ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
REEDLEY CATE ENUNCIL MEETING
7:00 P.M.
TUESDAY, November 8, 2022
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.
The meeting will be webcast and accessed at: http://www.reedley.com/livestream.php *PLEASE SEE LAST PAGE OF AGENDA FOR ZOOM PARTICIPATION INSTRUCTIONS* Mary L. Fast, Mayor
Anita Betancourt, Mayor Pro Tem Suzanne Byers, Council Member Ray Soleno, Council Member Matthew Tuttle, Council Member
MEETING CALLED TO ORDER
INVOCATION- Rev. Dr. Jeff Wheeland, Reedley Mennonite Brethren Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. INTRODUCTION OF NEW CODE ENFORCEMENT OFFICERS- Fire Department PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of the Consent Agenda are deemed to include a motion to waive the full reading of any ordinance on the Consent Agenda. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 2-10)
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 25, 2022 - (City Clerk)
Staff Recommendation: Approve
3. RECOMMENDATION OF REJECTION OF CLAIM- ALVARADO JR., PEDRO ANTONIO - (Administrative Services)
Staff Recommendation: Approve Claim Rejection
4. APPROVE MAYOR'S NOMINATION TO FILL THREE VACANCIES ON AIRPORT COMMISSION-(City Clerk)
Staff Recommendation: Approve
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH
LSA ASSOCIATES TO PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AS NEEDED - (Community Development) Staff Recommendation: Approve
6. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE LICENSED TRAINING PROVIDER AGREEMENT WITH THE AMERICAN RED CROSS - (Community Services) Staff Recommendation: Approve
7. APPROVE AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE A 60
MONTH COPIER LEASE AGREEMENT WITH POWER BUSINESS TECHNOLOGY, LLC 2 FOR EIGHT (8) REPLACEMENT DIGITAL COPIER DEVICES & SUPPORTING MAINTENANCE SERVICE- (Administrative Services)
Staff Recommendation: Approve
8. APPROVE THE FOLLOWING ACTIONS TO FUND THE INTERNSHIPS FOR REEDLEY HIGH SCHOOL STUDENTS WITHIN THE EXPANDED LEARNING PROGRAM (ELP):
A. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A MEMORANDUM
OF UNDERSTANDING WITH KINGS CANYON UNIFIED SCHOOL
DISTRICT (KCUSD)
B. ADOPT RESOLUTION NO. 2022-090 AMENDING THE 2022-23 ADOPTED BUDGET APPROPRIATING $63,000 IN THE GENERAL FUND
- Community Services
Staff Recommendation: Approve
9. APPROVE BUDGET AMENDMENT RESOLUTION NO. 2022-091, APPROPRIATING $300 IN THE CITY COUNCIL BUDGET AND AUTHORIZING CITY PAYMENT AND/OR REIMBURSEMENT FOR FOOD EXPENSES FOR A DISTRICT 1 NEIGHBORHOOD MEETING - (Administration)
Staff Recommendation: Approve
10. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE REEDLEY ALLEY PAVING 2020 PROJECT:
A. ADOPT RESOLUTION NO. 2022-092 AMENDING THE FISCAL YEAR 2022- 2023 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $396,326
B. ADOPT RESOLUTION NO. 2022-093 AWARDING A CONSTRUCTION CONTRACT TO BUSH ENGINEERING, INC. FOR THE CONSTRUCTION OF REEDLEY ALLEY PAVING 2020 PROJECT
- Engineering
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
ORDINANCES - With respect to the approval of ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete ordinance and unless there is a request by a Council Member that the ordinance be read in full, further reading of the ordinance shall be deemed waived by unanimous consent of the Council.
11. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE 2022-006, ADOPTION OF 2022 CALIFORNIA BUILDING AND STANDARDS CODE, AND SCHEDULE A PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCE 2022-006 - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Fire Department & Community Development Department)
Staff Recommendation: Approve
3 12. ADOPT RESOLUTION NO. 2022-088 AMENDING THE FISCAL YEAR 2022-2023 ADOPTED BUDGET TO REALLOCATE $100,000 IN CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 FOR INITIAL PLANNING & DESIGN WORK ASSOCIATED WITH A FUTURE CITY HALL FACILITY- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services) Staff Recommendation: Approve
RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council. Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
13. QUARTERLY EXPENSE & TRAVEL REPORT FOR ELECTED AND APPOINTED OFFICIALS - JULY 01, 2022 THROUGH SEPTEMBER 30, 2022- Administrative Services
14. RECEIVE, REVIEW, AND FILE THE 2022 CITY OF REEDLEY ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT- Public Works
COUNCIL REPORTS
15. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
16. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 3rd day of November 2022.
Kathie
Ruthie Greenwood, City Cler
Zoom Participation:
The City Council is encouraging members of the public to observe and participate in the Council meeting virtually, to maximize the safety of all meeting participants. Reasonable efforts will be made to allow written and verbal comments from participants communicating with the host of the virtual meeting. To do so, participants may "raise their hand" during public comment portions of the meeting using the electronic feature on the zoom program, and the City Clerk will inform the Mayor of the participant's desire to provide public comment. Due to the new, untested format of these meetings, the City cannot guarantee that participants who wish to provide public comment will occur as expected.
The "chat" feature on Zoom will not be monitored or used during the meeting. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes. 4 #2
REEDLEY CITY COUNCIL MEETING - October 25, 2022
A complete audio record of the minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council called to order by Mayor Fast at 7:02 p.m. on Tuesday, October 25, 2022 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Horacio Aleman Sr, Cruising for Jesus
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Tuttle
ROLL CALL
Council Members
Present: Anita Betancourt, Suzanne Byers, Ray Soleno, Matthew Tuttle, Mary Fast
Absent: None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Soleno motioned, Council Member Tuttle seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
1. INTRODUCTION OF NEW ROADS AND GROUNDS SUPERVISOR. Public Works Director, Russ Robertson ntroduced Eddie Andrade as the new roads and grounds supervisor. Mr. Andrade has worked for the City o eedley for 10 years. Council and Staff congratulated Mr. Andrade on the promotion
2. INTRODUCTION OF NEW POLICE EXPLORERS Chief of Police, Jose Garza introduced the new police explorers and shared how they have successfully passed a police explorer academy and are excited to apply their new skills and assist the police department.
PUBLIC COMMENT
None.
CONSENT AGENDA (Items 3-8)
Council Member Betancourt asked for item 8 to be removed and discussed prior to the vote.
Council Member Betancourt said on item 8 she wanted to thank the two Kathy's from Horstmann Financial for all the ard work they have done on the medical plans for the employees and the retirees. City Manager, Nicole Zieba anc Mayor Fast also thanked them for working very hard for the City of Reedley. Mayor Fast inquired about change being made on 8-B. Assistant City Manager, Paul Melikian explained the changes.
Kathy Huebert from Horstmann Financial stated she felt the increase to the life insurance is a very affordable benefit for the employees.
Council Member Tuttle moved, Council Member Soleno seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
3. APPROVAL 3. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF OCTOBER 11, 2022 -Approved
4. APPROVE TEMPLATE AGREEMENT FOR EXPANDED LEARNING PROGRAM DIRECT SERVICE
VENDORS AND AUTHORIZE CITY MANAGER TO MAKE NON-SUBSTANTIVE CHANGES IN ORDER TO CLARIFY TERMS. -Approved
1 REEDLEY CITY COUNCIL MEETING - October 25, 2022
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-005, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2022-01
AND AUTHORIZING THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY FOR REEDLEY TO REZONE A PARCEL LOCATED AT 1800 8TH STREET-Approved
6. ADOPT RESOLUTION NO. 2022-085 ACCEPTING THE RECOATING AND PAINTING OF THE
DOWNTOWN WATER TOWERS AND RELATED IMPROVEMENTS AND AUTHORIZE THE PUBLIC
WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE- Approved
7. ADOPT RESOLUTION NO. 2022-086 OF INTENTION TO ANNEX THE FOLLOWING TERRITORY (ANNEXATION NO. 20): APN'S 365-082-36, 368-212-01, 370-070-95, 370-091-05, 370-091-06, 370-100-09, 370-100-12, 370-100-13, 370-100-42, 370-100-72, 370-240-45, 370-240-50, 370-240-59 AND 370-240-66 INTO THE CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES AND FIXING THE TIME AND PLACE OF PUBLIC HEARING FOR DECEMBER 13, 2022- Approved
8. CONSIDER & APPROVE FULL-TIME EMPLOYEE BENEFIT RENEWALS FOR 2023 A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RENEWAL
DOCUMENTS AND PLAN CHANGES NECESSARY FOR THE PROVISION OF DENTAL,
MEDICAL, LIFE & VISION COVERAGE FOR ELIGIBLE CITY EMPLOYEES, RETIREES, AND DEPENDENTS FOR THE 2023 CALENDAR YEAR
B. ADOPT RESOLUTION NO. 2022-087 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
AMENDING THE SALARY & BENEFIT SCHEDULE FOR UNREPRESENTED EMPLOYEES
REVISING THE LIFE INSURANCE BENEFIT
- Approved
WORKSHOP
9. WORKSHOP BY FRESNO COUNTY STAFF REGARDING "HOME" INVESTMENT PARTNERSHIP
PROGRAM WITH AMERICAN RESCUE PLAN FUNDING (HOME ARP) AND THE COUNTY'S
COMMUNITY DEVELOPMENT BLOCK GRANT HOME INVESTMENT PARTNERSHIP PROGRAM (CDBG/HOME)
Fresno County Principal Planner Yvette Quiroga and Community Development Specialist Jonathan Avedian provided an in depth presentation on the programs. Council and staff asked questions which were answered at the conclusion of the presentation.
COUNCIL REPORTS
10. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Tuttle
• Attended Good Morning Reedley event hosted by Reedley Chamber where they discussed the Mid Valley Times
• Discussed the Marjaree Mason event he attended
• Attended a ribbon cutting ceremony
Council Member Byers
• Also attended the Good Morning Reedley event
• Attended the Marjaree Mason event and thanked Police Chief on a successful event • Mentioned the Senior luncheon she attended and thanked Community Services Department • Discussed the Police Department Explorer graduation ceremony she attended 2 REEDLEY CITY COUNCIL MEETING - October 25, 2022
Mayor Fast
Discussed the Good Morning Reedley event with the Chamber of Commerce • Attended a meeting at Reedley College and provided a brief update
STAFF REPORTS
11. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager, Nicole Zieba
Discussed upcoming meetings in November and December
ADJOURNMENT
Mayor Fast adjourned the regular meeting at 8:29 p.m.
Mayor Mary Fast
ATTEST:
Ruthie Greenwood, City Clerk
3 REEDLEY
REEDLEY CITY COUNCIL
O
consent
THI Regular Item
Workshop
Closed Session
Public Hearing
3 ITEM NO:
DATE: November 08, 2022
TITLE: RECOMMENDATION OF REJECTION OF CLAIM - ALVARADO JR., PEDRO ANTONIO SUBMITTED: Amar Bains, Accountant fB
REVIEWED: PaulA. Melikian, Assistant City Manager m
APPROVED: Nicole R. Zieba. City Manager
RECOMMENDATION
That the City Council reject a claim received from Pedro Antonio Alvarado Jr. on October 04, 2022. The claim was referred to Acclamation Insurance Management Services (AIMS) for investigation and recommendation to the City.
BACKGROUND
The Claim Form submitted by Pedro Antonio Alvarado Jr. on October 04, 2022 alleges harassment, retaliation, lost wages, loss of property, unlawful towing, punitive damages and mental anguish in connection with the City of Reedley and its Police Department and is seeking in excess of $25,000.00 in damages from the City of Reedley.
In the information attached to the claim, the claimant mentioned several dates of loss. However, only two dates of loss were timely while the other dates of loss were too long ago to be timely. Therefore, on October 14, 2022, the City returned the late claims and the remaining were sent to AIMS for evaluation.
AIMS discussed the matter with the City's Chief of Police, who stated that most of the officers named in the claim were with other agencies and that his Department had not received any claims directly from the claimant with regard to any issues. AIMS found no evidence of negligence and/or liability on the part of the City of Reedley and/or its Police Department and recommended the claim to be rejected Pursuant to Government Code Section 912.4, the City Council must act upon a claim within 45 days after receipt. If there is no official action by Council, the claim is deemed to be rejected on the last day.
Denial by minute order action provides a clearly defined rejection date and allows AIMS to begin their investigation and take appropriate action to resolve the claim in a timely manner.
A copy of the full document is available for review with the City Clerk during business hours.
REEDLEY CA
O REEDLEY CITY COUNCIL
CITI
Consent
THE Regular Item
Workshop
Closed Session
Public Hearing
ITEM NO: 4
DATE: November 8, 2022
TITLE: APPROVE MAYOR'S NOMINATION TO FILL THREE VACANCIES ON
AIRPORT COMMISSION
SUBMITTED: Ruthie Greenwood PaL
City Clerk
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff is recommending that the Reedley City Council approve Mayor Fast's nomination to fill three vacancies on the Airport Commission. After review of the applications by Mayor Fast, she is recommending the appointments to the commission.
BACKGROUND
The positions available on the Airport Commission are due to term expirations. The open positions were advertised in the Mid Valley Times. Mayor Fast has interviewed the applicants and is recommending that Butch Agrifoglio, Carl Smith and Joseph Oldham be approved to sit on the Airport Commission
The Airport Commission terms are three (3) year terms. These appointments will have a term expiration of October 2025.
No Fiscal Impac
ATTACHMENTS
Three (3) applications
CITY OF REEDLEY
ELUED
COMMISSION/COMMITTEE APPLICATION FORM
I hereby request that 1 be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY- USE SEPARATE APPLICATION FOR EACH COMMISSION Airport Commission
Community Services Commission
Must reside within City limits, provided that up to 2
commissioners may reside outside city limits but within city's sphere of influence)
Planning Commission
(Must reside within City limits)
Traffic Safety Commission
Must reside within City limits)
Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
NAME: Carl 5mith
HOME ADDRESS:
MAILING ADDRESS (if different from above):
HOME PHONE: LY PHONE:_
EMAIL ADDRESS (if applicable):
RESIDENT OF REEDLEY FOR 37 YEARS.
EMPLOYED BY:
DATE: 09-12-22 SIGNATURE:
(Additional information is requested on the back of this form) 9/12/2022 C 1137am
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
I hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY— USE SEPARATE APPLICATION FOR EACH COMMISSION Airport Commission
Community Services Commission
(Must reside within City limits, provided that up to 2
commissioners may reside outside city limits but within city's sphere of influence)
Planning Commission
(Must reside within City limits)
Traffic Safety Commission
(Must reside within City limits)
Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
NAME: BUTCH AGRIFOGLIO
HOME ADDRESS:
MAILING ADDRESS (if different from above):
HOME PHONE: N/A _DAY PHONE:
EMAIL ADDRESS (if applicable): _
RESIDENT OF REEDLEY FOR 56 _YEARS.
EMPLOYED BY:
DATE: 12-SEPT- 22 SIGNATURE: 3ukh Agrifeglin
(Additional information is requested on the back of this form)
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
I hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY- USE SEPARATE APPLICATION FOR EACH COMMISSION Airport Commission
Community Services Commission
(Must reside within City limits)
• Planning Commission
(Must reside within City limits)
Traffic Safety Commission
(Must reside within City limits)
Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
NAME: Joseph W. Oldham
HOME ADDRESS:
MAILING ADDRESS (if different from above):
HOME PHONE: DAY PHONE
EMAIL ADDRESS (if applicable):
RESIDENT OF REEDLEY FOR M/s YEARS.
EMPLOYED BY:
DATE: 9/30/2012 SONATURE: fur ULE
(Additional information is requested on the back of this form) -
Please give a brief overview
of any qualifications you might have that would be beneficial to the Commission you have chosen to serve on.
Have solved on the Commission and went to continue
helpry the City of heedley pooguess with theim airpent.
Please note that the Mayor, or his designee, will be contacting you to set up a one-on-one interview.
REEDLEY CITY COUNCIL
RNIA Consent
THE Regular Item
BASKET™ Norkshop
WORLD'S FRUIT Closed Sessior
Public Hearing
ITEM NO: 5
DATE: November 8, 2022
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN
AGREEMENT WITH LSA ASSOCIATES TO PERFORM ON-CALL
PROFESSIONAL SERVICES FOR THE COMMUNITY DEVELOPMENT
DEPARTMENT AS NEEDED
SUBMITTED: Rodney L. Horton
Community Development Director
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Approve and authorize the City Manager to sign an agreement with LSA Associates to perform on-call professional services for the Community Development Department as needed.
BACKGROUND
The Community Development Department consists of the Planning and Building Divisions.
Each division is responsible for highly technical and complex assignments associated with the approval and development of structures within the community. On-call consultant assistance is needed when workload capacity may impact the Department's responsiveness to certain development projects. The Department remains fully to processing entitlement applications in a timely fashion.
The Department desires to ensure quality customer service to the residents and development community by having an additional professional service provider. Staff does anticipate utilizing the services of LSA Associates due to consistently strong development activity.
ENVIRONMENTAL FINDINGS
Staff has conducted a review and has determined that it is exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed action is for Council to authorize the City Manager to enter into an agreement with LSA Associates to provide on-call professional services, it can be seen with certainty that there is no possibility that approving an
agreement with LSA Associates may have a significant effect on the environment. Therefore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
FISCAL IMPACT
There is no negative impact to the City given that the costs of service are determined per- project, and are paid by the applicant needing entitlement application approved.
ATTACHMENTS
1. Draft Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of _ 2022 (the effective date) by and between The City of Reedley, hereinafter referred to as "CITY", and LSA, hereinafter referred to as "CONSULTANT".
IN CONSIDERATION of the covenants to hereinafter set forth, the parties hereto mutually agree as follows:
RECITALS
WHEREAS, CITY desires to obtain consultant services in connection with environmental analysis, land use and planning; and
WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services in the fields of environmental analysis, land use and planning, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement will be administered for CITY by City Manager Nicole R. Zieba, with Project Management overseen by Community Development Director Rodney L. Horton.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing recitals which are part of this Agreement and the terms and conditions hereinafter contained, it is mutually agreed as follows:
1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY services as requested by CITY relating to pursuant to Exhibit "A" which is incorporated herein by reference.
2. Term of Agreement. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through June 30, 2023 subject to any earlier termination in accordance with this Agreement.
3. Compensation. CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be pursuant to Exhibit "B," which is incorporated herein by reference.
4. Termination. Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination. In the event of termination, all furnished or unfurnished documents, reports, or other materials prepared by CONSULTANT under this Agreement shall become CITY'S property. CONSULTANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination.
5. Indemnification.
(a) Indemnity for Professional Liability: When the law establishes a professional standard of care for CONSULTANT'S Services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless the CITY and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or Subconsultants (or any Agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by CONSULTANT or by any individual or Agency for which CONSULTANT is legally liable, including, but not limited to, officers, agents, employees, or subcontractors or CONSULTANT.
6. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit "C" or as may be authorized, any additional insurance as may be required, in writing by City Manager or her designee at any time and in her sole discretion. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums theretore have been paid tor a period satistactory to Clly. And failure to maintain the required insurance shall be sufficient cause for CITY to terminate this agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceeding, or has had proceedings commenced against it, indicating that the insurer is insolvent.
7. Nondiscrimination. To the extent required by controlling federal, state, and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.
8. Independent Contractor. In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions.
However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
9. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, sent via electronic mail followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.
10. Assignment. This agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee.
11. Compliance with Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
13. Governing Law and Venue. This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
16. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
17. Attorneys' Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys' fees and legal expenses.
18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
19. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void. 3
20. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
21. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
22. Ownership of Documents and Data.
(a) Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY. Documents, including spreadsheets, calculations, drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by CITY or persons other than CONSULTNAT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes. (b) Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with the law; or (3) must be disclosed in connection with any legal proceedings.
(c) Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
(d) Notwithstanding the paragraphs above, all computer financial models including without limitation compilations of formulas and spreadsheet models used or developed by the CONSULTATION in performing its work are proprietary and shall remain property owned solely by the CONSULTANT.
************************
CITY OF REEDLEY, a LSA
California Municipal Corporation
By: By:
Nicole R. Zieba, City Manager Anthony Petros, President Date: Date: October 20, 2022
Exhibit "A"
SCOPE OF SERVICES
Consultant Service Agreement between the City of Reedley and LSA
CARLSBAD
LSA CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
June 7, 2022
Rodney Horton, MPA
Community Development Director
City of Reedley
1733 9th Street
Reedley, CA 93654
Subject: LSA Statement of Qualifications for On-Call Planning and Environmental Consulting Services
Dear Mr. Horton,
LSA is pleased to submit this Statement of Qualifications for On-Call Planning and Environmental Consulting Services for the City of Reedley (City). We are very interested in working in Reedley, and while staff in LSA's Clovis office will be the primary point of contact for on-call services, LSA has the size and depth of experience to promptly respond to any requests for services.
LSA currently holds more than 1,000 active contracts, 70 of which are on-call contracts with public and private entities throughout California, including Fresno County and the cities of Porterville and Clovis. This depth and breadth of experience has contributed to LSA's comprehensive understanding of the skills necessary to manage an on-call contract and multiple task orders. LSA recognizes that an on-call assignment requires an "on-call" obligation. The knowledgeable LSA team will act quickly with a solutions-oriented approach, be responsive to myriad possible requests, and commit to having adequate staff to efficiently address task orders. The core strengths that underpin LSA's successful delivery of on-call services are timely, clear, and productive communication. LSA is committed to providing the City with prompt, efficient service, and unparalleled expertise.
LSA's environmental staff includes expert CEQA and NEPA practitioners that have prepared thousands of Environmental Impact Reports, Initial Studies, Negative Declarations, Mitigation Monitoring and Reporting Programs, and Categorical Exemptions to support planning efforts throughout the State. LSA produces legally sound CEQA and NEPA documents that are written in a manner that makes them easy to read and understandable to a diverse audience including planners, designers, attorneys, decision-makers, members of the community, and local interest groups. LSA provides informative graphics to support the analysis and make the documents easier to read. LSA also strives to provide adequate background information to help interested individuals and community interest groups understand topics that do not always fall within the requirements of CEQA and NEPA (e.g., socioeconomic issues, policy consistency). Simple attributes such as clear formatting, a well-organized heading structure, and explicit descriptions of project impacts and mitigation measures facilitate the creation of readable and useful documents. 2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net LSA is a business name of LSA Associates, Inc.
LSA
APPROACH
LSA approaches each project with the goal of functioning as an extension of City staff. This approach gives LSA insight into preparing legally defensible and concise documents that allow for City decision-makers, members of the public, and City staff to easily understand the projects under consideration. Our proximity to the City's office, allows LSA staff to be availability to attend in- person meetings. LSA believes that as the consultant undertaking environmental review assignments or technical studies we can offer:
• An ability to quickly gain an understanding of the local environment (both physical and political); • A strong anticipatory project management style that allows the City and team to make informed decisions about key issues and the level of effort needed to address them; • An ability to work effectively and efficiently with City staff, project proponents, attorneys, and the public; and
• A willingness to be flexible and responsive to the demands and needs of a particular project.
LSA is committed to implementing these characteristics for every project we undertake. Once we are tasked with conducting the environmental review for a particular project, we begin the effort by gathering as much initial information as we can about the project from City staff, a site visit, and often the project architect or engineer. We then prepare a detailed scope of work, a schedule, and a budget.
Our work programs and products are designed to achieve the following key objectives:
• Maximize the use of existing data that has already been assembled for the project site - we will not reinvent the wheel at the City or applicant's expense. • Complete project documentation that provides clear and concise information and level of analysis, is legally sound, and provides the public, agencies, and the City's decision-makers with a complete understanding of the potential environmental consequences of the project.
Our approach is to identify issues early in the process and work diligently with the project team to develop effective solutions. LSA's ability to deliver spans the entire life cycle of a project, starting with opportunities and constraints analyses, and reconnaissance surveys, proceeding through environmental review and approvals, permitting, mitigation monitoring, and construction monitoring. Key strengths that LSA brings to the City of Reedley are as follows:
• Understanding of City Staff Needs. Through our experience working with public agencies, we know that City staff can be stretched thin by the time and effort required to manage the planning and environmental review process. We believe that the ability of LSA staff to work independently of, but in close communication with, staff is one of our greatest assets. We routinely assist staff with public noticing, the preparation of staff reports, findings/statements of 6/7/22 (\saazfiles.file.core.windows.net\projects\000-PROPOSALS\Reedley On-Call Planning and CEQAILSA Services.docx) 2 LSA
overriding considerations, and presentations for public hearings. We are adept at responding to questions from decision-making bodies about complex projects and planning issues.
Tenacious Attention to Deadlines and Schedule. LSA frequently works with clients to develop aggressive schedules to accommodate deadlines as they may relate to project funding, land purchase options, timing of public hearings, or construction time frames. Schedules may be condensed through early agreement on the project description, swift transmittal of needed data, and shortened review periods. City staff and applicants will find that LSA is exceptionally responsive and will go the extra mile to achieve the agreed-upon schedule(s). • Proactive Project Management. LSA provides comprehensive, active project management, ensuring overall project quality, coordination and timeliness. Each of LSA's assigned staff members is skilled at anticipating and dealing with issues that may arise during the course of the project. Rather than postpone difficult issues or unpleasant news, LSA's style is to raise issues early and solve problems.
• Senior Staff Involvement. LSA is committed to the use of senior-level staff. For any project that LSA undertakes, the LSA team will be directed by a principal of the firm and managed by a senior project manager. The management team will oversee the project, coordinate with City staff, and ensure that all tasks are completed in an efficient, cost-effective, and timely manner. • Objective and Impartial Analysis. We undertake our research, analysis, writing and presentations with the aim of providing technically competent and scientifically objective work products. Our contribution to promoting the applicant's objectives is focused on preparing a CEQA document that is technically thorough and conducting the public process in a way that is transparent and accessible. We believe that the best advocacy is a document that is impartial, above reproach, and legally/technically robust.
The technical experts on our team conduct their analysis to meet the standards and methodologies of the City; they also understand that there may be multiple approaches to address issues and meet standards. LSA Principals and Project Managers have a proven ability to discuss multiple approaches and objectives with the City, legal staff, and applicant (as necessary) and come to an agreement on the approach that best meets the City's needs for complying with State law and the requirements of the decision-makers. Work products must be adequate to meet the requirements of the State CEQA Guidelines, State Planning and Zoning law, NEPA, and National Historical Preservation Act.
LSA'S SERVICES & EXPERTISE
Working with specialists across disciplines, LSA's environmental project managers offer deep knowledge of science and regulation, solid problem-solving skills, and well-rounded solutions. This balanced approach has earned LSA a reputation for thorough, credible, objective analysis that meets agency requirements without compromising clients' objectives. LSA's CEQA and NEPA teams are supported by a wealth of in-house technical specialists. The following disciplines are highlighted:
environmental analysis, land-use planning/resource management, agricultural resources, air quality and greenhouse gas emissions (GHG), biological resources, cultural resources (including archaeology 6/7/22 (\saazfiles.file.core.windows.net\projects\000 - PROPOSALS\Reedley On-Call Planning and CEQA\LSA_Services.doc) 3 LSA
and historic resources), noise, paleontological resources, transportation/traffic services, water quality.
• Environmental Analysis: Navigating CEQA and NEPA requirements is a critical part of project development in California. LSA offers broad expertise in environmental analysis and can guide projects through all aspects of CEQA and NEPA compliance and mitigation plans. Working across multiple technical disciplines, LSA's environmental planners and specialists combine their knowledge of science and regulation with creative problem-solving skills to provide solutions that are innovative, practical, and efficient. Once a task order has been issued, LSA will review the task order and will assign a Project Manager to meet the needs of the project. LSA's technical expertise includes the following:
• Agricultural Resources: LSA's environmental planning staff includes agricultural resources specialists who have a strong understanding of both federal and State farmland conversion analysis requirements. LSA's environmental planning staff is highly adept at evaluating impacts to farmland in accordance with CEQA guidelines, including utilizing the 1997 California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation. LSA's environmental planning staff is also skilled at preparing agricultural resource analysis under NEPA and in compliance with Caltrans' Standard Environmental Reference, Section 23-Farmlands. LSA's experience includes preparing Natural Resources Conservation Service (NRCS) Form AD-1006 for noncorridor projects and NRCS Form CPA-106 for corridor projects pursuant to the Farmland Protection Policy Act, which requires extensive coordination with NRCS staff for review and approval.
Air Quality and Greenhouse Gas: LSA air quality specialists can ensure that the City's projects comply with CEQA/NEPA and local or regional requirements. The LSA Team provides construction-level analyses of air quality impacts for transportation and development projects, identifies unique sources of air pollution (e.g., vessels, airplanes, trains, and industrial equipment), and assesses community health risks while developing community risk reduction plans. LSA uses state-of-the-art computer modeling and current protocols to determine any potential air quality impacts and would apply these tools to task orders under this contract.
Biological Resources and Regulatory Permitting: LSA specializes in permitting for projects with impacts on wetlands and endangered species. LSA uses extensive experience in evaluation and effective management of biological resources, jurisdictional wetland delineations, wetland permitting, and threatened and endangered species surveys.
Additionally, the company has implemented numerous habitat restoration projects, in most cases as mitigation for development. LSA offers technical expertise in wetland science, wildlife biology (including bat exclusion and habitat development), botany, entomology, soil science, and native plant horticulture to provide environmentally sound solutions tailored specific to a project. The firm's proficiency in project analysis has earned LSA a strong reputation for professionalism and dependability with resource agencies that enable LSA to efficiently navigate the permitting processes. LSA has a strong understanding of the interrelated regulatory processes and timelines and has developed close professional 6/7/22 (\saazfiles.file.core.windows.net\projects\000 - PROPOSALS\Reedley On-Call Planning and CEQA\LSA Services.docx) LSA
relationships with key staff members at the various USACE, RWQCB, and CDFW offices throughout Northern California.
• Cultural and Historic Resources: LSA can help navigate the full spectrum of federal, State, and local environmental review requirements governing the management and preservation of cultural resources. The firm backs up its knowledge of regulatory framework with region- specific expertise, professional certifications, and fully appointed laboratory facilities. LSA's specialists address regulatory requirements pertaining to archaeology, architectural history, local and regional history, cultural landscapes, Native American consultation, and traditional cultural properties. LSA identifies issues early in the planning and design process, when the most cost-effective solutions are possible, and follows through the required process of approval with responsible and trustee agencies. LSA understands that only projects conducted in native sediment or in areas with buildings greater than 50 years old will require cultural or historic resource work.
Noise: LSA's team of noise experts provides comprehensive acoustical assessment services, including noise and vibration measurement, analysis, mitigation, and noise abatement. LSA will work with the City to develop reasonable assumptions for construction methods, equipment, and duration. LSA will coordinate with both the project design team and the City's traffic group to analyze operational noise impacts.
Paleontological Resources: Paleontological resources (i.e., fossils) include the preserved remains or other evidence of past life and are protected by various federal, State, and local regulations and requirements. LSA's paleontological resources management is typically conducted through a three-step process: (1) an initial assessment; (2) mitigation, if resources are found to be present; and (3) a final report documenting compliance with all applicable regulations and requirements. LSA has provided professional paleontologists for projects throughout the western United States since 1979, and the firm supports its knowledge of the regulatory framework with region-specific expertise, professional certifications, and fully appointed laboratory facilities. LSA understands that only projects involving activities or disturbance of native sediments would require paleontological resource management work.
Transportation/Traffic Services: LSA's transportation staff offers comprehensive transportation planning and engineering services for all aspects of transportation projects.
These services include traffic and parking studies, operational analyses, and transportation planning research. In addition, LSA conducts modeling for regional transportation networks, identifies roadway funding and cost sharing opportunities, and assesses traffic impact and parking conditions. LSA's transportation team is recognized for its creative, solution- oriented approach and its sensitivity to communities, and has supported local communities with alternative transportation planning and active transportation implementation. LSA has also been part of the discussion regarding numerous State and regional mobility issues, such as Complete Streets, General Plan Circulation requirements, Long-Range Transportation planning, land use and transportation integration (Senate Bill [SB] 375). Furthermore, LSA is a recognized leader on SB 743 knowledge and has participated in a number of presentations on SB 743 throughout the State. LSA's transportation planning and engineering staff, CEQA 6/7/22 (\\saazfiles.file.core.windows.net\projects\000 - PROPOSALS\Reedley On-Call Planning and CEQA\LSA_Services.docx) 5 LSA
practitioners, and project managers stay abreast of SB 743 and the implications for evaluating transportation impacts under CEQA. LSA is working closely with several jurisdictions statewide on the implementation of SB 743, including the Fresno Council of Governments (COG), City of Fresno, City of Visalia, City of Long Beach, City of Newport Beach, and County of Orange, with several others in the pipeline. Additionally, LSA has conducted VMT analysis for several types of projects statewide, including General Plans, Specific Plans, land development projects, and transportation projects. LSA also has extensive knowledge and has used the California Statewide Travel Demand Model to extract socioeconomic and VMT data for project use, as well as other regional travel demand models statewide. LSA is currently Fresno COG's on-call consultant for updating, maintaining and implementing Fresno COG's activity-based model. This provides LSA with a strong travel-demand modeling foundation upon which we can conduct more focused additional analysis specific to the City's needs.
Water Quality: LSA's water quality staff members are experts in water quality regulations and standards and have extensive experience analyzing projects pursuant to CEQA and NEPA. LSA applies its expertise to help its clients identify and address water quality issues throughout the life cycle of their projects. LSA's water quality services include water quality analysis for environmental documents (e.g., EIRs, EISs, IS/MNDs, Environmental Assessments), Water Quality Assessment Reports for Caltrans projects, Summary Floodplain Encroachment Reports for Caltrans projects, and peer review of Hydrology Reports and Water Quality Management Plans for development projects for purposes of CEQA compliance.
Land-Use Planning/Resource Management: LSA's planning services help in creating livable, practical, and sustainable communities by integrating physical planning with these multiple needs: urban design, economic development, transportation, historic resources, open space, infrastructure, biological resources, and community engagement. Many of LSA's professional staff members are educated and trained as planners before pursuing disciplines in environmental analysis, resource management, and transportation. LSA staff can prepare land use plans as well as policy and regulatory documents for a wide range of development sites, neighborhoods, cities, and regions across the State. Skillful resource management conserves resources while accommodating growth and development. With that in mind, LSA can refine and strengthen relevant concepts and practices, recommend multiple build solutions, and conduct the needed monitoring essential in sustaining resources for each project. LSA can also conduct the ongoing monitoring necessary in today's ever-changing environments, whether urban, suburban, or rural. We tailor services to your needs and draw upon an extensive range of specialists in providing both a broad perspective and the diverse expertise each project requires.
We appreciate the opportunity to provide this statement of qualifications and look forward to working with the City on future projects, as we are committed to serving local government. For reference, LSA's Schedule of Standard Contract Provisions and Billing Rates is attached to this Statement of Qualifications.
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We are confident that we have the essential project management, strategic thinking skills, and multi-disciplinary technical knowledge to efficiently and effectively prepare high-quality planning and environmental documents for the City. If you have any questions or need further information, please contact Amy at (559) 490-1213 or Kyle at (559) 490-1212.
Sincerely,
LSA Associates, Inc.
fry Fischer
Amy Fischer yle Simpso
Principal Associate/Project Manager
Attachment: Schedule of Standard Contract Provisions and Billing Rates 6/7/22 (\saazfiles.file.core.windows.net\projects\000 - PROPOSALS\Reedley On-Call Planning and CEA\LSA_Services.docx) 7 Exhibit "B"
Compensation
Consultant Service Agreement between the City of Reedley and LSA JUNE 2022 SCHEDULE OF STANDARD CONTRACT PROVISIONS LSA
AND BILLING RATES
HOURLY BILLING RATES EFFECTIVE JUNE 2022
Job Classification
Cultural/ Hourly Rate
Planning Environmental Transportation Air/Noise Paleontological Biology GIS Range!,? Resources
Principal Principal Principal Principal Principal Principal Principal $180-400 Associate Associate Associate Associate Associate Associate Associate $130-250 Senior Senior Senior, Senior Air Senior Cultural Senior Biologist/ Senior GIS $115-200 Planner Environmental Transportation Quality/Noise Resources Botanist/Wildlife Specialist Planner Planner/Engineer Specialist/Noise Manager/ Biologist/Ecologist/ Engineer Paleontologist Soil Scientist/
Herpetologist/
Arborist
Planner Environmental Transportation Air Quality/ Cultural Resources Biologist/Botanist/ GIS $85-165 Planner Planner/Engineer Noise Specialist/ Manager/ Wildlife Biologist/ Specialist Noise Engineer/ Archaeologist/ Ecologist/Soil
Climate Change Architectural Scientist/
Specialist Historian/ Herpetologist/
Paleontologist Arborist
Assistant Assistant Assistant Air Quality/ Cultural Resources Assistant Biologist/ Assistant $85-125 Planner Environmental Transportation Noise Analyst Analyst Botanist/Wildlife GIS Planner Planner/Engineer Biologist/Ecologist/ specialist Soil Scientist/
Herpetologist/
Arborist
Field Services
Senior Field Crew/Field Crew $85-105
Office Services
Marketing $115-195
Project Assistant
Research Assistant/Intern
Word Processing/Technical Editing
The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 pe hour regardless of job classifications.
2 Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA's discretion at that time.
LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 20221
Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11) B/W| $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page | Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo
Plotting $3.75 per sq ft Boat Rental $125.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day GPS Unit $75.00 per day
1 Direct costs shall be reimbursed at cost plus 10 percent.
S:\intranet-2012\accounting\Contract Review \StandardContractProvisions_060322.docx (06/03/22) 4 Exhibit "C"
INSURANCE REQUIREMENTS
Consultant Service Agreement between the City of Reedley and LSA Minimum Scope of Insurance
Without limiting Consultant's indemnification of the City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of this Agreement, and shall require any subconsultants to obtain and maintain, policies of insurance of the type and amounts described below and in a form satisfactory to the City.
Voukers Compensatimit Consultan sell maintain Sunkenners or least one million dollars ($1 000,000)).
(b) General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form Cor equivalent, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. General liability policies shall provide or be endorsed using Insurance Service Office forms CG 20 10 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. (c) Automobile ite Liability. I Consultant lo Liability. If Consultant (or subconsultants) utilizes automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. (d) Professional Liability (Errors and Omissions). Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period of no less than one year after completion of the Services required by this Agreement. (e) Proof of Insurance. Consultant shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(t) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger), in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City.
(g) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
(h) Specifications not Limiting. Requirements of specific coverage features or limits contained in the Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by an insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any (i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days' notice of cancellation (except for nonpayment for which ten (10) days' notice is required) or nonrenewal of coverage for each required coverage.
0) Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City. (k) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
REEDLEY CITY COUNCIL
Regular Item
Workshop
Closed Session
• Public Hearing
ITEM NO:
DATE: November 8, 2022
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
LICENSED TRAINING PROVIDER AGREEMENT WITH THE
AMERICAN RED CROSS.
SUBMITTED:
APPROVED: Nicole R. Zieba, City Manager/
RECOMMENDATION
Approve and authorize the City Manager to sign the Licensed Training Provider Agreement with the American Red Cross.
EXECUTIVE SUMMARY
At the present time, there are two City Employees who are certified to teach CPR and First Aid courses. The City of Reedley has offered classes for the past fourteen years to employees and the public. Two years ago, the American Red Cross started requiring all organizations who offer classes using the American Red Cross curriculum to have a formal agreement on file. The 2020 agreement has expired and a new one is required to continue offering classes.
The agreement covers use of the American Red Cross name, teaching materials, fees, payment process, and service providers responsibilities. The agreement does not change the current process the City has in place related to certification courses.
BACKGROUND
In 2008, employees with the City of Reedley received the training to offer CPR and First Aid courses through the American Red Cross. Since that time classes have been offered to City employees, public classes at the Community Center and to local businesses.
FISCAL IMPACT
No Fiscal Impact.
ATTACHMENTS
Licensed Training Provider Agreement with the American Red Cross DocuSign Envelope ID: 9F3BA754-EB2E-4028-9282-C73F2C902A24 American Training Services
Red Cross Licensed Training Provider Agreement
Licensed Training Provider Agreement
This Licensed Training Provider Agreement ("Agreement") is by and between The American National Red Cross ("Red Cross") and_City of Reedly . (the "LTP")
(each a "Party" and together the "Parties"), effective as of the last date of signature set forth below ("Effective Date"), for the purpose of licensing Red Cross training materials and curriculum to LTP in order to permit individuals who are both (i) Red Cross-certified instructors in good standing and (ii) employees of LTP, or (if LTP is a non-profit organization) bona fide volunteers of LTP ("Instructors"), to deliver instruction in the Red Cross training courses that are included within the product package(s) listed in Appendix B ("Courses").
1. LTP Responsibilities. LTP will:
1.1. Teach Courses using only Red Cross-approved instructional materials and other copyrighted and proprietary educational content as Red Cross may provide from time to time to licensed training providers of Course instruction ("Course Materials"), using only Instructors who possess current, appropriate Red Cross instructor certification for each such Course, and in compliance with the most current Red Cross Training Provider Resource Guide ("Guide"), policies and procedures (collectively, the "Policies")
Before commencing instruction activities under this Agreement, provide Red Cross with a list of all Instructors who will teach Courses on behalf of LTP.
1.3. Notify Red Cross within ten (10) business days of any additions to or deletions from LTP's list of Instructors who will teach Courses on behalf of LTP.
1.4. Only sponsor, promote, and teach Courses and otherwise perform under this Agreement within the United States of America and its territories ("U.S."), as the Red Cross is only permitted to operate within the U.S.
1.5. Permit Red Cross to enter upon LT's premises and perform random observations of LTP's Courses.
1.6. Enter accurate and complete records for each completed Course ("Course Records"), along with all other requested information, into the Red Cross's Learning Management System or any similar, successor system ("LMS") within ten (10) calendar days of each completed scheduling instance of a Course (each such instance hereinafter referred to as a "Class") and comply with all terms and conditions of the LMS during such use.
1.7. Only issue Course completion certificates, using Red Cross-approved systems and forms, to students who have successfully completed a Course that has been administered by Instructors in compliance with this Agreement (it being understood that Red Cross may invalidate any Course completion certification not issued in conformity with this section 1.7).
1.8. Pay all fees payable under this Agreement when due, in accordance with section 5 below.
1.9. Maintain insurance or self-insure to cover its performance under this Agreement, as Red Cross insur- ance does not extend to LTP or its Instructors.
2. License to Course Materials; CPS.
2.1. Red Cross is the owner of Course Materials. Subject to the terms and conditions of this Agreement, Red Cross hereby grants LTP a limited, non-exclusive, non-transferrable, and non-sublicensable license to publicly display and perform, Course Materials solely for the purpose of conducting Courses authorized under this Agreement. LTP may not revise, edit or create derivative works of Course Materials, in whole or in part.
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2.2. Course Materials will be made available to LTP by digital download or other means as determined by Red Cross. LTP shall only obtain Course Materials for Courses that LTP is authorized to provide, and only through distribution means authorized by Red Cross.
2.3. Any certificates memorializing the successful completion of any Course may be issued only through the LMS. LTP has no right or authorization to design or create its own Course completion certificates.
2.4. LTP shall use reasonable efforts to protect the Course Materials from use not permitted under this Agreement. This Agreement does not constitute a transfer of ownership rights in the Course Materials.
LTP shall not use facts and information from the Course Materials to create its own courses and course materials.
2.5. LTP may, from time to time, at its election, participate in Red Cross's Class Posting Service ("CPS").
Using the CPS, licensed training providers of Red Cross may advertise the availability of courses to prospective students on Red Cross's on-line store, for additional fees. LTP agrees that its participation in the CPS will be governed by the terms and conditions contained in Red Cross's CPS User Guide, as the same may be amended from time to time. Red Cross may suspend or terminate the CPS with respect to all licensed training providers, including LTP, at any time or from time to time, in its sole discretion.
3. Use of Names and Marks.
3.1. Red Cross grants LTP the limited, non-exclusive, non-transferable and non-assignable license in the U.S. to use the name and logo of the Red Cross in the format set forth in the Guide (the "Authorized Mark") solely to promote that LTP is an authorized provider of the Courses, and subject to all restrictions herein this Agreement and the Policies.
3.2. Except as expressly provided in this Agreement, neither Party may use the other Party's name(s), logos trademarks or other intellectual property in marketing materials, press releases, presentations other than Courses, or otherwise without the advance written consent of the other Party, which consent may be granted or withheld in the other Party's sole discretion.
3.3. LTP shall not state or imply that that Red Cross sponsors or endorses LTP's business, products or ser- vices generally, or that any other training courses and services other than the Courses, are owned or endorsed by or otherwise associated or affiliated with Red Cross.
3.4. LTP shall not (i) create a compound mark with the Authorized Mark or (ii) use the Authorized Mark with any other design, slogan or trademark when such combination would tend to cause confusion as to source or affiliation.
3.5. LTP shall not in any instance, use a Greek red cross design in association with its business, goods and/or services.
4. Term and Termination.
4.1 This Agreement will be effective as of the Effective Date listed above and ends on the day before the thirty-six (36) month anniversary thereof, unless earlier terminated as provided below.
4.2 Red Cross may immediately terminate this Agreement if LTP breaches this Agreement. Red Cross may also terminate this Agreement if LTP breaches the terms of the CPS.
4.3 Either Party may terminate this Agreement with advance written notice to the other Party of at least thirty (30) days.
4.4 Notwithstanding expiration or any termination of this Agreement, the provisions of this Agreement will continue to govern with respect to any amounts payable to Red Cross for Courses completed prior to such expiration or termination. The Parties' obligations under section 7 below will also survive expira- Red Cross Licensed Training Provider Agreement - r.08.04.2022 Page 2 DocuSign Envelope ID: 9F3BA754-EB2E-4028-9282-C73F2C902A24 American Training Services
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5. Fees and Invoicing.
5.1 LTP will remit payment by credit card upon entry of Course Records into LMS; or will be invoiced, if approved. All fees for CPS are non-refundable and will be paid by credit card at the time LTP submits the Class for posting.
5.2 For each Class enrollee, LTP will be charged the per-student license fee that is applicable to that Course.
Courses are included within the product package(s) listed on Appendix B. Fees for Courses are set forth in the price list attached to Appendix B.
5.3 Red Cross may approve or deny LT's request to be invoiced at Red Cross's sole discretion. Invoices will be sent via postal mail, may be issued up to four (4) times per month, and will include all transactions submitted in that billing period. Payment in full is due thirty (30) days from the date of each invoice. Past due amounts will be subject to collections actions and may be referred to an external collection agency.
In such an event, Red Cross will be entitled to all costs of collection including interest, reasonable attorney's fees and litigation expenses, and collection agency fees and expenses. LTPs with high credit risk or late payments may also result in the suspension or termination of LTP's invoicing privileges at Red Cross's sole discretion. Credit card payment upon submission of Course Records will be required if invoicing privileges are suspended or terminated, and such payment will be a condition to LTP's continued access to Course completion certificates from and after such suspension or termination.
5.4 If approved for invoicing, LTP may elect to have invoices delivered electronically to one (1) email address. LTP will provide Red Cross a single valid email address for electronic invoice delivery. LTP will receive a link in the email to a PDF copy of the invoice, which link will expire after thirty (30) days. LTP understands that LTP will not receive an invoice via postal mail after enrollment in electronic invoice delivery.
5.5 If LTP desires that invoices issued by Red Cross reflect LTP-issued purchase order numbers, then any such purchase order must be received by Red Cross at least ten (10) business days prior to the Class date; it being understood that under no circumstance will the absence of an LTP-issued purchase order number on any invoice excuse LT's timely payment of that invoice.
5.6 To pay an invoice by credit card or to establish ACH payments, call 888-284-0607. To pay an invoice by check, include the remittance advice showing the LTP account name, customer number and invoice number, and send to:
American Red Cross - Training Services
25688 Network Place
Chicago, IL 60673-1256
5.7 If LTP desires that Red Cross use LT's vendor payment portal, Red Cross will not be obligated to pay LTP or any third party any fee or expense for such use, regardless of any provision to the contrary in such portal's terms of use. LTP will, on demand, promptly reimburse Red Cross for any such fee or expense.
5.8 If LTP has account balance or invoice questions or concerns, immediately upon receipt of invoice, LTP may email [email protected] or call 888-284-0607 to report and resolve the inquiry.
5.9 At least annually, Red Cross will review its national Course price list, and may increase its prices for Courses. Red Cross will notify LTP of any such increase. Such notice (which Red Cross may send to LTP's contact for notices or contact for billing in Appendix A) will specify the date on which the increase will take effect under this Agreement. That date will be at least thirty (30) days after the date of such notice.
As of that effective date, prices under this Agreement will automatically be modified to reflect such increase without need for the Parties to take any other action, including (without limitation) the execution of any separate modification of, or amendment to this Agreement.
5.10 If the Red Cross determines that any course offered by the LTP and/or its Instructors is not taught in accordance with Red Cross Policies, the LTP will be responsible for any costs associated with Red Cross Licensed Training Provider Agreement - r.08.04.2022 Page 3 DocuSign Envelope ID: 9F3BA754-EB2E-4028-9282-C73F2C902A24 American Training Services
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the re-training of course participants. Red Cross, at its sole discretion, will determine the appropriate party to conduct the re-training, which may include the LTP or any Red Cross employee, volunteer, or third-party licensed training provider.
6. Notices. Each Party's contacts for notices and billing under this Agreement is listed on Appendix A
7. Confidentiality. Except as required by applicable law or otherwise provided herein, LTP will maintain in confidence the pricing information set forth in Appendix B.
8. Intellectual Property.
8.1 Red Cross reserves all rights not expressly granted herein, in its registered and common law trademarks, service marks, names, emblems, logos and designs including without limitation, the Authorized Mark (the "Red Cross Marks"), and in the Course Materials in whole or in part (collectively the "Red Cross IP").
8.2 LTP acknowledges and agrees that the Red Cross IP is and shall remain the property of Red Cross, and that the license granted under this Agreement does not constitute a transfer to LTP of any ownership rights in the Red Cross IP. Further, the Parties agree and acknowledge that LTP's use of the Red Cross IP shall inure solely to the benefit of Red Cross.
8.3 LTP shall not commit, or cause any third party to commit, any act challenging, contesting or in any way impairing or attempting to impair Red Cross's right, title and interest in and to the Red Cross IP, includ- ing seeking registration of the Red Cross IP in whole or in part, or of any confusingly similar trademark or service mark anywhere in the world or incorporating LT's business under the Red Cross Marks or any aspect of the Red Cross Marks or any name confusingly similar to the Red Cross Marks.
8.4 Upon the expiration or termination of this Agreement, all rights in the Red Cross IP herein granted to LTP immediately expire, and LTP will immediately cease all use of the Red Cross IP.
9. Miscellaneous.
9.1 Severability. In the event any provision of this Agreement is held invalid, illegal or unenforceable (any such provision, an "Invalid Provision") in any jurisdiction, the Red Cross and the LTP shall promptly negotiate in good faith a lawful, valid and enforceable provision that is as similar in terms to such Invalid Provision as may be possible while giving effect to the future benefits and burdens accruing to the Parties hereunder. But, in no way will the Invalid Provision affect the validity or enforceability of any other portion or provision of this Agreement, regardless of the ability of the Parties to negotiate a new provision.
9.2 Independent Contractors. Each Party is an independent contractor with respect to the other, and nothing herein shall create any partnership, franchise, or joint venture between the Parties or an employer-employee or agency relationship. No agent, employee or servant of any Party shall be, or shall be deemed to be, the employee, agent or servant of the other Party, and each Party shall be solely and entirely responsible for its acts and the acts of its agents, employees and servants.
9.3 Assignment. LTP may not assign its rights under this Agreement, or delegate its obligations, in whole or in part, without the prior written consent of Red Cross. Any attempted assignment or delegation in violation of the foregoing will be null and void.
9.4 Governing Law. The Agreement is governed by the laws of the District of Columbia, without giving effect to its choice or conflict of law rules.
9.5 Inapplicability of Procurement Terms. This Agreement is not a contract for the purchase, sale, or use of personal property or for the rendering of personal or professional services by Red Cross. It is only a Red Cross Licensed Training Provider Agreement - r.08.04.2022 Page 4 DocuSign Envelope ID: 9F3BA754-EB2E-4028-9282-C73F2C902A24 American Training Services
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limited license in Red Cross IP. It is, therefore, not subject to policies, regulations, terms, conditions, or other requirements of LTP or any third party (including, but not limited to, the Federal Acquisition Regulation and any agency supplement thereto, and the U.S. Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) that relate only to suppliers and vendors of goods or services. Under this Agreement, Red Cross will not carry out part of any Federal award received by LTP. Neither Red Cross, the host of its LMS, nor any other vendor to Red Cross in connection with this Agreement, will act as, nor may any of them be deemed, (i) a first-tier or lower-tier subcontractor or sub-grantee to LTP under any prime contract or grant, or (il) a first-tier or lower-tier sub-processor of personal or other data for LTP or any third party.
9.6 Data Processing. Red Cross operates the LMS as a nationwide system of course certification. It does not operate the LMS as a service to, or as an agent or for the benefit of, LTP. Insofar as Red Cross collects, processes, transmits, stores, or otherwise manages data, including personal data, contained in Course Records, it will not be doing so for, or on behalf of, or as a service to, LTP. Red Cross retains all rights in and to the LMS and any Course Records uploaded by LTP into the LMS.
9.7 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings and representations, both written and oral, between the Parties with respect to the subject matter of this Agreement.
9.8 Amendments and Waivers. Amendments, addenda and waivers to this Agreement will be effective only if made, in each case, by a non-preprinted document clearly understood by both Parties to be an amendment, addendum or waiver, as the case may be, and signed by both parties. Any additional or different terms or conditions contained in any purchase order, confirmation, receipt, invoice, click- through agreement, or similar documents will not be binding on either Party, whether or not such terms and conditions would materially alter this Agreement (and even if the receiving Party has signed or otherwise acknowledged such purchase order, confirmation, receipt, invoice, click-through agreement or similar document), and each Party hereby rejects all such additional or different terms and conditions.
The Parties, acting through their duly authorized officers, have executed this Agreement, which shall come into force as of the Effective Date. Execution of this Agreement confirms LTP's receipt of the Training Provider Re- source Guide, which may be updated from time to time.
LTP Name: City of Reedly The American National Red Cross LTP Signature: Red Cross Signature Cam Die.
Name: Nicole R. Zilba Name: Tara Deffley
Title: City Manager Title: Training Representative
Date: Date: 10/24/2022
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Licensed Training Provider Agreement
Appendix A - Contact Information
Licensed Training Provider (LTP) Information
LTP: City of Reedly
LTP Address: 100 N East Ave LTP Fax:
Reedley CA 93654
LTP Account Number: 05112RCC
LTP Contact: Sarah Reid
LTP Contact Email: [email protected]
LTP Contact Phone: (559) 637-4203 Extension:
(NOTE: All Billing Contact information MUST be completed for a specific individual; not a system/generic email) LTP Billing Contact Name: Sarah Reid
LTP Billing Contact Phone: (559) 637-4203 Extension: 234 LTP Billing Contact Email: [email protected]
LTP Billing Address: 100 N East Ave Reedley CA 93654
LTP DUNS Number:
Email for Invoice Delivery (if electing electronic invoice delivery):
Notices to be delivered to LTP Contact, above.
Red Cross Strategic Account Executive
Name: Tara Deffley
Phone: 510-227-7527 Ext.: Email: [email protected] Legal Notice to be delivered to your Red Cross Strategic Account Executive with a copy to The American National Red Cross, Office of the General Counsel at 431 18TH Street NW, Washington, DC 20006.
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Appendix B - Product Packages and Price List
Product Packages(s)
AP/LTP-Aquatics Other
AP/LTP-Lifeguarding
AP/LTP-Babysitters Training
AP/LTP-Bloodborne Pathogens
AP/LTP-CPR/AED for the Prof Rescuer
AP/LTP-FA/CPR/AED
AP/LTP-FA/CPR/AED Add-Ons
(Price List Attached)
Additional Product Packages can be added as needed. Please contact your Red Cross representative as listed on Appendix A.
Learn to Swim (LTS) Facility Fee - per pools) Location
Annual Volume of Enrollees
LTS Facility Fee Facilities that offer Red Facilities that do not offer Completion Cards (required to teach LTS Cross Lifeguarding Red Cross Lifeguarding Included Program)
0-75 $200 $240 75
76-500 $300 $360 500
501-999 $650 $780 1000
1000+ $975 $1,170 1500
Customers with Partner Access may register for LTS and pay the LTS facility fee by submitting a request through the American Red Cross Learning Center: https://www.redcrosslearningcenter.org Partner Access can be requested through your Red Cross representative as listed on Appendix A.
Customers without Partner Access can call 1-800-RED-CROSS (800-733-2767) to register and pay via credit card by phone.
Equipment and Materials
Training equipment, materials and other supplies may be purchased through your Red Cross representative as listed on Appendix A. or www.RedCrossStore.org.
Method of Payment
Preferred Payment Type Credit/Debit Card
Red Cross Licensed Training Provider Appendix B (AQ) r.10.18.2019
REEDLEY
REEDLEY CITY COUNCIL
ORI
Consent
Regular Item
Workshop
Closed Session
Public Hearing
ITEM NO: 7
DATE: November 8, 2022
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE A 60 MONTH COPIER LEASE AGREEMENT WITH POWER BUSINESS
TECHNOLOGY, LLC FOR EIGHT (8) REPLACEMENT DIGITAL COPIER
DEVICES & SUPPORTING MAINTENANCE SERVICE
SUBMITTED: Paul A. Melikian, Assistant City Manager
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Request Council approval of the attached 60-month lease with Power Business Technology, LLC for eight (8) replacement copiers and supporting maintenance service for the Police, Administrative Services, and Public Works departments, and authorize the City Manager or designee to execute the lease documents on behalf of the City.
EXECUTIVE SUMMARY
Leasing copiers and similar equipment is a common practice for public agencies, including the City of Reedley, due to the large capital outlay (cost) required to purchase these devices, and the need for up to date and reliable equipment that serves an important supporting role of daily operations.
The current 60-month lease for eight (8) copy machines used by the Police Department, Public Works and City Hall operations, approved by the City Council on October 24, 2017, expires next month. Staff solicited proposals from the City's current vendor, Power Business Technology, LLC and three other vendors. Of the four vendors contacted, three responded with competitive proposals.
After a thorough review of factors such has quality of product, service, cost and maintenance support, staff recommend retaining the City's current vendor for a successor 60-month lease. The proposed lease arrangement is anticipated to save the City $742.75 per month, or $44,565 over the 60-month term of the new lease over the current cost, based on current usage levels. The City's four (4) other leased copier devices are covered under a separate lease that expires March 2026.
FISCAL IMPACT
Based on current usage, there is an estimated savings to the City of $742.75 per month, or $44,565 over the 60-month term of the new lease over the current cost.
ATTACHMENTS
Monthly Cost Analysis for current situation vs. the proposed copier lease Standard Lease Documents
OWEN
BUSINESS/ CHNOLOG City of Reedley
Current Situation and
Associated Average Monthly Expense
Average Monthly Usage
Location/ID Equipment Black Pages Color Pages Expenses
PD Records Toshiba e-Studio 4505AC 3,071 2,868
C58758 45 Black Pages/ Minute & 45 Color Pages/ Minute
PD Recept. Toshiba e-Studio 3505AC 2,027 1,648
C58756 35 Black Pages/ Minute & 35 Color Pages/ Minute
PD Admin Toshiba e-Studio 3505AC 842 1,137
C58757 35 Black Pages/ Minute & 35 Color Pages/ Minute
PD Dispatch Xerox B400dn 2,355 0
C57785 40 Black Pages/ Minute & 0 Color Pages/ Minute
PD Annex Xerox C405dn 300 520
C57790 36 Black Pages/ Minute & 36 Color Pages/ Minute
Finance 1 Toshiba e-Studio 4505AC 2,581 2,817
C58759 45 Black Pages/ Minute & 45 Color Pages/ Minute
Finance 2 Toshiba e-Studio 4508A 4,671
C58755 45 Black Pages/ Minute & 0 Color Pages/ Minute
Public Works Toshiba e-Studio 3540c 318 275
C26582 35 Black Pages/ Minute & 35 Color Pages/ Minute
Monthly Lease Payment... $ 1,326.60
Operating Expenses for 16,175 B/W Pages & 9,265 Color Monthly $ 1,045.30 Total Current Monthly Usage & Expenses... $2,371.90
POWER
BUSINESS/TECHNOLOGY City of Reedley
Proposed Solution and
Associated Average Monthly Expense
-
Average Monthly Usage
Location/ID Equipment Black Pages Color Pages Expenses
PD Records Toshiba e-Studio 4525AC 3,071 2,868
NEW 45 Black Pages/ Minute & 45 Color Pages/ Minute
PD Recept. Toshiba e-Studio 3525AC 2,027 1,648
NEW 35 Black Pages/ Minute & 35 Color Pages/ Minute
PD Admin Toshiba e-Studio 3525AC 842 1,137
NEW 35 Black Pages/ Minute & 35 Color Pages/ Minute
PD Dispatch Toshiba e-Studio 409S 2,355
NEW 40 Black Pages/ Minute & 0 Color Pages/ Minute
PD Annex Toshiba e-Studio 400AC 300 520
NEW 42 Black Pages/ Minute & 42 Color Pages/ Minute
Finance 1 Toshiba e-Studio 4525AC 2,581 2,817
NEW 45 Black Pages/ Minute & 45 Color Pages/ Minute
Finance 2 Toshiba e-Studio 4528A 4,671
NEW 45 Black Pages/ Minute & 0 Color Pages/ Minute
Public Works Toshiba e-Studio 3525AC 318 275
NEW 35 Black Pages/ Minute & 35 Color Pages/ Minute
60 Month FMV Lease... $1,035.50
Power's All-Inclusive Service Program
Includes unlimited parts, labor, network device support & toner (excluding paper, staples & raw freight illing Pool #1: Toshiba - B/W based on 13,500 Impressions/mo. Add'l. pages billed monthly @ $0.0079 per pg.
Billing Pool #2: Toshiba - Color based on 9,000 Impressions/mo. Additional pages billed monthly @ $0.048 per pg.
Billing Pool #3: Toshiba - B/W based on 3,000 Impressions/mo. Additional pages billed monthly @ $0.01 per pg.
Billing Pool #4: Toshiba - Color based on 500 Impressions/mo. Additional pages billed monthly @ $0.05 per pg.
Operating Expenses for 16,500 B/W& 9,500 Color Mo. $593.65 Total Proposed Monthly Usage & Expenses... $1,629.15
Savings Over Term with New Program... $742.75
Savings Over Term with New Program... $44,565.00
• Upon Acceptance of New Toshiba Equipment, PBT to Issue up to $1,439.03 to settle existing Toshiba Lease #900-0273368- 000. Upon Receipt of Return Instructions, PBT to Pick-Up & Return all Current Copiers associated to Lease #900-0273368- 000 at No Charge.
Please Add California Sales Tax - Set-up & Delivery & Digital Connectivity - A3 Device $450.00 ea. - A4 Device $75.00 ea. Waived! POWER Invoice
BUSINESS TECHNOLOGY
Power Business Technology, LLC Date: 11/01/22
Experience how the POWER of FAMILY can help YOUR business Invoice # Bill to Company: CITY OF REEDLEY Ship to Company: CITY OF REEDLEY Bill to Address: 845 "G" STREET Ship to Address: 845 "G" STREET Address Line 2: Address Line 2:
City, State, Zip: REEDLEY, CA 93654 City, State, Zip: REEDLEY, CA 93654 Billing Contact & Phone: STELLA PARRA (559) 637-4200 Meter Contact & Phone:
(559) 637-4200
Billing Email: [email protected] Meter Email:, Sales Representative Lease Company Payment w/o Tax Type of Sale Lease Inci MA Type of Customer
JON CROSSEN Yes New Customer
Qty Model/item # Description
Total
2 TOSHIBA E-STUDIO 4525AC DIGITAL COLOR COPY SYSTEMS
TOSHIBA E-STUDIO 3525AC DIGITAL COLOR COPY SYSTEMS
TOSHIBA E-STUDIO 4528A DIGITAL COPY SYSTEM
60 Month "Total Copy" Program @ $1,042.50 per mo. + taxes Program includes above equipment & the following pages monthly: (Toshiba) 0B/W & 0 Color Additional impressions reconciled Monthly at the following rates: (Stand aloneToshiba) B/W @ $0.0079 & Color @ $0.048 ea. & (Desktop Toshiba B/W @ $0.01 & Color @ $0.05 ea.). $99.00 (One-Time) documentation fee to be billed by leasing. • Upon Acceptance of New Toshiba Equipment, PBT to Issue up to $1,439.03 to settle existing Toshiba Lease #900-0273368-000. Upon Receipt of Return Instructions, PBT to Pick-Up & Return all Current Copiers associated to Lease #900-0273368-000 at No Charge.
Del/Freight/Install
• Upon Acceptance of New Program, PBT to include (1) Toshiba e-Studio 400AC, (1) Toshiba e- Connect/Network Studio 409S & (1) Embedded OCR Enabler for ID# PB5255 at no additional charge. Systems to be included under the City's Master Service plan. Lease Doc Fee Subtotal $
Sales Tax 9.225%
Total
Maintenance Agreement (Excludes Paper & Staples)
TOSHIBA B&W Images Incl B&W Base Charge
B&W Billing Frequency B&W Excess Charge B&W Excess Billing Frequency A3 - Black & White 13,500 $ 96.00 Monthly 0.0079 Monthly Color Images Incl Color Base Charge Color Billing Frequency Color Excess Charge Color Excess Billing Frequency A3 - COLOR 9,000 $ 300.00 Monthly $ 0.0480 Monthly
BEW Images Inci BaW Base Charge B&W Billing Frequency B&W Excess Charge BaW Excess Billing Frequency A4 - Black & White 3,000 $ 30.00 Monthly $ 0.0100 Monthly Color images inci Color Base Charge Color Billing Frequency Color Excess Charge Color Excess Bling Froquency A4 - COLOR 500 $ 25.00 Monthly $ 0.0500
Monthly
Love Busines Termies y igning this agreement the customer is acknowledging and accepting sole nandia responsibly for curent remaining contractual obligations with exting company other than Lease Company Lease Number Asset Description Asset Action CIT 900-0273368-000 Return
Authorized Signature Date Print Name/Title
Make all checks payable to: Power Business Technology, LLC Thank you for your business!
1020 Winding Creek Rd., Ste 150, Roseville, CA 95678
1 of 2
All plans are subject to the terms and conditions below Power Business Technology, LLC (PBT) provides labor, travel, supplies that are necessary to maintain the device in working condition. Copiers (A3 device) include all maintenance parts including photoconductor drums, toner, developer, toner waste bags and all requested periodic preventative maintenance. Printers (A4 device) include only consumable parts including rollers, fusers, drums, PM kits and all requested periodic preventative maintenance. The following are not included and are at the customers own expense: Cassettes, exit trays, staples, and paper. Sales tax will be charged upon invoicing of all items listed above per Board of Equalization (BOE) regulations.
Term: This Copier/Printer Maintenance Contract (Contract) shall be for the agreed upon term of service as stipulated on the sales invoice (effective date of installation/ implementation). This Contract shall automatically be renewed for successive one-year terms unless terminated sooner by either party with 30 days prior written notice to the other party. Contract is subject to an annual rate increase. Any unused supply items such as toner, developer, toner waste bags, fusers, PM kits, and drums, become the property of Power Business Technology, LLC (PBT) and should be returned to avoid additional charges.
2. Key Operator; Access to Copier: Customer shall provide PBT with a "key operator" contact who will perform basic duties and responsibilities as described and instructed by PBT on an as needed basis. For example, but not by way of limitation, the key operator is responsible to notify PBT of the need for required periodic preventative maintenance inspections. Such inspections may be performed at the discretion of PBT at the time of an emergency call. Customer is responsible for providing meter reads for contract billing when requested by PBT. Customer's facility must meet PBT's and copier manufacturer's recommended electrical requirements and PBT shall have full access to the copier at any given time. For all copiers under maintenance contract, PBT reserves the right to have the copier automatically report the meter reads by fax and/or email. Upon request from customer, PBT will have a copy of the meter reads sent to the customer's email address on file. The Customer agrees to allow PBT to install data collection software for the purpose of automating the capture of device counts and other pertinent information used in managing the account. The information collected is limited to device serial number, IP address, meter, supply usage, notes, device location, and device alerts.
Maintenance Service: PBT agrees to provide maintenance service Monday through Friday, from 8:00 a.m. to 5:00 p.m. excluding holidays, and keep the covered devices in working order in accordance with PBT's specifications at no extra charge. PBT shall have no obligation to provide maintenance if it is commercially impracticable due to a cause beyond PBT's control. Parts may be new or used; however, all used parts shall meet or exceed manufacturer's specifications.
4. Extra Charges: All service calls made before or after PBT's service hours set forth in paragraph 3, on weekends or holidays and/or to locations other than the installation address, shall be invoiced to customer at PBT's then prevailing rates. These rates are subject to change without notice. Any third-party fees that PBT incurs as a result of this contract will be the responsibility of the customer. PBT will invoice the customer for these fees.
5. Technological Enhancements to Device: If customer implements any technological enhancements including but not limited to, connecting a copier/printer to personal computers), using the device as a network printer and scanner, customer agrees to strictly comply with all hardware and software specifications and any amendments which PBT furnishes. If customer does not comply with the specifications, PBT may immediately terminate this Contract. Customers who add any technological enhancements are solely responsible and liable for the maintenance of any computers, software and any computer network. Customer is also solely liable for any third party who performs services in connection with any technological enhancement. PBT shall not be responsible for any damage to computers, software or any other related technology when repairing or maintaining a copier/printer. Customer agrees to not reverse engineer or decompile any of the Licensed Software that is not in source code format or assist or otherwise racilitate others to do so, except as and only to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing. In the event Customer intends to reverse engineer or reverse compile all or any portion of Licensed Software pursuant to statutory rights Customer may have, Customer must notify PBT and Manufacturer in writing prior to doing so.
6. Exclusions: Maintenance service is contingent upon proper use of the copier/printer. This Contract does not include:
A. Electrical work.
B. Repair, paying damages, overhauls or services resulting from; accident, transportation, negligence, fire, theft, water damage, flood damage, acts of God, misuse or other than ordinary use, failure of electrical power, failure of telecommunication line, unauthorized modification of equipment (including supplies not supplied or authorized by PBT), work performed by other than PBT representatives or malfunction of affiliated equipment not covered by this Contract.
Repairs resulting from unauthorized relocation of the copier/printer by anyone other than PBT. PBT reserves the right to remove the damaged device from this contract based upon damage to the copier/printer, or charge Customer at prevailing rates to repair damages.
D. Making specification changes or performing services connected with the relocation of equipment and adding or removing accessories, attachments or other devices.
E. Service which PBT determines is impractical due to alterations in the copier/printer or the connection by mechanical or electrical means to another machine or device.
Service on a device which PBT determines is in an unsuitable place of installation, in an unsafe or hazardous environment, or if the back of the device is inaccessible to prevent a technician from servicing the device. Further, service on a device where PBT determines that the service is due to adverse atmospheric conditions such as chemical vapors, excessive dust and airborne particles, excessive temperature (heat or cold) or excessive humidity.
G. Any services resulting from a customer's failure in PBT's opinion to strictly comply within the specification referred to in paragraph 5 concerning technological enhancements.
H. Relocations are not covered under the maintenance agreement. For relocations, please contact PBT for fees and additional charges, that may apply, and to schedule your move.
7. Networking and Connectivity: Network copier/printer related support after the initial installation/network charges will be included for all-inclusive service contracts. All other contract types will be charged for networking at PBT's current prevailing network rates. Networking is defined as any and all work related to data flow between the covered copier/printer and customer's computers, software or computer network. Any network service outside of this scope may be deemed billable.
Overages and Cost Adjustments: Customer agrees to any billing procedures designated by PBT, including notification of the meter reading at the end of each billing cycle. One page is equal to a single-sided 8.5" × 11" copy or print. Scans in excess of pages are subject to charge. If Customer has multiple devices at the installation address, which use the same supplies provided under this Contract, all devices using the same supplies must be covered under an active Contract. If Customer does not have all devices capable of using the same supplies covered under a Contract, PBT reserves the right to cancel the Contract or require the Customer to place the additional device(s) under Contract immediately. Color toner and developer supplies will be provided for production of pages, with an average 20%-page coverage. Supplies required for production in excess of 20%-page coverage will be invoiced separately.
9. Freight Consumable Charges: PBT offers two freight programs on consumable items, such as toner and toner waste bags. 1) Traditional Freight Program: Customer pays freight on a per item shipped basis to be billed by PBT at standard shipping rates. 2) Flat Rate Shipping Program: Customer to pay monthly freight service charge of $1.00 per printer on all printers (A4 devices) and $3.50 per copier on all copiers (A3 devices).
10. Hard Drive Information: All information processed and stored on the copier is the sole property and responsibility of the Customer. Additional data security services outside of the standard data security features on the copier are the responsibility of the customer.
11. Refunds: Charges relative to this Contract are not refundable either partially or fully. However, if cancellation is affected by PBT then any refund shall be prorated. Upon cancellation, all unused supplies, if not returned to PBT will be billed to customer and shall be immediately due and payable.
Contract Transfer: This Contract shall not be assignable or transferable by customer without PBT's prior written consent. PBT may terminate this Contract if copier/printer is sold or transferred to a third party. PBT reserves the right to adjust the Contract pricing, terminate this Contract, and/or assign the service of any copier/printer which has been relocated more than 60 miles from PBT's nearest Service Center. If copier/printer is no longer in customers possession, the customer must submit a 30-day written cancellation notice prior to this Contract being cancelled.
13. Limited Remedies: In no event shall PBT be liable for special, consequential, exemplary, indirect or incidental damages beyond the cost to repair or replace a defective part and maintenance service. While PBT endeavors to promptly address any emergency and maintain the copier/printer which is the subject of this Contract, PBT shall not be liable for any damages for any alleged failure to make repairs and/or maintain the copier/printer including any claim that the repair or maintenance was not timely. For example, but not by way of limitation, PBT is not responsible for any damages for loss of use of the copier/printer. Such excluded damages would include a Customer paying a third party to make copies or if customer is unable to make copies because of a copier/printer breakdown.
14. Payment; Default: Customer shall pay PBT within 10 days of the date of the invoice. If customer breaches this Contract including failing to timely pay PBT's invoice, PBT at its sole discretion may in addition to any other legal remedies (i) immediately terminate this Contract or (i) suspend service until payment is made in full and PBT is assured to its satisfaction that (a) future payments will be made or (b) that the default is cured. In addition to the other remedies provided in this Contract, if the customer fails to pay PBT's invoice within 60 days from the date of the invoice and PBT has not terminated this Contract, PBT may require customer to authorize an electronic funds transfer to PBT. All remedies provided in this Contract are cumulative and PB's failure to exercise any of the remedies shall not be deemed a waiver of such remedy for any future or continuing default. Upon receipt of the first payment, customer is agreeing to all terms & conditions stated herein.
15. Forum Selection: Any dispute that arises under or relates to this Contract (whether contract, tort or both) shall be resolved in the State courts of Placer County, California which shall be the exclusive venue for the resolution of any disputes. By signing this Contract, customer submits to the jurisdiction of the Placer County Courts. This is a material term of Contract.
16. Managed Print Services (MPS): Additional terms and conditions include the following:
A. Customer is required to immediately notify PBT upon installation/removal of any equipment capable of being covered under this Contract.
B. Customer is required to install the meter collection tool to prevent calling for meter reads. Customer is also responsible for insuring meters are reporting electronically monthly and are required to work with PBT to make sure all devices are reporting.
C. If the MPS contract is cancelled, the printer supplies shipped to the Customer from service end date to 60 days prior may be deemed chargeable to the Customer at a pro-rated amount. Any excess MPS supplies at the customer site(s) must be returned to PBT stock or will be billed to the customer.
D. If a printer reaches the end of useful life, either by years or prints, PBT will deem this machine excluded from the MPS program and will cease all supply and service requests.
E. All supplies will be high-yield compatible, unless otherwise noted
17. Miscellaneous: This Contract constitutes the final, complete and exclusive statement of the Terms of the Contract between the parties pertaining to maintenance of the copier and supersedes all prior and contemporaneous understandings or agreements of the parties. A signed facsimile or copy of this Contract shall be deemed as effective as an original. This Contract may be supplemented, amended or modified only by the mutual written agreement signed by both parties. Any delay or omission on the part of PBT in exercising any right shall not operate as a waiver of such right or any other right, and no prior waiver or any course of dealing shall constitute a waiver of PBT's right or customer's obligations as to any future transactions. PBT reserves the right to change the terms & conditions herein without notice. In any action to enforce any provision of this Contract, the losing party shall pay the prevailing party's attorney's fees (recovered as an item of cost) and any other costs. Further, customer shall be liable to pay PBT's pre- litigation attorney's fees such as demand letters and negotiations with respect to enforcing this Contract.
TOSHIBA
Application
FINANCIAL SERVICES
CUSTOMER INFORMATION
LEGAL COMPANY NAME ADDRESS
CITY OF REEDLEY 845 "G" STREET
CITY STATE ZIP PHONE
FEDERAL TAX I.D. #
REEDLEY CA 93654 (559) 637-4200
94-6000402
CONTACT PERSON TYPE OF BUSINESS
DOB
• Corporation • Proprietorship *If selected Date of Birth is required: • Partnership
E-MAIL ADDRESS
STATE OF INCORPORATION
PERSONAL DATA
Personal data is required for customers with less than 10 employees and/or 5 years in business.
NAME OF OWNER #1 TITLE NAME OF OWNER#2
TITLE
ADDRESS CITY/STATE/ZIP ADDRESS
CITY/STATE/ZIP
HOME PHONE DATE OF BIRTH
HOME PHONE DATE OF BIRTH
SOCIAL SECURITY # OWNERSHIP %
SOCIAL SECURITY# OWNERSHIP %
Each individual signing below certifies that the information provided in this credit application is accurate and complete. Each individual signing below authorizes us or any assignee or funding source which may be utilized (collectively referred to as "Lenders") to obtain information from the references listed above and obtain a consumer credit report that will be ongoing and relate not only to the evaluation and/or extension of the business credit requested, but also for purposes of reviewing the account, increasing the credit line on the account (if applicable), taking collection action on the account, and for any other legitimate purpose associated with the account as may be needed from time to time. Each individual signing below further waives any right or claim which such individual would otherwise have under the Fair Credit Reporting Act in the absence of this continuing consent.
X
OWNER #1 - SIGNATURE SIGNER'S PRINTED NAME
DATE
X
OWNER #2 - SIGNATURE SIGNER'S PRINTED NAME
DATE
ECOA NOTICE (TO BE RETAINED BY APPLICANT)
Thank you for your business credit application. We will review it carefully and get back to you promptly. If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain that statement, please contact us within 60 days from the date that you are notified of our decision. We will send you a written statement of the reasons for the denial within 30 days of your request for the statement. NOTICE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with this law is the Bureau of Consumer Financial Protection, 1700 G Street NW., Washington DC 20006.
IMPORTANT NEW CUSTOMER INFORMATION
To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify and record identifying information on new customers.
The personal data requested above will allow us to identify each person signing this application. We may also ask for copies of driver's licenses or other identifying documents.
TFS APPLICATION (SHORT FORM) - Rev. 06/01/2017
LEASE WITH MAINTENANCE AGREEMENT
TOSHIBA TOSHIBA
FINANCIAL SERVICES
APPLICATION NUMBER AGREEMENT NUMBER
The words you and your, refer to the Customer. The words Lessor, we, us, and our, refer to Toshiba Financial Services. The Toshiba Equipment is covered by the terms of the Toshiba Quality Commitment, a copy of which may be obtained from your service provider. We own the Equipment, as defined below, (excluding software) and you have the right to use it under the terms of this Agreement.
CUSTOMER CONTACT INFORMATION
Legal Company Name: CITY OF REEDLEY Fed. Tax ID#:
94-6000402
Contact Person: Bill-To Phone:
(559) 637-4200 Bill-To Fax:
Billing Address: 845 "G" STREET City, State - Zip: REEDLEY CA 93654
Equipment Location:
(if different than above) City, State - Zip:
DEALER LOCATION
Contact Name: Location:
EQUIPMENT WITH CONSOLIDATED MINIMUMS
ITEM DESCRIPTION MODEL NO
SERIAL NO. STARTING METER
TOSHIBA E-STUDIO 4525AC
TOSHIBA E-STUDIO 4525AC
TOSHIBA E-STUDIO 3525AC
TOSHIBA E-STUDIO 3525AC
TOSHIBA E-STUDIO 3525AC
TOSHIBA E-STUDIO 4528A
TOSHIBA E-STUDIO 400AC (SERVICE ONLY)
TOSHIBA E-STUDIO 409S (SERVICE ONLY)
• See attached form (Schedule "A") for Additional Equipment • See attached form (Billing Schedule) for Additional Equipment/Payment Schedule
LEASE TERM & PAYMENT SCHEDULE
Number of Payments: 60 of $ 1,042.50 Security Deposit**: $ • Received *plus applicable taxes
Payments includes: 0 B&W Images per Month Excess Images at: $ 0.0079 * per B&W Image Lease payment period is monthly unless otherwise indicated.
Payments includes: Color Images per Month Excess Images at: $ *per Color Image End-of-Lease Options:
0.048
Payments includes: Scan Images per Month You will have the following options at the end of your Excess Images at: $ *per Scan Image original term, provided the Agreement has not terminated Payments includes: 0 B&W Print Images per Month early and no event of default under the Agreement has Excess Images at: $ 0.01 * per B&W Print Image occurred and is continuing.
Payments includes: Color Print Images per Month Excess Images at: $ 1. Purchase the Equipment at Fair Market Value per
0.05 *per Color Print Image
section 16
Origination Fee: Up to $99.00 (included in First Irvoice) Excess Images billed: • Monthly • Quarterly 2. Renew the Agreement per section 17.
3. Return Equipment.
** Security Deposit: The security deposit is non interest bearing and is to secure your performance under this Agreement. Any security deposit made may be applied by us to satisfy any amount owed by you in, in which event you will promptly restore the security deposit to its full amount as set forth above. If all conditions are fully complied with and provided you have not ever been in default of the Agreement in the Default section, the security deposit will be refunded to you after the return of the equipment in accordance with the Return of Equipment section.
THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT. THIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED.
LESSOR ACCEPTANCE
Toshiba Financial Services Signature: Title:
Date:
CUSTOMER ACCEPTANCE
You hereby acknowledge and agree that your original or electronic signature below shall constitute an enforceable and original signature for all purposes. This Agreement may be executed in counterparts. The executed counterpart which has Lessor's original signature and/or is in Lessor's possession shall constitute chattel paper as that term is defined in the Uniform Commercial Code ("UCC") and shall constitute the original agreement for all purposes, including, without limitation, (i) any hearing, trial or proceeding with respect to this Agreement, and (ii) any determination as to which version of this Agreement constitutes the single true original item of chattel paper under the UCC. If Customer signs and transmits this Agreement to Lessor by facsimile or other electronic transmission, the transmitted copy, upon execution by Lessor, shall be binding upon the parties.
Customer agrees that the facsimile or other electronic transmission of this Agreement manually signed by Lessor, when attached to the facsimile or other electronic copy signed by Customer, shall constitute the original agreement for all purposes, including, without limitation, those outlined above in this Section. Without limiting and subject to the foregoing, the parties further agree that, for purposes of executing this Agreement, (a) a document signed and transmitted by facsimile or other electronic transmission shall be treated as an original document, (b) the signature of any party on such document shall be considered as an original signature, (c) the document transmitted shall have the same effect as a counterpart thereof containing original signatures, and (d) at the request of Lessor, Customer, who executed this Agreement and transmitted its signature by facsimile or other electronic transmission shall provide the counterpart of this Agreement containing Customer's original manual signature to Lessor. No party may raise as a defense to the enforcement of this Agreement that a facsimile or other electronic transmission was used to transmit any signature of a party to this Agreement. BY SIGNING THIS PAGE, YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS AGREEMENT. THIS AGREEMENT IS BINDING UPON OUR ACCEPTANCE HEREOF.
Name: Signature: X Title:
Date:
1 of 2 SEE PAGE 2 FOR ADDITIONAL TERMS AND CONDITIONS
TFS - 0219
TERMS AND CONDITIONS
1. Lease Agreement: You agree to lease from us the equipment described under "ITEM DESCRIPTION" and on any attached Schedule (hereinafter, with all replacement parts, repairs, additions and accessories, referred to as the "Equipment") and as modified by Supplements to this Agreement from time to time signed by you and us. You authorize us to insert or correct missing information on this Agreement, including your accurate legal name, serial numbers and any other information describing the Equipment. You authorize us to change the amount of each Payment (set forth on page 1 of this Agreement) by not more than 15% due to changes in the equipment configuration which may occur prior to our acceptance of this Agreement or adjustments to reflect applicable sales taxes. We will send you copies of any changes. You agree to provide updated annual and/or quarterly financial statements to us upon request. You authorize us or our assignee to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information, including payment history, to our assignees or third parties having an economic interest in this Agreement or the Equipment. Toshiba Financial Services (TFS) is not responsible for service or maintenance of the Equipment and is not party to any service maintenance agreement.
2. Lease Commencement: This Agreement will commence upon your acceptance of the applicable Equipment.
When you receive the Equipment, you agree to inspect it and verify your acceptance by telephone or, at our request, by delivery of written evidence of acceptance satisfactory to us. Upon acceptance, your obligations under this Agreement will become absolute and unconditional, and are not subject to cancellation, reduction or setoff for any reason whatsoever. You agree to pay us the amounts payable under the terms of this Agreement each period by the due date in accordance with the Term and Payment schedule set forth on page 1 of this Agreement. Payments shall be delivered to our address or to such other address as we may designate in writing. For any payment that is not received by its due date, you agree to pay a late charge equal to the higher of 10% of the amount due or $22 (not to exceed the maximum allowed by law).
3. Image Charges: Each month during the term of this Agreement, you agree to remit to us the Payment and all other sums when due and payable to the address we provide to you from time to time. In return for the Payment, you are entitled to produce the Images (set forth on page 1 of this Agreement) included for each applicable image type each month. You also agree to pay us the Excess Image charge (set forth on page 1 of this Agreement) for each metered image that exceeds the applicable Images Included. We reserve the right to estimate the number of images used if you do not provide us with meter readings within seven days of request. We will adjust the estimated charge for excess images upon receipt of actual meter readings. Notwithstanding any adjustments, you will never remit to us less than the Minimum Payment each month. You agree that we reserve the right to increase the maintenance and supplies portion of the Lease Payment and/or the Excess Image charge each year during the Term of the Schedule by an amount not to exceed fifteen percent (15%) of the Payment and/or the Excess Image charge in effect at the end of the prior annual period. At our option, you will: (a) provide meter readings via an automated website when requested by us. We may charge a fee to recover the cost of meter collections if meters are requested but not submitted through the automated website. (b) Provide us by telephone or facsimile the actual meter readings when requested by us. (c) Allow us (or our agent) access to the Equipment to obtain meter readings. (d) Allow us (or our agent) to attach an automatic meter reading device to the Equipment. We may audit the automatic meter reading device periodically. If you have a dispute with your service provider, you continue to pay us all Payments and Excess Image charges without deductions or withholding deductions. Images made on Equipment marked as "Customer Owned" will be included in determining your image and excess charges.
4. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON
YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. YOU LEASE THE EQUIPMENT "AS IS". NO REPRESENTATION OR WARRANTY WITH RESPECT
TO THE EQUIPMENT WILL BIND US, NOR WILL ANY BREACH THEREOF RELIEVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT.
5. Statutory Finance Lease: You agree that this Agreement qualifies as a statutory Finance Lease under Article 2A of the Uniform Commercial Code. To the extent you are permitted by applicable law, you waive all rights and remedies provided by Article 2A (sections 508-522) of the Uniform Commercial Code.
6. Security Interest: You authorize us to file a financing statement with respect to the Equipment. If this Agreement is deemed to be a secured transaction, you grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us.
7. Use Maintenance and Repair of Equipment: YOU WILL USE THE EQUIPMENT ONLY IN THE LAWFUL CONDUCT OF YOUR BUSINESS AND NOT FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES. You will not move the Equipment from the equipment location listed on page 1 without our advance written consent. You will give us reasonable access to the Equipment so that we can check the Equipment's existence, condition and proper maintenance. At your cost, you will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. You will not make any permanent alterations to the Equipment. You will keep the Equipment free and clear of all liens. You assign to us all of your rights, but none of your obligations, under any purchase agreement for the Equipment. We assign to you all our rights under any warranties, so long as you are not in default.
8. Software: Except as provided in this paragraph, references to "Equipment" include any software referenced above or installed on the Equipment. We do not own the software and cannot transfer any interest in it to you. You are responsible for entering into any license and/or other agreement (each a "License Agreement") required by the applicable software supplier or software licensor no later than the effective date of this Agreement and you will fully comply with such License, if any, throughout the applicable term. We are not responsible for the software or the obligations of you or the software licensor under any License Agreement.
9. Taxes and Lease Charges: You agree to pay all taxes, costs and expenses incurred by us as a consequence of the ownership, sale, lease or use of the Equipment, including all sales, use and documentary stamp taxes. Any fee charged under this Agreement may include a profit and is subject to applicable taxes. In addition, you agree to pay us a UCC filing fee of $35.00.
10. Indemnity: You will indemnify and hold us harmless from any and all liability, damages, losses or injuries including reasonable attorney's fees, arising out of the ownership, use, condition or possession of the Equipment, except to the extent directly caused by our gross negligence or willful misconduct. We reserve the right to control the defense and to select or approve defense counsel. This indemnity will survive the termination of this Agreement.
11. Risk of Loss; Insurance: You are responsible for risk of loss or for any destruction of or damage to the Equipment. No such loss or damage shall relieve you from the payment obligations under this Agreement. You agree to keep the Equipment fully insured against loss until this Agreement is paid in full and to have us and our assigns named as lender's loss payee. You also agree to maintain public liability insurance covering both personal injury and property damage and you shall name us and our assigns as additional insured. Upon request, you agree to provide us certificates or evidence of insurance acceptable to us. If you fail to comply with this requirement within 30 days after the start of this Agreement: (a) we have the right but no obligation to obtain insurance covering our interest (and only our interest) in the Equipment for the lease term, and renewals. Any insurance we obtain will not insure you against third party or liability claims and may be cancelled by us at any time. You will be required to pay us an additional amount each month for the insurance and administrative fee. The cost may be more than the cost of obtaining your own insurance and we may make a profit. You agree to cooperate with us, our insurer and our agent in the placement of coverage and with claims; or (b) we may charge you a monthly property damage surcharge of up to.0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letter from us to you. We may make a profit on this program. Once an acceptable certificate or evidence of insurance is submitted, any such fees will be discontinued. If any of the Equipment is lost, stolen or damaged you will at your option and cost, either (a) repair the item or replace the item with a comparable item reasonably acceptable to us, or (b) pay us the sum set forth in the Remedies section.
12. Right to Perform: If you fail to comply with any provision of this Agreement, we may, at our option, perform such obligations on your behalf. Upon invoice you will reimburse us for all costs incurred by us to perform such obligations.
13. Representations: (a) You represent and warrant to us that (1) you have the lawful power and authority to enter into this Agreement, and (2) the individuals signing this Agreement have been duly authorized to do so on your behalf, (3) you will provide us such financial information as we may reasonably request from time to time, (4) all financial information provided (or to be provided) is (or will be) accurate and complete in all material respects, (5) you will promptly notify us in writing if you move your principal place of business or there is a change in your name, state of formation, or ownership, and (6) you will take any action we reasonably request to protect our rights in the Equipment. (b) We represent and warrant to you that (1) we have the lawful power and authority to enter into this Agreement, and (2) the individuals signing this Agreement have been duly authorized to do so on our behalf.
14. Default: You will be in default under this Agreement if: (a) we do not receive any Payment due under this Agreement within five (5) days after its due date, (b) you fail to meet any of your obligations in the Agreement (other than payment obligations) and do not correct such default within 10 days after we send you written notice of such default, (c) you or your guarantor become insolvent, are liquidated or dissolved, merge, transfer a material portion of your ownership interest or assets, stop doing business, or assign rights or property for the benefit of creditors, (d) a petition is filed by or against you or your guarantor under any bankruptcy or insolvency law, (e) any representation made by you is false or misleading in any material respect, (f) you default on any other agreement with us or our assigns or any material agreement with any entity, or (g) there has been a material adverse change in your or any guarantor's financial, business or operating condition.
15. Remedies: If you are in default, we may, at our option, do any or all of the following: (a) retain your security deposit, if any, (b) terminate this Agreement, (c) require that you pay, as compensation for loss of our bargain and not as a penalty, the sum of (1) all amounts due and payable by you or accrued under this Agreement, plus (2) the present value of all remaining Payments to become due under this Agreement (discounted at 2% or the lowest rate allowed by law), and (3)(i) the amount of any purchase option and, if none is specified, 20% of the original equipment cost, which represents our anticipated residual value in the Equipment or (i) return the Equipment to a location designated by us and pay to us the excess, if any, of the amount payable under clause (3)(i) over the Fair Market Value of the returned Equipment as determined by us in our reasonable discretion, (d) recover interest on any unpaid balance at the rate of 12% per annum, and (e) exercise any other remedies available to us at law or in equity, including requiring you to immediately stop using any financed software. You agree to pay our reasonable attorney's fees and actual court costs including any cost of appeal. If we have to take possession of the Equipment, you agree to pay the cost of repossession and we may sell or re-rent the Equipment at terms we determine, at one or more public or private sales, with or without notice to you. You may remain liable for any deficiency with any excess being retained by us.
16. Purchase Option: At the end of the Term provided you are not in default, and upon 30 days prior written notice from you, you will either (a) return all the Equipment, or (b) purchase all the Equipment as is, without any warranty to condition, value or title for the Fair Market Value of the Equipment as determined by us in our reasonable discretion plus applicable sales and other taxes.
17. Automatic Renewal: Except as set forth in Section 16, this Agreement will automatically renew on a month-to- month basis after the Term, and you shall pay us the same Payments and lease charges as applied during the Term (and be subject to the terms and conditions of this Agreement) until the Equipment is returned to us or you pay us the applicable purchase price (and taxes).
18. Return of Equipment: If (a) a default occurs, or (b) you do not purchase the Equipment at the end of the Term pursuant to a stated purchase option, you will immediately return the equipment to any location(s) we may designate in the continental United States. The Equipment must be returned in "Average Saleable Condition" and properly packed for shipment in accordance with our recommendations or specifications, freight prepaid and insured. "Average Saleable Condition" means that all of the Equipment is immediately available for use by a third party, other than you, without the need for any repair or refurbishment. All Equipment must be free of markings. You will pay us for any missing or defective parts or accessories.
19. Assignment: We may, without your consent, assign or transfer any Equipment or this Agreement, or any rights arising under this Agreement, and in such event our assignee or transferee will have the rights, power, privileges and remedies of Lessor hereunder, but none of the obligations. Upon such assignment you agree not to assert, as against our assignee, any defense, setoff, recoupment, claim or counterclaim that you may have against us. You will not assign, transfer or sublease this Agreement or any rights thereunder or any Equipment subject to this Agreement without our prior written consent.
20. Personal Property Tax (PPT): You agree at our discretion to (a) reimburse us annually for all personal property and similar taxes associated with the ownership, possession or use of the Equipment or (b) remit to us each billing period our estimate of the prorated equivalent of such taxes. You agree to pay us an administrative fee for the processing of such taxes. We may make a profit on such a fee.
21. Tax Indemnity: You agree to indemnify us for the loss of any income tax benefit caused by your acts or omissions inconsistent with our entitlement to certain tax benefits as owner of the Equipment.
22. Governing Law: BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL. This Agreement and any supplement shall be deemed fully executed and performed in the state in which our (or, if we assign this Agreement, our assignee's) principal place of business is located and shall be governed by and construed in accordance with its laws. Any dispute concerning this Agreement will be adjudicated in a federal or state court in such state. You hereby consent to personal jurisdiction and venue in such courts and waive transfer of venue.
23. Transition Billing: In order to facilitate an orderly transition, the start date of this Agreement will be the date the Equipment is delivered to you or a date designated by us, as shown on the first invoice. If a later start date is designated, in addition to all Payments and other amounts due hereunder, you agree to pay us a transitional payment equal to 1/30th of the Payment, multiplied by the number of days between the date the Equipment is delivered to you and the designated start date. The first Payment is due 30 days after the start of this Agreement and each Payment thereafter shall be due on the same day of each month.
24. Miscellaneous: This Agreement contains the entire agreement between you and us and may not be modified except as provided therein or in writing signed by you and us, and supersedes any purchase orders. We will not accept payment in cash. If you so request, and we permit the early termination of this Agreement, you agree to pay a fee for such privilege. Notices must be in writing and will be deemed given five days after mailing to your or our mailing address. If a court finds any provision of this Agreement to be unenforceable, all other terms of that Agreement will remain in effect and enforceable. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time. In no event will we charge or collect any amounts in excess of those allowed by applicable law. Time is of the essence. You hereby acknowledge and confirm that you have not received any tax, financial, accounting or legal advice from us, or the manufacturer of the Equipment. It is the Customer's sole and exclusive responsibility to ensure that all data from all disk drives or magnetic media are erased of any customer data and information. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF
TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL
INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS TO YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS.
25. Maintenance, Service and Supplies: The Dealer agrees to provide Full Service Maintenance during normal business hours including all toner, developer and parts necessary to produce images. You must purchase paper and staples separately. You acknowledge that (a) we are not responsible for any service, repair or maintenance of the Equipment and (b) we are not a party to any service maintenance agreement. You agree to pay for service maintenance outside of the Dealer's normal business hours and for service required by your negligence or misuse of the Equipment at Dealer's customary rates. We may charge you a supply freight fee to cover our cost of shipping supplies to you.
FISCAL FUNDING ADDENDUM
Full Legal Name CITY OF REEDLEY DBA Name (If Any)
Billing Address 845 "G" STREET Phone Number (559) 637-4200
CUSTOMER
City REEDLEY County FRESNO State CA 93654
Zip Code
Agreement Number 500-50450294 Agreement Date
Customer warrants that it has funds available to pay all rents (the "Payments") payable under the above identified Agreement until the end of Customer's cur- rent appropriation period. If Customer's legislative body or other funding authority does not appropriate funds for Payments for any subsequent appropria- tion period and Customer does not otherwise have funds available to lawfully pay the Payments (a "Non-Appropriation Event"), Customer may, subject to the conditions herein and upon prior written notice to Company (the "Non-Appropriation Notice"), effective sixty (60) days after the later of Company's receipt of same or the end of the Customer's current appropriation period (the "Non-Appropriation Date"), terminate the Agreement and be released of its obligation to make all Payments due Company coming due after the Non-Appropriation Date. As a condition to exercising its rights under this Addendum, Customer shall (1) provide in the Non-Appropriation Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (2) deliver to Company an opinion of Customer's counsel (addressed to Company) verifying that the Non-Appropriation Event as set forth in the Non-Appropriation Notice has occurred, (3) return the equipment/system subject to the Agreement (the "Equipment/System") on or before the Non-Appropriation Date to Company or a location des- ignated by Company, in the condition required by, and in accordance with the return provisions of the Agreement and at Customer's expense, and (4) pay Company all sums payable to Company under the Agreement up to the Non-Appropriation Date.
In the event of any Non-Appropriation Event, Company shall retain all sums paid hereunder or under the Agreement by Customer, including the Security Deposit (if any) specified in the Agreement.
Customer further represents, warrants and covenants for the benefit of Company that:
(a) Customer is a municipal corporation and political subdivision duly organized and existing under the constitution and laws of the State. (b) Customer is authorized under the constitution and laws of the State, and has been duly authorized to enter into the Agreement and the transaction con- templated hereby and to perform all of its obligations thereunder. (c) The Agreement constitutes the legal, valid and binding obligation of Customer enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally. (a) Customer has complied with such public bidding requirements as may be applicable to the Agreement. (e) The Equipment/System described in the Agreement is essential to the function of Customer or to the service Customer provides to its citizens. Customer has an immediate need for, and expects to make immediate use of, substantially all the Equipment/System, which need is not temporary or expected to dimin- ish in the foreseeable future.
Customer has never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease, lease purchase, installment sale or other similar agreement.
CUSTOMER AGREE THAT A FACSIMILE COPY OR OTHER ELECTRONIC TRANSMISSION OF THIS DOCUMENT WITH FACSIMILE AND/OR ELECTRONIC SIG- NATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSIBLE AS EVIDENCE IN A COURT OF LAW.
Signature X
(MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OR OFFICER OF GOVERNMENT ENTITY) Print Name PAUL MELIKIAN
Title ASSISTANT CITY MANAGER Date
Name of Government Entity CITY OF REEDLEY
Signature X
Date
17ANC016v1
Name of Corporation or Partnership
©2018 All Rights Reserved. Printed in the U.S.A. 17ANC016v1 4/18
REEDLEY CITY COUNCIL
Consent
Regular Item
Workshop
Closed Session
Public Hearing
ITEM NO:
DATE: November 8, 2022
TITLE: APPROVE THE FOLLOWING ACTIONS TO FUND THE INTERNSHIPS FOR
REEDLEY HIGH SCHOOL STUDENTS WITHIN THE EXPANDED LEARNING PROGRAM (ELP):
A) APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD)
B) ADOPT RESOLUTION NO. 2022-090 AMENDING THE 2022-23
ADOPTED BUDGET APPROPRIATING $63,000 IN THE GENERAL FUND SUBMITTED: Sarah Reid
Community Services Directo
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff recommend that the City Council take the following actions to fund the internships for Reedley high school students within the Expanded Learning Programs (ELP) at T L Reed and Washington School sites: A) Approve and authorize City Manager to sign a Memorandum of Understanding with Kings Canyon Unified School District (KCUSD) and B) Adopt Resolution No. 2022-090 amending the 2022-23 Adopted Budget appropriating $63,000 in the General Fund.
EXECUTIVE SUMMARY
The City of Reedley has provided services for the Expanded Learning Programs (ELP) at TL Reed and Washington School sites since 2006. For many of those years, the City of Reedley has worked with KCUSD and the Valley Regional Occupational Program to receive Reedley high school students as summer interns. The program allows the students to gain work experience while receiving compensation. This extra help on campus is very useful to the City of Reedley staff and provides additional support for activities and student supervision.
This new program will function in a similar manner, however; the students will become City of Reedley employees instead of receiving a stipend from KCUSD. The program will be offered during the school year starting and ending with each semester. Eight (8) students will be hired in total with four (4) students being assigned to each site, T L Reed and Washington.
The City of Reedley hires 50 employees to work in the ELP at T L Reed and Washington. The hope is to create a pipeline to develop future employees while providing an opportunity for the local youth to have a paid position. The students will go through all City of Reedley hiring requirements and receive training to prepare the students to work on the campuses. This program is another response to the additional funding provided from the State of California for the Expanded Learning Opportunities Programs(ELOP).
FISCAL IMPACT
Resolution No. 2022-090 requesting $63,000 increases the appropriations for T L Reed and Washington ELP budgets to cover the costs associated with the Reedley high school internship program. These costs include the part time salaries, part time benefits and administration costs.
There is no negative impact to the General Fund as the ELOP funding will cover all direct and indirect costs.
ATTACHMENTS
1. Memorandum of Understanding between Kings Canyon Unified School District and City of Reedley.
2. Budget Amendment Resolution No. 2022-090
2 REEDLEY
Memorandum of Understanding
BETWEEN
KINGS CANYON UNIFIED SCHOOL DISTRICT
CONDS TRUT EAS AND CITY OF REEDLEY
TO PROVIDE INTERNSHIPS FOR KUSD HIGH SCHOOL STUDENTS WITHIN THE ELPS TERM
The effective dates of the Agreement are from December 1, 2022 - June 9, 2023. The first day of service shall be on or after December 1, 2022.
Il. SERVICES TO BE PERFORMED
City of Reedley (CITY) will provide paid internships for approximately eight (8) Kings Canyon Unified School District (KCUSD) High School students within the Expanded Learning Program (ELP). These students will have been pre-screened and trained by HS administrators and meet the following requirements:
• Junior or Senior year (Seniors preferred)
• GPA 3.0 or above (preferred)
• 7th Period Elective class (preferred)
• Well-rounded student (e.g., already involved in the Student Transition Program, Mentoring for Success Program, etc., preferred)
Interns will be placed at K-5 and K-8 schools within the KCUSD and assigned to ELP staff. Interns will be involved in the following activities/tasks:
• Assist with preparation of age appropriate enrichment activities • Assist with lesson planning and evaluations
• Reinforce instruction and assist students in completing homework and assignments • Assist with preparation of grade-level supplemental materials/activities so that homework time remains academic
• Assist with preparation and implement of age-appropriate recreation activities • Provide consistent supervision of children at all times • Assist with maintaining a class environment conducive to student growth and participation by using classroom management techniques
• Affirm/encourage/praise student abilities and value each student • Contribute to a supportive team atmosphere
• Attend and actively participate in team meetings, as assigned Interns will be expected to present themselves in a professional manner at all times and have appropriate language, attitude, attire, and content when around children. In addition, they will be expected to follow all CITY, school, and KCUSD policies. Interns will not be permitted to work
unsupervised when interacting with children or with middle school students.
CITY will pay the interns at the minimum wage rate for their time worked. Interns will work approximately 15 hours per week, during the regular school year.
CITY will provide administration, planning, coordination, professional development, field site supervision, and general implementation for the internship program, in conjunction with administrators from each KCUSD High School that has students in the program.
CITY will provide professional development for each intern including classroom management, restorative justice, lesson planning and implementation, and child development principles. Ongoing evaluation, training and coaching of the interns are also included.
CITY will complete reporting procedures required by KUSD administration (e.g., attendance tracking, site profiles).
III. PURPOSE OF PROGRAM
To provide opportunities for students to participate in "world of work" experiences within the education field. These types of internships help add relevance and make connections from what students are learning in the classroom to the work setting. In addition, these internships will provide a path for qualified interns to acquire an ELP staff position upon graduation, and reduce the onboarding and training time needed when transitioning into a staff role. As such, the Internship Program will benefit both the students and the program provider.
IV. PLACE OF PERFORMANCE
CITY shall render services described above at the following locations: T.L. Reed and Washington.
V. COMPENSATION
The maximum to be paid to CITY by KCUSD for all services and materials, including employer costs, provided under the terms of this Agreement shall not exceed $63,000. Interns will be paid at the minimum wage rate for their time worked. For these services, CITY will invoice KCUSD at intervals agreed upon by both parties.
VI. INDEMNIFICATION
Each party shall indemnify, hold harmless and, if requested, defend the other party, its officers, agents, employees and members of its governing board, from and against any and all claims, demands, losses, judgments, liabilities, causes of action and expenses, including attorney fees and costs, of any kind or nature they may sustain or incur or which may be imposed upon them for injury to or death of any person, or damage to property, or for any other acts) arising out of or in any manner related to or connected with the indemnifying party's (including its officers, agents and employees) willful
misconduct and/or negligence in performing and/or failing to perform its duties and/or obligations under this Memorandum of Understanding.
VIl. LIABILITY INSURANCE
Without limiting CITY's indemnification, CITY shall secure and maintain during the term of the Agreement, a comprehensive general liability policy using an occurrence policy form with combined single limits of one million dollars ($1,000,000) with a three million ($3,000,000) aggregate limit. KCUSD shall be named as an additional insured on the policies.
VIll. TERMINATION OF AGREEMENT
This Agreement terminates effective June 30, 2023. Any party may terminate this agreement at any time for any reason upon written 30 days' notice. In the event of early termination, CITY shall be paid for satisfactory work performed to the date of termination.
IX. By entering into this MOU all parties recognize and agree:
A. to work collaboratively as partners to ensure the success of the programs.
B. that this agreement may be modified at any time by written consent.
C. that certain information received in the course of business is confidential according to law and policy and agrees to respect requirements in this regard.
D. that availability of funds may have a bearing on the ability to implement all or parts of this agreement.
E. that CITY and KCUSD shall comply with all applicable Federal, State, and local laws in the performance of these services.
WITNESS THEREOF, the parties hereto have executed this MOU as of the day and year first written below:
KCUSD: CITY:
John Campbell Date Nicole R. Zieba Date
Superintendent City Manager
BUDGET AMENDMENT
RESOLUTION 2022-090
The City Council of the City of Reedley does hereby amend the 2022-2023 Budget as follows:
TION I - ADDITIONS
Account Number Account Description Amount
001-4661.1020 KUSD Expansion Wash Salaries PT & Temporary 22,900 001-4661.1041 KCUSD Expansion Wash SS & Medicare PT Salaries 1,883 001-4661.1071 KUSD Expansion Wash Workers Comp Premium PT 1,217 001-4661.7015 KUSD Expansion Wash HR ISF Transfer 5,500 001-4663.1020 KCUSD Expansion Reed Salaries PT & Temporary 22,900 001-4663.1041 KUSD Expansion Reed SS & Medicare PT Salaries 1,883 001-4663.1071 KCUSD Expansion Reed Workers Comp Premium PT 1,217 001-4663.7015 KUSD Expansion Reed HR ISF Transfer 5,500 Total $ 63,000
Purpose: Staff is requesting appropriations to cover the costs to provide paid internships for Reedley High School students to work within the Expanded Learning Programs (ELP) at T L Reed and Washington School sites from January 9-June 9, 2023.
I| - SOURCE OF FUNDING
Account Number Account Description Amount
001-3824 KCUSD Washington Expansion $ 31,500
001-3838 KUSD T L Reed Expansion 31,500
Tota $ 63,000
Impact: Cost for the Reedley High School interns work program. This program will employee eight (8) high school students to work in the T L Reed and Washington ELP to support the program operations and City employees. Four (4) students will be placed on each site and receive work experience while creating a pipeline to find qualified future ELP staff.
REVIEWED: RECOMMENDED
Rednelils
Assistant City Manager 11/02/22 City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on November 8, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY
REEDLEY CITY COUNCIL
BAS Consent
Regular Item
Workshop
Closed Session
Public Hearing
9 ITEM NO:
DATE: November 8, 2022
TITLE: APPROVE BUDGET AMENDMENT RESOLUTION NO. 2022-091, APPROPRIATING $300 IN THE CITY COUNCIL BUDGET AND
AUTHORIZING CITY PAYMENT AND/OR REIMBURSEMENT FOR FOOD
EXPENSES FOR A DISTRICT 1 NEIGHBORHOOD MEETING
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
That the City Council approve Budget Amendment Resolution 2022-091, which appropriates $300 from the General Fund to the City Council budget for expenses related to food for a District 1 neighborhood meeting in November.
BACKGROUND
The District 1 neighborhood of Hawthorne Heights reached out to Councilmember Tuttle to inquire about holding a neighborhood meeting, similar to the "Neighborhood Night Out" events customarily held in late summer around the City. Because of lingering COVID concerns and staffing issues, the City did not hold Neighborhood Night Out events this year. Every Councilmember has the legal right to hold neighborhood meetings, if they so desire. For this particular neighborhood meeting, the resident coordinating the event has offered to cover many of the expenses of the event, but is requesting that the Councilmember (or City) cover the expenses of the meat for the barbeque. Under the City's Expense Reimbursement and Travel/Conference Policy For Legislative Officials, Section 1. Authorized Expenses, payment or reimbursement for this type of expense is required to have City Council approval.
FISCAL IMPACT:
It is expected that food expenses related to the neighborhood barbeque will be approximately $300.
Sufficient funds are available in the General Fund to cover this expense.
ATTACHMENT
Budget Amendment Resolution 2022-091
BUDGET AMENDMENT
RESOLUTION 2022-091
The City Council of the City of Reedley does hereby amend the 2022-23 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
001-4110.2540 Meetings, Conferences & Training $ 300
Total $ 300
Purpose: To provide up to $300 for a public outreach meeting hosted by Reedley Councilmember Matthew Tuttle.
SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
001-2710 General Fund Unallocated Fund Balance 300
Total $ 300
Impact: This appropriation will reduce the unallocated fund balance in the General Fund by up to $300; however, will not impact any area of operations in the City.
REVIEWED: RECOMMENDED:
Redneliker 1101/22
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on November 8, 2022 by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY
CALIFO REEDLEY CITY COUNCIL
X Consent
Regular Item
Workshop
WORLD'S FRUIT BASKE Closed Session
Public Hearing
ITEM NO: 10
DATE: November 8, 2022
TITLE: CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE REEDLEY ALLEY PAVING 2020 PROJECT:
(A) ADOPT RESOLUTION NO. 2022-092 AMENDING THE FISCAL YEAR 2022-2023 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $396,326 (B) ADOPT RESOLUTION NO. 2022-093 AWARDING A CONSTRUCTION CONTRACT TO BUSH ENGINEERING, INC. FOR THE CONSTRUCTION OF REEDLEY ALLEY PAVING 2020 PROJECT
PREPARED: Linda Xiong LX
Assistant Engineer
SUBMITTED: Marilu S. Morales, PE. UM
City Engineer
APPROVED: Nicole Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
(A) Adopt Resolution No. 2022-092 amending the fiscal year 2022-2023 budget to appropriate available funds in the amount of $396,326.
(B) Adopt Resolution No. 2022-093, awarding a construction contract to Bush Engineering, Inc. for the Reedley Alley Paving 2020 project.
EXECUTIVE SUMMARY
Staff is requesting that the City Council adopt Resolution No. 2022-092 to fully fund construction and contingencies for the Reedley Alley Paving 2020 (Project) which will remove and replace nine alleys at various locations. In conjunction with the budget amendment, staff is requesting that Council adopt Resolution No. 2022-093 awarding the Project to Bush Engineering, Inc. in the amount of $804,956.00 and authorize the City Manager to execute the Public Improvement Agreement for the Project with Bush Engineering, Inc. Execution of the Agreement is subject to the submittal of the necessary bonds, insurance certificates and other necessary documents as required by the specifications, special provisions for this project and State law.
Staff is also requesting that a contingency of 10% of the total bid or $80,495.60 be included in the Council action to cover any unforeseen incidentals.
PROJECT DESCRIPTION/BACKGROUND
The City was awarded a Congestion Mitigation and Air Quality Improvement (CMAQ) grant in 2020 for the reconstruction of nine alleys at various locations. All nine alleys are located within a 0.6-mile radius of each other and are located between the following streets:
1. Cypress Avenue and Ponderosa Avenue from Columbia Avenue to Pecan Avenue 2 B Street and C Street from 10th Street to 11t Street
3. D Street and E Street from 9th Street to 10t Street
4. D Street and E Street from 12t Street to 13th Street
5. D Street and E Street from 13th Street to 14th Street 6 On Gum Avenue from East Avenue to Sunset Avenue
7. Early Avenue and Duff Avenue from Sunset Avenue to Columbia Avenue
8. E Street and F Street from 15th Street to East Avenue On October 6, 2022, a Notice to Bidders for the Project was advertised in The Mid Valley Times, the City website and on local builders exchanges for a period of approximately three (3) weeks. During the bidding period, seven (7) contractors requested bid documents from the City for this project. Two (2) addenda were issued during the project bidding period, to address the mandatory 10-day federal wage check as required for Davis-Bacon Act prevailing wage compliance and to clarify construction details and bid items.
On October 27, 2022, City staff conducted the bid opening for this project where five (5) bids were received, opened, and read aloud. The bids received for the total Base Bid ranged from $804,956.00 to $1,350, 150.00 as shown in the attached Bid Tabulation. The engineer's estimate of probable cost for the Base Bid was $556,443.00.
PRIOR COUNCIL ACTIONS
Resolution No. 2020-004 supporting and implementing timely use of funds and authorization to apply for CMAQ funding.
Resolution No. 2022-084 entering into a professional services agreement with NV5, Inc. for construction management services for the Project.
FISCAL IMPACT
The total authorization request for the construction contract is $804,956 with an additional contingency amount of $80,495.60 for a total of $885,451.60. The construction is funded through CMAQ federal funding and FCTA Flexible Funding.
ATTACHMENTS
1. Budget Resolution No. 2022-092
2. Resolution No. 2022-093
3. Bid Tabulation
4. Exhibit Reedley Alley Paving
BUDGET AMENDMENT
RESOLUTION 2022-092
The City Council of the City of Reedley does hereby amend the 2022-23 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
014-4441.5242 Reedley Alley Paving 2020 $ 396,326
Total 396,326
Purpose: Construction expenses for CMAQ Reedley Alley Paving Project
SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
014-2710 FCTA Flexible Funding Fund Balance 396,326
Total $ 396,326
Impact: Sufficient funds in FCTA Flexible Funding anticipated to be received during the 2022-23 Fiscal Year to cover construction costs.
REVIEWED: RECOMMENDED:
11/01/22
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on November 8, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2022-093
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF REEDLEY AWARDING A CONSTRUCTION CONTRACT TO BUSH ENGINEERING, INC.
FOR THE REEDLEY ALLEY PAVING 2020 PROECT
WHEREAS, the City of Reedley issued a Notice to Bidders for the Reedley Alley Paving 2020 Project; and
WHEREAS, the City received, opened and read aloud five (5) bids which the total Base Bid ranged from $804,956.00 to $1,350, 150.00; and WHEREAS, the lowest, most responsive and responsible bid was submitted by Bush Engineering, Inc.; and
WHEREAS, the City Council, using their independent judgment desires to award a construction contract for the lowest responsible responsive bid for total Base Bid in the amount of $804,956.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley, using their independent judgment, hereby approves Resolution No. 2022-093 based on the following:
1. The above recitals are true and correct; and
2. That the contract for the Reedley Alley Paving 2020 Project is awarded to Bush Engineering, Inc. for the unit and lump sum prices as bid, the total amount of the contract being $804,956.00.
3. That the City Manager is authorized and directed to promptly execute the contract for the subject work with Bush Engineering, Inc. subject to the submittal of the necessary bonds, insurance certificates and other necessary documents required by the specifications and special provisions for this project, all for the approval by and to the satisfaction of the City Engineer and the City Attorney.
4. The City Manager or her designee, is hereby authorized to execute contract change orders to the contract for this project and shall not exceed 10% of the total bid or $80,495.60 without prior approval of this City Council.
5. The total construction budget for this project, including the construction contract and contingency costs, shall not exceed approximately $885,451.16.
6. This resolution is effective immediately upon adoption.
This forgoing resolution is hereby approved at a regular meeting of the City Council of the City of Reedley held on the 8 day of November 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2022-093
Reedley Alley Paving 2020
Bid Tabulation Bush Engineering, Inc. Terra West Construction, Inc. Avison Construction RJ Berry Central Valley Asphalt Item No. Description Quantity Units Unit Cost Unit Cost Total Unit Cost Total Unit Cost Total
BASE BID
Mobilization 37,068.00$ 37,068.00$ 65,000.00 65,000.00 40,000.00S 40,000.00 $ 50,000.00 S 50,000.00S 10,021.00 $ 10.021.00 Insurance and Bonds 14,933.00 14,933.00 19,000.00 19,000.00 10,000.00 10,000.00 S 8,000.00 S 8,000.00 S 14,000.00 14,000.00 Provide and Maintain Traffic Control 26,373.00 26,373.00 15,000.00 15,000.00 5,000.00 5,000.00S 15,000.00 S 15,000.00 S 27,000.00 27,000.00 Prepare Storm Water Pollution Prevention Plan 3,148.00 3,148.00 2,000.00 2,000.00 500.00 500.00 ≤ 4,000.00 S 4,000.00 3,000.00 3,000.00 Implement Storm Water Pollution Prevention Plan 2,140.00 2,140.00 2,500.00 2,500.00 2,000.00 2,000.00 $ 2,000.00 $ 2,000.00 8,960.00 8,960.00 Clearing and Grubbing 4,844.00 4,844.00 5,000.00 5,000.00 15,000.00 15,000.00 S 15,000.00S 15,000.00 130,000.00 130,000.00 Remove Existing Tree 1,970.00 17,730.00 800.00 7,200.00 1,500.00 13,500.00 750.00 S 6,750.00 3,800.00 34,200.00 Alley Excavation (F) 856 105.00 89,880.00 110.00 94,160.00 115.00 98,440.00 250.00 $ 214,000.00 133.00 113,848.00 Hot Mix Asphalt Concrete, Type A 900 145.00 130,500.00 150.00 135,000.00 180.00 162,000.00 155.00 S 139,500.00 202.50 182,250.00 Aggregate Base, Class 2 (F) 1,830 55.50 101,565.00 70.00 128,100.00 70.00 128,100.00 60.00 $ 109,800.00 90.00 164,700.00 Concrete Removal and Disposal (F) 161.00 9 982.00 300.00 18,600.00 400.00 24,800.00 850.00 S 52,700.00$ 224.00 $ 13.888.00 Concrete Sidewalk 383 13.00 4979.00 s 8.00 3,064.00 15.00 5,745.00 $ 8.00$ 3,064.00 $ 23.00| $ 8,809.00 Curb and Gutter 506 48.00 24,288.00 S 38.00 S 19,228.00 S 60.00 S 30,360.00$ 40.00 S 20,240.00 S 85.00 $ 43,010.00 Curb Taper 44.00 968.00 $ 28.00 S 616.00 S 70.00 1,540.00 55.00 S 1,210.00 S 60.00 $ 1,320.00 Valley Gutter 4,178 36.00 150,408.00 36.00 S 150,408.00 S 50.00 208,900.00 32.00 S 133,696.00| S 33.00| $ 137,874.00 Alley Approach 3,279.00 39,348.00 4,300.00 51,600.00 5,000.00 60,000.00 $ 5,500.00 S 66,000.00 5,100.00$ 61,200.00 Commerical Driveway Approach co 3,243.00 2,972.00 4,300.00 17,200.00 5,000.00 20,000.00 5,100.00 S 20,400.00 6,125.00 S 24.500.00 Residental Driveway Approach 2,157.00 4,314.00 2,300.00 4,600.00 6,000.00 4,300.00 S 300000 8 8,600.00 8,460.00 16,920.00 Storm Drain Catch Basin, Piping, and Appurtenances 6,943.00 s 6.943.00 s 3,500.00 S 3,500.00 s 3,000.00 s 3,000.00 $ 5,000.00 S 6,600.00 S 6,600.00 Adjust Manhole Frame and Cover to Grade 1.760.00 s 7.040.00 s 800.00 s 3.200.00 S 1,500.00 S 6.000.00 S 1,500.00 s 600000 S 1,350.00 s 5,400.00 21 Adjust Cleanout Frame and Cover to Finished Grade 1,140.00 s 3,420.00 s 70000 2,100.00 S 1000000 S 3.000.00 S 1,000.00 S 3.000.00 S 85000 S 2,550.00 Adjust Valve Frame and Cover to Finished Grade 982000 15,712.00 5 700.00 $ 11,200.00 s 1,000.00 $ 16,000.00 $ 1,000.00 s 16,000.00 S 850.00 s 13,600.00 Adjust Meter Box to Finished Grade EA 195.00 s 18,915.00 s 400.00 s 38,800.00 s 300.00 $ 29,100.00 s 260.00 s 25.220.00 s 1,300.00 s 126,100.00 Install 6* Hydrant Extension Spool EA 2,844.00 s 8,532.00 s 1,500.00 S 4,500.00 s 2,000.00 s 6.000.00 S 2.300.00 S 6.900.00 S 2,600.00 s 7,800.00 Miscellaneous Facilities and Operations 14,954.00 14,954.00 s 1,000.00 S 1,000.00 S 5,000.00S 5,000.00 $ 12,500.00 S 12,500.00 27,000.00 s 27,000.00 Install Redwood Header 7,200 54,000.00 s 10.00 $ 72,000.00 S 8.00 57,600.00 S 525 8 37,800.00 s 2300 S 165,600.00 Total for BASE BID: 804,956.00 874,576.00 957,585.00 982,380.00 1,350,150.00 Subcontractors Concrete Madera Concrete Madera Concrete Fresno Concrete Construction Fresno Concrete Construction, Inc.
Traffic Control KRC Safety Co. Safety Network
Utilities Haydon Construction
Grinding Pavement Recycling Systems
CYPRESS AVE
SYCAMORE AVE ALLEY 1 NORTH
EULOCK AVE
PALM AVE
LINDEN AVE
ELM AVE
ALLEY 3 ALLEY 2
ANTA ROSA GIR
RED BEAUT
ARCOA GR
SPRINGFIELO AVE DRINCSIEINA
ALLEYS 4 & 5
LINCO
AUGUST AVE
EVEN NO
ALLEYS 6 & 7
ALLEY
DUFF AVE
0 =
JEFFERSON AV
REEDLEY PARKWAY
PREPARED BY: Exhibit
REED CITY OF REEDLEY Reedley Alley Paving 2020
CALIFOR
ENGINEERING DEPARTMENT DATE: SCALE:
1733 9th STREET 02/03/2020 1" = 750'
REEDLEY 93654
Phone: (559)637-4200, ext. 295 DRAWN BY:
Fax: 559)637-2139 SR SHEET NO. 1 OF 1
REEDLEY CITY COUNCIL
Consent Calendar
THE Regular Item
Workshop
Closed Session
Public Hearing
ITEM NO:
DATE: November 8, 2022
TITLE: INTRODUCE AND WAIVE FIRST READING OF ORDINANCE 2022-006, ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODE, AND SCHEDULE PUBLIC HEARING TO CONSIDER ADOPTION OF ORDINANCE 2022-006.
SUBMITTED: Jerry Isaak, Fire Chief 22. JH
Reedley Fire Department
Jeremy Harrison, Building Official
Community Development Department
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council approve the introduction and waive the first reading of Ordinance No. 2022-006 adopting the subject codes, and schedule a public hearing on December 13, 2022, to consider adoption of the Ordinance.
BACKGROUND
The last update to the City's Building Codes was conducted in December of 2019 when the City Council adopted Ordinance No. 2019-008 amending Chapter 1 of Title 9 as it relates to adoption of codes. This action adopted the 2019 Building Standards Code.
As an operating practice, every three years (during its triennial cycle) the California Building Standards Commission (BSC) reviews the newest model codes published by various independent code-developing bodies. On July 1, 2022, the State adopted the 2022 California Building Standards Code, which will become effective on January 1, 2023. The 2022 California Building Standards Code includes the following; Title 24, California Code of Regulations;
• Part 1 - California Administrative Code
• Part 2 - California Building Code
Part 2.5 - California Residential Building Code
• Part 3 - California Electrical Code
• Part 4 - California Mechanical Code
• Part 5 - California Plumbing Code
• Part 6 - California Energy Code
• Part 8 - California Historical Building Code
Part 11 - California Green Building Standards Code
• Part 12 - California Reference Standards Code
As a result of the Building Standards Commission's action, each city and county agency may adopt this new code with local amendments by January 1, 2023. If no local action is taken by this date, then the State's Code in its entirety is applicable to the agency when processing building and grading permit applications.
DISCUSSION
The Council has the ability to make local amendments based upon local needs and conditions, which will ensure code enforcement will align with existing processes within the City (regulations and code enforcement by other departments). The State Code establishes a minimum level of standards that can only be increased (but not decreased) through local amendments.
Currently, one of the amendments to our existing code relates to automatic sprinkler systems and where they are required as stated in Section 9-1-2(A)(d)(6) of Chapter 1 of Title 9 of the Reedley City Code.
The California Building Code requires automatic sprinkler systems to be installed in occupancies with a floor area of 12,000 sq. ft. and larger. The amendment that Reedley has implemented since 2004 requires that automatic sprinkler systems be installed in occupancies of 5,000 sq. ft. and larger. The amendment is made to support firefighting safety as the extreme climactic temperatures in the summer months promote combustion, affect suppression efforts and expose firefighters to heat related illnesses. This amendment is in conformance with existing amended code language and will be changed to reflect the corresponding Section of the newly adopted code.
In addition, the Reedley City Code will carry-over the following amendments as well:
• Section 9-1-1 amends Chapter 1 of Title 9 of the Reedley City Code regarding Adoption of Codes. • This pertains specifically to adopting the 2022 California Building Standards Code.
Section 9-1-2(A) amends item 7 consistent with Section 1.8.8 of the California Building Code Standards regarding the Appeals Board.
• This amendment establishes the local appeals board as a means to hear and decide appeals of orders, decisions and determinations made by the local enforcing agency.
Section 9-1-2(B) is amended to be consistent with Section 89. 108.8.1 of the California Electrical Code regarding the Appeals Board
• This amendment establishes the local appeals board as a means to hear and decide appeals of orders, decisions and determinations made by the local enforcing agency.
The above listed amendments have been in effect since 2013.
FISCAL IMPACT
The fiscal impact is minimal and will be absorbed within the current budget.
ATTACHMENTS
1. Ordinance 2022-006
ORDINANCE NO. 2022-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING CHAPTER 1 OF TITLE 9 OF THE REEDLEY CITY CODE
RELATING TO THE BUILDING CODES
THE CITY COUNCIL OF THE CITY OF REEDLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS AND CONDITIONS: The City Council is informed and finds that pursuant to the Health and Safety Code, Sections 17958.7 and 18941.5, it is reasonably necessary to adopt and amend the requirements of the 2022 edition of the California Building Standards Code to properly protect the health, safety and welfare of the existing and future residents and workers within the City, and that these amendments are justified by particular climatic conditions that include, but are not limited by the following findings:
1.1 CLIMATIC - EXTREME TEMPERATURES
The region is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. These climatic conditions are conducive to the spread of fire. Attached as Exhibit 1 and incorporated by reference is historical data compiled by the National Weather Service documenting temperatures experienced in Fresno and the greater area which includes Reedley for the months of May through October, and data from the Western Regional Climatic Center documenting humidity. The temperature data shows that during the months of June, July, August and September, the daily high temperature has averaged in excess of 90 degrees, and temperatures often exceed 100 degrees Fahrenheit. During the same months humidity is usually less than 40%, and humidity measurements near 20% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions.
1.1.2 The Heat Stress Index published by the Federal Emergency Management Agency in its publication entitled Emergency Incident Rehabilitation sets forth the stress placed on the human body when exposed to various temperatures and humidity's. This Heat Stress Index is attached as Exhibit 2 and incorporated by reference. A note under the Heat Stress Index Chart states that 10 degrees should be added to the temperature when protective clothing is worn and an additional 10 degrees should be added when standing in direct sunlight. According to this chart, a person exposed to temperatures between 90 and 105 degrees is subject to heat cramps and heat exhaustion.
1.1.3 Because of the extreme heat Reedley experiences during the summer months, Reedley Firefighters responding to fires and other incidents are regularly exposed to temperatures in excess of 105 degrees, when accounting for their protective gear, exposing them to the probability of heat cramps, heat exhaustion and possibly heat stroke.
SECTION 2. Section 9-1-1 of Chapter 1 of Title 9 of the Reedley City Code is hereby amended to read as follows:
"9-1-1: ADOPTION OF CODES: Pursuant to the provisions of Government Code section 50022.2, the City Council does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the following codes, subject to the amendments, if any, set forth in section 9-1-2 of this chapter:
Administrative code California Administrative Code, 2022 edition, including appendices thereto, as published by the
California Building Standards Commission;
Building code California Building Code, 2022 edition, including appendices as follows, as published by the California
Building Standards Commission:
• Appendix C: Group U - Agricultural
Buildings
• Appendix F: Rodent proofing
• Appendix G: Flood-Resistant Construction
• Appendix H: Signs
• Appendix I: Patio Covers
• Appendix J: Grading
• Appendix K: Flood Protection Plan;
California Residential California Residential Building Code Part 2.5, 2022 Building code edition, including appendices as follows, as published by the California Building Standards
Commission:
• Appendix G: Swimming Pools
• Appendix H: Patio Covers
• DELETE Section 1.8.8 Appeals Board;
Electrical code California Electrical code, 2022 edition, including appendices thereto, as published by the California
Building Standards Commission:
• DELETE Section 89.108.8 Appeals Board;
Mechanical code Uniform Mechanical Code, 2022 edition, including appendices as follows, as published by the California
Building Standards Commission:
• Appendix B: Procedures to be followed to
Place Equipment into Operation
• Appendix C: Installation and Testing of Oil
(liquid) Fuel-fired Equipment
DELETE Section 1.8.8 Appeals Board
Appendix F: Sizing of Venting Systems
Serving Appliances Equipped With Draft
Hoods, Category 1 Appliances, and
Appliances Listed For Use With Type B
Vents;
Plumbing code California Plumbing Code, 2022 edition, including appendices as follows, as published by the California
Building Standards Commission:
• Appendix A: Recommended Rules of Sizing
the Water Supply System
• Appendix B: Explanatory Notes on
Combination Waste and Vent Systems
• Appendix D: Sizing Storm Water Drainage
Systems
• Appendix I: Installation Standards
• Appendix H: Private Sewage Systems
• DELETE Section 1.8.8 Appeals Board;
Energy code California Energy Code, 2022 edition, excluding appendices thereto, as published by the California
Energy Standards Commission;
Historical Building code California Historical Building Code, 2022 edition, including appendices thereto, as published by the
California Building Standards Commission;
Fire code California Fire Code, 2022 edition, including appendices thereto, as published by the California
Building Standards Commission;
Existing Building code California Existing Building Code, 2022 edition, including appendices thereto, as published by the
California Building Standards Commission;
Green Building California green building Standards Code, 2022 Standards code edition, including appendices thereto, as published by the California Building Standards Commission;
Reference Standards California Reference Standards Code, 2022 edition, code including appendices thereto, as published by the
California Building Standards Commission;
Housing Code Uniform Housing Code, 1997 edition, as published by the International Conference of Building
Officials;
Abatement of Uniform Code for the Abatement of Dangerous dangerous buildings Buildings, 1997 edition, as published by the International Conference of Building Officials.
The above codes are hereby adopted by the City Council as the building codes of the City, for all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phrase or clause contained therein were fully set forth herein. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares it would have adopted each section, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. One copy of each of said codes hereby adopted are on file in the office of the building official and is available for examination by the public.
SECTION 3. Section 9-1-2(A)(6) of Chapter 1 of Title 9 of the Reedley City Code is hereby amended to read as follows:
"6. Automatic Sprinklers, Where Required.
Notwithstanding any other provision of this code, standard automatic sprinkler systems shall be installed and maintained in all group A, B, E, F, I, M, S, U, and H5 occupancies exceeding five thousand (5,000) square feet in gross floor area.
When such areas have any eaves or an overhang exceeding a distance of three feet (3' from the wall or support, the gross roof area shall include, but not be limited to, covered walkways, patios, porches or any architectural feature attached to or within ten feet (10') of the structure. In existing buildings where an automatic sprinkler system does not exist, and a change in the character of occupancy or use is made, or the floor area is increased, and the gross floor area exceeds the areas set forth in this subsection before or after the addition or change, an approved automatic sprinkler system shall be installed through the structure, unless a specific development agreement is approved by the building official for the existing areas.
Area separation walls, occupancy separation walls, or parapets shall not be used to create separate buildings on the same property to exclude required automatic sprinkler systems.
SECTION 4. Section 9-1-2(A)(7) of Chapter 1 of Title 9 of the Reedley City Code is hereby amended to read as follows:
"7. Appeals Board.
The City shall establish a local appeals board and a housing appeals board. The local appeals board and housing appeals board shall be the governing body of the City. The board may appoint one or more hearing examiners to hear appeals brought before the board. The hearing examiners shall not be employees of the jurisdiction and shall be qualified and specifically knowledgeable in the California Building Standards Codes and applicable local ordinances. The hearing examiner or examiners shall submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiners findings, conclusions and recommendations.
SECTION 5. Section 9-1-2(B) of Chapter 1 of Title 9 of the Reedley City Code is hereby amended to read as follows:
"B. Electrical Code:
Appeals Board
The City shall establish a local appeals board and a housing appeals board. The local appeals board and housing appeals board shall be the governing body of the City. The board may appoint one or more hearing examiners to hear appeals brought before the board. The hearing examiners shall not be employees of the jurisdiction and shall be qualified and specifically knowledgeable in the California Building Standards Codes and applicable local ordinances. The hearing examiner or examiners shall submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiners findings, conclusions and recommendations.
SECTION 6. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
This Ordinance shall take effect and be in full force thirty (30) days from and after its adoption.
I hereby certify that the foregoing Ordinance No. 2022-006 was introduced and given first reading by title only at a regular meeting of the City Council of the City of Reedley held on the 8th day of November 2022, and was thereafter duly passed, approved, and adopted at a regular meeting of said City Council held on the 13th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk Mary L. Fast, Mayor
Annual Local Climatological Data - IPS-4AFDD124-CFA2-4024-8... https://www.ncei.noaa.gov/pub/orders/IPS/IPS-4AFDD124-CFA2-4...
COMMERC EXHIBIT 1, Pg. 1
nORA
2021
LOCAL CLIMATOLOGICAL DATA
ANNUAL SUMMARY WITH COMPARATIVE DATA
ISSN 0198-0890
FRESNO,
CALIFORNIA (KFAT)
Daily Max/Min Temperature
110 45
- 40
100
- 35
90 30
Temperature (F) 25 Degrees
20 60 15 8
50 10
40 5
30 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
- Normal Max - Normal Min - Freezing + Max/Min
Daily Precipitation
1.75 45
40 1.50
35 1.25
30 1,00 25
20 limeters
0.75 - 15
0.50 10
0.25 5
0.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Daily Station Pressure
30.0 1,015
29.9 29.8 1,010 P
29.7 1,005
Inches ofMercury 29.6
29.5 1,000
29.4- 995
29.3 Jan Feb Mar Apr May lun Jul Aug Sep Oct Nov Dec lan
I CERTIFY THAT THIS IS AN OFFICIAL PUBLICATION OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, AND IS COMPILED FROM RECORDS ON FILE AT THE NATIONAL CLIMATIC DATA CENTER.
NATIONAL NATIONAL NATIONAL CENTERS for _ a
OCEANIC AND ENVIRONMENTAL SATELLITE, DATA ENVIRONMENTAL INFORMATION (NCEI DIRECTOR
ATMOSPHERIC ADMINISTRATION AND INFORMATION SERVICE ASHEVILLE, NORTH CAROLINA NCEI 1 of 8 8/24/2022, 9:28 AM
Annual Local Climatological Data - IPS-4AFDD124-CFA2-4024-8... https://www.ncei.noaa.gov/pub/orders/IPS/IPS-4AFDD124-CFA2-4.
EXHIBIT 1, Pg.2
METEOROLOGICAL DATA FOR 2021
FRESNO (KFAT)
LATITUDE: LONGITUDE: ELEVATION (FT): WBAN: 93193
36° 46'N 119°43 W GRND: 334.29 BARO: 375 FACE (UTC 8) PACIFIC
ELEMENT JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YEAR MEAN DAILY MAXIMUM 59.6 64.9 67.6 79.8 87.6 97.0 | 103.3 100.2 76.6 66.5 55.0 79.4
94.1 HIGHEST DAILY MAXIMUM 73 84 95 101 111 114 107 107 93 75 73 114 DATE OF OCCURRENCE 17 01 31 30 31 19+ 11 30+ 02 03+ 02+ JUL 11 MEAN DAILY MINIMUM 41.3 43.3 _ 74.1 1302 65.1
44.9 52.1 59.1 68.1 53.7 48.0 41.3 55.1
LOWEST DAILY MINIMUM 35 38 38 47 50 53 67 62 56 45 39 33 33 DATE OF OCCURRENCE 26 21+ 16 27+ 20 10 16 22 29 19 26+ 19 DEC 19 AVERAGE DRY BULB 50.4 54.1 56.3 65.9 73.4 82.6 88.7 85.2 79.6 65.1 57.2 48.1 67.2 TEMPERATURE MEAN WET BULB 45.1 46.4 47.1 52.3 56.2 62.4 65.6 64.8 61.6 53.7 52.4 45.3 54.4 MEAN DEW POINT 39.5 38.4 37.0 39.5 40.8 48.2 50.5 51.3 48.4 43.1 49.2 42.5 44.0 NUMBER OF DAYS WITH:
MAXIMUM >- 90° 2 25 31 30 127
MAXIMUM <= 32°
MINIMUM <- 32° 0000 • 000 ... 0 0 0I • • ° ...
MINIMUM <= 0°
HEATING DEGREE DAYS 37 6 69 1867
COOLING DEGREE DAYS 298 269 72 226
270 535 744 633 443 80 2783
MEAN (PERCENT) 71 34 34 30 83
5% 35 80 51
HOUR 04 LST 80 53 46 53 67 92 91
HOUR 10 LST 68 53 46 28 27 25 29 31 43 75 81 45
HOUR 16 LST 56 40 18 15 18
33 18 20 35 63 73 34
HOUR 22 LST 75 65 60 37 38 35 39 40 86 87 56
58 NUMBER OF DAYS WITH:
HEAVY FOG(VISBY <= 1/4 MI 0 14 8 27
THUNDERSTORMS • •'
MEAN STATION PRESS. (IN.) 29.77 29.78 29.72 29.62 29.56 29.50 29.51 29.47 29.55 29.64 29.80 29.70 29.64 MEAN SEA-LEVEL PRESS. (IN.) 30.12 30.13 30.07 29.97 29.91 29.84 29.85 29.81 29.89 29.99 30.16 30.06 29.98 RESULTANT SPEED (MPH) 0.6 2.4 2.2 7.3 7.3 6.1 5.3 3.6 1.6 1.0 1.1 3.3 RES. DIR. (TENS OF DEGS.) 09 32 32 31 30 30 30 30 30 30 14 31 MEAN SPEED (MPH) 4.5 5.2 5.6 8.4 7.5 6.7 5.8 5.3 3.4 5.1 6.0 PREVAIL DIR. (TENS OF DEGS.) 29 29 29 30 30 30 30 29 29 29 29 30 MAXIMUM 2-MINUTE WIND
WINDS SPEED (MPH) 26 24 26 25 25 21 20 21 35 16 23 35
DIR. (TENS OF DEGS.) 12 31 33 30 31 17 31 31 31 10 14 31 DATE OF OCCURRENCE 27 20 15 20 20 08 26 12 28 11 09 25 OCT 11 MAXIMUM 3-SECOND WIND:
SPEED (MPH) 31 29 35 31 29 25 28 44 20 29 44
DIR. (TENS OF DEGS.) 14 31 22 30 31 31 31 31 10 12 31
DATE OF OCCURRENCE 26 20 09 20 20 08 10 18 19 11 09 13 OCT 11 WATER EQUIVALENT: 3.40 0.29 1.33 0.15 0.00 0.00 0.00 0.00 0.00 1.27 0.30 3.64 10.38 TOTAL (IN.) 1.82 0.27 0.48 0.15 0.00 0.00 0.00 0.00 0.00 0.86
0.30 1.20 1.82
GREATEST 24-HOUR (IN.) 28-29 15
11-12 25 25 08-09 13-14 JAN 28-29
DATE OF OCCURRENCE
NUMBER OF DAYS WITH:
32 PRECIPITATION 0.01 OW A • . • ..° •N W 0 - N
22 PRECIPITATION 0.10 2
PRECIPITATION 1.00
SNOW ICE PELLETS, HAIL 0.0
T 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 T
TOTAL (IN.) 0.0 T 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
GREATEST 24 HOUR (IN) 10 MAR 10
DATE OF OCCURRENCE
MAXIMUM SNOW DEPTH (IN.)
DATE OF OCCURRENCE
NUMBER OF DAYS WITH: 0
0 0 0 0
SNOWFALL >= 1.0
published by: NCEI Asheville, NC 2
2 of8 8/24/2022, 9:28 AM
Climatological Data for Fresno Area, CA (ThreadEx) - May 2021 EXHIBIT 1, Pg.3 Temperature
Date HDD CDD Precipitation New Snow
Maximum Minimum Snow Depth
ge Departure
2021-05-01 87 59 6.8 0 8
0.00 0.0
2021-05-02 84 52 1.5 0 3 0.00 0.0
2021-05-03 86 58 5.2
0.00 0.0
2021-05-04 92 62 9.9 12 0.00 0.0
2021-05-05 98 64 13.6 0 16 0.00 0.0
2021-05-06 91 66 10.9 14
0.00 0.0
2021-05-07 82 58 2.1 0.00 0.0
2021-05-08 85 57 2.8 0.00
0.0 2021-05-09 88 60 5.5 9
0.00 0.0
2021-05-10 90 60 6.3 0 10 0.00
0.0 2021-05-11 62 9.0 0 13 0.00 0.0
2021-05-12 63 11.2 16 0.00 0.0
2021-05-13 64 10.5 15 0.00 0.0
2021-05-14 62 8.2 0 13
0,00 0.0
2021-05-15 53 -4.0 0.00 0.0
2021-05-16 56 - 1.8 0
0.00 0.0 0
2021-05-17 58 1.0
0.00 0.0
2021-05-18 58 2.3 8
0.00 0.0 0
2021-05-19 57 -1.0 0,00
0.0 2021-05-20 50 -10.2 0.0
0.00 2021-05-21 51 -8.9
0.00 0.0
2021-05-22 52 -7.2 0.00 0.0
2021-05-23 55 -3.9 0.00
2021-05-24 57 0.9 0.00 0.0
2021-05-25 64 4.1 12 0,00
0.0 2021-05-26 59 1.9 10 0.00
0.0 2021-05-27 61 2.7 0,00
0.0 2021-05-28 60 2.0 10 0.00
0.0 2021-05-29 62 2.7
11 0.00 0.0
2021-05-30 60 3.0 12 0.00
0.0 2021-05-31 71 12.3 21
0.00 0.0
Sum 1831 270 0.00
0.0 Average 59.1 3.2
Normal 82.7 57.6 191 0.42 0.0
Observations for each day cover the 24 hours ending
at the time given below (Local Standard Time).
Max Temperature: midnight
Min Temperature: midnight
Precipitation : midnight
Snowfall : unknown
Snow Depth : unknown
Climatological Data for Fresno Area, CA (ThreadEx) - June 2021 EXHIBIT 1, Pg. 4 Temperature
Date HDD CDD Precipitation Snow Depth
Minimum New Snow
Departure
2021-06-01 75 15.5 25 0.00 0.0
2021-06-02 72 13.8 0 23 0.00 0.0
2021-06-03 70 11.6 21
0.00 0.0 0
2021-06-04 72 11.8 22 0.00 0.0
2021-06-05 68 8.6 19 0.00 0.0
2021-06-06 68 6.4 0 17
0.00 0.0
2021-06-07 61 -2.9 0.00
0.0 2021-06-08 56 -8.1 3 0.00
0.0 2021-06-09 55 -9.9 0
0.00 0.0
2021-06-10 53 -10.2 0.00
0.0 2021-06-11 56 -6.4 0.00 0.0
2021-06-12 62 -0.2 12 0.00 0.0
2021-06-13 69 5.6 18
0.00 0.0
2021-06-14 66 1.8 14 0.00 0.0
2021-06-15 65 1.0 14 0.00
0.0 2021-06-16 65 2.8 16
0.00 0.0
2021-06-17 71 10.0 0 23 0.00
0.0 2021-06-18 79 16.7 0 30 0,00 0.0
2021-06-19 78 15.9 30
0.00 0.0
2021-06-20 76 13.2 27 0.00
0.0 2021-06-21 71 8.4 23 0.00
0.0 2021-06-22 65 1.1 16 0.00 0.0
2021-06-23 65 80.5 0.9 16 0.00
0.0 2021-06-24 66 79.0 -09 14 0.00
0.0 2021-06-25 65 80.0 -0.2 15 0.00
0.0 2021-06-26 72 86.0 5.6 0.00
21 2021-06-27 79 93.0 12.3 28 0.00
0.0 2021-06-28 73 87.5 6.6 23 0,00
0.0 2021-06-29 73 88.5 7.3
24 0,00 0.0
2021-06-30 78 91.0 9.6 26 0.00
0.0 Sum 2044 535 0,00 0.0
Average 68.1 82.6 5.0 0.0
Normal 63.9 77.6 3 382 0.24 0.0
Observations for each day cover the 24 hours ending
at the time given below (Local Standard Time).
Max Temperature: midnight
Min Temperature: midnight
Precipitation: midnight
Snowfall : unknown
Snow Depth : unknown
Climatological Data for Fresno Area, CA (ThreadEx) - July 2021 EXHIBIT 1, Pg. 5 Temperature
Date HDD CDD Precipitation New Snow Snow Depth
Maximum Minimum Average Departure
2021-07-01 100 73 86.5 4.8 22 0.00 0.0
2021-07-02 101 71 86.0 4.1 0 21
0.00 0.0
2021-07-03 100 73 86.5 4.4 22 0.00
0.0 2021-07-04 101 71 86.0 3.7 21
0.00 0.0
2021-07-05 100 68 84.0 1.5 19
0.00 0.0
2021-07-06 99 69 84.0 1.3 0 19
0.00 0.0
2021-07-07 100 69 84.5 1.6 0 20 0.00 0.0
2021-07-08 106 73 89.5 6.5 25 0.00 0.0
2021-07-09 111 81 96.0 12.8 0 31 0.00 0.0
2021-07-10 111 81 96.0 12.7 0 31
0.00 0.0
2021-07-11 114 83 98.5 15.0 34 0.00 0.0
2021-07-12 108 77 92.5 8.9 28 0.00
0.0 2021-07-13 105 74 89.5 5.8 0 25 0.00 0.0
2021-07-14 101 70 85.5 1.7 21
0.00 0.0
2021-07-15 100 71 85.5 1.6 0 21 0.00 0.0
2021-07-16 99 67 83.0 -0.9 0 18
0.00 0.0 0
2021-07-17 102 70 86.0 2.0
0.00 0.0
2021-07-18 99 74 86.5 24 0 0.00
0.0 2021-07-19 106 79 92.5 8.4 0.00
0.0 2021-07-20 104 75 89.5 5.4 0.00 0.0
2021-07-21 102 70 86.0 1.9 0.00
0.0 2021-07-22 104 71 87.5 3.4 0.00
2021-07-23 103 72 87.5 3.4
0.00 2021-07-24 103 73 88.0 3.9
0.00 2021-07-25 103 76 89.5 5.4 0
0.00 2021-07-26 98 79 88.5 4.4
0.00 2021-07-27 104 77 90.5 6.5
0.00 2021-07-28 102 73 87.5 3.5 0 0.00
2021-07-29 106 77 91.5 7.6 0.00
2021-07-30 107 81 94.0
10.1 0.00 0.0
2021-07-31 103 78 90.5 6.7 0.0
0.00 Sum 3202 2296 0
0.00 0.0
Average 103.3 74.1 88.7 5.2
Normal 97.7 69.3 83.5 0 0.03
Observations for each day cover the 24 hours ending
at the time given below (Local Standard Time).
Max Temperature: midnight
Min Temperature: midnight
Precipitation: midnight
Snowfall : unknown
Snow Depth : unknown
Climatological Data for Fresno Area, CA (ThreadEx) - August 2021 EXHIBIT 1, Pg. 6 Temperature
Date HDD CDD Precipitation New Snow Snow Depth
Maximum Minimum Average Departure
2021-08-01 107 73 90.0 6.3 0 25 0.00 0.0
2021-08-02 102 68 85.0 1.4 0 20
0.00 0.0
2021-08-03 104 70 87.0 3.5 0 22
0.00 0.0
2021-08-04 107฿ 74 90.5 7.0 0
26 0.00 0.0
2021-08-05 100 68 84.0 0.6 0 19 0.0
0.00 2021-08-06 97 64 80.5 -2.8 0 16
0.00 0.0
2021-08-07 100 70 85.0 1.8 0 20 0.0
0.00 2021-08-08 102 71 86.5 3.4 22
0.00 0.0 0
2021-08-09 102 71 86.5 3.5 22 0.00 0.0
2021-08-10 105 72 88.5 5.6 0 24 0.00 0.0
2021-08-11 106 76 91.0 8.2
26 0.00 0.0
2021-08-12 105 78 91.5 8.8 0 27 0.00 0.0
2021-08-13 104 75 89.5 6.9
25 0.00 0.0
2021-08-14 102 74 88.0 5.5 0
23 0.00 0.0
2021-08-15 103 79 91.0 8.6 0 26 0.00 0.0
2021-08-16 103 81 92.0 9.8 0 27
0.00 0.0
2021-08-17 103 74 88.5 6.4 0 0.00
2021-08-18 64 77.0 -5.0 0.00
2021-08-19 85 66 75.5 -6.4 0 0.00 0.0
2021-08-20 91 67 79.0 -2.8 0.00
• a
2021-08-21 93 66 79.5 -2.2 0.00
2021-08-22 91 62 76.5 -5.1
0.00 2021-08-23 94 65 79.5 -2.0 0 0.00
2021-08-24 96 65 80.5 -0.9 0 0.00
2021-08-25 96 65 80.5 -0.7 16 0.00
2021-08-26 98 65 81.5 0.4 17
0,00
2021-08-27 99 67 83.0 2.0 0.00
2021-08-28 104 70 87.0 6.1 0.00
2021-08-29 106 71 88.5 7.8
0.00 2021-08-30 107 73 90.0 9.4 0.0
0.00 2021-08-31 103 71 87.0 6.5
0.00 Sum 3105 2175 0 0.00
Ave rage 100.2 70.2 85.2
Normal 96.5 67.9 82.2 0 0.00
Observations for each day cover the 24 hours ending
at the time given below (Local Standard Time).
Max Temperature : midnight
Min Temperature : midnight
Precipitation: midnight
Snowfall : unknown
Snow Depth : unknown
Climatological Data for Fresno Area, CA (ThreadEx) - September 2021 EXHIBIT 1, Pg. 7 Temperature
Date HDD CDD Precipitation New Snow Snow Depth
Maximum Minimum Average Departure
2021-09-01 94 65 79.5 -0.8 15 0.00 0.0
2021-09-02 91 59 75.0 -5.1 10 0.00 0.0
2021-09-03 94 60 77.0 -3.0 12 0.00 0.0
2021-09-04 97 80.5 0.7 0 16 0.00 0.0
2021-09-05 101 83.0 3.3 18
0.00 0.0
2021-09-06 104 70 87.0 7.5 0 22 0.00
0.0 2021-09-07 106 89.0 9.7 24 0.00 0
0.0 2021-09-08 104 87.0 7.9 22
0.00 0.0
2021-09-09 107 91.5 12.6 27
0.00 0.0
2021-09-10 98 87.0 8.3 22 0.00
0.0 2021-09-11 97 83.5 5.0 19 0.00
0.0 2021-09-12 99 84.0 5.8 19
0.00 0.0
2021-09-13 99 83.5 5.5 0
19 0.00 0.0
2021-09-14 100 6.3 19
0.00 0.0
2021-09-15 97 5.0 0 18 0.0
0.00 2021-09-16 94 1.8 0 14
0.00 0.0 0
2021-09-17 91 -1.0
0.00 2021-09-18 87 -27 0.00
2021-09-19 85 -3.9 0 0.00
2021-09-20 88 -2.1 0
0.00 2021-09-21 94 3.7 0.00
2021-09-22 100 6.5 0.00
2021-09-23 92 4.4 0
0.00 2021-09-24 92 5.2 0
0.00 2021-09-25 91 5.5 0 0.00
2021-09-26 87 0.8 0.00
2021-09-27 87 -0.8
0.00 2021-09-28 78 -4.5 0.00
2021-09-29 81 -4.6 0.00
2021-09-30 87 -0.7 0.00 0.0
Sum 2822 0.00 0.0
Ave rage 94.1 65.1 79.6 2.5
Normal 90.7 63.4 77.1 2
0.05 Observations for each day cover the 24 hours ending at the time given below (Local Standard Time).
Max Temperature : midnight
Min Temperature: midnight
Precipitation: midnight
Snowfall : unknown
Snow Depth : unknown
Climatological Data for Fresno Area, CA (ThreadEx) - October 2021 EXHIBIT 1, Pg. 8 Temperature
Date HDD CDD Precipitation New Snow Snow Depth
Maximum Minimum Average Departure
2021-10-01 92 59 75.5 3.1 0 11 0.00 0.0
2021-10-02 93 60 76.5 4.5 0 12 0.00 0.0
2021-10-03 87 61 74.0 2.4 0 9 0.0
.00
2021-10-04 90 59 74.5 3.2 10 00 0.0
2021-10-05 87 61 74.0 3.1 00 0.0
2021-10-06 85 60 72.5 2.0 00 0.0
2021-10-07 81 59 70.0 -0.1 0 00 0.0
2021-10-08 67 52 59.5 -10.2 0 40 0.0
2021-10-09 72 49 60.5 -8.8
00 0.0
2021-10-10 76 51 63.5 -5.5 8 0.0
2021-10-11 70 53 61.5 -7.1 00 0.0
2021-10-12 68 46 57.0 -11.2 0 00 0.0
2021-10-13 73 46 59.5 -8.3
00 0.0
2021-10-14 75 47 61.0 -6.4 4 0 0.0
8 2021-10-15 82 50 66.0 -1.0 0 0.0
2021-10-16 84 52 68.0 1.4
0.0 2021-10-17 83 53 68.0 1.7
0.0 2021-10-18 65 50 57.5 -84
0.0 2021-10-19 70 45 57.5 -8.0 7 8 0.0
2021-10-20 76 54 65.0 -0.1 0 0.0
8 2021-10-21 82 59 70.5 5.8
0.0 2021-10-22 72 55 63.5 -0.8
0.0 2021-10-23 71 57 64.0 0.0
0.0 2021-10-24 71| 59 65.0 1.4
0.0 2021-10-25 68 50 59.0 -42
0.0 2021-10-26 67 47 57.0 -5.8 8 0
0.0 2021-10-27 70 50 60.0 -2.4
0.0 2021-10-28 76 54 65.0 3.0 0.0
2021-10-29 78 55 66.5 4.8
0.0 2021-10-30 75 57 66.0 4.7 0.0
2021-10-31 68 54 61.0 0.1 0.0
Sum 2374 1664 0.0
Average 76.6 53.7 65.1 • 8•
Normal 78.7 54.6 66.7 56 108 0.56
Observations for each day cover the 24 hours ending
at the time given below (Local Standard Time).
Max Temperature: midnight
Min Temperature: midnight
Precipitation: midnight
Snowfall : unknown
Snow Depth : unknown
Fresno, CA - Climate & Monthly weather forecast https://www.weather-us.com/en/california-usa/fresno-climate#humidi...
EXHIBIT 1, Pg. 9
Average humidity Fresno, CA
Humidity - Fresno, CA
Humidity (%)
100
90 80
70 65%
64% 64%
61%
60 54%
52%
50 44%
41%
40 33%
29% 31%
30 28%
20 10
0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Average humidity in January: 65% Average humidity in July: 28% Average humidity in February: 64% Average humidity in August: 29% Average humidity in March: 61% Average humidity in September: 31% Average humidity in April: 54% Average humidity in October: 41% Average humidity in May: 44% Average humidity in November: 52% Average humidity in June: 33% Average humidity in December: 64% The month with the highest relative humidity is January (65%). The month with the lowest relative humidity is July (28%).
1 Location Today Tomorrow 10 days Climate
12 of 22 8/24/2022, 9:54 AM
Exhibit 2
HEAT STRESS INDEX
RELATIVE HUMIDITY
50% 60% 70% 80% 90%
104
102
100
98 96
94 92
90 TEMPERATURE 88
86 84 99
82 95
80 89
78 83 85
76 78 79
74 NOTE: Add 10°F when protective clothing is worn and add 10°F when in direct sunlight.
HUMITURE OF DANGER INJURY THREAT
CATEGORY
BELOW 60° NONE LITTLE OR NO DANGER UNDER NORMAL
CIRCUMSTANCES
80°- 90° CAUTION FATIGUE POSSIBLE IF EXPOSURE IS PROLONGED
AND THERE IS PHYSICAL ACTIVITY
90° - 105° EXTREME HEAT CRAMPS AND HEAT EXHAUSTION
CAUTION POSSIBLE IF EXPOSURE IS PROLONGED AND
THERE IS PHYSICAL ACTIVITY
105° - 130° DANGER HEAT CRAMPS OR EXHAUSTION LIKELY, HEAT
STROKE POSSIBLE IF EXPOSURE IS PROLONGED
AND THERE IS PHYSICAL ACTIVITY
ABOVE 130° EXTREME HEAT STROKE IMMINENT!
DANGER
Table 1-
REEDLEY
O REEDLEY CITY COUNCIL
Consent
THI Regular Item
WORLD Workshop
BA Closed Session
S FRUN
Public Hearing
ITEM NO: 12
DATE: November 8, 2022
TITLE: ADOPT RESOLUTION NO. 2022-088 AMENDING THE FISCAL YEAR 2022-2023 ADOPTED BUDGET TO REALLOCATE $100,000 IN CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 FOR INITIAL PLANNING & DESIGN WORK ASSOCIATED WITH A FUTURE
CITY HALL FACILITY
SUBMITTED: Paul A. Melikian, Assistant City Manager pa
APPROVED: Nicole R. Zieba, City Manager A
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-088 amending the fiscal year 2022- 2023 Adopted Budget to reallocate $100,000 of previously budgeted Coronavirus State and local Fiscal Recovery Funds under the American Rescue Plan Act of 2021 (ARPA) for initial planning and design work associated with a future City Hall facility located on the City-owned vacant parcel behind the former Fresno County courthouse. Funds were previously allocated towards the purchase and rehabilitation of the courthouse for a future City Hall annex.
EXECUTIVE SUMMARY
Reedley's City Hall and Police Headquarters have been in their current location since the year 1960, and was last expanded in 1996 - 26 years ago. In 2001, the City took possession of the Royal Valley Building property (behind City Hall) with an eye towards future expansion. In 2015, the City added a double-wide trailer to the parking lot next to the Police Department as a permitted temporary structure to accommodate immediate office space needs at that time. Both City Hall and Police Headquarters have been reconfigured several times over the years to maximize the use of available space. Each time office space is reconfigured, staff have to be ever more creative in finding space, which over the last few years has resulted in some unconventional working spaces that are not ideal in the long term.
City Hall and Police Headquarters are currently both at capacity, with no room to develop additional workspaces. Staff began the process of planning and initial design work of a new facility to accommodate current and future space needs for the next generation, to serve the City for the next 25-30 years.
A handful of options have been identified to accommodate future office and meeting room space. Staff have carefully weighed the pros and cons of each option; and at this time, the most cost-effective solution appears to be the construction of a new City Hall building and moving the Police Department into the existing City Hall space. This is primarily due to the significant cost of constructing a new jail, evidence storage, and supporting facilities that are specific to law enforcement use that would not be necessary with a City Hall facility. The costs would be further magnified in that the existing special use spaces (jail, etc.) would need to be remodeled for non-law enforcement use to alleviate space needs of City Hall operations. All options considered include: 1) removing the double-wide mobile home currently used by the Police detective and crime analysis unit, as this structure was always intended to be temporary, and designed and constructed as such; and 2) development of additional electric vehicle charging spaces as the City fleet continues a steady transition to electric. There are still many considerations that must be carefully dealt with, and the planning and design process will assist in fleshing out these details.
Should the Council authorize the initial planning and design work to proceed, City staff will meet with an architect over the coming months to discuss space needs with the goal of developing a draft site plan, floor plan and building elevations for the Council's further consideration and input, which would occur sometime next year.
BACKGROUND
Former County Courthouse
Earlier this year, with Council approval, the City was working towards a possible purchase of the former Reedley Courthouse, located next door, which would have provided an opportunity for approximately 6,000 square feet of additional office and meeting space, provided a sizable investment was made to completely rehabilitate the building. However, this option is no longer available, as the County has signaled their intentions to exercise an option to purchase the remaining portion of the ownership interest from the State of California, and work towards expanding their footprint in the building. While unfortunate that this option did not work out, the former courthouse was never considered to be a long-term solution.
This is because the additional space would likely only have taken care of office and meeting room space needs the next 5-10 years, as approximately half of the square footage would have been immediately taken by the detective and crime analysis units with the removal of the double-wide trailer.
Property History
The vacant parcel for the future City Hall project sits on what was historically referred to as the 'Royal Valley' building property. The Royal Valley building was formerly located behind Reedley City Hall, Police Headquarters and the former Fresno County courthouse, taking up the entire block between 8* and gth streets. The property was purchased by the City in January 2001 for $200,000, using former Redevelopment Agency funds, from the Royal Valley Fruit Growers Association. When the property was purchased, it was done with an eye towards future expansion of public facilities as it was recognized at that time that the City would eventually need the space.
A Phase I Environmental Assessment from December 2000 references conversations with a Mr. Stuart Rotan with the Royal Valley Fruit Growers Association that provides a partial snapshot of the history of the property. The parcels located at 1754 and 1755 8* street were owned by the Sun Maid Raisin Growers Association and occupied with raisin storage sheds and open box storage, respectively, from the early 1900s through 1945 when the parcel was sold to Royal Valley and developed with office, fruit packing and cold storage facilities.
The Royal Valley facility was used for storage and parking needs until it was fully demolished by the City in early 2019 due to the structures having numerous environmental and structural issues, and in order to use the property for the future expansion of public facilities as originally intended. The demolition project left the City with a largely unimproved vacant parcel that was developed with a fenced concrete parking lot with elevated solar structures, limited EV charging spaces, secure law enforcement storage area, security lighting, drainage, and appropriate improvements to the parking lot surface. These improvements served to replace the large covered parking area in the Royal Valley Building that was heavily used by City Hall and Police Department staff.
At the time of the parking lot construction, a 14,920 square foot 'pad' facing 8th Avenue was reserved for a future City facility.
FISCAL IMPACT
The City has previously allocated $1M of its available ARPA funds towards the purchase and rehabilitation of the former County courthouse, which was itself a rough estimate of total cost. At this time, staff is requesting $100,000 of this original allocation to be used for initial design and planning work for this new facility, representing a placeholder estimate for this work until staff have an opportunity to solicit a formal proposal from an architectural firm. Throughout the process, staff will be looking for opportunities to minimize costs where possible.
It is important to begin planning now, as the planning, design, financing, bid/award, and construction process is estimated to take two to three years. In addition, ARPA funds must be spent by December 31, Due to the scale of this project, the City of Reedley will likely have to secure long-term financing for a portion of the project cost. While local funds, such as General Fund, ARPA, and DIF funds will be used, the City will also be seeking any available grants or financial assistance from the State of California to complete the project budget. As defined in the City's debt policy, it is appropriate to issue long-term debt for a facility such as this, as it will serve residents and businesses for years to come, and staff have intentionally kept debt levels low to allow for capacity to take on important projects.
ATTACHMENTS
Budget Resolution No. 2022-088
BUDGET AMENDMENT
RESOLUTION 2022-088
The City Council of the City of Reedley does hereby amend the 2022-23 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
001-4295.6166 New City Hall $ 100,000
Total $ 100,000
Purpose: To provide up to $100,000 for initial planning and design work for a new City Hall facility. Appropriations are being transferred from the Former Fresno County Courthouse purchase & renovation project, which is no longer happening.
SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
001-4295.6484 Courthouse Renovation $ 100,000
Total $ 100,000
Impact: This appropriation will not affect the fund balance, as it is only reallocating previously authorized appropriations from one project to another.
REVIEWED: RECOMMENDED:
Petruliar
Assistant City Manager 11/01/22
City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on November 8, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY
REEDLEY CITY COUNCIL
CALIFORNI
Consent
HLL Regular Item
Workshop
WORLD BASKET Closed Session
FRUIT Public Hearing
Receive/Review
13 ITEM NO:
DATE: November 08, 2022
TITLE: QUARTERLY EXPENSE & TRAVEL REPORT FOR ELECTED AND APPOINTED OFFICIALS - JULY 01, 2022 THROUGH SEPTEMBER 30, 2022 SUBMITTED: Paul A. Melikian, Assistant City Manager
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
It is recommended that the City Council receive and review the quarterly expense & travel report for elected and appointed officials as required by Resolution No. 2018-091 that established an Expense Reimbursement and Travel/Conference Policy for Elected and Appointed Legislative Body Officials.
EXECUTIVE SUMMARY
The Expense Reimbursement and Travel/Conference Policy for Elected and Appointed Legislative Body Officials provides that, official travel and credit card expense reports shall be provided quarterly to the City Council as a receive & review item on the Council's agenda.
Attached is a breakdown of City-paid travel and/or other expenses incurred by Elected and Appointed Legislative Body Officials for the period of July 1st through September 30th, 2022.
BACKGROUND
It is in the best interests of the City that elected and appointed officials remain informed and trained in activities, developments and professional trends affecting the affairs of the City, and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.
The Expense Reimbursement and Travel/Conference Policy applies to City Councilmembers and all appointed legislative body officials including Planning Commissioners, and other volunteer members of City boards, commissions, and committees.
The Policy is designed to provide guidance to elected and appointed legislative body officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured, all in compliance with the requirements of AB 1234 (Government Code §§ 53232.2, 53233.3).
After being sworn in, any elected or appointed legislative official of the City is required to sign a statement formally acknowledging receipt and acceptance of the policy.
ATTACHMENTS
Quarterly Expense & Travel Report for Elected and Appointed Legislative Body Officials City of Reedley
Quarterly Expense & Travel Report for Elected and Appointed Legislative Body Officials
Reporting Period: July 01, 2022 - September 30, 2022
Name Expense Description Amount
1 Mary L. Fast, Mayor Mileage Reimbursement $ 103.85
2 Meal - League of CA Cities 56.27
3 Parking - League of CA Cities 17.00
4 Room Rent - League of CA Cities 745.15
5 Matthew Tuttle,
Councilmember Meal - League of CA Cities 145.22
6 Parking - League of CA Cities 42.00
7 Room Rent - League of CA Cities 1,198.52
REEDLEY
REEDLEY CITY COUNCIL
Consent Calendar
Regular Item
Workshop
BASKET Public Hearing
X Receive and File
14 ITEM NO:
DATE: November 8, 2022
TITLE: RECEIVE, REVIEW, AND FILE THE 2022 CITY OF REEDLEY ANNUAL WATER
SUPPLY AND DEMAND ASSESSMENT
SUBMITTED: Russ Robertson, Public Works Director Itt
APPROVED: Nicole Zieba, City Manager V
RECOMMENDATION
That the City of Reedley receive, review, and file the 2022 City of Reedley Annual Water Supply and Demand Assessment (AWSDA). No action is required other than to receive, review, and file the report.
EXECUTIVE SUMMARY
As required by California Water Code 10632(a) and as documented in the City of Reedley's Urban Water Management Plan and Water Shortage Contingency Plan, the City must conduct, document, and submit a Water Supply and Demand Assessment (AWSDA) report each year beginning in 2022. The City retained Michael K. Nunley & Associates, Inc. (MKN) to complete the 2022 AWSDA to be submitted to the State of California Department of Water Resources.
The report serves as a planning tool to help agencies identify potential water supply shortages and to implement water shortage response actions should they be needed in the future. The report evaluates the City's water supply and water availability and compares that data to the City's current and future water demands.
Some interesting facts noted in the report is that the City's current well production capacity far exceeds despite current drought conditions and water restrictions the City's gallons used per capita has steadily increased over the last 2 years. Various factors could be the cause of this, including people spending much more time at home during the Covid 19 pandemic.
ATTACHMENTS
2022 Annual Water Supply and Demand Assessment Report
mka
To: John Ornellas
Water System Supervisor
City of Reedley
From: Rob Lepore, GISP | MKN & Associates, Inc.
Reviewer: Josh Nord, PE | MKN & Associates, Inc.
Date: September 7, 2022
Re: City of Reedley - 2022 Annual Water Supply and Demand Assessment
1.0 Introduction
The City of Reedley (City) retained Michael K. Nunley & Associates, Inc. (MKN) to complete the 2022 Annual Water Supply and Demand Assessment (AWSDA) and prepare the Annual Shortage Report to be submitted to the California Department of Water Resources (DWR). The scope of services for this project included the following:
• Task 1: Documentation Review
• Task 2: Preparation of Annual Water Supply and Demand Assessment Task 3: Preparation of Annual Water Shortage Report
2.0 Overview
As required by California Water Code 10632(a) and as documented in the City's 2020 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSP) updates, the City must conduct, document, and submit their AWSDA in the form of an Annual Shortage Report (Report) with supporting tables to DWR by July 1st of each year. The recommended approach to completing the AWSDA includes the following:
• Receiving and reviewing the key data inputs including unconstrained demand, available supply, infrastructure capability, and plausible constraints
• Developing the written decision-making process used by the City to determine water supply reliability • Assessing locally applicable evaluation criteria
O Describing and quantifying available water supply sources • Performing the supply and demand analysis
• Evaluating planned shortage response actions (based on the City's WSCP) ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US City of Reedley
2022 Annual Water Supply and Demand Assessment mka
September 7, 2022
• Compiling and submitting the Annual Shortage Report
Figure 2-1 illustrates the timeline identified by the State for preparing the first Annual Water Shortage Assessment Report Figure 2-1 also defines and how the Current Year data (including shortage activities) to be used for the Dry Year projections.
Figure 2-1: Timeline for First Annual Water Shortage Assessment Report Due Date for Current Annual Water
Shortage Assessment Report
July 1, 2022
Current Year Dry Year
July 1, 2021 - June 30, 2022 July 1, 2022 - June 30, 2023 Activities During Current Year Activities During Next Year • Ongoing reassessments of water supply and • What was the assumed Dry Year of the previous demand conditions of Current Year Annual Water Shortage Assessment Report • Readjust water shortage response actions as becomes the Current Year for the next report needed during Current Year • Repeat Current Year activities based on actual • Conduct water supply and demand assessment conditions for assumed Dry Year water supply and demand
conditions for next year
• Prepare Annual Water Shortage Assessment
Report and submit on or before July 1, 2022
For the purpose this 2022 Annual Shortage Report, the Current Year was defined as the twelve-month period between July 1, 2021 to June 30, 2022. The Next Year was defined as the twelve-month period between July 1, 2022 to June 30, 2023.
ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US | 2 City of Reedley
2022 Annual Water Supply and Demand Assessment mkn
September 7, 2022
3.0 Annual Water Supply and Demand Assessment Procedures In accordance with CWC 10632, the City conducted an annual water supply and demand assessment, or annual assessment for the 2022 - 2023 reporting period. The AWSDA serves as a planning tool to help agencies identify potential water supply shortages and to implement water shortage response actions (if required) to mitigate possible shortfalls in supply. The City's 2020 Water Shortage Contingency Plan (WSP) includes six stages of water shortage, each with its own set of shortage response actions. The WSCP team consists of the City Manager, Public Works Director, and Water System Supervisor. The team drafted and prepared the annual water supply reliability analysis report with support from MKN.
3.1. Assessment Methodology
Staff completed the following steps to evaluate the City's water supply and demand:
• Evaluate Water Supply: The Public Works Director and Water System Supervisor monitored water supply and availability on a seasonal basis throughout the Current Year.
Calculate Unconstrained Customer Demand: Using the Public Water System Statistics Sheet, the total water delivered during the Current Year was calculated.
• Estimate Water Use for the Next Year: The available water supply and the customer demand was compared and expected water shortage was determined.
• Assess Supply and Demand: Supply and demand were compared the level of water supply reliability for the Next Year were determined to be sufficient or insufficient. Where applicable, the declaration of a water shortage level and issuance of relevant communication, were identified.
The report used the key data inputs and methodology described in Table 3-1 to determine the unconstrained demand, infrastructure capabilities, available water supply and reliability for the Current Year and Next Year.
ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US | 3 City of Reedley
2022 Annual Water Supply and Demand Assessment mkn
September 7, 2022
Table 3-1: Key Data Inputs
Key Input: Data: Description:
Current year The water statistics sheet is prepared by the City's Public Works Customer Public Water System
Director and Water System Supervisor in January for the Current Statistics Sheet (DWR Year. The statistics sheet will be used to calculate water supply by Demand and
sheet)
Available Supply source and show unconstrained water demand.
This worksheet is prepared by the City's Public Works Director Projected Water Well Production and Water System Supervisor updated each year. This worksheet Supply History Worksheet provides the monthly production totals for each well. This will be used to help determine water supply reliability.
This list will be prepared by the City's Public Works Director and Water System Supervisor to describe all the planned City projects Infrastructure Annual Project List
Considerations and Schedule for the Next Year. The annual project list will be used to assess infrastructure capabilities and any potential constraints to the water system.
4.0 Documentation Review
MKN reviewed the following information and documentation to complete the 2022 AWSDA and prepare the Annual Shortage Report:
• Monthly demands by customer type (July 1, 2021 to June 30, 2022) • Monthly supply by source (July 1, 2021 to June 30, 2022) • 2020 Urban Water Management Plan
• 2020 Water Shortage Contingency Plan
5.0 Agency Background
The City is located along the Kings River in Fresno County, lying just inland between the State's coastal mountain range and the Sierra Nevada Mountains. The City is a public agency that provides water and sewer service to all residential, commercial, and industrial customers as well as for fire protection uses. Covering approximately 5.08 square miles, the City serves a current population of 25,873 through approximately 5,914 active service connections (2020 UWMP).
The City is the governing agency and the sole purveyor of water within the city limits. The City adopted the Reedley 2030 General Plan (General Plan) in February 2014. The General Plan assesses delineated land use areas referred to as the Sphere of Influence (SOI), which is larger than the proposed City limits. The SOl includes land over which the City does not have complete jurisdiction currently, but does have the option to annex land and develop it in the future. The SOl area encompasses approximately 11 square miles (7,050 acres). The SOl is recognized as the ultimate ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE I SANTA CLARITA | VENTURA MKNASSOCIATES.US | 4 City of Reedley
2022 Annual Water Supply and Demand Assessment mkn
September 7, 2022
City growth boundary over the life of the City's current General Plan. The 2020 Urban Water Management Plan assumed that the SOl describes the future water system service area.
The land uses in the 2030 General Plan include residential (suburban, low density, medium density, and high density), commercial (community, service, downtown, neighborhood, and office), industrial (light and heavy), public, and recreational. Existing land uses are primarily residential and industrial. Single-family residential represents 56.4 percent of overall land use and industrial represents 12.5 percent.
6.0 Water Supply and Distribution System Overview
6.1. Basin Description
The City is located in the San Joaquin Valley Groundwater Basin and extracts groundwater from the Kings Subbasin.
DWR Bulletin 118 - Update 2003, "California's Groundwater" contains a detailed description of the Kings Subbasin and its characteristics and conditions.
As part of the San Joaquin Valley Groundwater Basin, the Kings Subbasin straddles portions of both the Sacramento and San Joaquin Valleys in Fresno, Kings, and Tulare County. The subbasin occupies approximately 976,000 acres, and is bordered to the north by the San Joaquin River. The subbasin is bordered on the south by the southern fork of the Kings River and the northern boundaries of the Empire West Side Irrigation District and Kings County Water District, southern boundaries of Laguna, Consolidated, and Alta Irrigation Districts, and western boundary of Stone Corral Irrigation District. The eastern boundary of the subbasin is the alluvium-granite rock of the Sierra Nevada. The western boundary is the eastern boundaries of the Delta-Mendota and Westside Subbasins.
Groundwater recharge comes from river, stream, and canal seepage, percolation of irrigation water, and intentional recharge. For the most part, the groundwater table in the Reedley area is dependent on snow melt and runoff in canals and ditches of the Alta Irrigation District as well as recharge from the Kings River. Snow pack in the Sierra Nevada to the east is variable and total water supply to the area is subject to wide fluctuations in volume. Groundwater pumping is inversely proportional to the surface water supply available in the region, and in years when there is limited surface water available for irrigation, the groundwater levels experience a decline.
6.2. Supply Constraints
The City relies 100% on local groundwater for its water supplies. The San Joaquin Valley Groundwater Basin is not adjudicated and the City is not restricted to a specific volume of groundwater from the Kings Subbasin, but groundwater must be beneficially used. The City is responsible for monitoring groundwater levels, quantities extracted, and quality ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US 5 City of Reedley
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of its potable supply wells and this information available to the community, agencies, and stakeholders, including the State of California.
The City is engaged in groundwater recharge projects and activities to reduce the consumptive use of groundwater. For example, the City currently recharges treated wastewater effluent from the Wastewater Treatment Plant (WWTP) into the groundwater basin using percolation ponds on the site. The City also maintains nine stormwater percolation basins that provide groundwater recharge, although the volume of recharged stormwater has not been quantified. The percolated wastewater and stormwater are subsequently pumped as groundwater for local crop irrigation.
The Sustainable Groundwater Management Act (SGMA), which became effective January 1, 2015, established a framework of priorities and requirements to help local agencies sustainably manage groundwater within a basin or subbasin. The SGMA allows local agencies to form a Groundwater Sustainability Agency (GSA) through either a Joint Powers Authority (JPA), a Memorandum of Agreement (MOA), or another legal agreement. In March 2016, the City entered into a Memorandum of Understanding (MOU) with other local agencies to from the Kings River East GSA. The primary purposes of the MOU are facilitating a cooperative and ongoing working relationship among the agencies and to developing and implementing mutually beneficial approaches and strategies for implementing the Act in the Kings subbasin. The MOU also desires to facilitate contracts with other agencies, both current and prospective, overlying the subbasin, in order to coordinate with the GSA to implement a Groundwater Sustainability Plan (GSP) and satisfy the requirements of the Act.
6.3. Water Distribution System Overview
The City relies upon seven active domestic water supply wells that provide potable water to City customers. Each well pumps water directly into the water distribution system, is composed of approximately 82 miles of pipeline and three elevated storage tanks. The existing well capacities range from 650 to 2,500 gallons per minute (gpm), with a total combined production capacity of approximately 11,550 gpm. With the largest well out of service and Well No. 12 (standby well) not in operation, the combined production capacity of the system is approximately 7,163 gpm. Table 6- 1 provides a summary of existing total production capacity, historical operating time as a percent, assumed operational capacity (75%), and reduced production capacity with the largest well offline.
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Table 6-1: Well Production Capacity
Percent of Total Production Capacity (gpm)
Well Operation (2021- Operational (75%) with
Total Operational (75%)
2022) Largest Well Offline
5A 24% 2,000 1,500 1,500
6A 14% 2,200 1,650 1,650
10 8% 1,100 825 825
11 8% 1,100 825 825
12 0% 2,000
13 14% 650 488 488
14 32% 2,500 1,875
Total 100% 11,550 7,163 5,288
Notes:
1. Well No. 12 is currently on standby
2. gpm = gallons per minute
7.0 Current Year and Next Year Demand Projections
7.1. Current Year Demands
For this 2022 Annual Shortage Report, the Current Year (2021 - 2022) is defined as the twelve-month period which ended on June 30, 2022. Table 7-1 provides an overview of the Current Year water demands by use type within the City's service area during this period.
Table 7-1: Current Year Demands
Use Type Water Use (MG) Percent of Total
Commercial 176 11%
Industrial 53 3%
Irrigation 101 6%
Losses 554 34%
Multi-Family Residential 120 7%
Single Family Residential 603 38%
Total 1,607 100%
Notes:
1. City is currently replacing faulty customer meters through a multi-year replacement project that will reduce documented system losses in the future
2. MG = million gallons
3. Institutional and governmental uses are tracked under commercial customer class
ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US | 7 City of Reedley
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Table 7-2 provides an overview of the monthly demand variation during the Current Year.
Table 7-2: Current Year Demands
Month Water Use (MG) Percent of Total
July 201 13%
August 198 12%
September 174 11%
October 130 8%
November 91 6%
December 80 5%
January 81 5%
February 86 5%
March 107 7%
April 120 7%
May 163 10%
June 178 11%
Total 1,607 100%
7.2. Historical and Future Population Projections
Historically, growth in the City has been residential in nature and has averaged approximately 3 percent per year since 1945. The 1990s and early 2000s had a declining trend from 3.6 percent to 2.4 percent per year. Currently, the California Department of Finance population data from 2021 to 2022 shows a population increase of 0.2%. For the City's 2020 UWMP a future population estimate of 47,369 was assumed for year 2045. This estimate was based on the City's current General Plan (February 2014) with an estimated annual average growth rate of 3% (2010 to 2030).
Current and estimated population projections for the City's service area through the year 2045 are provided in Table 7-
3. Table 7-3: Population - Current and Projected
Population 2022 2025 2030 2035 2040 2045
Served 24,982 30,172 34,471 38,771 43,070 47,369
Notes:
1. The 2022 population estimate based on DOF Table E-5
2. The 2025 to 2045 was based on the City's 2020 UWMP
Figure 7-1 provides an overview of historical population as reported by the California Department of Finance (DOF) for the City and projected population estimate based on the City's 2020 UWMP.
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Figure 7-1: Population Projection
53,000
48,000
43,000
POPULATION 38,000
33,000
28,000
23,000
TIME (YEAR)
-Population Actual (DOF Table E-5) -Population Projected (2020 UWMP) Table 7-4 provides a summary of historical gross and residential Gallons per Capita per Day (GPCD) within the City's service area.
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Table 7-4: Historical Use Rates (GPCD)
Population Water Meter Residential
Service Area Gross Water
Year Percent Production Residential Water Use
Population Use (gpcd)
Increase (MG) Use (MG) (gpcd)
2010 24,194 1,539 174 836 95
2011 24,494 1.2% 1,450 162 983 110
2012 24,662 0.7% 1,640 182 1,026
2013 24,996 1.4% 1,600 175 650
2014 25,032 0.1% 1,500 164 675
2015 25,542 2.0% 1,302 140 615
2016 25,510 -0.1% 1,366 147 574
2017 25,579 0.3% 1,403 150 634
2018 25,887 1.2% 1,534 162 635
2019 25,950 0.2% 1,509 159 628
2020 25,974 0.1% 1,639 173 694
2021 24,929 -4.0% 1,609 177 599
5-Year Average 164
10-Year Average 163
Notes:
1. The 5-year year average is based on calendar years 2017 to 2021
2. The 10-year average is based on calendar years 2012 to 2021
3. Gpod = gallons per capita per day
4. It should be noted that historical service area population values are based on DOF population data adapted to the 2020 Census data
7.3. Next Year Demand Projections
Annual water demands were assumed to increase proportionally to the City's populations projections identified in the 2020 UWMP. Future water demand projections in the 2020 UWMP are based on population projections multiplied by the 10-year average GPCD of 163 as calculated in the 2020 UWMP and aggregated for each use type per the customer type percentages. The following equation was used to determine demand projections for the 2022 AWSDA:
Demands = Population x 163 GPCD x Use Type Percentage
Based on review of available population estimates from the California DOF for 2022, Current Year Water Demand (2021 - 2022), and demand projections from the City's 2020 UWMP the Next Year Demand is estimated to be 1,717 MG.
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Table 7-5 provides an overview of the estimated Next Year (2022-2023) unconstrained water demands by use type.
Table 7-5: Next Year Water Demands
Use Type Water Use (MG)
Commercial 195
Industrial 48
Irrigation 83
Losses 664
Multi-Family Residential 122
Single Family Residential 606
Total 1,717
8.0 Historical and Future Supply Projections
The City relies 100% on local groundwater and extracts their supply from the Kings Subbasin, which is not adjudicated.
Figure 8-1 provides an overview of historical groundwater production and projected production based on the City's 2020 UWMP.
Figure 8-1: Supply Projection
3,000
2,800
2,600
2,400
2,200
2,000
PRODUCTION (MG) 1,800
1,600
1,400
1,200
1,000
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045
TIME (YEAR)
-Production (Actual) -Production (2020 UWMP)
ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US_| 11 City of Reedley
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9.0 Supply and Demand Analysis
Table 9-1 provides a summary of the projected supply surplus and/or shortage both with and without WSCP actions for each month of the Next Year Demand reporting period.
Table 9-1: Potable Water Shortage Assessment
Planning Surplus / % Surplus / State
Anticipated Anticipated Level Shortage w/o Shortage w/o Standard Month Unconstrained Total Water Production
Demand (MG) Supply (MG) Capacity WSCP Action WSCP Action Shortage (MG) (MG) (MG) Level
July 215 215 232
August 211 211 232
September 185 185 232
October 139 139 232
November 97 97 232
December 85 85 232
January 86 86 232
February 92 92 232
March 114 114 232
April 128 128 232
May 174 174 232
June 191 191 232
Total 1,717 1,717 2,779
Notes: The Planning Level Production Capacity assumes a worst-case scenario that the City's largest well is offline, standby well is not in operation, and that the remaining wells are operated at 75% production capacity.
These values do not necessarily represent typical system operations.
The findings in Table 9-1 indicate that the City will have sufficient supply to serve the Next Year Demands. This is consistent with the Drought Risk Assessment (DRA), included in the 2020 UWMP, that reviewed supply reliability to serve a normal, single dry, and multiple dry years (5-year drought). The DRA compared the City's supply and demands through 2045 and indicated that water shortages are not projected because the City's supply can meet water demands in all year types.
10.0 Planned Shortage Response Actions
Based on the results of the 2022 AWSDA, it was determined that the City will have sufficient supply available to meet the Next Year Demands (2022 - 2023) without the need of activating the City's WSCP. No planned shortage response actions will be required for the coming year.
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Attachments:
Attachment 1: AWSDA Tables 1 - 5
ARROYO GRANDE | BAKERSFIELD | FRESNO | IRVINE | OCEANSIDE | SANTA CLARITA | VENTURA MKNASSOCIATES.US | 13 Table 1. Annual Assessment Information
Annual Assessment Information (Required)
Year Covered By This Shortage Report
Start: July 1, 2022
End: June 30, 2023
Supplier's Annual Assessment Planning Cycle
Start Month: July
End Month: June
Data Reporting Interval Used: Monthly
Volume Unit for Reported Supply and Demand: MG
Water Supplier's Contact Information
Water Supplier's Name: City of Reedley
Contact Name: John Ornellas
Contact Title: Water System Supervisor
Street Address: 1733 9th Street
ZIP Code: 93654
Phone Number: 559 637-4200
Email Address: [email protected]
Report Preparer's Contact Information
Preparer's Organization Name: Michael K. Nunley and Associates Preparer's Contact Name: Robert Lepore
Phone Number: 805 904-6530
Email Address: [email protected]
Supplier's Water Shortage Contingency Plan
WSCP Title City of Reedley Water Shortage Contingency Plan WSCP Adoption Date 3/8/2022
Other Annual Assessment Related Activities (Optional)
Activity Timeline/ Outcomes / Links / Notes
Annual Assessment/ Shortage Report Title: Optional
Annual Assessment / Shortage Report Approval Date: MM/DD/YYYY Other Annual Assessment Related Activities: Optional
= From prior tables
= Auto calculated
Table 2: Water Demands'
Use Type Start Year: 2022 Volumetric Unit Used?: MG
Drop-down lisT Level of
May select each use multiple times Additional Treatme
Proiected Water Demands - Volume
These are the only Use Types that will Description nt for be recognized by the WUEdata online as needed) Non-
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totar Dy Water suhmittal tool Potable
Demands Served by Potable Supplies
Commercial 24 24 16 10 10 13 195
Industrial 48
Landscape 10 10 83
Losses 83 82 72 38 33 33 49 664
Multi-Family 15 15 13 10 12 122
Single Family 76 74 65฿ 49 34 30 30฿ 40 606
Total by Month (Potable) 215 211 185 139 85 86 114 128 174 191 1717 Demands Served by Non-Potable Supplies
Total by Month (Non-Potable)
Notes: List considered factors impacting demands
Proiections are based on best available data at time of submitting the report and actual demand volumes could be different due to many factors.
Optional (for comparison purposes Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Last year's total demand 201 198 174 130 91 80 86 107 120 163 178 1,607 Two years ago total demand 213 208 166 144 120 93 82 133 172 181 1,679 Three years ago total demand
Four vears ago total demand
= From prior tables
= Auto calculated
Table 3: Water Supplies!
Water Supply Start Year: 2022 Volumetric Unit Used?: MG Drop-down LIST water Otal Right
Additional
May use each category multiple Quality or Safe
Detail on Projected Water Supplies - Volume
times. These are the only water Totar Dy Yield*
Water Supply Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun cunnly catatoriac that will ba.
Potable Supplies
Groundwater (not desal.) Kings Subbasin 215 211 185 139 97 85 86 92 114 128 174 191 1,717 Total by Month (Potable) 215 211 185 139 97 85 86 92 114 128 174 191 1,717 Non-Potable Supplies
Total by Month (Non-Potable)
Notes: List hydrological and regulatory conditions, infrastructure capabilities, and plausible constraints which may impact the water supplies 'Proiections are based on best available data at time of submitting the report and actual supply volumes could be different due to many factors.
Optional (for comparison purposes Aug Sep Oct Nov Dec Feb Mar Apr May Jun Total eAR Reported Total Water Supplies
= Auto calculated
= From prior tables
= For manual input
гае 4ry. Porawe water Snortage Assessmenr Start Year: 2022 MG Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun' Total
Anticipated Unconstrained Demand 214.9 211.1 185.4 139.2 97.4 85.1 86.0 91.7 114.2 127.8 173.7 190.5 1717.00 Anticipated Total Water Supply 214.9 211.1 185.4 139.2 97.4 85.1 86.0 91.7 114.2 127.8 173.7 190.5 1717.00 Surplus/Shortage w/o WSCP Action 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Surplus/Shortage w/o WSCP Action 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% State Standard Shortage Level
Planned WSCP Actions
Benefit from WCP: Supply Augmentation 0.0
Benefit from WSCP: Demand Reductior 0.0
Revised Surplus/Shortage with WSCP 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Revised Surplus/Shortage with WSP 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 'Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors. = Auto calculated
= From prior tables
= For manual input
Гаюте 4[VP). NOn-T Otabe water Snortage Assessment Start Vear: 2022 vorametrit onit oseu? MG Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun? Total
Anticipated Unconstrained Demand: Non-Potable 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 Anticipated Total Water Supply: Non-Potable 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Surplus/Shortage w/o WSCP Action: Non-Potable 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Surplus/Shortage w/o WSCP Action: Non-Potable
Planned WSCP Actions
Benefit from WSCP: Supply Augmentation 0.0
Benefit from WSCP: Demand Reduction 0.0
Revised Surplus/Shortage with WSCP 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Revised Surplus/Shortage with WSCP
Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors.
Table 5: Planned Water Shortage Response Actions July 1, 2022 to June 30, 2023 Amtapated Is action
Shortage Augmentation, and Other Actions. When is shortage response already being How much is action going to
Level (Drop-down List) action anticipated to be
implemented reduce the shortage gap?
Drop-down List of These are the only categories that will implemented? State Standard be accepted by the WUEdata online
(Y/N) Enter Amount Start Month End Month
Lavala 11 Gland cubmittalton Salact thace that nanl
Add additional rows as needed
0 (No Shortage) No Actions No
NOTES: