right(sJ, if any exist to, in any form, appeal or otherwise legally challenge each and all decisions of the Kingsburg Tri-County Health Care District pertaining to this grant application; and [4) the governing body of the grant applicant has duly authorized me to sign this grant application' Signature DatePrint Name and
The following information is required in relation to the requested granL Please use seoarate pages for each numbered item. titlins and numberins each page as listed below. We require the following: 1 signed copy of the grant application, with items 1-8 (below) completed and attached, plus I additional hardcopies.

1. Proiect Overview: Include purpose of the grant request. Describe in detail how the funds will promote health and wellness and further the grant goal of fostering quality health services and programs which benefit the residents of the District.

2. Proiect Cost ltemized budget with explanation of each itemized cost and the need for such, and supporting documentation, such as actual bids or formal estimates, if any.

3. Partner(slr List all partners (if any), and their financial contributions for this specific project.

4. Funding Sources: List all funding sources for the past 5 years.

5. Community Needr Describe specific needs of the District which your project will meet.

6. Legal Status: Please provide a copy of your W-9, business licenses and certificates, as well as IRS determination letter if you are a nonprofit.

7. Contributionst List previous and ongoing community contributions your organization has made within the past 5 years.

8. Plans: Provide drawings or pictures of the proposed project with footnotes for explanations.

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B.

C.

APPENDIX B

GRANT AGRBEMENT
I.INTRODUCTION
THIS GRANT AGREEMENT ("Agreement"), is entered into between thc KINGSBURG TRI-COUNTY HEALTH CARE DISTRICT, TCfCTTEd tO AS "DISTRICT," and the referred to as
*GRANTEE," with reference to the following:

II.BEISIbE
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code $$ 32000 et seq.; WHEREAS, the GRANTEE is corporation. . .;
WHEREAS, the GRANTEE operates a full-time...;
D. WHEREAS, the DISTRICT and GRANTEE dCSirE IO ANd hCTCbY incorporate the requirements, terrns and conditions of the DISTRICT's grant policy and grant award into this Agreement;
E. WHEREAS, the DISTRICT's Board of Directors has determined that a grant of DISTRICT funds to GRANTEE for ("Program")
is necessary for the continuation of adequate emergency health services within the DISTRICT, and has approved a grant to the GRANTEE in the total amount of U.S. dollars ($-.00 USD) for the Program (the
"Grant" and "Grant Funds"); and
F. WHEREAS, the DISTRICT and the GRANTEE intend to now enter into this Agreement in order to provide the terms under which the DISTRICT will fund the GRANTEE's Program, which would provide health services or programs to the public, including residents of the DISTRICT.

ACCORDINGLY, IT IS AGREED:

III. SPECIFIC TERMS
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1. PURPOSE:

Grant Funds must be used solely for the Program, which is specified within EXHIBIT A. If the grant was awarded for equipment, then the GRANTEE must utilize and maintain said equipment in a reasonable manner and not intentionally abuse or damage it. Unless said equipment is no longer functioning, is beyond reasonable repair or is beyond its useful life expectancy, said equipment may not be gifted or sold for less than fair market value, unless traded-in, to a vendor/dealer of the same or similar equipment, in connection with the receipt of reasonable credited toward the purchase of new or upgraded replacement equipment. If said equipment is sold, transferred or destroyed within five (5) years or less after Grant Funds were expended on it, GRANTEE shall notify DISTRICT of such fact, in writing, within twenty (20) business days.

The Grant Funds received by GRANTEE must be used by GRANTEE strictly in accordance with the terms of this Agreement, including the grant pu{pose, project objectives and budget specified in this Agreement, if any. GRANTEE must maintain books and records which segregate and account for the Grant Funds separately. All expenditures made in furtherance of the purpose(s) of the Grant Funds provided under this Agreement must appear on those books and records.

GRANTEE must keep invoices, receipts, vouchers and other reliable records to substantiate all expenditures of Grant Funds.

No Grant Funds may in any way be used for the purpose of: (i) any other program or purpose by the GRANTEE or any capital improvements or other capital expenditures for the Program or the GRANTEE; (ii) influencing legislative or administrative decisions of any governmental body or for the support of any political campaign; or (iii) any activity or decision which constitutes a violation of any law or regulation applicable to the Program or the GRANTEE.

2. TERM: This Agreement shall become eff'ective as of the date of the final party signature below and shall expire on
as provided in this Agreement.
unless otherwise terminated

3. SCOPE Op GRANT SERVTCES, PROGRAM OR EQUIPMENT
FUND0D: See attached EXHIBIT A

4. PAYMENT OF GRANT FUNDS: Grant Fund payments will be made by the DISTRICT to GRANTEE according to the schedule set forth in attached EXHIBIT B.

5. LIMIT Os. COMMITMENT: Unless otherwise approved by the DISTRICT's Board, this Grant shall be a one-time grant by the DISTRICT, and is non'renewable. Nothing in this Agreement shall preclude GRANTEE from making application to the DISTRICT for any future grant funds which may become available from the DISTRICT. GRANTEE will not be entitled to priority Approved by Board of Directors l2llll20l9

or special consideration by the DISTRICT in connection with future grant applications solely because of the fact that Grant Funds were awarded under this Agreement.

6. RATURN OF' UNEXPENDED GRANT FUNDS: The parties agree that ownership of Grant Funds which are not expended within one hundred eighty days (180) after disbursement by the DISTRICT to the GRANTEE shall automatically revert back to the DISTRICT at that point and, while they remain in the custody of GRANTEE, they are held solely in trust by GRANTEE for the sole benefit of the DISTRICT. The parties further agree that said Grant Funds must be returned within twenty (20) business days atter the expiration of the aforementioned expenditure deadline.

7. REDUCTION/REIMBURSEMENT OF GRANT FUNDS: The parties agree that the DISTRICT may reduce, suspend or terminate to any degree the payment or amount of the Grant Funds provided hereunder if the DISTRICT determines, in its sole and absolute discretion, that GRANTEE did not use, or is not using, the Grant Funds for the purpose(s) awarded hereunder nor satisfying the objectives of the Crant. GRANTEE hereby expressly waives any and all claims against the DISTRICT for damages which may arise from the termination, suspension or reduction of the Grant Funds awarded hereunder by the DISTRICT. GRANTEE further agrees to immediately reimburse all Grant Funds received from DISTRICT if the DISTRICT determines that any such Grant Funds were not utilized by GRANTEE for their intended purpose.

8. OTHER FUNDING SOURCES: If requested by the DISTRICT, the GRANTEE must make information available to DISTRICT, within a reasonable period of time set by DISTRICT, pertaining to other funding sources or collaborators for the GRANTEE Program or services which receive any of the Grant Funds.

9. EVALUATION/OUTCOMES REPORTING :

GRANTEE must cooperate in efforts undertaken by DISTRICT to evaluate GRANTEE's effectiveness and use of the Grant Funds, which in some cases may include GRANTEE's participation in and compliance with on-site evaluation and grant monitoring procedures, including interviews of GRANTEE's staff by the DISTRICT, usually when Grant Funds are awarded for puryoses other than to fund acquisition or upgrading of equipment.

GRANTEE must submit to DISTRICT interim reports and a final report, including narrative information and full financial accounting of the expenditure of all of the Grant Funds, according to the report schedule set forth in this Agreement. All GRANTEE reports shall become the property of DISTRICT. Report forms and Approved by Board of Directors l2llll20l9

guidelines provided by the DISTRICT, if any, must be utilized by GRANTEE, otherwise the GRANTEE's report must, at a minimum, contain the following information (if applicable) :
(i) How the Grant Funds were used, with documentation of the expenditure of Grant Funds.
(ii) Pertinent data regarding:
(A) progress in achieving the objectives of the grant; and (B) attainment of the goals set forth in the timetable for the use of the Grant Funds.
(iii) The status of the Program to which Grant Funds were expended, including:
(A) the financial performance of the Program; and
(B) the availability of public and private funding or other assistance for the long-term viability of the Program; and (C) the intended use of remaining Grant Funds, if any.
(iv) A signed certification from the chief administrator or chief operations officer of the GRANTEE, certifying the accuracy of the report and certifying the GRANTEE's compliance, during the reporting period, with the terms of this Agreement.

Any payments scheduled for release subsequent to the due date of a report shall be held by DISTRICT until the report has been submitted and approved. DISTRICT in its discretion may also require an audit of the program or project which utilized Grant Funds, which may include the review of programmatic as well as financial records. The expense of any such discretionary audit undertaken by DISTRICT will be borne by DISTRICT. Any other audit(s) which may be expressly required under this Agreement, if any, shall be at the expense of the GRANTEE.

10. WRITTEN REPORT SCHEDULE: An interim and final reports must be made by GRANTEE to DISTRICT before the scheduled deadlines below. Failure to submit reports when due may be cause lor immediate termination of this Agreement and thereupon any portion of the Grant Funds, which have been received by the GRANTEE, shall be returned to the DISTRICT upon the DISTRICT's request. Reports must be approved by the governing body of the GRANTEE and must include relevant activity and information, which has not already been reported to the DISTRICT, occurring since the signing of this Approved by Board of Directors l2llll20l9
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Agreement or the last interim report, whichever is later. The deadlines for submitting interim and final reports shall be no later than:

Interim Report(s): Quarterly (Jan. l; Apr. l; Jul. l; and Oct. l), required until the earlier of either the expenditure of all Grant Funds or the expiration of the deadline to expend all
Grant Funds as specified elsewhere within this Article
Final Report: Thirty (30) business days after the earlier of either the expenditure of all Grant Funds or the expiration of the deadline to expend all Grant Funds as specified
elsewhere within this Article.

11. ATTRISUTION: GRANTEE agrees to comply with the DISTRICT's attribution requirements for the Grant Funds, which is attached hereto as EXHIBIT C.

12. GRANT ANNOUNCEMENTS AND PUBLICITY: Any written
announcement or other publicity related to the Grant, which is prepared by GRANTEE, shall be first submitted to the Chair of the DISTRICT's governing Board for review and approval and, if prepared by the DISTRICT, shall be first submitted to the chief administrator or chief operations officer of the GRANTEE for review and approval which shall be deemed to have been issued after five business days if no written response has been provided. Any announcements and publicity must not indicate or otherwise imply in any way that the DISTRICT endorses the GRANTEE or its programs unless expressly approved by the governing body of the DISTRICT.

13. OTHER OBLIGATIONS: In authorizing the execution of this Agreement, the governing body of GRANTEE accepts legal responsibility to ensure that the Grant Funds provided by DISTRICT are allocated solely for the purpose for which the Grant was intended. GRANTEE agrees to become knowledgeable of the requirements of this Agreement and to be responsible for compliance with its terms. The parties agree that in no event shall DISTRICT be legally responsible or liable for GRANTEE's performance or failure to perform under the terms of this Agreement. GRANTEE agrees that DISTRICT may review, audit and/or inspect each GRANTEE Program which receives Grant Funds under this Agreement, for compliance with the terms of this Agreement.

IV. GENARAL TERMS

14. INDEPENDENT CONTRACTOR STATUS:

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(a) This Agreement is entered into by both parties with the express understanding that GRANTEE will perform all activities or services required under this Agreement as an independent contractor. Nothing in this Agreement shall be construed to constitute the GRANTEE or any of its agents, employees or officers as an agent, employee or officer of DISTRICT.
(b) GRANTEE agrees to advise everyone it. assigns or hires to perform any duty under this Agreement that they are not employees of DISTRICT. (c) Notwithstanding this independent contractor relationship, DISTRICT shall have the right to monitor and evaluate the performance of GRANTEE to assure compliance with this Agreement.

15. COMPLIANCE WITH LAW: GRANTEE shall undertake all activity required hereunder in accordance with all applicable federal, state and local laws, regulations and directives including, without limitation, the Health Insurance Portability and Accountability Act ("HIPAA") and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (the "HIPAA regulations").

With respect to GRANTEE's employees, GRANTEE shall comply with all laws and regulations pertaining to wages and hourso state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance and discrimination in employment. GRANTEE confirms to DISTRICT that the GRANTEE has fully complied with all applicable federal, state and local laws, regulations, rules and directives related to DISTRICT'S award of the Grant Funds to GI{ANTEE for use in the Program.

16. GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in the City of Kingsburg, California.

17. RECORDS AND AUDIT: GRANTEE shall maintain complete and accurate records with respect to the activities, services rendered, if any, and the costs incurred under this Agreement. In addition, GRANTEE shall maintain complete and accurate records with respect to each and all payments to employees, contractors and vendors made with any Grant Funds. All such records shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible. Upon request, GRANTEE shall make such records available within the City of Kingsburg, California to DISTRICT's auditor and to the same's agents and representatives, for the purpose of auditing and/or copying such records for a period of no less than five (5) years from the date of final payment under this Agreement. GRANTEE shall comply Approved by Board of Directors l2llll20l9

with all applicable laws and, if GRANTEE is a local public entity, shall comply with the most recent edition of the Local Government Records Management Guidelines of the California Secretary of State as applicable.

18. CONFLICT OF INTEREST:
(a) GRANTEE agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code $$ 1090 et seq., and the Political Reform Act, Government Code $$ 31000 et seq. and regulations promulgated pursuant thereto by the Califomia Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including GRANTEE for this purpose, from making any decision on behalf of DISTRICT in which such officer, employee or consultant/GRANTEE has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/GRANTEE participates in or influences any DISTRICT decision which has the potential to confer any pecuniary benefit on GRANTEE or any business firm in which GRANTEE has an interest, with certain naffow exceptions.
(b) GRANTEE agrees that if any facts come to its attention which raise any questions as to the applicability of conflict-of-interest laws, it will immediately inform the DISTRICT designated representative and provide all intormation needed for resolution of this question.

19. INSURANCE: Prior to approval of this Agreement by DISTRICT, GRANTEE shall file with the Secretary of the DISTRICT evidence of the required insurance as set forth in EXHIBIT D attached.

20. INDEMNIFICATION: GRANTEE shall hold harmless, defend and indemnify DISTRICT, its agents, oflicers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, arising in any way from, or in connection with, the performance by GRANTEE or its agents, officers and employees under this Agreement, GRANTEE's use of any equipment funded in whole or in part under this Agreement and/or fbr GRANTEE's receipt and use of Grant Funds from DISTRICT. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

21. TERMINATION:
(a) Without Cause: DISTRICT will have the right to terminate this Agreement without cause by giving ten (10) business days of prior written notice Approved by Board of Directors l2llll20l9
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of intention to terminate pursuant to this provision, specifying the date of termination.
(b) With Cause: This Agreement may be terminated by DISTRICT should the GRANTEE:
(l) be adjudged a bankrupt, 0r
(2) become insolvent or have a receiver appointed, or
(3) make a general assignment for the benefit of creditors, or (4) suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement, or
(5) materially breach this Agreement, or
(6) material misrepresentation, either by CRANTEE or anyone acting on GRANTEE's behalf, as to any matter related in any way to DISTRICT's decision to provide Grant Funds to GRANTEE, or (7) other misconduct or circumstances which, in the discretion of the DISTRICT, either impairs the ability of GRANTEE to
competently perform the activities and/or services (if any) funded under this Agreemento or expose the DISTRICT to an unreasonable risk of liability, or;
(8) Upon any change of ownership of the GRANTEE which has not been approved by the DISTRICT, provided that such approval shall not be unreasonably withheld so long as the surviving entity agrees to satisfy the obligations of the GRANTEE under this Agreement. A "change of ownership" shall include any merger by the GRANTEE with any other person or entity, any acquisition of all or substantially all of the assets or operations of the GRANTEE or any conversion or other change in the corporate status of the GRANTEE.

Sanctions taken will be possible rejection of future proposals based on specific causes of non-perfornance.
(c) Effects of Termination: Expiration or fermination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject Approved by Board of Directors l2llll20l9
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to offset, or to make any reports of pre-termination contract activities. Where GRANTEE's funding hereunder has been terminated by the DISTRICT, said termination will not affect any rights of the DISTRICT to recover damages against thc GRANTEE.
(d) Suspension of Performance: Independent of any right to terminate this Agreement, the DISTRICT may immediately suspend performance by GRANTEE, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by GRANTEE to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

22. SUBJECT TO FUNDING: If funding for this Agreement is derived from any state or federal grant or funds, or property tax fevenues, the DISTRICT reserves the right to reduce the level of funding hereunder to match reduced levels of state, tederal or pfopefly funding to DISTRICT, or at the DISTRICT's option, DISTRICT may terminate this Agreement, should the funding source no longer be available or the amount be reduced.

23. NOTICES:
(a) Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

DISTRICT: With A Copy To:

Board Chairman

KINGSBURG TRI-COUNTY HEALTH

CARE DISTRICT
1425Manan Street
Kingsburg, California 9363 I
559-897-5841
559-897-8645 fax
Michael L. Farley, District Counsel

FARLEY LAW FIRM
108 West Center Avenue
Visalia, California 9329 I
559-738-5975
559-732-2305 fax
GRANTEE: With a Copy To:
(b) Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission.

Notice sent by first class mail shall be deemed received on the fifth day after the Approved by Board of Directors l2llll20l9
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date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

24. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, DISTRICT is relying on the personal skill, expertise, training and eiperience of GRANTEE and GRANTEE's employees and no part of this Agreement may be assigned or subcontracted by GRANTEE without the prior written consent of DISTRICT.

25. FURTHER ASSURANCES: Each party will execute any additional documents and perform any further acts which may be reasonably required to effect the purposes of this Agreement.

26. CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code $ 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity. 2T.Hp,ADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

28. NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other person or entity, other than a party hereto, with any enforceable legal or equitable benelit, right or remedy.

29. WAMRS: The failure of DISTRICT to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by DISTRICT of either performance or return of grant funds in lieu thereof shall not be considered to be a waiver of any preceding breach of the Agreement by the other GRANTEE.
30, 3XHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

31. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: ThiS Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any courl or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Approved by Board of Directors l2llll2gl9
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Agreement to either party is lost, the Agreement may be terminated at the option of the party whose material benefit(s) is adversely affected. In all other cases the remainder of the Agreement shall continue in full force and efTect.

32. ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between the parties hereto as to its subject matter and no prior oral or written understanding shall be of any force or effect. No pfi of this Agreement may be modified without the written consent of both parties.

33. ASSURANCES Or NON-DISCRIMINATION: GRANTEE shall not discriminate in employment or in the provision of its services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.

34. ATTORNEYS' FEES: If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
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Page2l of32
GRANTEB;
APPROVED AS TO FORM:
, President (date) General Counsel or Deputy(date)
ATTEST:
, Board Clerk (date)
DISTRICT:

APPROVED AS TO FORM:

Arlie Rogerso Board President (date) District General Counsel (date) ATTEST:

Judy Bibb, Board Secretary (date)
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EXHIBIT A

HEALTH SERVICE OR PROGRAM

EQUIPMENT TO BE GRANT FUNDED
The GRANTEE shall furnish the fbllowing services or program, or if the grant is for equipment, then GRANTEE shall either purchase or restore, rebuild or upgrade ("upgrade") the following equipment used for health services or programs:

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Page27 of32
I $
2 3

4. 5

6. 7
8 9
I IEA I,'I'I I SI'R\/I ('I' 0 R I'IT( X ; RA N,I,
IiQtllPi\ltiN'f (irtcludc ntltkc. tttoclcl. clc. )
("os'l'
Nnl lrr llrr'rr'tl
l)r\ I [r

EXHIBIT B

SCHEDULE OF PAYMENTS
In accordance with the terms of this Agreement, the DISTRICT shall disburse the following payment(s) to the GRANTEE:

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I
2 3
4 5
,\\tol lN.l' t).\'l'li l,tiRI'osli

EXHIBIT C

GRANT ATTRIBUTION REQUIREMENTS
l. Attribution Wordine
Attribution for DISTRICT-funded programs or equipment shall be as follows:
"Made possible by funding from Kingsburg Tri-County Health Care District" or "Funded by Kingsburg Tri-County Health Care District".

2. Written References to Particular DISTRICT-Funded Ecuinment All written informational materials (excluding ordinary letters, emails, text messages and other similar correspondence), whether in hardcopy or in electronic format, such as brochures, workbooks, posters, videos, curricula, webpages or PowerPoint presentations, which depict or refer to any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999 must include the attribution wording.

3. Promotional Materials
District attribution must also be included on promotional items such as posters, flyers, banners and other types of signage which depict or refer to any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Crant Funds in excess of $4,999.

4. Media Materials and Activities
Attribution to the District shall be included in any written informational materials distributed to the media for the purpose of publicizing a District-funded program or any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999. This information may include news releases and advisories, public service announcements (PSAs), television and radio advertisements and calendar/event listings.

Media and publicity activities, such as news conferences, story pitching, press interviews, editorial board meetings and promotional events shall include reference to the District's program suppofl. As a courtesy, the District would appreciate notification of these activities at least two (2) weeks in advance, whenever possible. Please send to the District copies of any press coverage of District-funded programs.

5. Loso Usaee
Use of the DISTRICT's logo is permitted and encouraged. Logos can be provided in print and electronic formats. Logos will be provided by DISTRICT upon initial grant funding and at GRANTEE's request thereafter. Graphic standards for logos Approved by Board of Directors l2llll20l9

shall be adhered to as provided by DISTRICT. Requests for logo should be directed to the administration office of the DISTRICT.

6. Photograph Consent
GRANTEE must permit photography of DISTRICT-funded programs or equipment to be taken by any DISTRICT-designated pbotographer at DISTRICT's expense, and consents to usage of such photographs on DISTRICT's website and other materials designed to inform and educate the public about the DISTRICT.

Approved by Board of Directors l2llll20l9