San Juan Bautista City Council
September 10, 2024

City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us

CITY COUNCIL

SPECIAL MEETING
TUESDAY, SEPTEMBER 10, 2024, 5:00 P.M.

HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA

ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.

Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.

JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235

To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235

PUBLIC COMMENT - ADVISEMENT
Public comments are limited to items on this special meeting agenda pursuant to California Government Code section § 54954.3(b). Public comments are generally limited to three (3) minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.

1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
Page | 2 City Council September 10, 2024

2. CLOSED SESSION 5:00 P.M. – 6:00 P.M.

Receive public communication from the audience on Closed Session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1)) b. Conference with Legal Counsel—Anticipated Litigation – (Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9:
one cases.)
c. Public Employee Performance Evaluation – (California Government Code section §54956.7(b)(1)) – the City Attorney.

3. PRESENTATION
A. San Benito Urban Areas – Holly Kennedy, San Benito County Water District

4. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council and Staff Announcements
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the general public.

D. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
c. Public Safety Department Update

5. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.

A. Approve the Affidavit of Posting Agenda.

B. Approve a RESOLUTION Authorizing Closure of Streets for Events in 2024.

C. Awarding Contract for the Citywide ADA Improvement Project CIP 23-01 Recommendation: Approve a Resolution awarding the contract for the Citywide ADA Improvement Project to Kraemer Engineering, Inc., in the amount of $68,350.00; and approve a project contingency fund of $6,835.00 and authorize the City Manager to approve potential contract change orders and other construction contingencies within said fund.

D. Approve the Regular Meeting Minutes of July 16, 2024.

E. Approve the Regular Meeting Minutes of August 20, 2024.

Page | 3 City Council September 10, 2024

6. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.

A. Fire Advisory Committee Update: Request for Proposals for a Special District Formation Study, Terms for an Interim Fire Service Agreement with Hollister, and Proposed Joint Powers Authority (“JPA”).

Recommendation: Approve a Resolution approving a Request for Proposals (“RPF”) For Fire Protection Services and Special District Formation and Authrozie Staff to Initiate the Solicitation on September 11, 2024
B. Appoint a Member of the City Council to serve on the Urban Growth Boundary/Sphere of Influence Committee
Recommendation: Appoint a Member of the City Council to fill a Vacancy left on the Urban Growth Boundary/Sphere of Influence Committee.

C. Planning Commissioner/Historic Resources Board Vacancy Recommendation: Receive Recommendation from the Ad Hoc Committee to fill a vacancy for a term ending December 2024.

D. City Treasurer
Recommendation: Direct Staff to Open up a Recuitement to fill the City Treasurer position.

7. DISCUSSION
A. Draft Vacancy Fee Ordinance (Continued from August 20, 2024.

B. Wine Barrels and Two-Way Traffic on Third Street (Continued from August 20, 2024) C. Utility Billing (Continued from August 20, 2024)

8. FUTURE AGENDA ITEMS

9. ADJOURNMENT

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted not later than 72 hours before regular meetings or 24 hours of special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street San Juan Bautista and are posted on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.

In compliance with the Americans with Disabilities Act, and Govt. Code 54953(a), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

Page | 4 City Council September 10, 2024

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.

SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting. Written comments will be read into the record provided that the reading does not exceed three (3) minutes.

PUBLIC NOTIFICATION
This agenda was posted on Friday, September 6, 2024, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website.

Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.

City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2024
Item #5E
City Council Meeting
September 10, 2024
REVENUES FY24 FY25 Annual YTD
Fund Actuals Actuals Budget Difference 8% Notes
General Fund 199,132 210,592 2,530,525 (1,593,243) 8%
Special Revenue Funds:

Capital Projects Fund 7,511 6,895 4,914,742 (2,703,471) 0% Community Development 7,175 7,200 124,150 (393,098) 6%
COPS 8,333 8,333 100,000 (75,000) 8%
Parking & Restroom Fd 3,264 2,919 28,000 (16,269) 10%
Gas Tax Fund 6,775 9,644 108,000 (76,799) 9%
Valle Vista LLD 1,990 1,990 44,554 (17,919) 4%
Rancho Vista CFD 5,626 5,626 67,512 (49,481) 8%
Copperleaf CFD 1,387 1,387 16,645 (12,240) 8%
Internal Service Funds:

Blg Rehab. & Replace 3,167 3,167 38,000 (28,500) 8%
Vehicle Replacement 5,000 5,000 60,000 (45,000) 8%
Enterprise Funds:

Water
Operations 126,038 165,474 1,718,000 (904,085) 10%
Sewer
Operations 147,299 176,001 1,960,000 (943,950) 9%
TOTAL Funds 522,697 604,228 11,710,128 (6,859,055) 5%
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2024
Item #5E
City Council Meeting
September 10, 2024
EXPENDITURES FY24 FY25 Annual YTD
Fund Actuals Actuals Budget Variance 8% Note
General Fund 152,443 189,630 2,394,878 (2,205,248) 8%
Special Revenue Funds:

Capital Projects Fund 7,511 6,895 4,914,742 (4,907,847) 0% A Community Development 67,290 8,901 662,242 (653,341) 1% COPS 8,333 8,333 100,000 (91,667) 8%
Gas Tax Fund 1,377 - 21,000 (21,000) 0%
Valle Vista LLD 1,913 3,342 44,554 (41,212) 8%
Rancho Vista CFD 2,737 2,754 42,718 (39,964) 6%
Copperleaf CFD 1,417 2,850 16,645 (13,795) 17%
Development Impact Fee Funds
Public/Civic Facility 225 225 2,700 (2,475) 8%
Library 370 370 4,440 (4,070) 8%
Storm Drain 286 286 3,432 (3,146) 8%
Park In-Lieu 25 25 300 (275) 8%
Public Safety 71 71 852 (781) 8%
Traffic 36 36 432 (396) 8%
Enterprise Funds:

Water:

Operations 52,040 58,662 862,288 803,626 7%
Capital - 2,500 15,793,187 15,790,687 A
Sewer
Operations 62,949 75,340 1,051,569 976,229 7%
Capital 488,029 272,846 17,112,103 16,839,257 2% A
TOTAL Funds 847,052 633,066 43,028,082 26,424,582 1%
Footnotes:

A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.

Additionally, some projects have been moved to the next fiscal year.

City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2024
Item #5E
City Council Meeting
September 10, 2024
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 7/1/2024 Through 7/31/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
7/1/2024 217721 City Clerks Association of CA 250.00
7/1/2024 217722 First Alarm 521.04
7/1/2024 217723 iWorQ Systems 6,000.00
7/1/2024 217724 Quadient Leasing USA, Inc. 473.47
7/1/2024 217725 Sentry Alarm System 837.00
7/3/2024 217761 ACWA Health Benefits Authority 21,561.37 7/3/2024 217762 Charter Communications 593.55
7/3/2024 217763 Destiny Software Inc. 4,500.00
7/3/2024 217764 Revize LLC 3,075.00
7/3/2024 217765 Rich Brown. 62.12
7/3/2024 217766 Rx-Tek 30.00
7/3/2024 217767 Tom's Site Services 1,934.06
7/29/2024 217768 Specialty Construction, Inc. 1,144,054.92 7/30/2024 217769 4Leaf, Inc. 22,781.40
7/30/2024 217770 All Clear Water Services 4,100.00
7/30/2024 217771 Carmen Lujan 10.80
7/30/2024 217772 Data Ticket Inc. 400.00
7/30/2024 217773 David J. Powers & Associates, Inc. 204.75 7/30/2024 217774 Department of Conservation 39.34
7/30/2024 217775 Department of Transportation 408.29
7/30/2024 217776 Don Chapin Company. 776.25
7/30/2024 217777 EMC Planning Group Inc. 9,185.53
7/30/2024 217778 Hamner Jewell Associates 449.93
7/30/2024 217779 Kennedy, Archer & Giffen 17,057.50
7/30/2024 217780 Landscape Design By Rosemary Bridwell CCN 200.00 7/30/2024 217781 MNS Engineers, Inc. 180,760.69
7/30/2024 217782 P G & E 17,435.57
7/30/2024 217783 Petty Cash 143.67
7/30/2024 217784 Regional Government Services 2,057.30
7/30/2024 217785 Rx-Tek 257.48
7/30/2024 217786 Smith & Enright Landscaping 670.00
7/30/2024 217787 Sound Design A/V Contractors 1,187.02
7/30/2024 217788 AFLAC 1,079.45
7/30/2024 217789 Agile Occupational Medicine 75.00
7/30/2024 217790 AMBAG 904.68
7/30/2024 217791 at&t 134.52
7/30/2024 217792 att.com 153.98
7/30/2024 217793 AVAYA 250.66
7/30/2024 217794 Baker Supplies and Repairs 175.78
7/30/2024 217795 Caitlin Brady 332.25
7/30/2024 217796 CALNET 380.25
7/30/2024 217797 Canon Financial Services, Inc 762.89
7/30/2024 217798 Clark Pest Control 119.00
7/30/2024 217799 Design Line & Granger 714.50
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 7/1/2024 Through 7/31/2024
7/30/2024 217800 Elizabeth Soto 105.50
7/30/2024 217801 Hollister Auto Parts, Inc. 438.60
7/30/2024 217802 International Institute of Municipal Cler 185.00 7/30/2024 217803 Jennifer Bains 230.00
7/30/2024 217804 Kennedy, Archer & Giffen 5,191.00
7/30/2024 217805 Kysmet Security & Patrol Inc 7,040.00
7/30/2024 217806 Mary / Victor Fierro 230.00
7/30/2024 217807 Mary Velasco Sellen Senior Center 200.00 7/30/2024 217808 Mc Kinnon Lumber Co., Inc. 130.88
7/30/2024 217809 Monterey Bay Analytical Services 5,366.00 7/30/2024 217810 New SV Media 500.80
7/30/2024 217811 NorCal Containers 3,000.00
7/30/2024 217812 One Workplace 5,097.36
7/30/2024 217813 P G & E 1,285.15
7/30/2024 217814 Pacific Highway Rentals, LLC 3,723.75
7/30/2024 217815 Pacific Library Partnership 750.00
7/30/2024 217816 Pet Waste Co 87.19
7/30/2024 217817 Postmaster 1,000.00
7/30/2024 217818 Ready Refresh 239.25
7/30/2024 217819 Rojas Communications Group 2,500.00
7/30/2024 217820 Roy Morales 95.08
7/30/2024 217821 Rx-Tek 330.00
7/30/2024 217822 Smith & Enright Landscaping 6,210.00
7/30/2024 217823 T-Mobile 263.09
7/30/2024 217824 Uline 152.09
7/30/2024 217825 Underground Service Alert of No. CA & NV 300.00 7/30/2024 217826 Univar Solutions 745.98
7/30/2024 217827 Valero Wex Bank 1,273.50
7/30/2024 217828 Wright Bros. Industrial Supply 272.29
7/30/2024 ATM Utility Returned Checks 4,648.42
Report Total 1,498,691.94
City Manager Status Report 09.10.24
Associate Planner
Approved in the FY 24/25 Budget
Full-time position
Reduce 4-Leaf Contract
Supported by 4-Leaf
Planning Commission
HRB and Permitting for Preservation
Economic Strategies to include 3rd Street
Current Planning & Public Services
Recruitment Closed Friday 09.06.24 – may extend deadline City Manager Status Report 09.10.24
Sales Tax Analysis
State provided access to City Data 2-weeks ago
However, managing the data required some training
Data base software (“Access”) has been loaded
Data can be managed now but is time consuming
Very sensitive and confidential
Will be providing exports to Excel in spread sheets with the CPA Cummings
Critical historic data and related trends
Very useful to help understand factual business volumes Critical firsts step towards considering an increase in sales tax City Manager Status Report 09.10.24
UGB-SOI Committee
Approved meeting calendar between Sept- and Dec- 2024
Next meeting September 11
City-County MOU
Considered draft language for the three tier approach
Considered a new proposal to abandoned the Tiered Approach Introduced “support” vs “approve” language
Reduce Planning Area to remove the “Blue” areas
Rename- Area of Concern (defined in the General Plan)
Working with Commissioner Devries to draft “no tier” strategy City Manager Status Report 09.10.24
Water import
City (MNS Engineering) is now designing the pipeline
City is amending the Pipeline Agreement
to include District service for Hollister at Union Road to be executed this November
Still need to work on the “HUA” Agreement Amendment (buying water) Microvi System out to bid this month
Nitrate treatment system at Well 6
Will bring Well 6 back on-line
Needs to be done to complete Drinking Water Pipeline Design Funding Applications ($15 million project) for $10 million Grant Congresswomen Lofgren Sponsored – and submitted
Army Corps of Engineers –
Will also require Budget appropriation bill
EPA “STAG” Grant for $1 million also submitted
City Manager Status Report 09.10.24
Wastewater
August status report
Pipeline completed
Focus on Lift Station now
Costs Estimates for the Plant Operation – post project
Fine Status –
Alerted in May that $220,000 fines had accumulated since 2020 The City Operator stated the allegations were false
In July the Water Board reasserted these numerous violations Still waiting for formal statement from Water Board
Alerted Attorneys at Downey Brand who defended the City in 2022 City Manager Status Report 09.10.24
Fire Services – later in this Agenda
3CE Governance Conversations Placed on hold
San Benito Health Foundation Wellness Program 10.16.24
Casa Rosa Occupancy within the next week
Gas Station is moving forward this past week towards a Building Permit T-Mobile Grant Application $50,000
HSIP Grant Application $350,000 for pedestrian mobility improvments

Recreation (Events)
• Play Music on the Porch Day
• 80 neighbors came out (& 7 canine neighbors)
• People loved the community feel of the event.
• Doing it again next year!
• Anzar Fall Festival
• Aqua Strike: Water balloon battle arena
(not actually water balloons, reusable cotton balloon
alternatives.)
• Continuing to work with Special Event Organizers
Recreation (Projects)
• Closing in on a completed new Special Event Permit Application and resources for prospective event planners.
• Identifying feasibility of grants
• Working with the Y, Youth Alliance, Skyhawks, AYSO, and others to increase availability of programs for a wider range of ages (toddler to child and seniors)
• Partnering with Anzar ASB to develop programming for teens • Working with Gilroy Rec to develop practices and systems for modern Youth Commission
• Developing programming for Winter 2024 and the Holidays 2025 City of San Juan Bautista
July 2024 Monthly Public Safety Update
Report Created by Public Safety Coordinator Roy Morales 09/01/2024 1
Roy Morales- Public Safety Coordinator

CONTENTS
Report Created by Public Safety Coordinator Roy Morales 09/01/2024
• Investigated & contacted male
driving an old police cruiser
acting suspicious
• 1- criminal threats case (two
males)
• 1- Juv. Involuntary mental
health hold (suicidal statements)
• 1- DUI crash / arrest involving a
motorcycle on North St.
2 Code Enforcement
• Addressed sign ordinance with
local businesses-1 in residential
zone and other near Windmill
• 4- new code cases (blighted
properties / living in an RV)
• Food truck noticed to obtain
Temporary Use Permit to
operate 72 hours per week
• 2- stop work notices
• Worked on abandoned vehicle
abatement program (17)
Code Enforcement Update
oContinuing with proactive Code Enforcement plan for addressing non compliant properties
oContacted and gained compliance from business owner advertising in a residential zone (sign will be reduced in size according to code)
oCivil complaints are in the process for properties identified as nuisances oContacted business with sign on roof
oWorking with City Attorney on solutions for abandoned properties and outstanding fines owed to the City
oPolk St. living condition (mixed use)
• Oscar working on violation letter to address fire compliance issues • with owner.
o17 open code enforcement cases currently open
Report Created by Public Safety Coordinator Roy Morales 09/01/2024 3
Current Project
• Abandoned Vehicle notices were issued. Many owner moved cars on their own and several agreed to move them after being issued citations by deputy
Report Created by Public Safety Coordinator Roy Morales 09/01/2024 4
Special Event Permit update (Caitlin Brady)
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 5
How to use template (friendly legend)
Report Created by Public Safety Coordinator Roy Morales 09/01/2024 6
Maps of downtown included
•
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 7
Flock Update
Report Created by Public Safety Coordinator Roy Morales 09/01/2024 8

1. Deputies have been trained and added as users.

2. System has access to surrounding jurisdictions

3. Analytics (Insights Dashboard)

4. System is being shared with surrounding jurisdiction to include CHP

5. Working with Flock on additional cameras
All camera reads since July 31 --- Aug 28
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 9

AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Acting City Clerk / Administrative Services Manager in the City of San Juan Bautista and That I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the 6th day of September 2024, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.

1. On The Bulletin Board at City Hall, 311 Second Street.

2. On The Bulletin Board at The City Library, 801 Second Street.

3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 6th day of September 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
Acting City Clerk / Administrative Services Manager
Page | 1
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING CLOSURE OF STREETS FOR CERTAIN SPECIAL EVENTS IN 2024 WHEREAS, The City has received an application for a Special Event in 2024, and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:

Bring Back the Bells
Glad Tidings Church
October 19, 2024, from 9 AM- 5 PM
Third St. from Polk St. & Muckelemi St.

Vertigo Movie Showing
California State Parks
September 28, 2024 from 5:30 PM- 10:00 PM
Second St. from Washington to Mariposa St.

BE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:

1. All conditions and requirements of agencies, including the Fire Marshall, San Benito County Sheriff, Building Official, Public Works Director, San Benito County Health Dept., San Benito County Integrated Waste Management, Community Development Director shall be met prior to, during, and after the event in the manner deemed necessary by the City Manager.

2. Prior to each event, Sponsors shall submit an agreement to reimburse the City in accordance with an invoice duly issued by the City to cover City expenses as deemed necessary by the City Manager to support administrative, material and City staff time associated with the Street Closure.

PASSED AND APPROVED this 10th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
_________________________
Scott Freels, Mayor

ATTEST:
_________________________________
Elizabeth Soto, CMC, CPMC, City Clerk

Item No. #5.C
City Council Meeting
September 3, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 3, 2024
DEPARTMENT: ENGINEERING
FROM: DOUG PIKE, CITY ENGINEER
BY: DOUG PIKE, CITY ENGINEER
TITLE: AWARD OF CONTRACT FOR THE CITYWIDE ADA

IMPROVEMENTS PROJECT
RECOMMENDED MOTION:

That the City Council:

1. Adopt the attached resolution awarding the contract for the Citywide ADA Improvements Project to Kraemer Engineering, Inc. the low bidder, for an amount of $68,350.00.

2. Approve a project contingency fund of $6,835.00 and authorize the City Manager to approve potential contract change orders and other construction contingencies within said fund.

BACKGROUND INFORMATION:

Project Description
The proposed project will construct 4 new ADA pedestrian ramps, construct new curb and gutter, new striping, install bollard, relocate existing sign, and conformance to existing improvements providing pedestrian access to Abbe Park from the nearby neighborhood. The project is expected to take 30 working days, and end by November 30, 2024 with acceptance of the work by the City Council to occur in December.

Advertising-Bid Process and Results
Bid documents and estimate were prepared by MNS Engineers. A Notice to Bidders was published once in the Hollister Free Lance. Staff sent the Notice to Bidders to four Builders Exchange, covering Monterey County, Santa Clara County, Contra Costa County, the Peninsula area, and the San Francisco Bay Area.

The project was publicly noticed and an Invitation to Bid was issued in June 2024. Four bids were received on Thursday, August 15, 2024 at 11:00 am. The bids received, and the bid amounts were as follows:

Item No. #5.C
City Council Meeting
September 3, 2024
Page | 2
Bidder Bid Comments
1 Kraemer Engineering, Inc. $68,350.00 Apparent Low Bidder 2 Golz Construction $93,850.00
3 Monterey Peninsula Engineering $120,900.00
4 Frank Loduca Co. $177,980.00
Staff reviewed each of the bids for conformity with the requirements of the bid documents. Based on that review, it was determined that Kraemer Engineering, Inc. was the lowest responsible bidder with similar work experience in neighboring jurisdictions.

Recommendations
Staff recommends that the City Council accept the bid received from Kreamer Engineering, Inc.

Staff recommends awarding a construction budget that includes a contingency to address potential unforeseen conditions during construction, administration, and project closeout. Breakdown of project construction costs is as follows:

Construction Contract $68,350.00
Construction Contingency $ 6,835.00
Total Estimated Construction Contract $75,185.00
FISCAL IMPACT:

The City of San Juan Bautista is programmed to receive funding of approximately $67,670.00 available from the CRRSAA Non-STIP State Funds (26,670.00) and COVID Relief STIP RIP Funds ($41,000). Timing is essential to receive these funds and the attached resolution and agreement must be executed before the end of the current FY.

The total estimated construction cost including contingency is $75,185.00. This does not include inspection services estimated to $5,500.00 for a total shortfall of $13,015.00 Completion is expected by November 31st.

SCHEDULE:

The following is the tentative schedule for this project. Actual schedule will be developed and confirmed with the contractor based upon completion of the required contract documents, approval of pre-submittals, and their availability.

Award Construction Contract September 2024
Begin Construction October 2024
Construction Completion November 2024
Item No. #5.C
City Council Meeting
September 3, 2024
Page | 3

ATTACHMENTS

1. Resolution

2. Contract
Page | 1
RESOLUTION NO. 2024- _____

A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA AWARDING A

CONTRACT FOR THE CITYWIDE ADA IMPROVEMENTS PROJECT
WHEREAS, the Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 apportioned $911.8 million to California (COVID Relief Funds); and WHEREAS, the California Transportation Commission (CTC) adopted the Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 – CRRSAA Program Guidelines for STBG projects and the 2021 Mid-Cycle State Transportation Improvement Program (STIP) Guidelines for RIP projects; and
WHEREAS, on April 26, 2024, the City submitted its application to Caltrans LAPG to fund the construction of 4 ADA-compliant curb ramps; and WHEREAS, the City will receive $26,670.00 from the CRRSAA Non-STIP State Funds and $41,000.00 from the COVID Relief STIP RIP Funds; and WHEREAS, on June 18, 2024, the City entered into a Master Agreement with the State of California Department of Transportation (Caltrans), and Administering Agency-State Agreement (attached); and
WHEREAS, the estimated cost of the project was $58,844 and contingency of $8827 for a total cost of $67,671 when bids were formally solicited on June 18, 2024; and WHEREAS, the bidding closed August 15, 2024, and four responses were received and publicly opened as summarized in the attached bid tabulation; and WHEREAS, the Acting City Engineer for the City of San Juan Bautista analyzed the bid results and recommends that the contract for said project be awarded to the lowest responsible bidder, Kraemer Engineering, Inc., for the amount of $68,350.00; and WHEREAS, the Acting City Engineer recommends that funds for $68,350.00 be made available for construction; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:

1. That City Manager is hereby authorized to award a contract in much same form as that contract attached to this resolution, to the lowest responsible bidder in the amount not to exceed $68,350.00.

2. The City Manager is hereby authorized to approve contract change orders in an amount not to exceed $6.835.00.

Page | 2
PASSED AND APPROVED by the City Council of the City of San Juan Bautista in this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
_________________________________
Elizabeth Soto, CMC, CPMC, City Clerk
1 Citywide ADA Improvement Project

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of San Juan Bautista, (“City”) and Kraemer Engineering Inc. (“Contractor”), for work on the Citywide ADA Improvements Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On September 3, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all the following:

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment, Performance and Warranty Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Drawings and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Award;

2.12 Notice to Proceed; and

2.13 The following:
.

List additional documents here, if any, including the document date if there are multiple versions. If there are no additional documents, write “No other documents” in the space above.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
2 Citywide ADA Improvement Project

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $68,350.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project within Thirty (30) Working Days from the Notice To Proceed Date as specified in the “Contract Time”. By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the contract time limit or extended time limit agreed upon, City will assess liquidated damages in the amount of $500 per calendar day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 3 Citywide ADA Improvement Project

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under thisContract and will have control of the Work and the means and methods by which it is performed.

Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

City:

Address: 311 2nd Street
City/State/Zip: San Juan Bautista, CA 95045
Phone: (831) 623-4661
Attn: Don Reynolds, City Manager
Email: [email protected]
Copy to: Jerry Sanguinetti, [email protected] Doug Pike, [email protected]
Contractor:

Name:

Address:

City/State/Zip:

Phone:

Attn:
4 Citywide ADA Improvement Project
Email:

Copy to:

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of San Benito County, and no other place.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]
5 Citywide ADA Improvement Project
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/ s/
Name/Title Name/Title
Date: Date:

Attest:
s/
Name/Title
Date:

CONTRACTOR:

Business Name
s/ Seal:
6 Citywide ADA Improvement Project
Name/Title
Date:

Second Signature (See Section 12.7):
s/
Name/Title
Date:

Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

EXHIBIT - CURB RAMP LOCATION MAP
Legend:

New ADA Curb Ramp per Caltrans Standard Plans A88A N

NOT TO SCALE
Item:6.A
City Council Meeting
September 10, 2024
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CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 10, 2024
DEPARTMENT: CITY MANAGER
FROM: CITY MANAGER DON REYNOLDS
TITLE: FIRE ADVISORY COMMITTEE UPDATE:

REQUEST FOR PROPOSALS FOR A SPECIAL DISTRICT

FORMATION STUDY, TERMS FOR AN INTERIM FIRE

SRVICES AGREEMENT WITH HOLLISTER, AND PROPOSED
JOINT POWERS AUTHORITY (“JPA”)
RECOMMENDED:

It is recommended that the City Council approve the attached Resolution that approves a Request for Proposals (“RFP”) for Fire Protection Services and Special District Formation and authorize staff to initiate the solicitation on September 11, 2024.

BACKGROUND:

This is the latest update from a series of updates provided to the City Council between June and August of this year.

As a reminder, the re-opening of the 2019-2025 Fire Services Agreement is being considered now due to the significant unbalanced cost sharing that has occurred over the past several years, leaving the majority of costs to the City of Hollister. The cost projections from March 1, 2028 “Fire Protection and Life Safety Feasibility Study” for FY 22/23 are $9 million, and actual costs are closer to $11 million. In 23/24 it increased to $14 million and is budgeted this fiscal year to be $16 million. Costs reflect not just inflationary factors, but also reflect the fact that San Benito County has been one of the fastest growing counties in the State between 2018 and 2024.

The table below describes how the inequities in cost sharing effect the City of San Juan Bautista.

The feasibility study by the RFP in this report will also determine the City’s cost sharing requirement. This table therefor represents several examples and cost differences between various prorate shares ranging from 3% to 5%.

Page | 2
If the City were to agree to a 3% cost sharing formula, it would be responsible for a cost increase from $268,279 to $480,000 (or $211,722). If a new cost sharing agreement resulted in a 5% cost share, the cost of fire services would be three times the current cost ($800,000).

As of July 1, 2024, the City adopted a balanced budget with approximately $50,000 to put into reserves. The City’s current General Fund operating revenues cannot absorb a cost increase of more than $50,000 without relying on its reserves. Establishing a new equitable “cost share” is a critical part of a new feasibility study that is underway.

At its meeting August 1, 2024, the Advisory Committee recommended to each of the three agencies (2-Cities and the County) to return to their boards and share the idea of establishing a Joint Powers Agreement to oversee a new fire district feasibility study, and begin drafting a new RFP. Forming a new District could take 2-3 years. To account for the disproportionate share of costs being born by the City of Hollister now, the quick establishment of an Interim Agreement or Contract Amendment is also required.

At the August 1, 2024 meeting it was also agreed that San Juan Baustista would take the lead and draft a new RFP for the feasibility study. The “Statement of Work and Specifications” (scope) was considered at the August 15, Advisory Committee meeting. Compared to the 2023 RFP, it is significantly enhanced thanks to feedback from Chief Goulding. In Section 3 “Selection Process and Evaluation Criteria” the Advisory Committee has a significant role. It was determined that the Committee will have an integral role in determining which consultant firm to hire. The final draft RFP is attached (#1) to this resolution for approved by the City.

Last week, the City received from Hollister the proposed terms for an Interim Agreement or Contract Amendment. Staff has performed the attached (#2) fiscal analysis and shared it with the Public Safety Sub-Committee members Mayor Freels and Mayor-Pro Tem Jordan.

The attached “Amended and Restated 2018 JPA” (#3) is used for the Livermore-Pleasanton Fire Department. These two cities and their fire departments joined together in 1996. This Authority was created to merge the two Departments as a separate government entity pursuant to the Joint Exercise od Power Act, Chapter 5 of Division 7, or Title 1 of Government Code commencing with Section 6500. This removed duplicative administrative efforts. It was created in such a way as to allow each jurisdiction to determine its own level of service appropriate for their needs and abilities. The 2018 Amendment increased the powers of the JPA to acquire assets, to allocate liability, exercise joint powers to contract for goods and services, and to further increase its operational capabilities and efficiencies.

FY 24/25 Hollister Budget $ 16,000,000 ACTUAL COST IN REAL TIME City Pro-Rata Share? 3.0% 3.5% 4.0% 4.5% 5.0%
Actual City Cost $ 480,000 $ 560,000 $ 640,000 $ 720,000 $ 800,000 $ 268,279 $ 268,279 $ 268,279 $ 268,279 $ 268,279
Cost Difference $ 211,722 $ 291,722 $ 371,722 $ 451,722 $ 531,722 SJB FY 24/25 budget (based on
the current contract)
Item:6.A
City Council Meeting
September 10, 2024
Page | 3

DISCUSSION
RFP
The RFP draft was completed Tuesday September 3rd, and distributed to the Advisory Committee for discussion at its September 5, 2024 meeting. The Selection and Evaluation process is provided in Section 3. The City will act as the facilitator for the Advisory Committee, sharing proposals and scheduling feedback for consideration. After applying the evaluation criteria, a recommendation will be made for each jurisdiction’s concentration. However, the actual Professional Services Agreement will be between the consultant and San Juan Bautista. The RFP was modified slightly at the September 5 Advisory Committee meeting and those recommended edits have been reflected in the attached Draft RFP.

If approved by the City Council at its Special Meeting September 9, 2024, the solicitation for proposals will begin September 11, 2024, and the deadline for submittals is December 16, 2025.

CONTRACT AMENDMENT/INTERIM AGREEMENT
On September 3, 2024, staff shared with the Public Safety Subcommittee proposed terms for an interim Agreement (“Contract Amendment”) with Hollister. The County also received proposed terms for a Contract Amendment with Hollister. In summary, the terms request an upfront payment of $150,000, increasing the FY 24/25 budget from $268,279 to $318,279. After that the contract will increase by 11% per year until December 31, 2028. These annual increases will start in FY 25/26 at $46,000 and top-out in 2027/28 at $56,700. By executing the proposed Contract Amendment, the contract will be extended until December 2028, removing the 270-termination notice set to expire in March 2025.

The City currently leases Fire Station 4 to the City of Hollister. This is required in the Contract but no lease was ever approved. Hollister will end the lease. It also asks that the payment of utilities end as well. This amounts to an annual decrease in revenue of $54,700. After reviewing the attached call volumes for Station 4, it is clear that 54% of the calls are for County emergencies.

The City has requested from the County payment of 54% of the lease and utilities for the use of the Station. Use of the City Engine have not been considered (yet?).

In summary, the current annual City cost for fire protection services is $268,279. It receives $54,700 from Hollister to cover the lease and utilities of Station 4. If the County picks up 54% of the lease and utilities for FY 24/25 the proposed changes will be $318,279 and $30,000 in lease and utility reimbursements. This increase in FY 25/26 to $464,289, $515,361 FY 26/27, and to $572,051/2 for the six months from July 1 through December 31, 2028.

The City is prepared to work hard to form a District quickly to avoid the direct impact of these cost increases and avoid draining its reserves. The City also needs to begin a campaign to increase its General Fund Revenues. This could include a sales tax increase subject to voter approval of $25/cents that could yield as much as $250,000 per year.

Page | 4
JPA
Lastly is the JPA. The Committee has not spent time working on this. The attached example is promising. The Advisory Committee did have a brief conversation September 5 regarding whether or not the JPA would be elected or appointed. These matters will be hashed out over the next few months. Regardless of whether or not a District is formed, the JPA should move forward and be formed by the winter of 2025 ahead of the 270-day termination. Most likely the District would assume its own governance structure that would grow from the proposed JPA.

NEXT STEPS
If the City Council is ok with the suggested terms for a Contract Amendment, this should be brought forward for approval in October. This will remove the 270-termination provision in place now. The RFP solicitation will be open until the fall, with the Notice To Proceed expected in February 2025. The formation of a JPA would begin in November, with approval in February or March.

FISCAL IMPACT:

RFP - The cost of a new feasibility study will be born by a fair share cost allocation plan approved first by each Agency, before the professional services agreement is executed. Other fiscal implications referenced in this Report have yet to be determined.

ATTACHMENTS:
1) Resolution to approve the attached Draft RFP
2) Interim Agreement- Suggested Terms
3) Sample JPA- Livermore-Pleasanton Fire District
RESOLUTION NO. 2024- XXX

A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ON BEHALF OF

FIRE PROTECTION ADVISORY COMMITTEE (REPRESENTED BY THE CITY,

CITY OF HOLLISTER AND SAN BENITO COUNTY), APPROVING A REQUEST FOR

PROPOSAL (RFP) AND SOLICITATION FOR BIDS TO CONDUCT AN ANAYALYSIS

OF FIRE PROTECTION SERVICES AND SPECIAL FIRE DISTRCIT FORMATION WHEREAS, since 2013, the City of Hollister Fire Department has provided Fire Protection Services for San Benito County and the City of San Juan Bautista; and WHEREAS, the Fire Protection Advisory Committee was established with representatives from each of the three jurisdictions to oversee the servicers provided; and WHEREAS, with the approval of the Fire Protection Advisory Committee, in 2023, the County sent out a Request for Proposals seeking a qualified consultant to conduct a study of the “Fire Protection Services and Special District Formation,” and one response was received; and WHEREAS; at its the June 6, 2024, Advisory Committee meeting, the Committee became unsatisfied with the results of this unfinished study and a proposed cost increase to complete it; and
WHEREAS, at its July 1, 2024, Advisory Committee meeting the Committee rejected the work of the current consultant, as the contract had ended, and it was decided not to re-bid the study, acknowledging that each of the three agencies would have to fund the study from a different source as the original grant funding source would expire; and WHEREAS, at its August 2, 2024, Advisory Committee meeting, San Juan Bautista was asked to draft a new RFP with a new Scope of Services and to act on behalf of the Committee to solicit proposals for a new study of Fire Protection Services and Special District Formation; and WHEREAS, at its August 15, 2024, Advisory Committee meeting an outline of the new Scope of Services was considered by the Advisory Committee, amendments were recommended and staff was directed to return to the next meeting with a draft RFP to include the selection and evaluation criteria; and
WHEREAS, at its September 5, 2024, Advisory Committee meeting, the RFP was approved by the Advisory Committee with minor changes; and WHEREAS, at is special meeting held September 10, 2024, the City Council was asked to consider the attached RFP and if approved allow staff to initiate the solicitation of proposals to conduct an analysis of Fire Protection Services and Special District Formation on behalf of the Fire Protection Advisory Committee.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:

1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.

2. That it hereby approves the attached Request for Proposals (as amended if necessary) to conduct an analysis of Fire Protection Services and Special District Formation.

3. It authorizes the City Manager and/or delegate to solicit proposals for Fire Protection Service and Special District Formation starting September 11, 2024, and to work with the Advisory Committee to evaluate, select, and recommend to San Benito County and the City Hollister a consultant to perform this study.

BE IT FURTHER RESOLVED, that this RFP approval and Resolution will be forwarded to each Agency.

PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a special meeting held on the 10th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________
Scott Freels, Mayor
ATTEST:
___________________________
Elizabeth Soto, City Clerk
Attachment; Draft Request for Proposals for Fire Protection Services and Special District Formation

REQUEST FOR

PROPOSAL
City Manager Don Reynolds
San Juan Bautista
[email protected]
San Benito Fire Protection Advisory Committee
Representing the cities of
• Hollister & San Juan Bautista, and
• San Benito County
P.O. Box 1420
San Juan Bautista, CA 95045
(831) 623-4661

FIRE PROTECTION & LIFE SAFETY SERVICES

SPECIAL DISTRICT FORMATION
September ___ 2024

TABLE OF CONTENTS
Section Section Title Page(s)

1. Introduction 4

2. Instructions To Respondents 5

2.1 Preparation of Proposal 5

2.2 RFP Documents 5

2.3 RFP Process Schedule 5

2.4 Submission of Proposal 5

2.5 Proposal Content 6

2.6 On Site Inspections 7

2.7 Multiple Bids 7

2.8 Point of Contact 7

2.9 Non-Collusion Declaration 7

2.10 Cost of Services 7

2.11 Reservations 7

2.12 Notification of Withdrawals of RFP 8

2.13 Interpretation 8

2.14 Pre-Award Conference 8

2.15 Notice of Intent to Award 8

2.16 Execution of Agreement 8

2.17 Compliance 8

2.18 Contractor Responsibility and Performance 9

2.19 Contractor Qualifications 9

2.20 Addenda 9

2.21 Extending Contract Pricing 9

2.22 Proprietary Information 9

3. Selection Process and Evaluation Criteria

3.1 Selection Process 10

3.2 Evaluation Criteria 10

3.3 Nonresponsive Proposals 10

3.4 Responsive Proposals 11

3.5 Review Process 11

3.6 Award Process 11

3.7 Proposal Considerations 11

4. Statement of Work and Specifications

4.1. Scope 11

4.2 District Formation and Legal Requirements 13

4.3 Subject to Modifications 14

4.4. General Requirements 14

4.5 Work Product 15

4.6. Proposal Content 15

5. Standard Terms and Conditions

5.1 Terms of the Professional Services Agreement 15
(Exhibit G Sample “Agreement”)

5.2 Purpose of Agreement 16

5.3 Changes 16

5.4 License and Permits 16

5.5 Compliance with Laws 16

5.6 Termination 16

5.7 Assignment 16

5.8 Inclusion of Documents 16

5.9 Payment Terms 16

5.10 Price Guarantee 16

5.11 Invoicing 17

5.12 Force Majeure 17

5.13 Severability 17

5.14 Controlling Law 17

5.15 Amendment 17

5.16 Indemnity and Insurance Requirements 17

5.17 Living Wage 17

5.18 Default 18

5.29 Equal Employment Opportunity 19

5.20 Independent Contractor Status 19

5.21 Non-assignment 19

5.22 Retention and Audit of Records 20

6. Official RFP Form 21

7. Exhibits:

Exhibit A- Respondent Fact Sheet 22
Exhibit B- Customer References 23
Exhibit C - Designation of Subcontractors 24
Exhibit D - Non-Collusion Declaration 25

Exhibit E - Insurance Information 26
Exhibit F - Living Wage Compliance Statement 29
Exhibit G- Sample County Contract 31
Includes Attachment A Scope of Service,
Attachment B Payment Schedule,
Attachment C General Terms & Conditions
Attachment E
Exhibit H- Fire Protection and Life Safety Feasibility Study March 1, 2018 as amended
Exhibit I- Current Fire Contract Language “Attachment A” (inclusive)

SECTION I. INTRODUCTION
The San Benito County Fire Protection Advisory Committee (“Committee”) invites electronically submitted proposals for the completion of a Fire Protection and Life Safety District Feasibility Study from qualified consultant (s) (CONTRACTOR).

Responses shall include the estimated cost for the following feasibility study:

Joint venture to form a Fire Protection District between the City of Hollister, the City of San Juan Bautista and the County of San Benito.

The CONTRACTOR will be tasked with researching, writing, and presenting a feasibility study that includes an analysis and evaluation of the following: (1) technical feasibility of the formation of a joint Fire Protection District. (2) whether such options are feasible within current costs and examine future potential funding sources, and (3) research the current commercial growth, potential growth and evaluate the impacts or improvements needed, if any, to maintain adequate fire protection services in the years to come.

The purpose of the feasibility study is to assess the current fire services being provided to the three jurisdictions, identify opportunities to expand and/or strengthen services provided. The study would determine if there were costs and service benefits to the taxpayers if the Cities/County decide to consolidate under a Fire Protection District.

San Benito County is a political subdivision of the State of California and is governed by a five (5)-member Board of Supervisors. Administrative offices are located at 481 4th Street Hollister, CA 95023.

The Fire Protection Advisory Committee (“Committee”) is defined by its bi-laws as consisting of six members, 2 from Hollister, 2 from San Juan Baustista, and 2 from the County. The Committee is conducting this study, and has delegated and requested the support to conduct the RFP process and execute a professional services agreement for this work to the City of San Juan Bautista (“SJB”).

About San Benito County:

San Benito County was established on February 12, 1874, from the inland portion of Monterey County. The city of Hollister was chosen as the county seat. The county grew so quickly that in 1887, additional acreage, including the New ldria quicksilver mines, was acquired from Merced and Fresno Counties. The boundaries have remained unchanged since 1887. San Benito County is 1,396 square miles – 893,440 acres. San Benito County is rich in history and community spirit. Located in the heart of California, the county is known for its beautiful landscapes, agriculture, and welcoming residents. The County of San Benito is located in the Central Coast Region, 95 miles south of San Francisco. Contiguous counties include Santa Clara, Santa Cruz, Monterey, Fresno, and Merced. Terrain varies from flat valley floor to hilly rangeland in the east, to 5,450-foot peaks far south. The City of Hollister, where the county seat is located, is at an elevation of 229 feet. The north and northwest segments of the county are comprised of urban areas, leaving the southern portion of the county primarily rural.

Major transportation routes bisecting the County include State Highways 101, 129, 156 and 25.

The current population of San Benito County is approximately 67,000 inclusively. The County has two incorporated cities – Hollister with a population of approximately 43,300, and San Juan Bautista with a population base of approximate 2,150. However, there is a substantial amount of residential growth occurring in the county that is not factored into the above census data.

The County of San Benito and the City of San Juan Bautista currently contract fire protection services to the City of Hollister (2013). The County seat and Hollister Fire Administration offices are in Hollister. Three of the four Fire Stations are located in the City of Hollister owned by the City of Hollister. Station 4 is located in San Juan Baustista approximately 6 miles west on of Hollister State on Highway 156. The census-designated place of Aromas, located in the Northwestern portion of the county, is provided Fire Protection Services through a “tri-county” Fire District contracted to the CalFire and is NOT included in this feasibility study.

SECTION 2. INSTRUCTIONS TO RESPONDENTS

2.1 Preparation of RFP
Respondents shall submit the completed Request for Proposal (RFP) with appropriate attachments or explanatory materials. All attachments shall be identified with the Respondent’s name, RFP title, and page number. No oral, telephone, or photocopies will be accepted. RFPs must be typed electronically or completed in ink.

2.2 RFP Documents
The following, in addition to this RFP, constitute the RFP documents:
• Exhibit “A” – Prospective Respondent Fact Sheet
• Exhibit “B” – Customer References
• Exhibit “C” – Designation of Subcontractors
• Exhibit “D” – Non-Collusion Declaration
• Exhibit “F” – Living Wage Compliance Statement
• Exhibit “G” –Sample Professional Services Agreement w/Insurance specs.

2.3 RFP Process Schedule
The following is an anticipated RFP and engagement schedule. The County may change the estimated dates and process as deemed necessary.

The proposed schedule for the submittal reviews and notifications is as follows:

Activity Date
Advertise RFP September 11, 2024
Release RFP September 11, 2024
Pre-Proposal Meeting (Zoom) November 15, 2024
Deadline for Submittals December 16, 2024, by 5:00 PM PST Committee Recommendation TBD (January XX, 2025)
City Council/Board Approval TBD February XX 2025
Start of Work TBD March XX 2025

2.4 Submission of Proposal
RFP’s Section 3 defines the Selection Process and Proposal Evaluation Criteria. To score favorably, the Proposal will respond directly to the RFP’s Section 4 “Statement of Work, Sections 4.1 – 4.4.” It is the responsibility of the Proposer to ensure that the proposal is received by the City of San Juan Bautista on behalf of the San Benito County Fire Protection Advisory Committee at this Email Address cityclerk@san-juanbautista.ca.us on or before the date and time specified above. Late proposals will not be considered. All responses shall be submitted in electronic Adobe PDF format. All costs incurred in the preparation of a proposal responding to this RFP will be the responsibility of the Respondent and will not be reimbursed by the Committee or its members.

Respondents shall not contact Hollister, San Juan Baustista, or County officers or employees with questions or suggestions regarding this solicitation except through the primary contact person listed in Section 2.7. Any unauthorized contact may be considered undue pressure and cause for disqualification of the Respondent.

Proposals must be received in the City of San Juan Bautista’s “City Clerk” email, [email protected] , on or before the time and date specified in proposal submittal instructions. It shall be the sole responsibility of the Respondent to ensure that the email is received at or before the specified time. Proposals received after the deadline will be deemed non-responsive and returned unopened.

The subject line must indicate the following:
“San Benito County Fire Advisory Committee Fire Protection and Life Safety District Feasibility Study”
On behalf of the Fire Protection Advisory Committee, the City of San Juan Bautista will review and certify that all proposals are complete and received on a timely basis. The Fire Protection Advisory Committee will then evaluate and select the Respondent that best meets the needs as set forth in this RFP, is the best qualified, and is able to provide the requested services. The evaluation of the RFPs shall be within the sole judgement and direction of the Committee. The Committee reserves the right to reject any or all proposals. The award of the contract is contingent upon approval from the Fire Protection Advisory Committee and the respective two City Councils and Board of Supervisors.

2.5 Proposal Content
The Committee requires a concise proposal that clearly incorporates the following requirements as outlined within the Request for Proposal. • Cover Letter- Provide a one-page cover letter, which includes the firm name, address, and telephone number of the person or persons to be used for contact and who will be authorized to make presentations for the firm. The cover letter must bear the signature of the person authorized to sign on behalf of the proposer and to bind the applicant in a Professional Services Agreement.
• Table of Contents - A comprehensive table of contents of the material, including page numbers, should be included at the beginning of the proposal. • Introduction - Provide an overview of the company, including number of employees, number of years in business and the company’s capabilities, Explanation of independence, any conflicts of interest that exist, Explanation if the Respondent is a small or minority-owned business or women’s business enterprise.
• Description of Study Understanding and Approach - The proposal will provide a statement of the proposer's understanding of the work to be done, a description of the methods and techniques to be used by the proposer to achieve the objectives of the contract, and a positive statement of commitment to perform the scope of work described.

• Identify the Project Team (if more than one person), the team leader, and provide resume(s) for each member.
• Client References: The Respondent shall submit a list of three (3) references.

See Exhibit “B” – Customer References with RFP.
• Scope of Work (Note as Exhibit A in your proposal).
• Cost estimate breakout of consulting fee.
• Location of local office

2.6 Multiple Bids are Non-Responsive
Only one bid/proposal will be accepted from any one person, partnership, corporation, or other entity.

2.7 Questions
Questions are encouraged and permitted until 5 PM on the tenth day before the closing of the RFP solicitation. Questions will be researched, and the answers will be communicated to all known interested parties after the deadline for written questions.

All responses to the questions will then be posted for all bidders to access approximately one week before the RFP solicitation closes.

2.8 Point of Contact
All questions regarding this RFP must be submitted in writing to San Juan Bautista City Manager Don Reynolds using the City Clerk email address cityclerk@san-juanbautista.ca.us. No other individual has the authority to respond to any questions submitted unless specifically authorized by the City Manager. Failure to adhere to this process may disqualify the Respondent.

2.9 Non-Collusion Declaration
Respondent shall execute a Non-Collusion Declaration on the form provided for in this RFP as Exhibit “D.”

2.10 Cost of Service
The Committee or its delegate reserves the right to negotiate the proposed cost with the Respondent prior to executing an Agreement. The agreed costs and cash discounts are to be firm through the end of the Agreement’s term. Upon renewal, rates may be adjusted by mutual agreement. Any subsequent cost increase will be no more than the change in the Consumer Price Index for the San Francisco, Oakland and San Jose, CA area for the twelve (12) months preceding the agreement’s expiration date, plus the annual Living Wage increase. However, in the case of an announced cost decrease, such decrease shall be passed on to the Committee.

2.11 Reservations
The Committee reserves the right to do the following at any time and for its own convenience, at its sole discretion:
• To reject any and all RFPs, without indicating any reasons for such rejection. • Waive or correct any minor or inadvertent defect, irregularity or technical error in any RFP or procedure, as part of the RFP or any subsequent negotiation process.

• Terminate this RFP and issue a new Request for Proposals anytime thereafter.
• Procure any materials or services specified in the RFP by other means. • Extend any or all deadlines specified in the RFP, including deadlines for accepting RFPs by issuance of an Addendum at any time prior to the deadline for receipt of responses to the RFP.
• Disqualify any Respondent based on any real or perceived conflict of interest or evidence of collusion that is disclosed by the RFP or other data available to the County. Such disqualification is at the sole discretion of the Committee.
• Reject the RFP of any Respondent that is in breach of or in default under any other agreement with the Committee.
• Reject any Respondent deemed by the Committee to be non-responsive, unreliable, or unqualified.

2.12 Notification of Withdrawals of RFPs
RFPs may be modified or withdrawn prior to the date and time specified for RFP submission by an authorized representative of the respondent or by formal written notice. All RFPs not withdrawn prior to the response due date will become the property of the Committee.

2.13 Interpretation
Should any discrepancies or omissions be found in the RFP specifications/requirements, or doubt as to their meaning, the respondent shall notify the Buyer in writing at once (e-mail is acceptable). The Committee will send written instructions or addenda to all participants in this RFP process. The Committee shall not be held responsible for oral interpretations. All addenda issued shall be incorporated into the Contract.

2.14 Pre-Award Conference
The Committee, at its discretion, request presentations by or meetings with any or all Respondents to clarify specifications or negotiate modifications to the Respondents’ proposals. Reasonable advance notice will be provided to select Respondents, not all Respondents submitting a proposal may be asked to participate in oral presentations.

2.15 Notice of Award
It is expected that a decision about the selection of the successful Fire Feasibility Study Proposal will be made within 90-days of the closing date for the receipt of proposals.

Upon conclusion of final negotiations with the successful contractor, all Respondents submitting proposals in response to this Request for Proposal will be informed, via email, of the name of the successful contractor.
.

2.16 Execution of Agreement
Upon successful reference checks, evaluations and receipt of all required documents, the Professional Services Agreement, in similar form and content to that provided in Exhibit G, must be executed by both parties.

2.17 Compliance
Respondent, have you complied with all specifications, requirements, terms, and conditions of this Proposal?
Yes _____________ No _____________

A “no” answer requires a detailed explanation giving reference to all deviations to be submitted on company letterhead in attachment form. All exceptions must reference the RFP paragraph and section number followed by an explanation.

2.18 Contractor Responsibility and Performance
The Committee will consider the Contractor to be the sole point of contact to all contractual matters.

Contractor shall provide the services of one (1) or more qualified contract manager(s) responsible for assuring that the services provided under the Agreement are satisfactory. Upon the request of the Committee, as the need arises, the Contractor will make arrangements to have a representative available for presentations to the three agency boards or Committee, data collection including interviews, in-person and/or onsite consultation/problem resolution if required.

2.19 Contractor Qualifications
The following, in addition to any other information you may wish to submit, must be provided in the attachment form as part of your Proposal. All responses shall reference the RFP paragraph number.
• Experience: Contractor shall be an established firm conducting business of the nature specified in this RFP for a minimum of Five (5) years. Contractor shall provide a brief statement of company background including years in business and experience of support staff that would be assigned to the Contract.
• Other Information: Any other information the Contractor deems appropriate should be included in this section.

2.20 Addenda
No one is authorized to amend any of these documents in any respect by an oral statement or to make any representation or interpretation in conflict with their provisions.

Any changes to these documents will be issued in writing via Addenda by City Manager Don Reynolds or designee.

If/when necessary, a written addendum will be emailed to all prospective respondents.

2.21 Extending Contract Prices
If you are the successful Respondent, will you extend costs quoted to the Committee to other municipalities, districts, or jurisdictions (political subdivisions)? Yes _________ No __________
If discounts quoted herein are offered to other political subdivisions, additional delivery charges, if any, must be negotiated between that political subdivision and the Supplier.

2.22 Proprietary Information
All information appearing within the response and proposal is subject to public inspection. Any proprietary information must be clearly marked as such and submitted in a separate PDF file and referenced only within the body of the response.

SECTION 3. SELECTION PROCESS AND EVALUATION CRITERIA

3.1 Selection Process
Proposals will be evaluated based upon, but not limited to, the following criteria (not listed in order of importance):

A. Project methodology and approach
B. Firm’s standing and ccapability to provide the required services C. Qualifications and experience of firm and the personnel named in the proposal D. Technical expertise and resources
E. Past performance on governmental engagements, based on client references and other verifiable information
F. Total overall cost
Proposals will be reviewed and evaluated by the Advisory Committee or its delegate(s). Oral interviews of the most responsive firms may be scheduled shortly after the deadline submission date and may be conducted remotely or by phone at the option of the Advisory Committee.

The Advisory Committee reserves the right to award a contract based on proposal submittal only, without benefit of an oral interview.

3.2 EVALUATION CRITERIA
The following weighting and points will be assigned to this Request for Proposal for evaluation purposes:

CRITERIA MAX POINTS
Project Understanding 10
Work Plan and Approach 25
Qualifications of Personnel 15
Experience and Resources 15
Past Performance/References 10
Project Cost 25
Total 100

3.3 Nonresponsive Proposals:

Proposals may be judged nonresponsive and removed from further consideration if any of the following occur:
• The proposal was not received in a timely manner in accordance with the terms of this RFP.
• The proposal does not follow the specified format.
• The proposal is not adequate to form a judgment by the reviewers that the proposed undertaking would comply with the State of California’s requirements and regulations pertaining to the formation of a fire district.

3.4 Responsive Proposal:

The Committee shall use the information provided by the Respondent in response to the information requested in Proposal Content. Technical Qualifications to determine if the Respondent is responsive.

3.5 Review Process:

In compliance with Uniform Guidance 2 CFR Part 200.319 – Competition, the Committee has conducted this procurement in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.

3.6 Award Process:

The Committee or its delegate San Juan Baustista reserves the right to make an award without further discussion of the proposals submitted. Therefore, proposals should be submitted initially on the most favorable terms, from both technical and price standpoints, that the Respondent can propose.

3.7 Proposal Considerations:

The Committee contemplates award of the Agreement to the responsible bidder, first based upon the specified qualifications and needs of this project described in this RFP, and secondly to the lowest responsive bidder.

SECTION 4. STATEMENT OF WORK, SPECIFICATIONS

4.1 Scope
A. Define the existing services, resources, and fixed assets 1) Describe legal mandates for providing fire services:
a. County Mandates for unincorporated area
b. Mandates that applicable to General Law Cities
c. Cal-Fire and Bureau of Land Management Responsibilities 2) Fire Protection and Life Safety Services
a. Refer to the attached current contract language)
b. Review Department Annual Reports
c. Review of Grand Jury Reports
3) Fire safety and rescue
a. Response times and objectives
b. Mutual Aide Relationships
c. Ambulance/Medical response
d. Training program
e. Prevention and Inspection (Fire Marshall)
f. New development – plan check and safety design
4) Technology
a. 10-year data review 2014-2023
b. Assess the use of Information Technology
c. Emergency Reporting Software and data tracking

d. GIS Mapping Data Access, Integration and Use
e. Communications- reliability
5) Facilities
a. Age and reliability
b. Appropriateness of Facility Locations
c. Facility resilience
6) Community
a. Fire Safety Awareness
b. Fire Safety Preparedness
B. Propose a definition for “Fire District”
1) Define geographic boundaries (same as the County?)
2) Cost variations for servicing each
3) Preferred Permanent Governance Structurea. origin of Board members, b. who is directly represented,
c. how are the members selected
C. Recommend alternatives to forming a District
1) Potential for Partnerships in the region
a. Propose cost sharing principals for each jurisdiction (cost sharing structure)
b. Create cost categories distinguishing call types and associated cost for each to include those services listed in the attached current contract description and include call-readiness
c. Agree to a Call metric/geographic metric that applies various types call services rendered, the travel time and a multiplier for travel costs d. Arrive at a pro-rata breakdown for each agency to be applied to the cost of services
2) Cost Breakdown
a. Direct Costs- salaries, retirement, health benefits, labor agreement b. Cost for readiness and capability to respond
c. Indirect Costs – support and clerical, building, apparatus, and office costs 3) Fixed Asset inventorya. sharing cost,
b. equipment replacement fund and schedule,
c. maintenance, and
d. depreciation

4. Overhead- insurance, finance management

5. Revenue sources
a. Property Tax- create a special assessment amount?
b. State funding
c. Grant Funding
d. Cost Recovery process/revenue offset, false alarm reimbursements e. Agency General Funds
f. Use of Prop 172

D. Cost Recovery Effort
Billing rate established for Cal OES
FEMA Standards, Cognizant Agency Approval
Establish a goal for 100% cost recovery for some calls and services Determine which services will be paid for by general funds as a citizen service Establish subsidy goals for programs and services
Capital Improvement and equipment replacement funds
E. Department Services and facility Assessment, strengths, weaknesses Attachment 2- March 1, 2018 Feasibility study
Review 2018 recommendations
Avoid duplicating this study (pages 152 – 160 (“A-E”)
ISO Rating- existing and ways to improve
Readiness- response ready, standby capacity, and cost
Transition from the National Fire Incident Reporting System to the National Emergency Information Response System (“NEIRS”)
Growth Projections
Entitled housing development projects not built yet
General Plan for each Agency
AMBAG and COG Feedback
Recommend growth projections
Number of Housing units, Housing types, Commercial Industrial uses Provide Department Growth analysis estimates
New Staff and Fixed Assets
Locations for new Stations
F. Prioritize needs to include
Safety,
Protection of Life,
Protection of Property,
Employee Morale, and
Employee Retention
Community Awareness and Readiness
Fiscal Security into the future
Attachments: Current Fire Contract Services (Section A-1 through A-7); March 1, 2018 Feasibility Study

4.2 District Formation and Legal Requirements (if determined that forming a District is be feasible)
• Need for temporary governance - temporary JPA
• Describe the steps needed to form a District
Describe the components of the LAFCO Application
LAFCO’s Role
Other regulatory requirements (CEQA)
Union-Labor relations, MOU
Timeline, and cost

• Identify legal requirements as required by law, including the CORTESEKNOX\HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000.
• Compliance with California Code, Government Code - GOV § 56810 as it applies to the formation of a new district.
• Conduct a municipal service review (MSR) for fire protection within the County.
• Amend as necessary the spheres of influence to allow review and consideration of the formation application.
• Resolutions of Application
• Formation application:
o Preparation of the MSR and sphere of influence amendment proposal for Commission consideration Preparation of the formation application:
• Plan for Service
o Fiscal Impact Analysis and five-year projection of revenues and expenditures
o Determination of property tax
o Revenue available/attributable to the new agency
o Legacy costs/pension obligations
o Equipment purchases/land holdings/etc.
• Important items for consideration:
o Governance structure for new district:
□ Appointed Board of Directors with representation from the City of Hollister, City of San Juan Bautista and the County of San Benito based upon population or an elected Board □ Elected Board of Directors
 Will the members be elected at-large or by or from
districts.
 Will a service zone(s) be necessary to address special revenue/financing issues.
 Ownership of all buildings and equipment. Is the title clear and transferable to the new entity?

4.3 Subject To Modification
The Advisory Committee maintains the right, as it may deem necessary, to add or delete services to this Agreement, with only a thirty (30) day written notice, in order to accommodate any future Advisory Committee offered programs or as a result in the reduction in funding sources. Requests for an increase in services will be negotiated with the successful bidder based on the hourly rates provided herein.

4.4 General Requirements
Under direction from the City Manager of the City of San Juan Bautista and selected staff acting on behalf of the Committee, the consultant shall provide the following services:

Develop a written feasibility study and implementation plan report in accordance with state and federal requirements to form a fire district. Consistent with the detailed scope of services described in Section 2, and Section 4 of this RFP;

• Review past, current, and pending proposed annexations and detachments and determine the present and future impacts to fire protection funding. • Identify where services are duplicated and make recommendations for change that will improve or maintain the existing standard of care in the community. • Make recommendations based on best practices, supported by specific examples from other communities within the State of California, that will enhance or maintain the current level of fire protection services. • Report on other matters that come to your attention related to assumptions in your findings.
• Present your findings to The Fire Protection Advisory Committee

4.5 Work Product
All items delivered will be the sole property of the the County of San Benito, City of Hollister and City of San Juan Baustista. All deliverables should be completed using Microsoft Word or Excel formats. A complete set of all documents and exhibits, including but not limited to maps, charts, tables are to be provided on two universally accessible storage mediums (e.g. USB flash drive). Monthly progress reports including research information and any required grant documentation are to be submitted to relevant personnel in a timely manner. Final deliverables are to include the following:
• Complete feasibility study and implementation plan.
• Schedule to complete scope of work within one hundred twenty (120) days of award.

4.6 Proposal Content
The Advisory Committee requires a concise proposal that clearly incorporates the following requirements as outlined within the Request for Proposal. • Cover Letter
• Description of Study Understanding and Approach
• Technical Qualifications as described below.
• Client References
• Scope of Work
• Cost estimate breakout of consulting fee

SECTION 5. STANDARD TERMS AND CONDITIONS
The following provisions are expected to form the basis for the contract between the County and the successful Contractor(s).

5.1 Term of Professional Services Agreement
The term of this contract shall be for the duration of the project.

5.2 Purpose of Professional Services Agreement

The purpose of the Contract is to establish the terms and conditions under which the Contractor shall provide a Fire Feasibility Study and Process to Form a Fire District to the County of San Benito.

5.3 Changes
After award, no changes or additional service charges shall be made or imposed during the life of the Agreement, nor will bills for changes or extra charges, modifications or deviations be recognized or paid for except upon written order from the City of San Juan Bautista acting on behalf of the Committee, in advance of any additional work.

5.4 License and Permits
The Contractor shall maintain all business and professional licenses that may be required by Federal, State and local codes.

5.5 Compliance with Laws
Contractor shall, during the term of the Agreement, comply with all applicable federal, state, and local rules, regulations, and laws.

5.6 Termination
The Advisory Committee reserves the right to terminate the Agreement, in whole or in part, at any time, for any reason, without penalty. Advisory Committee shall give Contractor thirty (30) days written notification prior to the effective date of termination.

The Contractor may terminate this Agreement with thirty (30) days’ written notification stating the reason for cancellation and mailed to the City Manager, City of San Juan Bautista, PO Box 1420, San Juan Bautista, CA 95045.

5.7 Assignment
Contractor shall not assign the Agreement, or any interest herein, without the written consent of the Advisory Committee, and then only to a person or persons approved by the County on such terms and conditions as Advisory Committee may require.

5.8 Inclusion of Documents
This RFP, all addenda, and the submittal in response to this RFP will be required to be incorporated as part of any final Agreement.

5.9 Payment Terms
Invoices are to be sent to the City of San Juan Bautista Accounts Payable office and will be processed for payment within 30-days receipt of invoice.

5.10 Price Guarantee
The Advisory Committee expects the cost to remain the same during the length of the contract. The Advisory Committee will not recognize change orders unless approved by the authorized representative of the San Juan Bautista City Manager in advance of the commencement of the additional work. Hourly rates may be adjusted only as stated in

2.13 of these terms and conditions.

5.11 Invoicing
Contractor shall itemize all applicable service and labor charges. Each invoice must clearly identify the following information:
 City Executed Agreement and Purchase Order Number
 Service location
 Time and date of service
 Signature of Department Contact, or designee

5.12 Force Majeure
Contractor shall not be liable for any delays with respect to the Contract due to causes beyond its reasonable control, such as acts of God, epidemics, war, terrorism, or riots.

5.13 Severability
Should any part of the Contract be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the validity of the remainder of the Contract which shall continue in full force and effect; provided that the remainder of the Contract can, absent the excised portion, be reasonably interpreted to give the effect to the intentions of the parties.

5.14 Controlling Law
The Agreement shall be governed and construed in accordance with the laws of the State of California and proper venue for legal action regarding the Agreement shall be the County of San Benito.

5.15 Amendment

Amendment to or modification of the terms and conditions of the Agreement shall be effective only upon the mutual consent in writing by the parties hereto.

5.16 Indemnity and Insurance Requirements
Certificates of Insurance for Liability, Automobile, and Worker’s Compensation must be provided to the Advisory Committee before contract is signed and must remain in effect throughout the entire term of the Contract; reference Exhibit “E”.

The Advisory Committee reserves the right to withhold payments to the Contractor or cancel the Agreement in the event of non-compliance with the insurance requirements outlined above.

5.17 Living Wage
Contractor must complete the exhibit in regard to living wage statement for employees.

Complete and return Exhibit “F” with RFP.

5.18 Default
The Advisory Committee may, subject to the provisions of Paragraph 3, below, by written notice of default to the Contractor, terminate the whole or any part of a contract in any one of the following circumstances:
• If the contractor fails to make delivery of the supplies or to perform within the time specified herein or promised, or any extension there of; or • If the contractor fails to perform any of the other provisions of this contract.

In the event the Advisory Committee terminates a contract in whole or in part, as provided in Paragraph (a), of this clause, the Advisory Committee may procure, upon such terms and in such manner as may deem appropriate, supplies, services or work similar to those so terminated, and the contractor shall be liable to the Advisory Committee for any excess costs for such similar supplies, services or work; PROVIDED, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. The contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault and negligence of the contractor.

5.19 Equal Employment Opportunity
During and in relation to the performance of this Agreement, CONTRACTOR agrees as follows:
• The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following:
recruitment; advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.
• If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:
o The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in
CONTRACTOR’S solicitation of goods and services, Definitions

for Minority/Women/Disabled Business Enterprises are available from the COUNTY General Services Purchasing Division.
o In the event of the CONTRACTOR’S non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further agreements with the COUNTY. o The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. To be inserted in all subcontracts for any work covered under this Agreement by a subcontractor compensated more than $50,000 and employing more than fifteen (15)
employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

5.20 Independent Contractor Status

CONTRACTOR and Advisory Committee have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of Advisory Committee, San Benito County, City of Hollister or City of San Juan Bautista. CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.) and all payroll related taxes.

CONTRACTOR is not entitled to any employee benefits. Advisory Committee agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

Principal Test: The CONTRACTOR rather than Advisory Committee has the right to control the manner and means of accomplishing the result contracted for.

Secondary Factors: (a) The extent of control which, by agreement, Advisory Committee may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the Advisory Committee supplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of Advisory Committee; (i) CONTRACTOR and Advisory Committee believe they are creating an independent contractor relationship rather than an employer-employee relationship; and (j) The Advisory Committee conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather that overall there are significant secondary factors that indicate that CONTRACTOR is an independent contractor.

5.21 Non-assignment
CONTRACTOR shall not assign the Agreement without the prior written consent of the Advisory Committee.

5.22 Retention and Audit of Records
CONTRACTOR shall retain records pertinent to this Agreement for a period of not less than five (5) years after final payment under this Agreement or until a final audit report is accepted by Advisory Committee, whichever occurs first. CONTRACTOR San Benito County Auditor-Controller, the Auditor General of the State of California, or the designee of for a period of five (5) years after final payment under this Agreement.

SECTION 6. OFFICIAL RFP FORM
The undersigned offers and agrees to furnish all work, materials, equipment or incidentals required to complete the services subject to this Request for the costs stated and in conformance with all plans, specifications, requirements, conditions and instructions. All hours are approximate and there is no guarantee that all hours will be met. No minimum or maximum hours apply to the resulting contract. The respondent is to consider the estimate number of hours as only a ball park figure based on prior history for the same services.

Complete the following including costs of services as shown. Please note any deviation from the hourly charge and indicate the number of hours needed to complete each task.

I declare under penalty of perjury that I have not been a party with any other respondent to offer a fixed cost in conjunction with this Request for Proposal.

Executed in , California, on , 2023

SIGNATURE TITLE
PRINTED NAME OF PERSON WHO’S SIGNATURE APPEARS

NAME OF FIRM

ADDRESS CITY ZIP

TELEPHONE DATE

SECTION 7. EXHIBITS
EXHIBIT “A”

PROSPECTIVE RESPONDENT FACT SHEET
Name of Contractor: __________________________________________________

Contractor Tax ID#: |__|__| _ |__|__|__|__|__|__|__|

Contractor's License #: ______________________ Type: ________________ (as applicable)

Contractor Does Business As: ___ Individual ___ Partnership ___ Corporation ___ Government ___ Fiduciary ___ Other

Contractor is a: ___ Resident ___ Non-Resident of California

1) Is your firm authorized to do business in the State of California? Y N 2) Is your firm a State of California registered small business? Y N

3) Is this a disabled owned business? Y N

4) Is this a women owned business? Y N

5) Is this a minority owned business? Y N
6) Has your firm been certified as a minority firm by any public agency? Y N If yes, name of agency: ___________________________________________________

name of certifying officer: ____________________ Phone # _________ 7) Local Business yes_________ no__________

8) This firm has been in continuous business under the present name for ___years.

9) Annual sales volume: _____________ 10) Net worth of business: ________

NOTE: Please reference Standard Definitions on the following page.

Exhibit “B”

CUSTOMER REFERENCES
List and submit with this RFP four (4) customer references for whom you have furnished similar services in size and nature.

1. COMPANY NAME:

ADDRESS:

CONTACT PERSON:

TELEPHONE NUMBER:

2. COMPANY NAME:

ADDRESS:

CONTACT PERSON:

TELEPHONE NUMBER:

3. COMPANY NAME:

ADDRESS:

CONTACT PERSON:

TELEPHONE NUMBER:

4. COMPANY NAME:

ADDRESS:

CONTACT PERSON:

TELEPHONE NUMBER:

Exhibit “C”

DESIGNATION OF SUBCONTRACTORS
Respondent shall complete the form below for each Subcontractor. A Subcontractor is one who: (1) performs Work or labor; or (2) provides a service to the Respondent. If there are no subcontractors, please state “NONE”.

SUBCONTRACTORS

NAME LOCATION OF BUSINESS WORK

SIGNATURE BLOCK
Respondent Signature: Date:

Respondent's Name &
Title (Print):

Exhibit “D”

NON-COLLUSION DECLARATION

TO BE EXECUTED BY RESPONDENT AND SUBMITTED WITH RFP
I,_____________________________________________________________, am the (Name)
_________________________________ of _________________________________, (Position/Title) (Company)
The party making the foregoing RFP that the RFP is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the RFP is genuine and not collusive or sham; that the respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham RFP; and has not directly or indirectly colluded, conspired, connived, or agreed with any respondent or anyone else to put in a sham RFP, or that anyone shall refrain from bidding; that the respondent has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the respondent or any other respondent, or to fix any overhead, profit, or cost element of the bid price, or of that of any other respondent, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the RFP are true; and, further, that the respondent has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct:

(Date) (Signature)

EXHIBIT “E”
Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language

effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Exhibit “F”

LIVING WAGE COMPLIANCE STATEMENT
COMPANY NAME:
___________________________________________________________________ Address:_____________________________________________________________________ Street City State Zip
Proposed Service:____________________________________________________________

1. Number of employees: ______________ If five or less, please sign below and return.

2. Are your employees covered by a collective bargaining agreement? Yes: __ No: __ If yes, please indicate the name(s) of the union and/or bargaining unit and then sign and return:
________________________________________________________________

3. Are your employees receiving a pay rate that meets or exceeds the Federal Living Wage requirements: Yes:__ No: __

4. Are medical benefits provided to your employees? Yes:__ No: __ If yes, enter the name and address of the plan or program below. ______________________________________________________________________

5. Number of compensated days off (sick leave, vacation, holidays) per year for full-time employees: _________

6. Will any subcontractors perform work on this contract? Yes: __ No: __ If yes, please complete and submit this form for each subcontractor working on this County Contract.

7. Please list any other contracts for services you currently have with the County:
_______________________________ ___________________________________ Contract/PO# $ Amount

8. Within the last five years, have you had any violations with the National Employees Relations Board, the Occupational Safety and Health Agency, the California Labor Commission, the Equal Employment Opportunity Commission, and/or the Department of Fair Employment and Housing. Yes: __ No: __
If yes, attach a statement describing the findings of violations and how they were addressed. You may be required to provide information regarding employee turnover, wages paid, benefits and employee grievances or complaints.

Do you agree to provide this information within 10 days of request? Yes: __ No: __

9. You may be required to provide certified payroll records 30 days after the contract commencement to include the following information for each of your employees:
employee name, contact phone number, job classification, date of hire, employer benefit

contribution, and hourly wage.

Do you agree to provide this information within 10 days of request? Yes: __ No: __ I certify, under penalty of perjury, that the above information is true and correct. ____________________________________________________________________________ Name (please print) Title Phone Number Fax Number
____________________________________________________________________________ Signature Date

“Exhibit G”

SAMPLE PROFESSIONAL SERVICES AGREEMENT

INSERT PROFESSIONAL SERVICES AGREEMENT

LIVERMORE- PLEASANTON FIRE DEPARTMENT

JOINT POWERS AUTHORITY

AMENDED AND RESTATED AGREEMENT BETWEEN

THE CITY OF LIVERMORE
AND

THE CITY OF PLEASANTON
February 12, 2018

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

AMENDED AND RESTATED AGREEMENT FOR THE

LIVERMORE- PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY This Amended and Restated Agreement for the Joint Powers Authority, dated February 12 , 2018, is between the City of Livermore, a general law city (" Livermore"), and the City of Pleasanton, a general law city (" Pleasanton"), collectively referred to as the " Parties".

RECITALS
In 1996, the Parties entered into an agreement dated December 3, 1996 ( the Original Agreement") to create the Livermore- Pleasanton Fire Department Joint Powers Authority (the " Authority") as a separate governmental entity pursuant to the Joint Exercise of Powers Act, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California ( commencing with section 6500, et seq.) ( the " Act") to exercise powers common to Livermore and Pleasanton and powers granted under the Act.

The Authority was created to merge the Parties' individual fire departments and consolidate them into a single fire department to deliver more cost-effective Fire Protection Services, as defined herein, for Livermore and Pleasanton by eliminating duplicative efforts. The management and governance structure for the Authority was established to preserve the ability for Livermore and Pleasanton to each establish the level of service it determines to be appropriate within its own jurisdiction.

On January 31, 1997, a Notice of Joint Powers Agreement for the Authority was filed with the Secretary of State pursuant to section 6503. 5 of the Act (Attachment A).

In 2000, the Parties entered into an agreement, dated August 1, 2000 ( the " 2000 Agreement"), that amended the Original Agreement to identify the administrative services contributed by the Parties to the Authority, to define the limits of the Authority' s powers relative to personnel, to allow the Authority to acquire assets, to allocate liability, and to provide for legal services.

The Authority has been successful, and the Parties want the Authority to continue providing Fire Protection Services at the level of service that Livermore and Pleasanton each determine to be appropriate for its own jurisdiction. The Parties also want to improve the Authority' s efficiency by providing it with additional powers to contract for goods and services, possess personal and real property, and insure against its liabilities to further increase its operational capabilities and efficiencies.

NOW, THEREFORE, Livermore and Pleasanton, for and in consideration of the mutual promises and agreements herein contained, do agree that the Authority shall be managed, governed, operated, and administered as follows:

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

SECTION 1. DEFINITIONS
Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Amended and Restated Agreement have the meanings herein specified.

Act. The term " Act" means Articles 1 through 4 ( commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California.

Administrative Services. The term "Administrative Services" means those essential organizational and support services contributed by the Parties and necessary to enable the Authority to provide Fire Protection Services. It includes, but is not limited to, the following categories of services: finance and budget, purchasing, human resources and labor, legal, risk management and workers compensation, city clerk, and information technology.

Amended and Restated Agreement. The term " Amended and Restated Agreement" means this agreement.

Assign. The term " Assign", when used in conjunction with the word " Personnel", means individuals employed by Livermore or Pleasanton, but whose primary work assignment is with the Authority and the majority of their hours worked is for the Authority.

Authority. The term " Authority" means the Livermore- Pleasanton Fire Department Joint Powers Authority.

Board of Directors. The term " Board of Directors" means the Authority's governing board as constituted in Section 5( A).

Contribute. The term " Contribute" means to provide an in- kind service, item, or property.

Cost Allocation Plan. The term " Cost Allocation Plan" means the allocation of administrative costs and assigned personnel by each party, as described in Section 6(A) and the methodology in Attachment C.

Cost Sharing Plan. The term " Cost Sharing Plan" means each Party's responsibility for its share of the costs and supportive services, as described in Section 6(A) and the methodology in Attachment B.

Fire Protection Services. The term " Fire Protection Services" means those services directly related to, and in furtherance of, providing fire prevention, fire suppression, and may, but is not required to, include emergency medical response, hazardous materials response, ambulance transport, disaster

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

preparedness, fire regulation enforcement ( including the Uniform Fire Code, California Health and Safety Code sections 13800 et seq., and such fire code and fire ordinances as may be adopted and revised from time-to-time by Livermore and Pleasanton), emergency rescue, and dispatch services, as well as administration and support necessary to provide those services.

Livermore. The term " Livermore" means the existing municipal corporation known as the City of Livermore, a general law city duly organized and existing under and by virtue of the laws and the constitution of the State of California.

Original Agreement. The term " Original Agreement" means Joint Exercise of Powers Agreement between the City of Livermore and the City of Pleasanton creating the Livermore-Pleasanton Fire Department Joint Powers Authority dated December 3, 1996.

Pleasanton. The term " Pleasanton" means the existing municipal corporation known as the City of Pleasanton, a general law city duly organized and existing under and by virtue of the laws and the constitution of the State of California.

Parties. The term " Parties" means collectively the City of Livermore and the City of Pleasanton.

Real Property Schedule. The term " Real Property Schedule" means the schedule of properties each Party owns and makes available, contributes, or leases to the Authority, as described in Section 6(A) and Attachment E.

Vehicle and Equipment Schedule. The term " Vehicle and Equipment Schedule" means the schedule of vehicles, equipment, and other properties made available, contributed, or leased by each Party to the Authority, as described in Section 6( A) and the template in Attachment D.
2000 Agreement. The term " 2000 Agreement" means the Joint Exercise of Powers Agreement between the City of Livermore and the City of Pleasanton creating the Livermore- Pleasanton Fire Department Joint Powers Authority dated August 1, 2000, which revised the Original Agreement.

SECTION 2. PURPOSE
The purpose of the Authority is to operate the Livermore- Pleasanton Fire Department to efficiently provide Fire Protection Services for the Parties at the level of service that Livermore and Pleasanton each determine to be appropriate for its own jurisdiction.

The purpose of this Amended and Restated Agreement is to enumerate the Authority' s duties, responsibilities, and powers, which may be amended from time- to- time by the Parties.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

SECTION 3. TERM
This Amended and Restated Agreement shall become effective when it has been approved by the City Councils for Livermore and Pleasanton, and shall continue in full force and effect until it is amended by the Parties or the Authority is dissolved. The effective date shall be the date when the agreement has been fully executed by both parties.

SECTION 4. AUTHORITY
A. Creation.

Pursuant to the Act, the Parties created the Authority as a public entity separate and distinct from each of the Parties. Notice of the Original Agreement creating the Authority was filed with the office of the Secretary of State for the State of California, effective January 31, 1997, in the manner set forth in Government Code section 6503. 5 Attachment A).

B. Jurisdiction.

The Authority' s jurisdiction is all territory within the jurisdictional boundaries for Livermore and Pleasanton. In addition, the Authority may undertake actions outside its jurisdictional boundaries as may be necessary and incidental to the accomplishment of its purpose, and may provide Fire Protection Services to others as approved by the Board of Directors or by the City Councils for Livermore and Pleasanton.

C. Principal Office.

The principal office of the Authority shall be its headquarters located at 3560 Nevada Street, Pleasanton, California unless otherwise designated by the Joint Executive Directors.

D. Members.

The Parties shall be the only members of the Authority.

E. Officers.

At a minimum, the Authority' s principal officers shall be the Joint Executive Directors, a Secretary, and a Treasurer. In its discretion, the Board of Directors may designate additional officers with duties and responsibilities that do not conflict with the duties of the principal officers.

F. Powers.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

Except as provided in Section 4( G) Powers Expressly Reserved to the Parties below, the Authority is authorized to exercise and shall have all common powers of the Parties to provide Fire Protection Services, including the enforcement of fire codes regulations, at the level of service determined by Livermore and Pleasanton to be appropriate for its own jurisdiction. None of the powers articulated herein shall limit the Parties' ability to act on behalf of the Authority. In addition to those general powers, and not as a limitation thereon, the Authority has the power to:
1) Adopt rules, regulations, policies, and procedures governing the operation of the Authority;
2) Make and enter into contracts;
3) Sue and be sued;
4) Acquire and maintain insurance of all types;
5) Set limits for insurance coverage, based on recommendations from the Joint Executive Directors;
6) Contract with consultants and general service providers; 7) Acquire, hold, own, operate, maintain, lease, and dispose of personal and intangible property, materials, supplies, and equipment and light duty vehicles, fire trucks, and other vehicles, except that the Parties may contribute or make such items available to the Authority as set forth in Section 6( C);
8) Acquire, hold, own, operate, maintain, lease, and dispose of real property, except that the Parties may contribute or make such real property available to the Authority as set forth in Section 6( C);
9) Obtain and secure grant funding from any and all available public and private sources including local, state, and federal government; 10) Incur debts, liabilities, or obligations, subject to the provisions of this Agreement, as detailed in Section 4( I);
11) Carry on technical, regulatory, enforcement, and other investigations of all kinds necessary to further the purposes of the Authority; 12) Pursuant to Section 6505. 5 of the Act, invest any money in the treasury that is not required for the Authority' s immediate necessities in the manner and upon the same conditions for local agencies pursuant to Section 53601 of the Government Code; and, 13) Except for the limitations, the Authority shall have all additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

G. Powers Expressly Reserved to the Parties.

The Parties expressly reserve the power, and the Authority shall not have the power, to:
1) Exercise the power of eminent domain;
2) Impose taxes, assessments, fees, or charges;
3) Impose, levy, collect, or cause to be collected, or to receive and use, any impact or development fees on new residential, commercial, and industrial development; 4) Form one or more special assessment districts under any legal authority that exists now or in the future, including, without limitation, the Improvement Act of 1911 Streets and Highways Code section 5000 et seq.), the Municipal Improvement Act of 1913 ( Streets and Highways Code section 10000 et seq.), the Improvement Bond Act of 1915 ( Streets and Highways Code section 8500 et seq.), and the Marks- Roos Local Bond Pooling Act of 1985 ( Government Code section 6584 et seq.); 5) Form one or more special tax districts under the Mello- Roos Community Facilities District Act of 1982 ( Government Code section 53311 et seq.) or any other authority that may exist now or in the future;
6) Issue bonds; and
7) Lease real property for purposes of debt financing.

The Parties expressly reserve the power to exercise any of the above- listed powers on behalf of the Authority, and expressly reserve all of their individual rights and powers to provide Fire Protection Services separately within their respective jurisdictional boundaries.

H. Restriction on the Manner Powers are Exercised.

Pursuant to Section 6509 of the Act, Pleasanton is the party designated for determining the restrictions on the Authority's manner of exercise of its powers.

Debts, Liabilities, and Obligations.

Pursuant to Section 6508. 1 of the Act, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of Livermore or Pleasanton, either jointly or severally without the prior approval of the City Councils for Livermore and Pleasanton. Except, however, liability for pension obligations and past employment retirement benefits for personnel assigned to the Authority by Pleasanton shall be shared by Livermore and Pleasanton, as detailed in a separate agreement adopted by the

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

respective City Councils for Livermore and Pleasanton and revised from time to time when adjustments to suppression staffing ratios are made. No debt, liability, or obligation of the Authority shall be a lien against any personal property, real property, or vehicle Livermore or Pleasanton contributes or makes available to the Authority, as set forth in Section 6( C), without the prior approval of the City Councils for Livermore and Pleasanton.

J. Personnel Rules and Procedures.

The Authority shall maintain personnel workplace procedures, rules, regulations, and policies. The personnel assigned by one of the Parties to the Authority shall follow the personnel procedures, rules, and regulations of the Authority. All Livermore and Pleasanton employees who provide Administrative Services that are contributed by a Party to the Authority shall follow the personnel procedures, rules, and regulations of the City that employs them.

K. Records Retention.

Pursuant to its retention schedule, the Authority' s records shall be retained at its principal office for inspection and copying by the public, unless the Joint Executive Directors direct the records to be retained in a different location as set forth in Section 6( D)( 1).

L. Fiscal Matters.

The Authority Treasurer shall establish and maintain such funds and accounts, and keep such financial records, as may be required by good accounting practice, which shall be retained as required by the Authority' s retention schedule. The Treasurer shall have the duty and responsibilities set forth in Section 5( G) to maintain said funds and accounts at either Livermore or Pleasanton as designated by the Joint Executive Directors as set forth in Section 6( D)( 2).

M. Confidentiality
As provided in Government Code section 54956. 96, information from a closed session of the Authority may be shared in closed sessions of the City Councils of Livermore and Pleasanton.

SECTION 5. ADMINISTRATION
A. Board of Directors.

The Board of Directors is the legislative body for the Authority and shall consist of four members. Two Board Members shall be Council Members from Livermore, and two Board Members shall be Council Members from Pleasanton. Livermore and Pleasanton each have the discretion to determine which of its Council Members will be appointed as Board Members to the Board of Directors.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

1) Voting. Each Board Member shall have one vote. The Board of Directors may take action by the affirmative vote of the majority of the entire Board of Directors.

Impasse matters may be referred to the City Councils as provided for in Subsection 5( A)( 7)( b).
2) Meetings. The Board of Directors shall hold at least two meetings annually and such additional meetings as may be noticed by the Joint Executive Directors.

Meetings shall be held at the Authority's principal office unless the Joint Executive Directors identify an alternative location in the meeting notice. a) Quorum. A majority of the Board Members shall constitute a quorum for the Board of Directors to transact business, except that less than a quorum may adjourn meetings from time-to-time.
b) Legal Notice. All Board of Directors meetings shall be called, noticed, held, and conducted subject to the provisions of the Ralph M. Brown Act( Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California sections 54950- 54961)) or any successor legislation hereinafter enacted. c) Minutes. The Secretary shall keep, and the Board of Directors shall approve, the minutes for all Board of Director meetings. The minutes shall be retained as provided for in Section 4( K). Within 30 days of a Board of Directors meeting, the Secretary shall deliver draft minutes to each Board Member and to each member of the City Councils for Livermore and Pleasanton.
3) Budgeting. The Board of Directors shall annually consider the following for the Authority: budget, Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, Vehicle and Equipment Schedule, service goals, and service performance standards prepared by the Fire Chief and recommended by the Joint Executive Directors. If the Board recommends any or all of these items, the items shall be referred to the City Councils for Livermore and Pleasanton for consideration and approval. The budget, plans, and schedules for the Authority must be approved by a Council majority for both Livermore and Pleasanton.
4) Labor Agreements. As may be necessary, the Board of Directors shall consider any labor relations agreements for any personnel assigned to the Authority. The labor negotiators for the Authority shall be the Joint Executive Directors or their designees. For meet- and- confer purposes, the City Councils for Livermore and Pleasanton shall, as provided in Government Code section 54957. 6, be authorized to meet in a joint closed session or separately to instruct the Board of Directors and the Authority' s negotiators. The Board of Directors and the Authority' s negotiators shall negotiate with " Exclusively Recognized Employee Organizations." After the Authority' s negotiators and the " Exclusively Recognized Employee Organizations" have reached a tentative agreement, the Board of Directors shall request approval of the tentative agreement by the City Councils for Livermore and Pleasanton, which shall meet separately or jointly to confirm or reject the tentative agreement.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

5) Conflict of Interest Policy. The Board of Directors shall adopt, and thereafter maintain, a local conflict of interest policy for the Authority that complies with the requirements in Government Code section 87300 et seq.
6) Records Retention Schedule. The Board of Directors shall adopt a records retention schedule for the Authority.
7) Referral to Livermore and Pleasanton City Councils.
a) The Board of Directors may refer matters to the City Councils for Livermore and Pleasanton, except impasse items as provided in subsection 5(A)(7)( b) below, by an affirmative vote of the majority of the entire Board of Directors. The Board of Directors may reconsider at any time any matter not receiving an affirmative vote of the majority of the entire Board of Directors. Moreover, the Board of Directors may re- refer any matter to the City Councils that does not receive approval by both City Councils. b) An impasse item is any matter before the Board of Directors that does not receive an affirmative vote for action by the majority of the entire Board of Directors. If the Board of Directors is unable to reach an affirmative vote after reasonable attempts to reconsider, then the impasse item may be referred to the City Councils for Livermore and Pleasanton, which shall, ( i) consider the item independently, and ( ii) if, after independent consideration, the matter is still at impasse, the City Councils of Livermore and Pleasanton shall meet jointly in compliance with the Brown Act, at a suitable facility in the Authority' s jurisdiction, to consider the impasse matter. An affirmative vote of the majority of the entire City Council for Livermore and an affirmative vote of the majority of the entire City Council for Pleasanton is necessary to take action on an impasse item.

B. Joint Executive Directors.

The Joint Executive Directors shall be the City Managers for Livermore and Pleasanton, who shall be the administrative head of the Authority. The Joint Executive Directors, under the direction and control of the Board of Directors, shall be responsible for the efficient administration of all the affairs of the Authority. The Joint Executive Directors shall prepare a policy that establishes the powers that must be exercised and the decisions must be made jointly, and which may be exercised and made by one of the Joint Executive Directors with notice to the other. In addition to their general powers as administrative head, and not as a limitation thereon, it shall be their joint duty and their joint power to:
1) Enforce all laws of the State of California and ordinances of Livermore and Pleasanton for the Authority' s role to provide Fire Protection Services, and to see that all contracts, permits, and privileges authorized by the Authority are faithfully observed; 2) Control, order, and give direction to the Authority through the Fire Chief; 3) Appoint, and when necessary for the good of the Authority, remove the Fire

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

Chief, who shall be an at will employee;
4) Attend all meetings of the Board of Directors unless excused therefrom; 5) Keep the Board of Directors at all times fully advised as to the financial condition and needs of the Authority;
6) Each year, review with, and recommend to, the Board of Directors a budget for the Authority prepared by the Fire Chief;
7) Each year, prepare and recommend to the Board of Directors, a Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule to establish Livermore' s and Pleasanton' s respective shares of the Authority's budget taking into account the level of service to be provided to Livermore and Pleasanton and the Parties' contributions to the Authority;
8) Instruct the Secretary to prepare and post notices and agendas for Board of Directors meetings to be held at the Authority's principal office or such other designation within the Authority's jurisdiction identified by the Joint Executive Directors; and
9) Perform such other duties and exercise such other powers as may be delegated to them from time- to-time by resolution or other action of the Board of Directors.

C. General Counsel.

The General Counsel for the Authority shall be either the City Attorney of Livermore or the City Attorney of Pleasanton, as selected by the Joint Executive Directors, but legal services shall be provided to the Authority by the City Attorney' s Offices for both Livermore and Pleasanton. For purposes of attorney- client privilege, the Authority shall have an attorney- client relationship with the City Attorney' s Offices of both Livermore and Pleasanton. When a Party contributes Administrative Services or assigns personnel to the Authority, the City Attorney' s Office for that Party will be primarily responsible for legal issues related to those individuals, but shall consult with the City Attorney' s Office for the other Party. The Livermore City Attorney' s Office shall handle legal issues related to City of Livermore ordinances, and the Pleasanton City Attorney's Office shall handle legal issues related to City of Pleasanton ordinances.

D. Fire Chief.

The Fire Chief shall be an at-will employee appointed by the Joint Executive Directors and contributed to the Authority by one of the Parties, or contracted to the Authority by one of the Parties. The Fire Chief shall be the operational head for the Authority. The Fire Chief shall be responsible for the operation of the Authority to provide Fire Protection Services to the Parties under the direction and control of the Joint Executive Directors. In addition to his or her general powers as operational head, and not as a limitation thereon, it shall be the Fire Chief' s duty and power to:

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

1) Appoint, and when necessary for the good of the Authority, remove any employee assigned to the Authority in accordance with Section 4. J; 2) Direct all personnel assigned to the Authority;
3) Attend all meetings of the Board of Directors unless excused therefrom; 4) Promulgate administrative regulations;
5) Recommend to the Joint Executive Directors such reorganization of offices, positions, departments, or units under his or her direction, as may be indicated in the interest of efficient, effective, and economical conduct of the Authority' s business; 6) Recommend such measures and ordinances as the Fire Chief deems necessary or expedient for the Authority for the Board of Directors to consider for recommendation to the City Councils for Livermore and Pleasanton, except that no measures or ordinances shall be submitted to the Board of Directors except on report and approval of the Joint Executive Directors;
7) Each year, prepare and submit to the Joint Executive Directors, a proposed budget, service goals, and service performance standards for the Authority to provide Fire Protection Services determined to be appropriate by Livermore and Pleasanton for their own jurisdictions, and then review and recommend the final budget to the Board of Directors for consideration and approval;
8) Help the Joint Executive Directors prepare a Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule to establish Livermore' s and Pleasanton' s respective shares of the Authority' s budget, taking into account the level of service to be provided to Livermore and Pleasanton and the Parties' contributions to the Authority;
9) Expend budgeted funds, except that no expenditures shall be submitted or recommended to the Board of Directors unless approved by the Joint Executive Directors; 10) Investigate the affairs of the Authority and any contract, or the proper performance of any obligations of the Authority; and,
11) Perform such other duties and exercise such other powers as may be delegated from time-to-time by the Joint Executive Directors or by resolution or other action of the Board of Directors.

E. Executive Committee.

An executive committee consisting of the Joint Executive Directors, Fire Chief, General Counsel, and such other persons as may be designated by the Joint Executive Directors shall meet at least every 2 months to review and discuss the operation of the Authority and related subjects specified by the Joint Executive Directors.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

F. Secretary.

The Secretary for the Authority shall be the City Clerk for either Livermore or Pleasanton as designated by the Joint Executive Directors in Section 6( D)( 1).

The Secretary shall be the custodian of records for the Authority and shall administer its record retention schedule. The Secretary shall prepare and post notices, and prepare and keep minutes, for all Board of Director meetings.

G. Treasurer.

The Treasurer for the Authority shall be the treasurer, Finance Director, Administrative Services Director, or such other individual exercising the responsibilities of the City Treasurer for Livermore or Pleasanton pursuant to Part 1 of Division 3 of Title 4 of the Government Code of the State of California ( commencing with section 36500 et seq.) as designated by the Joint Executive Directors in Section 6( D)( 2).

The Treasurer is the depositary of the Authority to have custody of all the money of the Authority, from whatever source, and, as such, shall have the powers, duties, and responsibilities specified in Section 6505. 5 of the Act.

The Treasurer shall make, or contract with a certified public accountant or public accountant to make, an annual audit of the accounts and records of the Authority pursuant to Section 6505 of the Act.

The Treasurer shall be the public officer or person who has charge of, handles, or has access to all property of the Authority, and shall file an official bond in the amount of 25, 000 as required by Section 6505. 1 of the Act.

SECTION 6. BUDGET CONTRIBUTIONS AND APPOINTMENTS
A. Budget — Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule.

Concurrent with the annual consideration of the Authority' s budget, the City Councils for Livermore and Pleasanton shall also consider: a Cost Allocation Plan that establishes their respective shares of the Authority' s budget, taking into account the level of service to be provided to Livermore and Pleasanton and each Party' s contributions to the Authority; a Cost Sharing Plan that establishes how various costs shall be shared, such as employee retirement obligations; a Real Property Schedule that lists real property made available, contributed, or leased by each Party; and a Vehicle and Equipment Schedule that lists vehicles and equipment contributed, made available, or leased to the Authority by each Party. If the Authority' s budget, Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule are recommended by the Board of Directors and approved by the City Councils for Livermore and Pleasanton, then Livermore and Pleasanton shall each ensure funding for their respective share in the Cost

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

Allocation Plan for the Authority' s budget for the Fire Protection Services provided and ensure resources listed in the Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule are made available to the Authority. The Joint Executive Directors shall meet periodically to evaluate the plans, schedules, and budget to identify and recommend adjustments to the Board of Directors and City Councils. Any adjustment to the plans, schedules, or budget must be recommended by the Board of Directors and approved by the City Councils of Livermore and Pleasanton to become effective.

B. Budget— Funding Allocations
The Parties shall regularly contribute funding to cover the Authority's expenses pursuant to the adopted budget, plans, schedules, and adopted Amended and Restated Agreement. Such funding shall be held in separate dedicated Livermore and Pleasanton funds to be exclusively used to cover the Authority' s expenses. The Joint Executive Directors shall periodically compare actual expenditures to the budget and make adjustments as necessary. Any adjustments to the plans, schedules, or budget must be recommended by the Board of Directors and approved by the City Councils of Livermore and Pleasanton to become effective.

C. Personnel, Personal Property, Real Property, Vehicles The Parties may contribute, assign, or make available to the Authority, by contract or otherwise, the following:

1. Personnel;

2. Personal and intangible property, materials, supplies, and equipment;

3. Real Property; and

4. Light duty vehicles, fire trucks, and other vehicles.

The Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, and Vehicle and Equipment Schedule shall include an itemized list of all personnel, personal property, real property, and vehicles contributed, assigned, made available, or leased by Livermore and Pleasanton to the Authority.

The Parties may agree to provide personnel to the Authority by contract, and may lease personal property, real property, and vehicles to the Authority, the terms and conditions of which shall be negotiated by the Joint Executive Directors and approved by the Board of Directors and the Party providing the personnel, personal property, real property, or vehicle to the Authority.

The Authority may not sublease or structurally modify any real property contributed or leased to it by Livermore or Pleasanton without the Party' s prior written approval.

D. Appointment of Principal Officers.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

I rte
The Joint Executive Directors shall appoint the following principal officers:
1) Secretary. The Joint Executive Directors shall appoint the City Clerk for Pleasanton or Livermore as the Secretary for the Authority, and shall designate the location of the repository for the retention of the Authority' s records. 2) Treasurer. The Joint Executive Directors shall appoint the Treasurer, Finance Director, Administrative Services Director, or such other individual exercising the responsibilities of the City Treasurer for Livermore or Pleasanton pursuant to Part 1 of Division 3 of Title 4 of the Government Code of the State of California ( commencing with section 36500 et seq.) as the Treasurer for the Authority, and may designate the corresponding Finance Department as the depository for the Authority' s funds and accounts.

E. Administrative Services.

The Joint Executive Directors may designate staff from either Livermore or Pleasanton to provide Administrative Services for the Authority. The Joint Executive Directors shall create an itemized list of all Administrative Services contributed by Livermore and Pleasanton to the Authority, which list shall be included in the Cost Allocation Plan and distributed to the Board of Directors and the City Councils for Livermore and Pleasanton.

F. Fire Protection Service Revenue.

If one of the Parties contracts with a third party to provide Fire Protection Services and collects revenue and utilizes Authority resources, then it shall be noted in the Authority' s budget and reflected in that Party' s level of service. That Party shall have the power to direct the Authority to provide such contracted for services on its behalf. All Fire Protection Services revenues received that are exclusive to one party shall be provided directly to that Party and not deposited in the Authority' s account, unless the City Council for that Party directs the funds to be deposited in the Authority' s account.

G. Fire Stations.

The fire stations used by the Authority shall be constructed, maintained, and insured by and at the sole cost of the city in which the station is located, except for the Authority' s headquarters, located at 3560 Nevada Street, Pleasanton, California, and training center, located at 3301 Busch Road, Pleasanton, California. Livermore and Pleasanton shall construct and maintain the Authority' s headquarters and Pleasanton shall insure it. The Authority shall own the headquarters' structure, and Pleasanton shall own the real property beneath the structure. Pleasanton shall construct, insure, and own the training center. The maintenance, insurance, operating, and future capital costs for the headquarters and training center shall be shared equally by Livermore and Pleasanton. Pleasanton shall be solely responsible for all costs for the fire station attached to the headquarters. The Authority may not structurally modify a fire station

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

without the prior written approval of the Party owning the fire station.

SECTION 7. INDEMNITY, INSURANCE, AND WAIVERS
A. Indemnity.

To the maximum extent allowed by California law, and at no expense to the Parties, the Authority shall defend, indemnify, and hold harmless Livermore, Pleasanton, and their respective officials, officers, directors, employees, attorneys, agents, and designated volunteers from and against any and all claims, loss, liability, damage, including but not limited to, reasonable attorney, consultant, and expert fees, and court costs arising out of, or in connection with, this Amended and Restated Agreement and the Fire Protection Services provided by the Authority, except for the gross negligence and willful misconduct of Livermore, Pleasanton, and their respective elected officials, officers, directors, employees, agents, and designated volunteers.

The defense and indemnification obligations in this Amended and Restated Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in Section 7( B).

The indemnity in this Section 7( A) is unlimited as to amount or duration and is binding upon, and inures to the benefit of, the Parties and the Parties' successors and assigns, and shall survive termination of this Amended and Restated Agreement for the full period of time allowed by law.

B. Insurance.

The Authority shall acquire such insurance protection as is necessary to protect the interests of the Authority and the Parties. At a minimum, the Authority shall procure and maintain insurance during the term of this Amended and Restated Agreement under the terms established in Attachment F, in the amounts established by the Board of Directors upon recommendations from the Joint Executive Directors, against claims that may arise from or in connection with this Amended and Restated Agreement. The Authority, at no cost to the Parties, is responsible for the payment of all premiums, deductibles, and self- insured retention amounts for such insurance.

It shall be a requirement under this Amended and Restated Agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/ or limits shall be available to Livermore and Pleasanton. Furthermore, the requirements for coverage shall be ( 1) the minimum coverage specified in this Amended and Restated Agreement; or ( 2) the broader coverage of any insurance policy or proceeds available to the Authority; whichever is greater. Coverage limits shall be established by the Board of Directors, as recommended by the Joint Executive Directors. No representation is made that the minimum insurance requirements in this Amended and Restated Agreement are sufficient to cover the Authority' s obligations.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

The Authority shall maintain the insurance required by this Amended and Restated Agreement for a minimum of five years following the completion of the Fire Protection Services. In the event the Authority fails to obtain or maintain coverage as required by this Amended and Restated Agreement, Pleasanton or Livermore at their sole discretion may jointly or separately purchase the coverage required and the cost will be paid by the Authority.

The premiums for insurance acquired by the Authority, as well as any anticipated funds necessary to pay for self- insured retentions and deductibles for insurance, shall be determined based upon actuarial studies and included in the budget. Any adjustments to the budget to pay for insurance premiums, self-insured retentions, and deductibles shall be prepared by the Fire Chief with the approval of the Joint Executive Directors for presentation to the Board of Directors for recommendation to the City Councils for Livermore and Pleasanton for consideration and approval.

C. Subcontractors.

The Board of Directors shall adopt minimum insurance requirements, as recommended by the General Counsel, Risk Manager, and Joint Executive Directors, for agreements with Subcontractors.

D. Waiver of Right of Contribution.

The Authority hereby waives and relinquishes any right of contribution it may have at any time against the Parties under California Government Code sections 895. 2 and 895. 6, or otherwise, for any claim for which the Authority is obligated by this Section 7.

E. Waiver of Subrogation.

The Authority agrees to release Livermore and Pleasanton, and waives its rights of recovery against them under the insurance policies required by this Amended and Restated Agreement. The Authority shall ensure that each policy of insurance includes a waiver of subrogation against Livermore and Pleasanton.

F. Settlement Agreements.

The Authority shall not enter into any settlement of any litigation or other proceeding in which the Authority is jointly liable with Livermore or Pleasanton ( or would be if joined in the litigation or proceeding) unless the settlement provides for a full and final release of all claims asserted against Livermore and Pleasanton.

SECTION 8. FISCAL YEAR
The fiscal year of the Authority shall be the period from July 1 of each year to and including the following June 30.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

4011.

SECTION 9. COVENANT NOT TO SUE
The Authority acknowledges that the Parties would not have entered into this Amended and Restated Agreement had they been exposed to damage claims from the Authority for any breach thereof. As such, the Authority and the Parties agree that in no event shall the Authority be entitled to recover damages against the Parties for breach of this Agreement. The Parties further agree that no Party shall be entitled to recover damages against the other Party for a breach of this Agreement. The enforceability and validity of this Section 9 prohibiting the recovery of damages, is part of the bargained for, negotiated consideration for the Parties' agreement to enter into this Amended and Restated Agreement and it is acknowledged that the Parties would not have entered into this Amended and Restated Agreement if they were to be liable in damages under this Amended and Restated Agreement. The Parties' sole relief for a breach of this Amended and Restated Agreement shall be specific performance.

SECTION 10. DEFAULT
In the event that a Party is in default in the performance of any obligation on its part to be performed under the terms of this Amended and Restated Agreement, and such default continues for thirty ( 30) days ( or such longer period of time as is reasonably required to cure such default, provided that the defaulting Party has begun to cure such default as soon as is reasonably feasible) following notice and demand by the nonDefaulting Party for correction thereof to Defaulting Party, then the Non- Defaulting Party may seek the Defaulting Party' s specific performance.

SECTION 11. DISPUTE RESOLUTION
A. Informal Resolution.

In the event of a dispute arising out of, or relating to, any term or condition in this Amended and Restated Agreement, any budget, Cost Allocation Plan, Cost Sharing Plan, Real Property Schedule, or Vehicles and Equipment Schedule for the Authority approved by the City Councils for Livermore and Pleasanton, any default specified in Section 10, and any other disagreement related to the Fire Protection Services provided by the Authority, the Joint Executive Directors shall meet informally to resolve the dispute and reach agreement on the proper interpretation of any term or condition, or a cure for the breach.

B. Mediation.

If the Joint Executive Directors cannot reach an agreement after an informal meeting, then they shall participate in good faith mediation proceedings until the earlier of ( 1) they reach agreement on the relevant issues, or (2) they have completed 16 hours of mediation.

C. Referral to Board of Directors.

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

If the Joint Executive Directors cannot reach an agreement after mediation, the dispute shall be presented to the Board of Directors to make a determination recommendation to the City Councils for Livermore and Pleasanton to resolve the dispute.

SECTION 12. SEVERABILITY
Should any part, term, or provision of this Amended and Restated Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby.

SECTION 13. RESERVED
SECTION 14. SUCCESSORS; ASSIGNMENT
This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties. Except to the extent expressly provided herein, neither Party may assign any right or obligation hereunder without the consent of the other.

SECTION 15. AMENDMENT OF AGREEMENT
The Authority shall continue to exercise the powers herein conferred upon it until the earlier of the date the Parties terminate this Amended and Restated Agreement or the Authority is dissolved as set forth in Section 16. This Amended and Restated Agreement may be amended, and the powers set forth herein may be changed, restricted, or eliminated by an agreement executed by Livermore and Pleasanton at any time. Any and all amendments shall be filed with the Secretary of State in the manner required by law.

SECTION 16. DISSOLUTION OF AUTHORITY; DISPOSITION OF ASSETS Either Party may dissolve the Authority for any reason by delivering a written notice of intent to dissolve to the other Party at least 12 months prior to the dissolution date.

Immediately following delivery of the notice, the Joint Executive Directors shall negotiate a disposition plan to distribute the Authority's assets, property, and contributions from the Parties, to either the Authority' s successor or successors that will provide Fire Protection Services for Livermore and Pleasanton, to the Parties, or for surplus sale. The dissolution plan shall also include a budget for the Authority's operations during the 12 month period leading to dissolution. The disposition plan may also include a plan to dispose of the Authority' s assets to satisfy any of its outstanding liabilities. The intent of the Parties is that Livermore, Pleasanton, or a successor that will provide Fire Protection Services for Livermore and Pleasanton, will be encouraged to work towards hiring personnel assigned to the Authority and assume responsibility of their benefits and pension liabilities. The employment liabilities will be included in the disposition plan. The disposition plan shall be approved by the Board of Directors and the City Councils for Livermore and Pleasanton. In the event the disposition plan is not approved by the Board of Directors and City Councils, then each Party' s contributions will be returned to that Party, and any

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

remaining assets will be sold for surplus and the proceeds used to satisfy the Authority' s outstanding liabilities, with any remaining proceeds being shared 50/ 50 by the Parties.

SECTION 17. FORM OF APPROVALS
Whenever an approval is required in this Amended and Restated Agreement, unless the context specifies otherwise, it shall be given, in the case of Livermore, by resolution duly adopted by the City Council of Livermore, and in the case of Pleasanton, by resolution duly adopted by the City Council of Pleasanton, and in the case of the Authority, by resolution duly adopted by the Board of Directors. Whenever consent or approval is required by the Parties or the Board of Directors, the same shall not be unreasonably withheld.

SECTION 18. NOTICES
Notices to Livermore and/ or Pleasanton shall be sufficient if delivered to the City Clerk of each City. Notices to the Authority shall be sufficient if delivered to the headquarters, located at 3560 Nevada Street, Pleasanton, California.

SECTION 19. SECTION HEADINGS
All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Amended and Restated Agreement.

Signatures and Attachment List on the Next Page

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restate Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written.

Dated: ZlZ g/ 7---e)/& Dated: Ze--) //!
CITY OF LIVERMORE CITY OF PLEASANTOj
By:

Marc Roberts Nelson Fialho
City Manager City Manager
Attest: Attest:
i
By: 1
Susan Neer ren Diaz
City Clerk Cit Clerk
Approved as to form: Approved as to form:
4( By:
iiti/A-4
1, C.

Y
Jason R. Alcala Daniel G. Sodergre
City Attorney City Attorney
Attachment A: Notice of Joint Powers Authority Agreement Attachment B: Joint Fire Operations - Cost Sharing Plan Methodology Attachment C: Administrative Support Services - Cost Allocation Plan Methodology Attachment D: Vehicle and Equipment Schedule
Attachment E: Real Property Schedule
Attachment F: Minimum Insurance Requirements

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE- PLEASANTON

FIRE DEPARTMENT JOINT POWERS AUTHORITY

a a

ATTACHMENT A
State of California
Secretary of State

CERTIFICATE OF FILING
1, DEBRA BOWEN, Secretary of State of the State of California hereby certify:

That on the 31st day of January 1997, a Notice of A Joint Powers Agreement was filed in this office in accordance with Section 6503. 5 or 6503. 7 of the Government Code of the State of California for the following:

Livermore — Pleasanton Fire Department Joint Powers Authority IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
7th day of November 2013
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ATTACHMENT B
JOINT FIRE OPERATIONS and ASSIGNED PERSONNEL - COST SHARING PLAN

METHODOLOGY
All joint fire operating costs of LPFD are summarized and categorized into the following types:

Administrative
Prevention
Suppression
Emergency Operations
Capital Replacement
Administrative
These are costs incurred for the general administration and management of the JPA, and include salaries, other employment costs, and supplies necessary for the administration of the JPA. Costs categorized as Administrative are shared 50/ 50 by both Cities.

Prevention
These are costs incurred for development services ( plan checking and inspection services) and include salaries, other employment costs, and supplies. Fifty percent of the costs categorized as Prevention are shared 50/ 50 by both Cities. The other 50% of these costs are shared proportionally based upon level of service during any given fiscal year. Currently, level of service is measured by number of inspections performed.

Suppression
These are costs incurred for suppression services including salaries, other employment costs, and supplies. Costs categorized as suppression will be shared by both Cities proportionally based upon staffing levels within the suppression function.

Emergency Operations
These are costs incurred for the administration and management of the Emergency Operations function, and include salaries, other employment costs, and supplies. Costs categorized as Emergency Operations are shared 50/50 by both Cities.

Capital Replacement
These are costs incurred for the replacement of significant program equipment, such as SCBA, thermal imaging cameras, and vehicle extraction tools. Costs categorized as Capital Replacement are shared 50/ 50 by both Cities.

ATTACHMENT C

ADMINISTRATIVE SUPPORT SERVICES - COST ALLOCATION PLAN

METHODOLOGY
The Cities shall provide the following administrative support services to LPFD:

Finance and Budget
Purchasing
Human Resources and Labor Relations
Workers Compensation
Legal
Risk Management
Information Technology
City Clerk
The City responsible for providing each administrative support service shall be identified in a memorandum of understanding ( MOU) signed by each City Manager.

The direct cost to provide each administrative support service shall be periodically calculated by an independent consultant. The Cities shall equally share in the direct cost of the administrative support services.

Pension Related Liabilities ( PERS and OPEB)
Methodology of cost allocation of pension related liabilities shall be addressed in a separate MOU, as specified in Section 4. 1.

ATTACHMENT D

VEHICLE AND EQUIPMENT SCHEDULE
Annually, as part of the budget process, the JPA will maintain and update a schedule of Vehicles and Equipment meeting or exceeding the $ 5, 000 capitalization threshold being utilized by LPFD in the format below:

Owner Location Equip. Class Make Model Description Purchase Estimated Original Replacement No. Year Useful Purchase Cost
Life Cost

ATTACHMENT E

REAL PROPERTY SCHEDULE
Each City owns the land and facilities that are located in that city and used by LPFD.

Each City is responsible for maintenance and upgrades to those facilities with the exception of the training facility and Fire Headquarters located in Pleasanton. The City of Pleasanton owns the training facility land and facilities, but the maintenance and operating expenses and revenues are equally shared by Pleasanton and Livermore.

The Fire Headquarters building and related infrastructure are owned by the Authority, and the land upon which the building sits is owned by Pleasanton.

The Cities and LPFD shall maintain a real property list identifying the address and the owner. The following is a list of property made available to LPFD and the ownership status:

Pleasanton Real Property Livermore Real Property
Station 1 & Headquarters Land Station 6
3560 Nevada Street 4550 East Avenue
Pleasanton, CA 94566 Livermore, CA 94550
Station 2 Station 7
6300 Stoneridge Mall Road 951 Rincon
Pleasanton, CA 94588 Livermore, CA 94550
Station 3 Station 8
3200 Santa Rita Road 5750 Scenic Avenue
Pleasanton, CA 94588 Livermore, CA 94550
Station 4 Station 9
1600 Oak Vista Way 1919 Cordoba Street
Pleasanton, CA 94566 Livermore, CA 94550
Station 5 Station 10
1200 Machado Place 330 Airway Boulevard
Pleasanton, CA 94566 Livermore, CA 94550
Training Center
3301 Busch Road
Pleasanton, CA 94566
LPFD Authority
LPFD Headquarters Building
3560 Nevada Street
Pleasanton, CA 94566

ATTACHMENT F

INSURANCE REQUIREMENTS
Types of Insurance
The Joint Powers Authority ( JPA) shall maintain the following insurance, as recommended by the Risk Manager providing risk management services to the Authority:

1. Commercial General Liability, including operations, products, and completed operations, as applicable;

2. Automobile Liability;

3. Workers' Compensation and Employer' s Liability;

4. Professional Liability/ Errors and Omissions;

5. Pollution Liability; and

6. Directors and Officers.

The Authority may provide required coverage by participating in a California Joint Powers insurance program. Such participation shall be approved by the City Councils of Livermore and Pleasanton.

Deductibles and Self-Insured Retention
All self-insured retentions ( SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the Cities of Livermore and Pleasanton. The Cities of Livermore and Pleasanton reserve the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the Cities of Livermore and Pleasanton.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The Cities of Livermore and Pleasanton, their officers, officials, employees, and designated volunteers are to be covered as additional insureds for liability arising out of activities performed by or on behalf of the Joint Powers Authority; or automobiles owned, leased, hired or borrowed by the JPA. The coverage shall contain no special limitations on the scope of protection afforded to the Cities of Livermore and Pleasanton, their officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the JPA' s policy shall be primary and noncontributory and will not seek contribution from the Cities' insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04

13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the Cities of Livermore and Pleasanton before the Cities' own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the Cities of Livermore and Pleasanton, their officers, officials, employees, or volunteers.

4. The JPA's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/ or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be ( 1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 AND the City of Pleasanton, 123 Main Street, Pleasanton, CA 94566.

Verification of Coverage
The Joint Powers Authority shall furnish certificates of insurance and endorsement( s) effecting coverage to the Cities of Livermore and Pleasanton for approval. The endorsements shall be on forms acceptable to the Cities of Livermore and Pleasanton.

All certificates and endorsements are to be received and approved by the Cities of Livermore and Pleasanton before the agreement is executed. The Cities of Livermore and Pleasanton reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

Created: 2023-06-14 12:30:40 [EST]
()

______ Findings—vacant buildings.

The City Council finds as follows: vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods. This is particularly true when the owner of the vacant building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract trespassers, including but not limited to transients and criminals. Use of vacant buildings by trespassers, creates a risk of vandalism and fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry by trespassers and other long-term vacancies discourage economic development and retard appreciation of property values. Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the city needs to monitor the status of vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include law enforcement, public works public safety, code enforcement and building departments.

There is a substantial cost to the City for monitoring vacant buildings (whether or not those buildings are boarded up) which should be borne by the owners of the vacant buildings. ______ Definitions.

The definitions contained in this section shall govern the construction of this chapter.

A. "Blight" shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.

B. "Boarded building" or "boarded up" shall mean a building, any of the doors or windows of which have been covered with plywood or other material.

C. "Vacant building" or "vacant" shall mean a building which is without a legal resident or occupant or which is not being put to a lawful commercial or industrial use. ________ Vacant or boarded building monitoring fee.

A. Fee imposed. There is hereby imposed upon every owner of a vacant or boarded building a monthly vacant or boarded building monitoring fee in an amount to be set by resolution of the city council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant or boarded building and shall be used solely for that purpose. The fee shall be payable as to any building, residential or non-residential, which:

1. Is vacant for more that ninety days for any reason, or

2. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City.

B. Fee waiver. The vacant or boarded building monitoring fee may be waived by the building official upon a showing by the owner that:

1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy, or
Item: 7.A
City Council
September 10, 2024
(Continued from August 20, 2024
Created: 2023-06-14 12:30:40 [EST]
()

2. The building meets all applicable codes and is actively being offered for sale, lease or rent.

C. Procedure. The vacant or boarded building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (B) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the building official within thirty days after the billing is mailed to the owner. The building official shall review the written statement and may contact the owner to discuss the application for waiver. The building official shall prepare a written decision which shall be mailed to the owner. Any owner who disagrees with the decision of the building official relating to an application for waiver may appeal by submitting a written appeal hearing request to the city clerk within thirty days of receipt of the building official's decision. The hearing shall be set and conducted by ____________.

D. Collection. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the building official or the hearing officer, the fee may be collected through a lien, a special assessment or a civil lawsuit.
________ Securing vacant buildings.

The City Manager or designee may impose such requirements to secure the property as deemed reasonably necessary to protect the public’s health, safety, and welfare. The City Manager or designee shall notify the affected property owner of the decision to impose specific securing requirements in writing. Any owner who disagrees with the decision of the City Manager relating to any specific securing requirements may appeal by submitting a written appeal hearing request to the City Clerk within thirty days of receipt of the written notice imposing specific securing requirements on the property.
________ Authority to designate an agent to resume utility service.

The owner of a vacant building may designate in writing to City an agent to authorize the resumption of City utility service to the property. However, this section shall not be interpreted to reduce or eliminate outstanding debts, fees or costs the owner or agent may be required to pay prior to city utility service connection. ________ Penalties.

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.

Item: 7.C
City Council Meeting
September 10, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024 (Continued)
DEPARTMENT: CITY MANAGER/ADMINISTRATION
FROM: DON REYNOLDS, CITY MANAGER
BY: ELIZABETH SOTO, ACTING CITY CLERK
TITLE: DISCUSSION ON UTILITY BILLING
RECOMMENDED MOTION:

Discuss and review the utility billing and receive comments from the City Council and the public.

BACKGROUND INFORMATION:

City engaged Bartle Wells & Associates ("BWA") to recommend a schedule of sewer rates that would fully fund the City's anticipated wastewater system costs and would spread those costs amongst sewer customers in a manner consistent with the requirements of Article XIII D, Section 6 of the California Constitution ("Proposition 218"). On October 19, 2021, by Resolution No. 2021-53 (the "Resolution of Intention"), the City Council, following the recommendation of BWA, proposed to increase the City's sewer rates over a five-year period.

On October 21, 2021 Ordinance 2021-05 was adopted by the City Council amending the San Juan Bautista Municipal Code Section 3-5-150. The Ordinance set a new schedule of sewer rates that would take effect beginning February 1, 2022.

EXECUTIVE SUMMARY
The City is reviewing ways to better serve our residents. We are reviewing ways to streamline the billing process. City Hall is currently open Monday – Friday 9:00 a.m. – 5:00 p.m., and closed for lunch (noon – 1:00 p.m.) Page | 2
PROCEDURE:

In order to eliminate confusion and to avoid having Invoices with different “due dates” a set due date was established. The due date is the 25th of the month by 5:00 p.m. If the due date fell on a holiday or the weekend, the due date would be the following work day.

Invoices are printed following the due date to ensure payments are credited to customer accounts. Invoices are hand printed, review, sorted and mailed. The process can take a few dates.

MuniBilling is a cloud-based utility billing software that the city has been using 2017. MuniBilling offers our residents the ability to sign up through a customer portal
https://cityofsanjuanbautista.secure.munibilling.com/customers/sign_in Residents can view bill history and water usage by signing up MuniBillings customer portal with a code that is printed on their utility bill.

ATTACHMENTS:

1. City of San Juan Bautista Municipal Code Chapter 3-5 Water and Sewer Charges

2. Resolution 2021-05 Sewer Rate Increase

3. Draft Sewer Rate Study (December 1, 2021)
8/15/24, 10:00 AM Print Preview
https://www.codepublishing.com/CA/SanJuanBautista/cgi/menuCompile.pl 1/3 Chapter 3-5

WATER AND SEWER CHARGES
Sections:

Article 1. Payments
3-5-100 Due.
3-5-105 Failure to pay – Notice of termination.
3-5-110 Failure to pay – Disconnection.
3-5-115 Reconnection fee.
3-5-120 Illegal reconnection.
3-5-125 Partial payments.
3-5-130 Collection by occupant.
3-5-135 Returned checks.
3-5-140 Repealed.
3-5-145 Failure to pay for garbage service – Disconnection. 3-5-150 Sewer rates.
3-5-155 Water rates.
3-5-160 CPI adjustment.
3-5-165 Failure to pay water charges – Lien.

Article 1. Payments
3-5-100 Due.

Water and sewer bills shall be mailed to customers by the City on a monthly basis and shall be due and payable on receipt. All such bills shall become delinquent if not paid by 5:00 p.m. on the twentieth day following the date of mailing of each such bill. This shall be known as the delinquency date. At the beginning of business on the first day of the month immediately following the delinquency date, a basic penalty of ten percent (10%) of the amount of the delinquent bill shall then accrue to the delinquent account. A collection charge of one-half percent (0.5%) shall also be charged at the beginning of each month on the amount then accrued in delinquent accounts. 3-5-105 Failure to pay – Notice of termination.

If any water and sewer bill is not paid in full before the delinquency date, then City staff are directed to mail a notice of termination to the delinquent customer. Said notice shall set a 8/15/24, 10:00 AM Print Preview
https://www.codepublishing.com/CA/SanJuanBautista/cgi/menuCompile.pl 2/3 termination date for termination by City of the applicable water or sewer services upon which the customer is delinquent. The termination date shall be at least fifteen (15) days from the date of mailing the notice of termination.
3-5-110 Failure to pay – Disconnection.

Prior to the actual termination of water or sewer service, the City must provide twenty-four (24) hours’ notice of the actual termination to the delinquent customer. This notice shall be provided by telephone or personal contact, or, if such telephone or personal contact cannot be made, the City shall provide forty-eight (48) hours’ notice of the actual termination by mail or by posting the notice on a conspicuous location on the premises. The City shall not terminate water or sewer services by reason of delinquent payment on any Saturday, Sunday, legal holiday or at any time during which the business offices of the City are not open to the public. Prior to actually disconnecting water or sewer service or discontinuing garbage service, the City shall ensure that payment in full has not been made. If payment in full has not been made, including all administrative fees and collection charges, then the service may be disconnected or discontinued by the City pursuant to this Chapter.
3-5-115 Reconnection fee.

After service has been disconnected or discontinued pursuant to this Chapter, it shall not again be connected or recommenced until the entire balance of the delinquent account has been paid and an additional reconnection fee has been paid to the City. The amount of the reconnection fee shall be set by resolution by the City Council.
3-5-120 Illegal reconnection.

Any person, except a City employee, who reconnects water or sewer service after it has been disconnected pursuant to this Chapter, or who draws water from a water meter without first applying to the City for water service, is guilty of a misdemeanor as provided for in Section 625 of the California Penal Code.
3-5-125 Partial payments.

Partial payments may be made only on current charges when payment is made prior to the delinquency date. If there is a past due balance on a water or sewer charge, then no partial payment may be made and the delinquent provisions of this Chapter shall apply. 3-5-130 Collection by occupant.

The occupant of any premises shall be primarily liable and responsible for the payment of water and sewer service charges. In the event service charges are not paid by the occupant prior to delinquency, the owner of the premises shall become liable and responsible for the payment of same.
3-5-135 Returned checks.

In the event a personal check offered by a customer in payment for water or sewer services is returned without payment, the City may impose a reasonable charge upon said customer to recover the City’s processing and collection costs. Said charge shall include any charge the City is assessed by a financial institution by reason of the returned check. In addition, in regard to a bill 8/15/24, 10:00 AM Print Preview
https://www.codepublishing.com/CA/SanJuanBautista/cgi/menuCompile.pl 3/3 upon which a customer’s check is returned without payment, the City may require such a customer to pay said bill in cash or cashier’s check.
3-5-140 Repealed.
3-5-145 Failure to pay for garbage service – Disconnection.

If the City’s refuse, recycling, and yard waste services franchisee submits evidence that a customer has not paid for the franchisee’s services for at least ninety (90) calendar days, and the franchisee requests that the City disconnect the customer’s water service, the City may disconnect that customer’s water service after complying with the requirements of SJBMC 3-5-110. 3-5-150 Sewer rates.

Subject to the notice, protest and hearing requirements of Article XIII D, Section 6 of the California Constitution, the City Council may adopt and revise sewer rates by ordinance or resolution. 3-5-155 Water rates.

Subject to the notice, protest and hearing requirements of Article XIII D, Section 6 of the California Constitution, the City Council may adopt and revise water rates by ordinance or resolution. 3-5-160 CPI adjustment.

Beginning on July 1, 2020, the base rates and the per-gallon discharge and usage rates established by SJBMC 3-5-150 and 3-5-155 shall be adjusted annually by an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose metropolitan area, as published by the U.S. Department of Labor, Bureau of Statistics. This adjustment shall be applied to the first billing cycle occurring after July 1st of each year.
3-5-165 Failure to pay water charges – Lien.

The City may collect delinquent charges by recording a lien against the lot or parcel of land for which the water service was provided. To establish such a lien, the City must:
(A) Notify the assessee shown on the latest equalized assessment roll whenever unpaid charges for water or sewer services remain delinquent and unpaid for sixty (60) days; and (B) Record a certificate specifying the amount of the unpaid charges with the County Recorder.

When so recorded, the lien shall have the force, effect and priority of a judgment lien and continue for three (3) years from the time of recording unless sooner released or otherwise discharged.

Legislative History: Ords. 117 (11/10/61), 167 (10/8/74), 167.1 (11/1/77), 194 (no date), 93-6, (7/20/93), 2003- 06 (12/16/03), 2005-02 (7/19/05), 2006-15 (9/19/06), 2007-11 (3/20/07), 2007-20 (11/20/07), 2013-01 (2/19/13), 2015-20 (9/15/15), 2018-02 (3/20/18), 2021-05 (12/21/21), 2022-03 (9/20/22).

DATE:    November 24, 2021
TO:      Don Reynolds, City Manager, City of San Juan Bautista FROM:    Erik Helgeson, Senior Project Manager
SUBJECT:    Revised Rate Tables Reflecting Updated Capital Costs

MEMORANDUM

INTRODUCTION/BACKGROUND
Bartle Wells Associated developed a wastewater rate study for the City of San Juan Bautista (City) which was presented to the City Council on October 19, 2021. At that meeting the City Council authorized City staff to mail 218 notices with the rates recommended in the rate study. The primary driver for the recommended rate increases was the project to connect the San Juan Bautista collection system to the Hollister treatment plant (Project). After the October 19th meeting the estimated project cost was revised from $12.66 million to $18.17 million. The following memo and attached tables are updated to demonstrate that the rates presented on October 19th are sufficient to support the updated project cost.

UPDATED MODEL ASSUMPTIONS
The assumptions in the rate model were conservative in order to ensure sufficient revenues. The following assumptions were updated for this analysis.

Growth
The rate study did not assume any growth to be conservative. However, the master plan assumed a

1.9% annual growth rate. BWA updated the cashflow to reflect a 1% annual growth rate in rate revenue and connection fees.

Financing
The rate study made financing assumptions based on a traditional bond to be conservative. However, the financing the City will likely receive will be from either SRF or USDA. The attached tables reflect SRF financing.

Expenses
BWA reviewed the expense assumptions with City staff and updated the projected expense reductions after the treatment services are transferred to the City of Hollister.

Inflation
BWA revised the inflation assumptions after FY 2022/23 down from 3.5% to 3%. 2625 Alcatraz Ave, #602
Berkeley, CA 94705
Tel 510 653 3399
www.bartlewells.com
Grant Funding
The rate study assumed the City will receive $6 million in financing. BWA reviewed all of the likely grant sources with City staff and $6.3 million seems likely.

CONCLUSION
While the cost of the Project has significantly increased, with reasonable updates to the rate study assumptions the rates will still support the Project.

Attachment: Revised Rate Study Tables
Draft Sewer Rate Study
Revised Project Cost Assumptions
12/01/21

BARTLE WELLS ASSOCIATES
Independent Public Finance Advisors
Table A
City of San Juan Bautista
Recommended Sewer Rates
Sewer Rate Study - Revised Project Cost Assumptions
Proposed Rates FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Existing Proposed Proposed Proposed Proposed Proposed
Residential Sewer Rates
Monthly Fixed Rate $83.61 $95.62 $109.01 $124.27 $141.67 $148.75 Commercial Sewer Rates
Min. Monthly Base Charge $84.03 $95.62 $109.01 $124.27 $141.67 $148.75 Volumetric Rates
Standard Strength $/1,000 gal $9.10 $14.51 $16.54 $18.86 $21.50 $22.57 Moderate Strength $/1000 gal $13.35 $14.51 $16.54 $18.86 $21.50 $22.57 High Strength $/1,000 gal $18.18 $14.51 $16.54 $18.86 $21.50 $22.57 Table 1
City of San Juan Bautista
Projected Operating Expenses
Sewer Rate Study - Revised Project Cost Assumptions
Cost Escalation FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 General Inflation Factor 3.5% 3.5% 3.0% 3.0% 3.0%
Expenses1
FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Actual Actual Budgeted Projected Projected Projected Projected 502.000 · Salaries and Wages - FT $138,857 $119,209 $113,132 $117,092 $120,604 $124,222 $127,949 504.000 · Salaries and Wages - OT $0 $0 $0 $0 $0
508.000 · FICA $9,340 $9,028 $9,786 $10,129 $10,432 $10,745 $11,068 510.000 · Worker's Comp $4,940 $5,623 $5,193 $5,375 $5,536 $5,702 $5,873 514.000 · Health Insurance $25,683 $18,821 $22,724 $23,519 $24,225 $24,952 $25,700 518.000 · 457k Retirement Contribution $757 $754 $1,762 $1,824 $1,878 $1,935 $1,993 522.000 · Uniforms & Alterations $191 $233 $500 $518 $533 $549 $565 524.000 · Phys., Drug & Psych Testing $0 $15 $100 $104 $107 $110 $113 526.000 · Education and Training $412 $875 $1,000 $1,035 $1,066 $1,098 $1,131 528.000 · Travel/Per Diem/Car Allowance $35 $500 $518 $533 $549 $565 550.000 · Office Supplies $2,968 $1,544 $2,000 $2,070 $2,132 $2,196 $2,262 558.000 · Printing and Copies $334 $135 $100 $104 $107 $110 $113 548.000 · Advertising $0 $200 $207 $213 $220 $226
562.000 · Food and Beverages $161 $295 $500 $518 $533 $549 $565 516.000 · Insurance - Liab/Bond/Auto/Prop $11,218 $13,237 $14,500 $15,008 $15,458 $15,921 $16,399 544.000 · Computer Software Service $1,514 $513 $500 $518 $533 $549 $565 545.000 · Computer Hardware Service $146 $286 $500 $518 $533 $549 $565 530.000 · Dues and Subscriptions $519 $0 $750 $776 $800 $824 $848 634.000 · Copier Services & Lease $1,270 $1,416 $1,750 $1,811 $1,866 $1,922 $1,979 638.000 · Bank Charges/PR Processing $2,250 $2,250 $4,000 $4,140 $4,264 $4,392 $4,524 551.000 · Postage and Freight $2,780 $3,089 $2,700 $2,795 $2,878 $2,965 $3,054 600.000 · Operational Contracts2 $114,164 $122,824 $135,000 $139,725 $69,863 $0 602.000 · Legal $7,620 $5,000 $5,175 $5,330 $5,490 $5,655 604.000 · Engineering $0 $9,289 $7,530 $7,794 $8,027 $8,268 $8,516 612.002 · Security $1,871 $2,412 $2,800 $2,898 $2,985 $3,074 $3,167 612.006 · Web maintenance $967 $0 $0 $0 $0
624.000 · Janitorial $182 $275 $285 $293 $302 $311
654.000 · Chemical Testing2 $21,014 $71,922 $65,000 $67,275 $33,638 $10,000 $10,300 640.000 · Telecomm $2,089 $2,172 $2,500 $2,588 $2,665 $2,745 $2,827 642.000 · Electricity $64,031 $71,452 $83,000 $85,905 $88,482 $68,352 $70,403 656.000 · Licenses and Permits $5,197 $5,659 $6,000 $6,210 $6,396 $6,588 $6,786 531.000 · Bad debt $0 $8,000 $4,000 $4,000 $4,000 $4,000 712.000 · Materials $84 $0 $1,000 $1,035 $1,066 $1,098 $1,131 532.01 · Equipment Rental $0 $0 $1,500 $1,553 $1,599 $1,647 $1,696 701.000 · Small Tools $602 $724 $1,500 $1,553 $1,599 $1,647 $1,696 702.000 · Safety Gear & First Aid $0 $1,500 $1,553 $1,599 $1,647 $1,696 554.000 · Gasoline & Diesel Fuel $3,297 $2,320 $4,000 $4,140 $4,264 $4,392 $4,524 552.000 · Chemical and Gasses $3,759 $8,053 $4,500 $4,658 $4,797 $988 $1,018 716.000 · Parts - City Rep. Vehicles $457 $542 $1,000 $1,035 $1,066 $1,098 $1,131 718.000 · Parts - City Rep. Equipment $3,850 $2,293 $4,000 $4,140 $4,264 $4,392 $4,524 720.000 · Parts - City Rep. Water $2 $45 $0 $0 $0 $0
722.000 · Parts - City Rep. Sewer $5,335 $7,066 $8,000 $8,280 $8,528 $8,784 $9,048 765.000 · Sludge Removal $9,107 $0 $0 $0 $0
764.001 · Sewer Maint. Outside $561 $17,670 $2,000 $2,070 $2,132 $2,196 $2,262 751.001 · Maint. & Repair Wells $9 $0 $0 $0 $0 $0
752.000 · Vehicle Maint. - Outside $0 $52 $0 $0 $0 $0
754.000 · Equipment Maint. - Outside $4,872 $9,145 $7,500 $7,763 $7,995 $8,235 $8,482 762.000 · Streets Maint. & Paving $31 $1,000 $1,035 $1,066 $1,098 $1,131 766.000 · Sewer Maint. - Plant $1,451 $12,965 $2,500 $2,588 $2,665 $0 Transfer G&A Expenses $69,952 $36,497 $36,496 $36,496 $36,496 $36,496 $36,496 __________ __________ __________ __________ __________ __________ __________ Total Operating Expenses $515,110 $569,194 $573,798 $588,324 $495,048 $382,598 $392,861 % Change from Previous Year 41.4% -37.6% 11.4% 3.4% -13.7% -35.0% -20.6% 1 Based on SJB budget
2 Expenses reduced as waste is sent to Hollister for treatment Table 2
City of San Juan Bautista
Projected Operating Revenues
Sewer Rate Study - Revised Project Cost Assumptions
Cost Escalation Inflation 2020 2021 2022 2023 2024 2025 2026 General Inflation Factor General 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% No Escalation None 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Demand Growth Demand 1.0% 1.0% 1.0% 1.0%
Revenue FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Actual Actual Projected Projected Projected Projected Projected 486.000 · Utility Fees Commercial $185,201 $291,929
485.000 · Utility Fees Residential $819,653 $819,653
Rate Revenue Demand $1,004,854 $1,111,582 $1,111,582 $1,279,876 $1,473,649 $1,696,759 $1,953,649 Additional Rate Revenue1,2 $0 $0 $155,622 $179,183 $206,311 $237,546 $97,682 Other Revenue
490.000 · Misc. Revenue None
459.000 · Remib. - Proj/Dev. Costs None
484.000 · Interest and Penalties None $18,371 $20,000 $12,671 $15,872 $22,002 $28,217 $30,012 480.003 · Reimbursed City expense None __________ __________ __________ __________ __________ __________ __________ Total Other Revenue $18,371 $20,000 $12,671 $15,872 $22,002 $28,217 $30,012 __________ __________ __________ __________ __________ __________ __________ Total Operating Revenue $1,023,225 $1,131,582 $1,279,875 $1,474,931 $1,701,962 $1,962,522 $2,081,343 % Change from Previous Year 9.7% 10.6% 13.1% 15.2% 15.4% 15.3% 6.1% 1 Additional revenue based on recommended increase
2 Additional adjusted if adopted mid-fiscal year
Table 3
City of San Juan Bautista
Existing and Proposed Debt
Sewer Rate Study - Revised Project Cost Assumptions
Description FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Budget Projected Projected Projected Projected Projected Existing Debt
2015 Enterprise Revenue Bonds $298,637 $298,097 $299,582 $298,435 $298,435 $298,435 2016 General Fund Advance 36,496 36,496 36,496 36,496 36,496 36,496 Total Current Debt Service $335,133 $334,593 $336,078 $334,931 $334,931 $334,931 Proposed Borrowing
Net Proceeds Needed $11,866,200
Repayment Term (yrs) 30
Interest Rate 1.20%
Month of Issue 1
Issuance Cost $100,000
Debt Service Reserve
Total Debt Issue Size $11,966,200
Annual Debt Service Payment (rounded) $477,000
Total Proposed Annual Water Debt $0 $0 $0 $0 $477,000 $477,000 Table 4
City of San Juan Bautista
Capital Improvement Costs
Sewer Rate Study - Revised Project Cost Assumptions
Project Description FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Projected Projected Projected Projected Projected
CIP (Current Dollars)
Fines RWQCB $36,000
Capital Purchases/Improvements
San Juan Canyon Rd
Monterey & Alameda State HWY
Lift Station Replacement (SJB WWTP)
San Juan Bautista to Hollister $15,619,000
Rancho Vista Lift Station
Hollister Connection Fee (No Inflation) $2,547,200
Collection System Upgrades and Replacement
Total CIP (Current Dollars) $36,000 $15,619,000 $2,547,200 $0 $0 Table 5
City of San Juan Bautista
Cash Flow Projections
Sewer Rate Study - Revised Project Cost Assumptions
Operating Cashflow FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Reserves
Total Reserve Balance $1,066,884 $1,267,111 $1,587,222 $2,200,188 $2,821,685 $3,001,235 Revenue Escalation
Rate Revenue Increase 14.0% 14.0% 14.0% 14.0% 5.0%
Revenues
Rate Revenue $1,111,582 $1,111,582 $1,279,876 $1,473,649 $1,696,759 $1,953,649 Rate Increase Revenue 0 155,622 179,183 206,311 237,546 97,682 Rate Increase Timing Adjustment -77,811
Other Revenue 20,000 12,671 15,872 22,002 28,217 30,012 Connection Fee Revenue $12,488 $62,438 $62,438 $62,438 $62,438 $62,438 ________ ________ ________ ________ ________ ________ Total Revenue $1,144,070 $1,264,502 $1,537,369 $1,764,400 $2,024,961 $2,143,782 Expenses
Operating Expenses $569,194 $573,798 $588,324 $495,048 $382,598 $392,861 Hollister Charges* 0 0 0 312,924 650,882 676,918
Existing Debt Service 335,133 334,593 336,078 334,931 334,931 334,931 New Debt Service 0 0 0 0 477,000 477,000
Rate Funded Capital $39,516 $36,000 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Total Expenses $943,843 $944,391 $924,402 $1,142,903 $1,845,411 $1,881,709 Net Revenues $200,227 $320,111 $612,967 $621,497 $179,550 $262,072 Ending Unrestricted Balance $1,267,111 $1,587,222 $2,200,188 $2,821,685 $3,001,235 $3,263,308 Debt Coverage (Target 1.25) 1.72 2.06 2.82 2.86 1.22 1.32 *Hollister charges may change if Hollister performs a new wastewater rate study Capital Funding FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Capital Revenues
Use of Debt Proceeds $10,619,000 $1,247,200
Grant Revenue $0 $0 $5,000,000 $1,300,000
Rate Funded Capital $39,516 $36,000 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Total Capital Funding $39,516 $36,000 $15,619,000 $2,547,200 $0 $0 Total Capital Expenditures $39,516 $36,000 $15,619,000 $2,547,200 $0 $0 Table 6
City of San Juan Bautista
Sewer Flow Estimate
Sewer Rate Study - Revised Project Cost Assumptions
Estimated Sewer Flow Units Units Unit of Measure
Estimated City Population 2,151.00 #
Residential Units 815.00 #
Occupancy 2.64 #
Indoor Water Use per Resident (Sewer Flow) 55.00 Gallons per Day (GPD) Annual Sewer Flow per Residential Unit 52,983.22 Gallons Annual Sewer Flow per Residential Unit 52.98 1,000 Gallons Annual Residential Sewer Flow 43,181.33 1,000 Gallons
FY 2020-21 Commercial Sewer Flow 22,884.99 1,000 Gallons Total Annual Sewer Flow Estimate 66,066.32 1,000 Gallons Table 7
City of San Juan Bautista
Sewer Rate Derivation
Sewer Rate Study - Revised Project Cost Assumptions
Fixed Charge Calculation Units
Sewer Billed
Use1
Return
Factor2
Estimated
Sewer Flow
Sewer Cost
Allocation
Revenue
Requirement
Residential 815 43,181.33 1 43,181.33 73.80% $935,148
Commercial 77 22,884.99 0.67 15,332.95 26.20% $332,055
Total 892 66,066.32 58,514.27 $1,267,204
2: Commercial return factor based on annual winter use as a percent of total water demand

15.49 77.43
Commercial Volumetric
Rate Derivation Units Unit of Measure
Total Sewer Flow 22,884.99 1,000 Gallons
Revenue Requirement $332,055.16 $
Sewer Volumetric Unit Rate $14.51 $ per 1,000 gallons
Residential Fixed
Rate Derivation Units Unit of Measure
Residential Units 815.00 Unit
Revenue Requirement $935,148.50 $
Total Monthly Fixed Charge $95.62 $ per Unit per Month
1: Residential billed use based on estimated indoor consumption and Commercial billed use is based on metered water use