These pages are a hard copy of an Excel workbook that the Agency on Aging e-mails to each contracting organization. The workbook contains four separate worksheets, one for each page of the budget.
The following rules apply to all budget pages.
• Please prepare a single budget for the entire 12-month funding period. (Please note that the maximum amount of grant funding that can be disbursed will be limited to the amounts and periods shown on page 1 of the contract.)
• Please use the Excel workbook and prepare the budget worksheets in sequence so that formulas (cells in shaded areas) calculate across work.
• If your organization does not have access to Excel, p lease type all entries. Handwritten budgets are not acceptable.
• If using Excel, p lease do not make any entries in shaded areas of the budget forms , as they contain formulas.
• Please do not change pre-printed line-item descriptions. • The following heading must appear on all budget pages:
o Contracting Agency: The legal name of the contracting agency. o Contract No.: Enter the contract number shown on page 1 of this contract. o Program: Funding Source (i.e., Title III C1) and Contracted Program (i.e., Nutrition Site Management) shown on page 1 of this contract.
o Revision No.: If providing a revision to a previously approved budget, please enter the revision number.
BUDGET
175
Exhibit B Instructions Page 2 of 10 FY 2024-2025
Definitions:
In-Kind consists of services and/or supplies provided free of charge to your organization from an outside source.
Matching Funds (cost-sharing) means the value of third -party in -kind contributions and that portion of the of a grant -supported project or program no t borne by the federal government. 1 Neither costs nor the values of third -party in-kind contributions may count towards satisfying a cost-sharing or matching requirement of a U.S. Department of Health and Human Services grant if they have been or will be counted towards satisfying a cost-sharing or matching requirement of another federal grant, a federal procurement contract, or any other award of federal funds. 2 In other words, matching funds are your share of the program costs plus any in-kind program costs that are not otherwise dedicated to another federal funding source.
Program income cannot be used to meet matching requirements . Program income can only be used to fund the expenses for the respective program for which the program income was received and must be spent before grant funds. Program income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned.
Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno- Madera Area Agency on Aging for Title III B Supportive Services, Title III B (Ombudsman), Title III C1 Congregate Nutrition, and Title III C2 Home-Delivered Nutrition programs are determined as follows: 10 percent of the sum of the grant award plus the minimum matching contributions. This can be quickly computed by dividing the grant amount by nine (9).
Any funds used for the contracted program that meet the definition of “matching funds” should be entered in budget fields that require entry of matching funds.
Non-Matching funds are other federal awards and/or cash or in-kind costs used to match other federal awards.
Deferred Program Income is unspent program income from the prior year contract that have been approved by the FMAAA to be carried forward to the current year contract. A letter must be on file with the FMAAA detailing the program income and requesting approval to carry them forward to the new contract.
Indirect costs are those: a) incurred for a common or joint purpose benefiting more than one cost objective; and b) not readily assignable as a direct cost, without effort disproportionate to the results achieved. To facilitate equitable distribution of ind irect expenses to the cost objectives served, it may be necessary to establish a number of pools of indirect costs within a governmental unit department or in other agencies providing services to a governmental unit department.
Indirect cost pools should b e distributed to benefited cost objectives on bases that will produce an equitable result in consideration of relative benefits derived.
If your organization has a federally approved Cost Allocation Plan, attach a copy of the plan to the budget. If your organization is charging the contracted program indirect costs based on an internal cost allocation plan (a plan other than a federally approved Cost Allocation Plan), provide a full disclosure of the method used that includes a listing of the types of ser vices/supplies included in the cost allocation plan. This plan must have the prior approval from the FMAAA before being used.
Personnel Costs- Annual full-time effort (FTE) wage rates and personnel classifications together with the percentage of time to be charged, specified for each fund source. 2 CFR 200.430 must
1 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.51. 2 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.53.
176
Exhibit B Instructions Page 3 of 10 FY 2024-2025
be followed for rules regarding allowability of personnel costs. Specific emphasis of section (i) of 2 CFR 200.430:
i. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must:
1. Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated;
2. Be incorporated into the official records of the non-federal entity;
3. Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities;
4. Support the distribution of the employee’s salary among specific activities or cost objectives if the employee works on more than one Federal award; a Federal award and non -Federal award, an indirect cost activity and a direct cost activity; two or more indirect activities which are allocated using different allocations bases; or an unallowable activity and a direct or indirect cost activity.
5. Budget estimates (i.e. estimates determined before the services are performed) alone do not qualify as support for changes to Federal awards. ii. Salaries and wages of employees used in meeting cost sharing or matching requirements on Federal award must be supported in the same manner as salaries and wages claimed for reimbursement from Federal awards.
177
Exhibit B Instructions Page 4 of 10 FY 2024-2025
Personnel Budget Detail (Budget Page 1 of 4)
Column
Label
Column
Title Instructions
A Position
Title
List all paid positions for the contracted program. These positions must agree with those listed under Staffing on page 4 of Exhibit E, Program Narrative. Use additional copies of page 1 if more than 10 positions. If there are multiple positions with the same title, list them separately and enter a distinguishing description, such as Driver-Route 1; Driver- Route 2, etc. Do not enter names of any of the individuals filling the positions.
B FTE % (40
Hrs=100%)
Full Time Equivalency (FTE) is a percentage of time each position works per week for your organization in total, based on a 40-hour work week (full time); if the individual works 40 hours per week, the FTE % is 100%. If a position works 25 hours per week, the FTE is 62.5% (25 hours divided by 40 hours).
C Full Annual
Salary
Full Annual Salary is the total salary your organization plans to pay this position for all work performed during the contract period. The Total Payroll Taxes (FICA, SUI, FUTA) and Total Benefits (including Workers’ Compensation Insurance)
should only be listed at the bottom of Columns E through Column I (see page 5 of Instructions, Total Payroll Taxes and Total Benefits).
D % of Time
on
Program
This is the percentage of time this position will work on the contracted program. For example, if a full-time position spends 10 hours per week on the contracted program, the percentage of time on program would be 25% (10 hours
divided by 40 hours). If a position works 25 hours per week, and 10 hours of this week is spent on the contracted
program, the percentage of time on program would be 40% (10 hours divided by 25 hours).
Note: Current 2 CFR 225 guidelines state that an organization receiving federal funds may budget by estimated percentage; however, the organization must keep adequate records
indicating the actual time worked and reconcile cost
allocations for personnel to actual time worked periodically during t he grant period. This can be achieved by funding positions across differing cost objectives and keeping time logs. Time logs must be certified by the employee and at least one supervisor, and must be available during a fiscal
monitoring.
178
Exhibit B Instructions Page 5 of 10 FY 2024-2025
Personnel Budget Detail (Budget Page 1 of 4) - Continued
Column
Label
Column
Title Instructions
E FMAAA
Grant
For each position listed, enter the amount of the grant for the contracted program that will be allocated for each
position.
F DO NOT
USE
DO NOT USE - FOR FUTURE USE
G Program
Income
Enter any Program Income that will be applied to listed positions. Must be reported and expended under the same terms and conditions as the program funds from which it is generated.
H Matching
Funds
Enter any matching funds that will be applied to listed positions.
I Non-
Matching
Funds
Enter any non-matching funds that will be applied for listed positions.
J Total
Personnel
Costs
Total of Columns E through I for each position listed; the result should equal Column C (Full Annual Salary)
multiplied by Column D (% of Time on Program).
179
Exhibit B Instructions Page 6 of 10 FY 2024-2025
Personnel Budget Detail (Budget Page 1 of 4) - Continued
Row Label Instructions
Total Salaries Total of each column, Columns E through I. The total of all entries on this row is calculated for Column J.
Total Payroll
Taxes
Enter the total payroll taxes that are a cost of the contractor (FICA, SUI, FUTA) for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.
Total Benefits Enter the total benefits costs that are a cost of the contractor, including retirement and Workers’ Compensation insurance, for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.
Total Personnel
Costs
The amounts of the rows Total Salaries, Total Payroll Taxes, and Total Benefits are combined for this row. The total of all entries in the Total Personnel Costs row is calculated for Column J.
In-Kind Personnel Costs
Description of Work Performed Enter type(s) of work to be conducted by volunteers in support of the contracted program,
i.e., “Assist with serving meals.”
Number of Volunteers Enter the number of volunteers that will conduct the type of work listed.
Hours per Volunteer Number of hours each volunteer performing the work described in the Description of Work
Performed is expected to work during the
contract period.
Total Annual Hours The number of volunteers multiplied by the hours per volunteer.
Rate per Hour Indicate the rate per hour the volunteer would have been paid if this had been a paid position.
The rate should be reasonable, determined by
the prevailing rate per hour for the position in the
service area.
Total In-Kind The Total Annual Hours multiplied by the Rate per Hour. The grand total of this column is
carried forward to Page 2 of the budget (Line 1,
Column G).
180
Exhibit B Instructions Page 7 of 10 FY 2024-2025
Program Budget By Income Source (Budget Page 2 of 4)
General Instructions:
For Categories 1 through 7, enter the costs that are directly incurred by the contracted program.
Allocate the cost for each line item in Categories 1 through 7 to the appropriate column that indicates the revenue source that is expected to fund the cost.
Costs placed in Column G, In-Kind Match, consists of services and/or supplies provided free of charge to your organization from an outside source (see instructions, page 2, In- Kind).
Row
Label Row Title Instructions
1.a – 1.c Salaries & Benefits Entries carry over from page 1 (Total Salaries, Total Payroll Taxes, and Total Benefits for each
revenue source and Total In-Kind).
2.a Staff Travel Estimate the total number of miles to be reimbursed to personnel for the contracted
program. Multiply this by your organization’s
approved reimbursement rate per mile. Include
any other costs for lodging, parking, meals, etc.
2.b Volunteer Travel Estimate the total number of miles that will be reimbursed to volunteers for the contracted
program. Multiply this by your organization’s
approved reimbursement rate per mile. Include
any other costs for lodging, parking, meals, etc.
2.c Training Calculate the cost for any training seminars, conference fees, and staff development costs
expected to be incurred for the contracted
program during the contract period.
3 Equipment
Purchase
Enter the approximate cost of any equipment,
including any networkable equipment, needed for
the contracted program during the contract period.
Any single or individual item with a cost in excess
of $500, including sales tax, delivery, and
installation or any computing devices regardless
of cost, will need to be listed on Budget Pg 4 –
Schedule of Program/Site Supplies and
Equipment Purchases. Any equipment purchase
request for the contracted program must be
approved by FMAAA and, if applicable, the State
of California. In accordance with federal
purchasing rules, FMAAA recommends that
contractors obtain three quotes for each piece of
equipment purchased that is expected to cost in
excess of $500.
181
Exhibit B Instructions Page 8 of 10 FY 2024-2025
Program Budget By Income Source (Budget Page 2 of 4) - Continued
Row
Label Row Title Instructions
4 Consultants Enter the cost of professional and consultant services to be rendered by persons or
organizations that are members of a particular
profession or possess a special skill, i.e., legal,
audit, etc.
5 DO NOT USE DO NOT USE - FOR FUTURE USE ONLY
6 Program/Site
Supplies
This cost category includes small cost items
necessary to operate the program, and does not
include office supplies. Examples for nutrition
providers: Small kitchen utensils, napkins;
condiments for nutrition providers. Example for
medication management providers: Pill boxes.
Any single or individual item with a cost in excess
of $100 will need to be listed on Budget Pg 4 –
Schedule of Program/Site Supplies and
Equipment Purchases.
7.a-7.m Other Costs These line items include any other “direct” costs attributable to the program. Facilities, operating
expenses, and other ordinary and necessary
costs specified for each funding source.
7.n-7.o Other Costs Check with the FMAAA before making entries.
These line items are typically used for costs not
listed in lines 7.a.-7.m, such as Expendable
Equipment. If lines 7.n-7.o are used, enter a
description of the costs in the Category column.
8 Indirect Costs Enter any indirect costs, and attach a narrative (see page 2 of Instructions, Indirect Costs.)
--- Total Costs The sum of Total Direct Costs and Total Costs.
182
Exhibit B Instructions Page 9 of 10 FY 2024-2025
Schedule of Funding Sources (Budget Page 3 of 4)
Row
Label Row Title Instructions
1 FMAAA Grant The total amount of the FMAAA grant
award for the contracted program from
page 1 of the contract. This should also
equal the Total Costs for Column A from
page 2 of the budget form.
2 DO NOT USE
DO NOT USE – FOR FUTURE USE
ONLY
3 Program Income:
Current Year Program
Income
Enter Program Income that are expected
to be received during the current year.
3 Program Income:
Deferred Program Income
Enter any Program Income that the
FMAAA has approved for deferral (see
page 2 of instructions, Deferred Program
Income).
4.a - 4.d Matching Funds - Cash and
In-Kind (List Source)
See page 2 of instructions, Matching
Funds and In-Kind. List all sources
separately, i.e., City/County General
Funds, United Way, etc., in appropriate
column (Cash or In-Kind). If the funding is
from a source of mixed funds (e.g.
combination of both Federal and State
funds), please verify that no Federal funds
are being used. Any amounts shown in
column C (In-Kind) that are not for
volunteer services must have a full
description of the formula used to
calculate the amount.
5.a – 5.d Non-Matching Funds
[Federal Funds/Other
Program Match] – (List
Source)
List all Non-Matching fund sources
separately (see page 2 of instructions,
Non-Matching Funds).
6 Total Costs Totals for Column B, Cash, and Column
C, In-Kind.
-- Total from Exhibit B, Page
2, Columns F and G
Total of Column B, Cash, must agree with
the Total of Column F on page 2 of the
budget. Total of Column C, In-Kind, must
agree with the Total of Column G on Page
2 of the budget.
183
Exhibit B Instructions Page 10 of 10 FY 2024-2025
Schedule of Program Supplies and Equipment Purchases (Budget Page 4 of 4)
Row
Label Row Title Instructions
1 Purchases for Program/Site
Supplies exceeding $100
per Individual or Single
item.
List any single or individual item that
intends to be purchased with a cost in
excess of $100 including any appropriate
sales tax, shipping and installation costs,
etc. Total amount should not exceed the
budgeted amount(s) on Budget Pg 2 –
Line 6 Program/Site Supplies.
2 Purchases for Equipment
Purchase exceeding $500
per Individual or Single
item.
List any single or individual item that
intends to be purchased with a cost in
excess of $500 including any appropriate
sales tax, shipping and installation costs,
etc. as well as any computing devices
regardless of cost. Total amount must
equal the budgeted amount(s) on Budget
Pg 2 – Line 3 Equipment Purchase. Any
equipment purchase request for the
contracted program must be approved by
FMAAA and, if applicable, the State of
California.
184
185
186
187
188
Exh ibit C FY 2024-2025Area Plan Elderly Nutrition
Program Site Management
EXHIBIT C
PROGRAM: Elderly Nutrition Program Site Management
SERVICE PROVIDER:
CONTRACT NUMBER:
SITE:
CONTRACT EFFECTIVE:
Date of FMAAA Executive Director Signature on Page
2 to June 30, 2025
GOAL: The goal of the Elderly Nutrition Program is to reduce hunger and food insecurity; promote health and well-being; promote socialization; and delay adverse health conditions of older individuals.
DEFINITION: Site Management is defined as 1) oversight and responsibility for the day- to-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.
Meals are subject to allocation and reallocation at any time by the Agency on Aging based upon available funding and nutrition program participation. When allocations are imposed, any meals allocated but not served revert to the Agency on Aging for reallocation.
ANNUAL SUMMARY OF ACTIVITIES
City of Sanger
25-0191
Sanger Senior Center
189
Area Plan Program Cost Efficiency Exhibit D FY 2024-2025
EXHIBIT D
PROGRAM COST EFFICIENCY
Not Applicable –
Elderly Nutrition Program
Site Management
190
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 1 FY 2024-2025Area Plan Nutrition Site Management
1. AGENCY’S HISTORY OF SERVICE TO OLDER ADULTS
List programs/services your organization provides for older adults, and the number of years your organization has provided the program/service.
Program/Service # of
Years
2. SERVI
CE AREA
Wh
ere will the contracted program be provided?
Street Address City Zip Code
Organization Name Year
Established
Type of Organization (Check One)
City Government Non-P rofit 501(c)(3)
County Government For-P rofit
Joint Powers Authority (JPA) Other: ____________________ 191
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 2 FY 2024-2025Area Plan Nutrition Site Management
3. LANGUAGE TRANSLATION NEEDS & PROVISIONS
Enter an “X” in the boxes below to indicate who
speaks the language listed to the left.
Program
Participants
Program
Staff
Program
Volunteers
English
Spanish
Hmong
Arabic
Armenian
Cantonese
Farsi (Persian)
Filipino (Pilipino/Tagalog)
Hindi
Japanese
Khmer (Cambodian)
Khmu
Korean
Lao
Mandarin (Putonghua)
Mien (Yao)
Mixteco
Portuguese
Punjabi
Russian
Thai
Ukrainian
Urdu
Vietnamese
Other:_________________
192
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 3 FY 2024-2025Area Plan Nutrition Site Management What resources does your organization use, or have available to use, when interpretation is needed for a program participant?
How does your organization provide the contracted service to individuals who speak a language that is not spoken by program staff or volunteers?
4. CONF
IDENTIALITY PROCEDURES
How does your organization protect the confidentiality of the program participant during verbal discussions? (For example, asking the program participant for their date of birth, phone number, and any other information that identifies the individual and is needed to complete the client intake form) How does your organization protect confidential information obtained from program participants, such as client intake forms, from disclosure? 193
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 4 FY 2024-2025Area Plan Nutrition Site Management Contracted Program: Title III C Nutrition Site Management
5. PR
OGRAM DESCRIPTION
Provide a brief description of how your organization provides the contracted program.
What was the primary accomplishment achieved by the contracted program in the most recent year services were provided?
Please describe another accomplishment achieved by the contracted program in the most recent year services were provided.
6. CA
SE STUDY
Briefly describe how the contracted program successfully met the needs of a program participant in the most recent year services were provided. Do not use real names.
194
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 5 FY 2024-2025Area Plan Nutrition Site Management
7. STAFFING
Pl
ease provide the names and titles of all staff listed in the Personnel section of the contract budget (Exhibit B).
Nam
e Title
*Pl
ease provide the name and contact information for the person who has primary, hands-on involvement and oversight of the day -to-day operations of the contracted program.
Name Title
Telephone Number E-mail Address
*Attach the following documents to the “Documents R equired to Execute Contract” checklist:
The job description for this position;
The resume for the person occupying this position.
195
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 6 FY 2024-2025Area Plan Nutrition Site Management
8. SERVICE PROVIDER TIME FRAME
Wha
t days and hours will the Nutrition Site Management program be available? (Please note that these are not necessarily the same hours your organization/facility is open.)
Location Days Open Start Time Close Time
Mon
th Enter Dates of Holidays
& Other Planned Closures
Total Days Service
to be Provided
Total Days of Contracted Service to
be Provided under this Agreement:
196
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 7 FY 2024-2025Area Plan Nutrition Site Management
9. PROGRAM EVALUATION/IMPROVEMENT
In reviewing the performance during the most recent year services were provided, identify areas that your organization could focus on for improvement of the contracted program.
How would participants of the contracted program benefit from these improvements? Describe the specific steps your organization will take to make these improvements during the current funding period.
Describe how you will know if your improvement efforts are successful, and how you will measure your achievements.
197
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 8 FY 2024-2025Area Plan Nutrition Site Management
10. OUTREACH ACTIVITIES/TARGETING PLAN (22 CCR § 7310, WIC § 9103) How does your organization reach older adults in greatest economic need (income level at or below the Federal Poverty Level) to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults who are socially isolated (need caused by non-economic factors) to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults who are of lesbian, gay, bisexual, or transgender orientation to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults who are ethnic minorities, and particularly those with greatest economic and/or social need, to inform them of the contracted program and welcome them to participate?
198
EXHIBIT E
PROGRAM NARRATIVE
Exhibit E – Page 9 FY 2024-2025Area Plan Nutrition Site Management How does your organization reach older adults who are Native Americans to inform them of the contracted program and welcome them to participate? How does your organization reach older adults with limited English proficiency to inform them of the contracted program and welcome them to participate? How does your organization reach older adults who live in rural areas to inform them of the contracted program and welcome them to participate? How does your organization reach older adults with severe disabilities (severe, chronic physical and/or mental impairment that is likely to continue indefinitely & results in substantial functional limitation in 3 or more major life activities) to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults with Alzheimer’s disease or related disorders with neurological & organic brain disfunction, and the caregivers of these individuals, to inform them of the contracted program and welcome these older adults to participate?
199
EXHIBIT F
SERVICE PROVIDER EMERGENCY RESOURCE INFORMATION
Service Provider Emergency Resource Information Exhibit F FY 2024-2025
Please complete for each location from which contracted services are offered.
Organization
Site Name
Street Address
City/ST/Zip
Name of Primary Contact:
Job Title Cell Phone Office Phone Email Address
Name of Secondary Contact:
Job Title Cell Phone Office Phone Email Address
Please check all emergency services that could be provided from this site:
Emergency Power/Generator CB or Ham Radio
Emergency First Aid Internet Access
Cooking Facilities Spanish Translation
Distribution Site for Food & Water Sign Language Translation Counseling Services Other Translation:
Yes No
Can this site provide temporary shelter space for 48 hours or more in the event of an emergency?
Is this site able to help with assessing the needs of older individuals in the neighborhood or community following a disaster?
Following a major disaster, can this site help transport older individuals to disaster services?
Does this site have a dedicated vehicle that is lift-equipped? Given the resources, can this site expand meal services following a disaster to meet needs in the community?
How many people can this facility provide emergency shelter for? How many days can this facility function using its back-up power source? How many gallons of water are stored on-site as an emergency supply?
Please list any additional services your site can provide in the event of a disaster:
200
City of Sanger, California
1700 7th Street
Sanger, California 93657
Recreation Dept. (559) 876-6300, Option 2
City Manager’s Office (559) 876-6300, Ext. 1500
Fax: (559) 875-8956
Senior Center Organizational Chart
Nathan Olson
City Manager
(559) 876-6300, Ext. 1700
[email protected]
Joaquin Zamora
Recreation Supervisor
(559) 876-6300, Ext. 1430
[email protected]
Clarissa Juarez
Sanger Senior Citizen Coordinator
(559) 399-8439
[email protected]
201
City of Sanger, California
1700 7th Street
Sanger, California 93657
Recreation Dept. (559) 876-6300, Option 2
City Manager’s Office (559) 876-6300, Ext. 1500
Fax: (559) 875-8956
City Council Organizational Chart
Frank Gonzalez, Mayor at Large
Daniel Martinez, Mayor Pro Tem, District 3
Esmeralda Hurtado, Council Member, District 1
Dolores Melendez, Council Member, District 2
Michael Montelongo, Council Member, District 4
202
CITY OF SANGER, CALIFORNIA
City Manager
203
■ THE COMMUNITY
The City of Sanger is located in Fresno County, 13
miles east of Fresno along California State Route 180.
Covering 5.7 square miles with a population of 26,897,
Sanger is the third largest City in the County. Sanger is the gateway city to two of America’s greatest National
Parks and is the last city before passing through the
west gates of both the Sequoia National Park and
Kings Canyon National Park. Kings Canyon is home
to the world-renowned General Grant Giant Sequoia,
which provides Sanger’s designation as the “Nation’s
Christmas Tree City.” A one-hour drive to the Sierra
Nevada Mountains, or three hours to the Pacific Coast,
the city provides residents with a great place to call
home and enjoy a good quality of life.
■ GOVERNANCE
The City of Sanger is governed by a five-member
City Council under the council-manager form of
government. Council members are elected from
districts, while the Mayor is elected at large. In addition to appointing the City Manager, the City Council retains legal counsel from a private firm.
■ THE ORGANIZATION
Sanger is a full-service City with a staff of approximately 125 full time employees and managed through the
City Manager. The mission of the City is to provide
vision for the future and enhance the quality of life for the community. The City is strategically prepared and
poised for tremendous economic development and
housing opportunities, to serve the growing population
of the City, and the growing needs of adjacent
communities. The City has adopted its North Academy
Corridor Master Plan to guide urban development
within an approximate 300-acre planning area on
Academy Avenue extending to State Route 180.
Annexation and development of this corridor has been
a generational goal of the community and the Sanger
City Council.
To learn more about the city, go to:
https://www.ci.sanger.ca.us
■ THE POSITION
The City Manager of Sanger serves at the pleasure
of the City Council and is responsible for planning,
directing, and managing all activities and operations
of the City, ensuring that all public services are
delivered in an efficient and effective manner. This
position is responsible for coordinating City activities with other agencies and organizations; facilitating
the development and implementation of City goals
and objectives; implementing policy decisions made
by the City Council; and providing highly complex
administrative support to the City Council.
The Office of the City Manager is responsible for
a wide range of activities, including managing and
directing budget and operations, facilities and asset
management, public safety, economic development
initiatives, legislative analysis, intergovernmental
relations, grant administration, employee relations and strategic planning. As the City is in the midst of several exciting new programs including residential and mixed-
use development, past experience in annexation
projects is desirable.
204
Key responsibilities of the City Manager include,
but are not limited to the following:
➤ Create a culture of effective communication
throughout all levels of the organization as well as
with the community.
➤ Lead efforts to create a strategic plan for the City
of Sanger to guide its initiatives, resources, and
projects for the coming years.
➤ Provide options and alternatives on a variety of
complex topics and programs so that the City
Council may consider alternatives guided by expert
advice, staff recommendations, and fiscal impacts.
➤ Drive efficiency and effectiveness across all City
programs and activities including public works
maintenance and infrastructure, economic
development, and budget and financial stability.
➤ Ensure the overall fiscal health of the organization
through resource management, revenue
enhancement, and succession planning.
■ THE IDEAL CANDIDATE
The ideal candidate will be a motivated, collaborative, and dynamic leader who can work with City Council,
staff, and key stakeholders to achieve economic growth
and improve the quality of life for the community.
The successful candidate will have well-rounded skills
in all facets of public sector governance, a proven
track record in successful community development,
and solid financial acumen. This individual will lead
with vision and inspiration and have the ability to
follow through on project implementation. The next
City Manager will be required to manage the City
as it moves to improve its infrastructure, promote
new and upscale business ventures, and build and
maintain effective and collaborative relationships with regional and national business partners. A passion
for public service and desire to work with and build
a high performing staff focused on customer service
is required, as is a willingness and openness to
understand the heritage and local dynamics of the
community.
Key Competencies and Characteristics:
➤ Must be politically astute, while remaining apolitical; a manager that brings options and solutions for City
Council to allow for the best policy decisions and
consensus; respects each voice of City Council. The
ability to deliver information and comprehensive
research to City Council in a clear, balanced, and
unbiased manner.
➤ Strong communication and interpersonal skills
necessary to build positive professional relationships
with City Council, staff, business leaders, key
stakeholders, and residents.
➤ An individual with the highest personal and
professional integrity who is responsive and
approachable and is able to build trust.
➤ A dynamic leader who shares the vision of the
Council and community, and can advocate,
articulate, and implement that vision.
➤ Provide options and solutions with different sides to an issue with strengths, weaknesses, opportunities,
and risks for each alternative.
➤ An entrepreneurial mindset with the ability to work
effectively with business leaders, developers, and
elected officials.
205
➤ A strong leader able to use sound judgment, wisdom
and maintain flexibility.
➤ A solid, optimistic leader and role model with a
positive presence; demonstrate initiative, be action
oriented, treat others with respect, be collaborative
and accessible.
➤ A demonstrated record of building an environment
of responsiveness, follow through, and strong
customer service in the delivery of public services
and project deliverables.
➤ Sanger values diversity and the incoming City
Manager must be culturally competent and
appreciate the value diversity adds to the
community.
➤ A ‘bridge-builder’ who is able to create and grow
positive business relationships.
■ QUALIFICATIONS
➤ Bachelor’s degree from an accredited college
or university with major course work in public
administration, business administration, or a related
field.
➤ Master’s degree is desirable.
➤ Seven (7) years of increasingly responsible
experience in city government including five (5)
years of experience as a city manager, assistant city
manager or department head.
➤ Bilingual English-Spanish helpful.
■ SALARY AND BENEFITS
The annual salary range will be $170,194 -
$212,760.
Executive benefits currently include:
➤ Benefits include participation in CalPERS, with 2.5%
at 55 years of age for classic members, or 2% at 62
years of age for new members.
➤ Vacation
➤ Nine (9) days of management leave annually
➤ 11 paid holidays
➤ Eight (8) hours per month of paid sick leave
➤ Life insurance
➤ Health insurance is provided at no cost to the
employee and only $45 monthly for dependent
coverage. Sanger offers a monthly reimbursement
for those that opt-out of City health coverage.
➤ The City of Sanger participates in Social Security.
➤ 5% Bilingual Pay
➤ Longevity Pay: 2.5% for 15 years and additional 2.5%
for 20 years
➤ $400/month auto allowance
■ APPLICATION PROCESS AND
RECRUITMENT SCHEDULE
The final filing date is Friday, November 10, 2023.
To be considered, please electronically submit your
resume, cover letter and a list of five professional
references (references will not be contacted in the
early stages of the recruitment) to:
https://koffassociates.com/sanger-city-manager/
Resumes should reflect years and months of positions
held, as well as size of staff and budgets you have
managed. For additional information, please contact:
Frank Rojas
(510) 495-0448
[email protected]
Website: https://koffassociates.com/
Resumes will be screened based on the criteria
outlined in this brochure. Candidates with the most
relevant qualifications will be given preliminary
interviews by the executive recruiter. Koff & Associates will report the results to the City. The City will then select candidates who will be invited to participate in a formal interview process. Extensive reference and
background checks will be completed on the selected
candidate.
The City of Sanger is an Equal Opportunity Employer.
206
Nathan C. Olson
1263 Paradise Loop Lemoore, Ca 93245
Phone: 559-423-3749 ∙ E-Mail: [email protected]
Marketing/General Business Practices/Process Improvements
A results-oriented business professional with proven abilities in strategic planning, managing projects, improving efficiency of operations, teambuilding and detailing project information to determine effective processes for operations. Able to identify areas of strength and weakness and implement company policies, standards, changes in operations and systems that optimize productivity and bottom line. Demonstrated ability to motivate staff to continually improve productivity and control costs through the most effective use of manpower and available resources.
● Strategic Planning ● Manager/Motivator
● Streamlining Operations ● Lean Manufacturing
● Organizational Development ● Toyota Production System
Summary of Qualifications
● Effectively installed mission/vision to achieve company goals and improve production expectation while maintaining Quality, Safety, and Customer Services and integrity through new plant start up. ● Successful in creating and implementing strategic plans, setting and administering budgets and developing improved processes to meet short and long term objectives. ● Experienced in operations to ensure facility to address business growth, reduce costs and improve service. ● Managed facility operations to ensure facility requirements are met within established budget. Design plans for facility improvements to track production goals.
● Developed budgets and productivity reports.
● Driven to provide a safe work environment.
● Effectively interviewed potential employees, production schedules, evaluate performance and make recommendation for advancement.
● Establish a team-spirited environment through a positive and interactive leadership style. ● Managed capital expenditures to expand operations capability and reduce operating costs. ● Championed the NW region Coca-Cola Refreshment plants (8) in Productivity initiatives. ● Managed plant asset list warehouse inventory. ● Successfully implemented Paramount Farms Operational Excellence.
Professional Experience
City of Sanger Sanger, Ca 2/2024 to present City Manager
Report directly to the City Council with full responsibility for all city departments including Police, Fire, Public Works, Planning, Finance and Parks and Recreation. Manage staff of 6 department directors with full responsibility of 115 full- time employees.
Develop and execute city general fund and enterprise fund budgets.
City of Lemoore Lemoore, Ca 9/2015 to 2/2024 Public Works Director/City Manager
Report directly to the City Council with full responsibility for all city departments including Police, Fire, Public Works, Planning, Finance and Parks and Recreation. Manage staff of 7 department directors with full responsibility of 135 full- time employees.
Develop and execute city general fund and enterprise fund budgets. Increased city revenues through COVID 19 shutdown.
Completed first 5-year Community Investment Plan (CIP) Completed water rate study for future water quality and infrastructure needs. Implemented an economic development team to meet future needs of city. Received Kings County Economic Development Award for FY2021.
207
Serve as a technical advisor to South Fork Kings Sustainability Groundwater Sustainability Agency Pioneering new technologies to meet state standard for drinking water and tertiary waste water. Secured an A+ rating for $30,000,000 bond for water infrastructure projects. Lemoore Police Department has 6 years of major crime on a downward trend.
Blue Diamond Growers Turlock, Ca 3/2013 to 9/2015 Operations Manager
Reported to the Director of Engineering/Plant Manger of the company with full responsibilities for 4 manufacturing lines, receiving, warehousing and shipping. Manage staff of 5 team leaders, 2 admin assistant with full responsibility for a total of 125 operations employees.
Completed start up of the Turlock manufacturing plant from TERP certification to the continued operational improvements towards delivering on the CE goals on throughput and yield. NL terped at 8600 and 13600 pounds per hour respectively. BL terped at 8800 pounds per hour. On-going development of lean tools and methodologies to establish hi performance work team and culture. 5S, performance boards and Day in the Life walks. Daily report outs. Develop and track operations budget.
Sponsored several Focused Improvement teams to improve plant efficiencies as well as throughput and yield. Blanch line throughput up 20% and sliced prime yields improved 5-6%. Tier 1 production transferring to Turlock.
Successfully started up 4th production line to manufacture almond flour. Manage almond skins waste, waste water and storm water runoff.
Coca-Cola Refreshments-Odwalla Dinuba, Ca 2/2009 to 3/2013 Manufacturing Operations/Engineering Manager
Reported to the Director of Operations with full P & L responsibilities for manufacturing and capital planning/ expenditures. distribution facility. Managed 5 managers and oversee a total staff of 150 employees. Additional duties included responsibilities of NW region productivity team reporting directly to Vice-President of NW Region with responsibilities of 7 additional plant productivity goals. Managed all capital projects from inception through completion for the Odwalla Juice business unit. 3- 5mm per annum.
Increased overall NW region plant OEE by 5% in FY2011. Introduced and implemented Lean Manufacturing to plant management and hourly associates. Improved plant capability to pack out 6 and 24 count cases to 6, 12 and 24 counts cases while improving throughput on single serve from 450 – 600 BPM.
Integrated with new product development and marketing teams on new innovations and packaging. Restructured operational jobs and assignments to eliminate sanitation crew and implemented to operator responsibilities improving efficiency and reducing overtime. Environmental duties including RMP level 3 and anaerobic waste water treatment plant.
Paramount Farms Lost Hills, Ca 8/2006 to 2008
Plant Manager
Managed flavoring, roasting and packaging for pistachio and almond operations. Duties included 3 plant operations consisting of main facility, export facility and Almond Huller. Plant, fleet, grounds and packaging maintenance as well as color sorting technicians reported directly to operations. Managed 3 managers and oversee a total staff of 150. New pistachio huller start up and first year operation. Land application of huller waste water and hulls
Implemented SPC data for huller and dryer operations
Implemented Operational Excellence in pistachio operations driving OEE results from low 30’s to mid 70%
Modified Everybody’s Nuts flavoring line to deliver consistent flavoring application and quality repeatability
208
Leprino Foods Lemoore, Ca 5/2003 to 8/2006 Processing Supervisor
Managed shift production team of 45 employees. Responsible for safety, quality and production results for production team. Managed shift staffing levels and conducted technician performance evaluations. Scheduled employee hours and employee training.
Conagra Foods (Formerly Basic Vegetable Products) Hanford, Ca 8/1994- 5/2003 Seed Facility Superintendent
Managed Hanford garlic seed cracking facility. Duties included Human Resources, operations scheduling and planning.
Down season overhaul including plant rebuild and scheduled maintenance. Bin and pallet repair functions manged as well.
Managed 40 million pounds of garlic inventories
Developed and managed operations budgets
Ran 3 seasonal cracking lines with 7 direct report and 200 temporary employees
___________________________________________________________________________________________________ Education
2003 University of Phoenix Fresno, CA B.S., Business Management
Relevant Course
CCR Lean Practitioner- Coca-Cola Refreshments
TPS Lean Manufacturing
4 Disciplines of Execution- Franklin Covey
Dale Carnegie Leadership Training
209
(855)612-5184
Tuesdays/Thursdays -
Technology Class from
9:00am-11:00am
Wednesday’s- Jewelry Class
at 10:00am
Friday- Chair Yoga at 10:00am
EXCEPT 8/2, 8/9, 8/16
SANGER
TRANSIT
NEWSLETTER
SENIOR CENTER UPDATE
PROGRAMS
August 2024
SENIORS (60+) MUST
REGISTER AS WELL AS
RESERVE A MEAL BEFORE
12PM A DAY BEFORE THEY
ARRIVE. NON-SENIOR
RATE FOR MEALS ARE
$5.70. SENIORS ARE FREE
OF CHARGE
FMAAA MEALS
DATES
8/5- Easter Seals coming to
show resources available
for you and the community
8/19- Welbe Health coming
to offer support plans and
discuss health care
8/30- Birthday potluck
celebrating those born in
august
Small pool is available
from Monday-Friday from
8am-9am exclusively for
seniors
210
211
Senior
Soduku
212
One-Pot Orzo with Sausage,
Spinach and Corn
For Dutch Oven
Ingredients
▢14 ounces mild Italian chicken sausage
▢½ medium yellow onion, chopped
▢1 cup frozen corn kernels
▢1 cup dry orzo
▢3 cups low sodium chicken broth
▢3 cups packed baby spinach
▢¼ cup freshly grated parmesan
▢Freshly ground black pepper
Instructions
Remove the sausage from the casing and add it to a heavy bottom sauce pot or Dutch oven.
Cook over medium-high heat for 5 minutes, breaking it up with a wooden spoon.
Add the onion and corn (no need to thaw) and sauté for 10 minutes.
Add the orzo and chicken broth, stir to combine then bring to a boil.
Reduce heat to medium low and simmer 10 minutes, stirring every few minutes and scraping the bottom of the pot to make sure the orzo doesn’t stick.
Remove from the heat, add the spinach, stir and cover for a couple minutes, until the spinach has wilted.
Top with freshly grated parmesan and black pepper, to taste and serve.
Eat More Protein
Regardless of what cuisine you prefer, here's what all
healthy eating plans have in common. Such as Fruits
and vegetables, meats and plant-based sources of
protein and sugar.
213
Sanger Dispatch
(855)612-5184
Seniors 65+ Free
Call up to 45 min
advance.
214
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CITY OF SANGER
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SANGER CA 93657-2804
Taxpayer identlfication number I
Person to contaci:To11-fnee telephone numbeF:
In reply nefer to: 102L421935
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Dear Taxpayen I
we neceived youn reque$t dated sep. rz, zo?sr asking aboutfederal tax stetus. 0ur necords donrt specify your fedenalThe following information abotit the tax treatment of stategovernments and affiliated organizations may help you. your
tax status.and Local
GOVERNMENTAL UNITS
GovernmentaL units, such as states and their political subdivisionsrgenenally are not subject to fedenal income tax, politicalsubdivisions of a statd aRe ehtities with the authority to exerciseone on more of the sovereign powers of the state: taxationr Folicepowers, on eminent domain" Thby typicaLly include counties ormunicipalities and thel"r agencies or departments. charitablecontributions to governmental units may be tax-deductibt e underrnternaL Revenue code ( IRc) section 170 (c) ( r) if made for an exclusiveLy public purpose. Gunenally, grantors and contributors may rely on the status of 0overnmental units based on state or locaI lawin determining the deductibitity of their contributions.
AFFIL IATED ORGANIZATIONS
X INSTRUMENTAL ITIES
rn genenaLr an instrumentality is an entity separate fnom, butaffiliated with, a state or local governmentr oild Iacking anysoveneign powers. Instrumentalities genenally ane subject to fedenalincome tax. HoweveFl they may be recognized as tax-exempt unden IRCSection 50I(a) as organizations described in IRC Section 501(c)rincluding IRC Section S0l(c)(3). In addition, the income of a state orlocal governntent instrumentality may be excluded from gross income ifit meets the nequirements of IRC Section tIb(I).
X ENTITIES MEETING THE REQUIREMENTS OF IRC SECTION 1I5(1) An entity that is not e goVernmental unit but that performs anessential governmental function may qualifv for an income excLusionuhder IRC Sectl"on 115(t). If the entity's income (I) is denived from a 215
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CITY OF SANGER
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1700 7TH ST
SANGER CA 93657-2804
public utit.ity or the exercise of an essentiaL governmental functionr and (2) accrues to a stater a potitical subdivision of a stater on the District of Colurnbiar it may be excluded from gnoss income. Chanitable contributions to these entities may not be tax deductible to the donors.
RULING LETTERS
To receive a ruling on its status as a poLiticaL subdivision on instruhentality of a governmentr oF on whether its income is excluded from gnoss incone unden IRC Section 115(1)r a governmental unit on affilieted organization may request a letter ruling by following the pnocedures in Revenue Procedure (Rev. Proc.) 20L9-1 or its annual successor. There is a fee associated with obtaining a Letter ruling.
TAX_EXEHPT CHARITABLE ORGANIZATIONS
An orgenization affiLiated with a stater countyr ort municipal government may qualify for exemption from federal income tax under IRC Section 501(c)(3)r if (l) it is not an integral part of the governnent r and (2, it does not have governmental powers inconsistent with exemption (such as the pow€r to tax or to exercise enforcement or reguLatory powers). Note that an affiliated organization may meet the requirements of both IRC Sections 501 (c) (3) and 115( 1) under certain circumstances. See Rev. Proe. e003-t2r 2003-1 C.B. 316, fon more information.
Host entities must file a Form f025, Application for Recognition of Exenption Under Section 501(c)(3) of the Internal Revenue Coder or Form I0ZS-EZ, Streanlined Application for Recognition of Exenptlon Unden Section 501(c)(3) of the Internal Revenue Code, to be necognized as exenpt from federal income tax under IRC Section 501(c)(3)r and to ensure that any charitable contributions they receive ane tax- deductible to contributons undor IRC Section 170 (c) (2) .
ADDITIONAL INFORHATION
This letter does not determine that you have a particular tax status.
If yourne unsune of your statusr you can!
- Vislt www. ins. gov./government-entities,/f ederaI-state-LocaI- govennments for Eovernment entity information.
- Visit ww1^r.stayexempt.irs.govr Eln IRS site created especiaLly for 501(c) (5) organizationsr
- Read publication 42?O, Apptying for 501(c)(5) Tax-Exenrpt Status. - Seek a private letter nuLingr folLowing the pnocedures in Rev.
Proc . 20lg-L t 2019- 1 I . R. B, I (updated annuaLlv) . ffi
216
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Sep. 19' 2023 LTR 4076C 0
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CITY OF SANGER
% FINANCE DEPARTMENT
1700 7TH ST
SANGER CA 93657-2804
You ean 9et the fonms or publications mentioned in this Letter fromour website www.ins.govlforms-instnuctions or by calling 800-TAX-F0Rtl(800-829-3676). ffi
163671
rf you have questionsr vou can call the contact person shown between I a.m. and 5 F.m.r local timer Monday through Fridayand Hawaii follow Pacific time).
Keep a copy of this letter for your records.
Sincerely youPs t
*lt l.
above
( Ala ska
Steve H. Brownr 0perations Manager
Operations 3-CIN
217
Prepared by: Jason Boust, Police Commander Approved by: ________________________
REVIEW: City Manager: ______ Finance: _______ City Attorney: ___HCM___ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X__ Consent
____ Info Item
__X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: August 1, 2024
Agenda Item No.: E-9
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council Members
From: Greg Garner, Chief of Police
Subject: Acceptance of UC Davis All Animals Grant and enter into Shelter Services Agreement
Attachments: Resolution No. 2024-51
Exhibit “A” Budget Amendment Form
Exhibit “B” Shelter Services Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council adopt Resolution No. 2024-51 A ccepting the “All Animals” Grant Funds From UC Davis and the Koret Shelter Medicine Program, Approving t he Shelter Services Agreement w ith The Regents of the University of California For Spay/Neuter Services, and Amending The Fiscal Year 2024-2025 Annual Budget.
EXECUTIVE SUMMARY:
The Police Department applied for the ALL ANIMALS grant and received notice we were awarded the grant on 7/12/24. The Sanger Animal Control unit is constantly seeking additional funding for education, spay/neuter, and vaccination services which can be quite expensive . These are necessary services to keep the stray animal population down and to promote responsible pet ownership. These services are made more difficult because we do not have a local veterinarian. This grant will provide funding that will directly benefit our community by bringing those services to the Sanger community.
218
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BACKGROUND:
This grant will be for one year, the work will need to be completed during the contract period of July 15, 2024 to July 14, 2025. The agreement is between the City of Sanger and the Regents of the University of California. It will be administered by the Sanger Police Department, Animal Control U nit, and The Koret Shelter Medicine Program on behalf of the Davis Campus School of Veterinary Medicine in connection with the California for All Animals statewide animal shelter assistance program. We last received similar grant funding from UC Davis in 2022.
REASON FOR RECOMMENDATION:
Providing low cost spay/neuter and vaccination services is essential to minimize stray animals and to assist members of our community to obtain these services. Our Animal Control unit has provided these events for vaccinating and microchipping animals twice this last year using grant funds with great success. On 12/16/23 we held a vaccination event where 250 dogs vaccinated and 96 microchipped. Then on 5/4/24 we vaccinated another 109 dogs and chipped 48. These large-scale events were well received by the community and assisted our Animal Control Unit in maintaining a healthy pet population. These events would not be possible without grant funding.
FISCAL IMPACT:
None.
ALTERNATIVES:
We do not accept the funds and do not provide these services.
ACTIONS FOLLOWING APPROVAL:
Enter into the agreement, receive the funds, and begin planning for the events.
219
RESOLUTION NO. 2024-51
A RESOLUTION OF THE CITY COUNCIL ACCEPTING THE “ALL ANIMALS” GRANT
FUNDS FROM UC DAVIS AND THE KORET SHELTER MEDICINE PROGRAM,
APPROVING THE SHELTER SERVICES AGREEMENT WITH THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA FOR SPAY/NEUTER SERVICES, AND AMENDING THE FISCAL YEAR 2024-2025 ANNUAL BUDGET.
WHEREAS, the City has received an “ALL ANIMALS” Grant from UC Davis in the amount of $10,000; and
WHEREAS, wishes to accept said grant; and
WHEREAS, acceptance of the grant requires a Shelter Services Agreement with the Regents of the University of California.; and
WHEREAS, the City of Sanger Annual Budget requires amendments to adjust the estimated revenues and appropriations to reflect the City’s financial plan; and
WHEREAS, the annual budget contains the estimated revenues and appropriations necessary to implement the City Council’s policies, goals and objectives; and
WHEREAS, during the fiscal year, unforeseen circumstances, changed economic conditions or spending priorities may require budget adjustments; and
WHEREAS, the City Council of the City of Sanger does hereby find that it would be in the best interest of the City to revise estimated revenues and appropriations and a budget amendment for FY 2024-2025 appropriating the funds from the UC Davis ALL ANIMALS grant in the amount of $10,000 is necessary.
NOW THEREFORE, the City Council of the City of Sanger, State of California resolves as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City Council authorizes acceptance of the “ALL ANIMALS” grant in the amount of $10,000.
3. The City Council approves the related Shelter Services Agreement attached hereto as Exhibit A and incorporated by reference and authorizes the City Manager to execute the Agreement.
4. In order to account for the grant monies, the Annual budget for FY 2024/2025 is amended as set forth in Exhibit B for Revenue Adjustments and for Appropriation Adjustments which are attached hereto and incorporated herein by reference and are hereby approved, and the Finance Director is hereby authorized and directed to record the appropriate accounting entries.
5. This resolution is effective upon adoption.
220
* * * * * * * * * * * * * * * * *
The foregoing Resolution was considered by the City Council for the City of Sanger at a regular meeting of said Council held on the 1
st of August 2024 and approved by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
_________________________________________
Rebeca Padron, City Clerk
221
\\nas1\shared\Forms Templates - 12/15/10
City of Sanger Accounting Use Only
Fiscal Impact of Proposed Resolution and Budget Adjustment Number:
Budget Adjustment approved by Council
Resolution Number:
Date: July 15, 2024
Reason for change in appropriation and/or revenue estimate:
Estimated Additional Appropriations:
Fund Dept. Prgm Object Appropriation
Fund Name Program Name No. No. No. No. Amount
UC Davis ALL ANIMALS Animal control services 297 40 102 4329 $10,000.00 Total Requested Appropriation: 10,000.00$
Current 2024-2025 Appropriation: 3,663.00$
Adjusted Total Appropriation: 13,663.00$
Estimated Revenues Available:
Fund Dept. Prgm Object Est. Revenue
Fund Name Program Name No. No. No. No. Amount
UC Davis ALL ANIMALS Animal control services 297 40 102 6215 $10,000.00 Total Estimated Additional Revenue: 10,000.00$
Current 2024-2025 Estimated Revenue:
Adjusted Total Estimated Revenue: 10,000.00$
Department Head Signature ___________________________________________ Date: ___________________ Finance Director's Signature __________________________________________ Date: ___________________ City Manager's Signature _____________________________________________ Date: ___________________ Acceptance of UC Davis ALL ANIMALS GRANT for $10,000
222
UCD #_______
1 of 4
UC Davis Agreement #_______
SHELTER SERVICES AGREEMENT
(City of Sanger)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ( “University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF SANGER (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).
The parties agree as follows:
1. Shel
ter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services” ). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report (s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the e xtent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Pay
ment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $10,000 upon final signature of this Agreement .
Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e- mail address [email protected].
3. Term
. Services shall be rendered from July 15, 2024 through July 14, 2025.
4. En
dorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Am
endment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mut
ual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and ag ainst any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages 223
UCD #______
are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
7. Insu
rance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Fo
rce Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.
9. Re
lationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use o
f University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Co
ntract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.
12. No
tice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts)
Steven Kobayashi
Business & Revenue Contracts
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
SHELTER (regarding contracts)
J
ason Boust
Commander
City of Sanger
1700 7th Street
Sanger, CA 93657
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
13. Un
iversity's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement. 224
UCD #______
14. Governing Law. This Agreement shall be construed pursuant to California law.
15. Fed
eral Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1 ). This agreement shall be
subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
16. Au
dit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.
Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.
17. Te
rmination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.
18. En
tire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREE
D:
CITY OF SANGER THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)
Print name:
UC Davis
Title:
Date: Date:
225
UCD #_______
4 of 4
Exhibit A
Sc
ope of Work
1. Purpose of the work: City of Sanger will receive funding for subsidized spay/neuter and vaccination services.
2. Roles and
responsibilities of each party: City of Sanger w ill provide historical data from 2019 to 2023, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements. No University equipment will be used.
3. Dates
and times will the work be completed: Work will be completed during the contract period of July 15, 2024 through July 14, 2025.
4. Location where work will be performed: 1700 7th St, Sanger, CA 93657
5. Required deliverables: One additional report will be requested by Maddie's Fund at a later date to be
determined by Maddie's Fund. UC Davis will check in at the end of the grant term regarding the status of the recommended scope of work.
6. Project milestones: Program pilot to be completed by Ju ly 14, 2025.
7. Total cost of the services: Total of services not to exceed $10,000. Construction costs will be funded through this
grant.
Item
s
Subsidized spay/neuter and vaccination services $10,000 To
tal expenses: $10,000
8. Pay
ment schedule: Payment will be upon execution of the agreement.
9. Ant
icipated additional work: Additional work is not anticipated at this time. 226
Prepared by: Becky Padron Approved by: Nathan Olson
REVIEW: City Manager: NCO Finance: City Attorney: HCM
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent
Informational Item
X Action Item
X Department Report
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: August 1, 2024
Agenda Item No.: F-1
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager
Subject: Executive Management Special Compensation Premiums Resolution as Required by CalPERS
Attachments: Resolution No. 2024-52
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council adopt Resolution No. 2024-52 establishing Special Compensation Premiums for Unrepresented Executive Management Positions for compliance with California Code of Regulation (“CCR”) as required by the California Public Employees Retirement System (“CalPERS”).
EXECUTIVE SUMMARY:
CalPERS recently informed t he City that language in individual employment agreements for unrepresented Executive Management Positions related to special compensation such as bilingual pa y and longevity pay, does not meet the CCR Definition of Special Compensation (Cal. Code Regs. Tit. 2, § 571) and as such, is not recognized as pensionable compensation by CalPERS . The proposed Resolution will bring the language into compliance.
BACKGROUND:
The CCR states that, for the purpose of calculating pensionable compensation, special compensation must be contained in a written policy or agreement that is approved by the governing board, and is available to a group or class of employees. Currently, Executive Management employees may be eligible for special compensation such as bilingual pay and longevit y pay, as provided in individual employee 227
agreements. CalPERS’ Special Compensation Reportability Table lists bilingual pay and longevity pay as types of special compensation. These special compensation types are being reported to CalPERS as pensionable compensation with each payroll as intended.
The proposed Resolution ensures that the special compensation is contained in a written policy approved by the governing board and available to a group of class of employees ( Executive Management ).
CalPERS has reviewed the draft Resolution and determined the language meets the CCR requirements.
We note that this is not an issue for represented employees, as their MOUs constitute a labor agreement.
REASON FOR RECOMMENDATION:
The City is aware that at least two unrepresented Executive Management employees (former and current) have either request ed a Compensation Review from CalPERS, or submitted a Service Ret irement application to CalPERS. As a result, the City was informed of the non-compliant language.
FISCAL IMPACT:
No direct fiscal impact.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
Staff will provide the adopted Resolution to CalPERS representatives.
228
RESOLUTION NO. 2024-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,
CALIFORNIA, ESTABLISHING SPECIAL COMPENSATION PREMIUMS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT POSITIONS
WHEREAS, the City Council desires to approve a resolution to set forth certain compensation premiums for unrepresented executive management employees (hereinafter referred to as Executive Managers); and
WHEREAS, the Executive Managers includes the City Manager, Assistant City Manager, Community Development Director, Chief of Police, Fire Chief, Public Works Director and City Clerk/Personnel Officer; and
WHEREAS, the Chief of Police and Fire Chief comprise a sub-class of the Executive Managers herein referred to as Public Safety Managers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANGER, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
ARTICLE I. B ENEFITS FOR EXECUTIVE MANAGERS
A. LONGEVITY PAY
1. Executive Managers shall be eligible for longevity pay equivalent to 2.5% of base salary upon reaching 15 years of employment with the City, calculated from the employee’s initial date of hire in any position with the City. Upon reaching 20 years of service, the employee shall be eligible for an additional 2.5% of base salary, for a total longevity premium of 5% of base salary.
2. For purposes of calculating eligibility for longevity pay, any unpaid leave of absence shall be excluded from the calculation unless otherwise required by law.
B. BILINGUAL PAY
1. Qualifying employees who are routinely and consistently assigned to communicate in languages other than English shall be eligible for bilingual premium pay equivalent to 5% of base salary for having proficiency in Spanish or Hmong.
2. An employee claiming or requesting eligibility for bilingual pay must successfully pass a language proficiency test. Requests for testing and certification will be submitted to the Human Resources Office; the employee may be required to re- test periodically to certify continued competency in the applicable language.
ARTICLE II. AD
DITIONAL BENEFITS FOR PUBLIC SAFETY MANAGERS
A. UNIFORM ALLOWANCE
1. Public Safety Managers shall receive a uniform allowance of $1,000.00 per annum paid in July.
229
2. The uniform allowance shall satisfy the normal cost to clean, maintain, replace and repair because of normal wear and tear, but shall not relieve the City of its obligation to reimburse employees for damage to uniforms and other personal property reasonably anticipated to be worn or utilized by an employee in connection with the performance of his or her duties occurring during the course and scope of employment pursuant to Section 2802 of the California Labor Code.
B. ADVANCED EDUCATION INCENTIVE
1. Public Safety Managers shall be receive a compensation premium equivalent to 5% of base salary for completion and possession of an advanced degree (Master’s degree or higher) from an accredited higher education institution in a field that is relevant to the employee’s position and which enhances their ability to do their job. For illustrative purposes, qualifying degrees may include, for example, a Master’s degree in Public Administration, Fire and Emergency Management (Fire Chief only), Criminology (Chief of Police only) or Police Administration (Chief of Police only).
2. In no circumstance shall Advanced Education Incentive apply to possession of a degree or certification that is required as a minimum qualification for the position.
3. To be eligible for Advanced Education Incentive, the employee must provide Human Resources with appropriate documentation, such as a copy of the degree transcripts, diploma, and/or such other documentation as requested by Human Resources to verify that the employee possesses the degree and that the degree is relevant to the employee’s job duties.
ARTICLE III. M
ISCELLANEOUS AND GENERAL PROVISIONS
A. GENERAL PROVISIONS
1. Compensation premiums set forth in this Resolution shall not compound. For example, if an employee is eligible for both 2.5% longevity pay, 5% bilingual pay, and 5% advanced education incentive, each premium shall be calculated based on base salary only, for a total premium of 12.5%.
2. Special compensation premiums shall be included as part of the employee’s regular bi-weekly paycheck as of the first full pay period following the approval of the special pay request.
3. All special compensation items are subject to federal and state income tax withholding as required by law. Special compensation will be reported to the California Public Employees’ Retirement System (CalPERS) as pensionable compensation only to the extent permitted under the Public Employees’ Retirement Law (PERL) and applicable regulations.
B. RESOLUTION. This Resolution shall be effective on July 1, 2021.
C. REPEALS. This Resolution repeals any previous resolution or management agreement, excluding individual employment contracts, that sets forth the wages, hours, and terms 230
and conditions of employment for Executive Managers to the extent such enactments are inconsistent with the terms set forth herein.
D. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered in the Book of Resolutions of the City of Sanger; and shall make a record of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same was passed and adopted.
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular of said Council held on the 1st day of August 2024 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Rebeca Padron, City Clerk
231
Prepared by: Becky Padron Approved by: Nathan Olson
REVIEW: City Manager: NCO Finance: City Attorney: HCM
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent
Informational Item
X Action Item
X Department Report
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: August 1, 2024
Agenda Item No.: F-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Becky Padron, City Clerk/Deputy Personnel Officer Subject: Consultant Services Agreement for a Classification and Compensation Study Attachments: Consultant Services Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approve the Consultant Services Agreement with Evergreen Solutions, LLC, in the amount of $41,500 to conduct a Classification and Compensation Study and authorize the City Manager to execute the Agreement.
EXECUTIVE SUMMARY:
City staff issued a Request for Proposal for consultant services to conduct a study of the City’s classification and compensation plans. The City received proposals from six firms. Five Department Heads rated each proposal. Rating categories included ability to perform the full range of duties, project timing, work plan, and credentials and references. The City Manager and Deputy Personnel Officer interviewed the three highest rated firms and recommend the City enter into an agreement with Evergreen Solutions, LLC (“Evergreen”).
BACKGROUND:
A classification plan groups jobs into common classifications based on similarities in duties, responsibilities, and requirements. A compensation plan is a guideline that defines employees’ pay and benefits. The ultimate goal of a classification/compensation study is to create equitable, competitive, and supportive classification and compensation plans that benefit both employees and the City. The essential purposes are to ensure that job classifications and pay structures align with both internal organization needs 232
and external market trends, streamline job titles and descriptions, and address recruitment and retention needs.
Evergreen will conduct a comprehensive study of the City’s current classification and compensation plans.
Their work plan consists of 11 Tasks (see Exhibit A to Agreement). In addition, they will provide one year of post -study support to Human Resources staff and a mechanism for future maintenance of plan administration by either an Excel spreadsheet or their JobForce Manager software program at no additional cost. Although the study is expected to be completed approximately four months after project initiation, at staff’s request, Evergreen has committed to providing an estimated cost for implementation of the updated plans in late October when Council will be considering an amended budget for Fiscal Year 2024-2025.
REASON FOR RECOMMENDATION:
A comprehensive classification and compensation study will give the City insight into how Sanger employees’ job duties, pay and benefits compare to that of similar cities.
FISCAL IMPACT:
The cost to perform the study is $41,500. The FY 2024-25 budget includes an appropriation of $50,000 for the study.
ALTERNATIVES:
Not approve the agreement and no classification/compensation study will be conducted.
ACTIONS FOLLOWING APPROVAL:
The City Manager will sign the agreement and City staff will work with the consultant to initiate the study. 233
1 CITY OF SANGER
CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement ("Agreement”) is en tered into between the C ITY OF SANGER, a California general law city (“City”) and Evergreen Solutions, LLC ("Consultant”).
This Agreement shall be effect ive on the date signed by City which shall occur after execution by Consultant (“Effective Date”).
RECITALS
A. City has sought, by a Request for Proposals, to select a consultant to conduct a study of the City’s Compensation and Classification Plan and Benefits.
B. Consultant submitted a proposal for performing the requested S ervices and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.
C. City has selected Consultant to perform the requested S ervices on the basis of Consultant's demonstrated competence and professional qualifications.
D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. S
cope of Services . Consultant shall perform , to the satisfaction of City in accordance with this Agreement, the Services described in the “S cope of Services ” set forth in Exhibit A attached hereto and incorporated by reference herein, and as may be revised by mutual agreement of the parties. Consultant warrants that it is qualified to perform the Services under this Agreement.
Consultant shall be familiar with and shall comply with all State and Federal laws and regulations applicable to the work to be performed under this Agreement.
2. C
ommencement of Services; Term of Agreement
234
2 , The term of this Agreement shall be from the Effective Da te through November 30, 2024, or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.
(a) Continuity of Personnel. Consultant shall make e very reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) A dditional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreem ent or listed in Exhibit "A," unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.
3. Compensation fo r Services. City shall compensate C onsultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Ag reement, City agrees to pay Consultant a listed. Both parties agree that Consultant’s proposal to complete the Services is $41,500 and that the Services are anticipated to be completed by approximately November 30, 2024.
• 25% - upon completion of Tasks 1-2
• 25% - upon completion of Tasks 3-4
• 25% - upon completion of Tasks 5-6
• 15% - upon completion of Tasks 7-10
• 10% - upon completion of Task 11
(b) Consultant shall invoice City for all work performed and expenses incurred. The invoice shall detail charg es by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and sub-consultant contracts.
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
4. I ndependent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.
5. S
tandard of Care . Consultant represents and warrants that it has the qual ifications, 235
3 experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experienc e and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields.
Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.
6. I
dentity of Subcontractors and Sub-Consultants . Co nsultant shall, before commencing any work under this Agreement, provide to City in writing : (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontract ors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. S
ubcontractor Provisions . Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City ; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant ; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
8. P
ower to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. R
ecord Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and five (5) copies of all final reports prepared by Consultant under this Agreement.
10. Own
ership and Inspection of Documents. A ll data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical 236
4 drawings and materials recorded on computer discs ( “Work Product”), shall be and remain the property of City. City shall have the right to u se, copy, modify, and reuse the Work P roduct as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. T his obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
11. C
onfidentiality . All data, reports, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connection with the Servi ces performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by C ity. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services , except to its agents, employees, affiliates , and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. C
ity Name and Logo . Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
13. C
onflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non- related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. No
n -liability of Officers and Employees . No officer or employee of City shall be personally liable to Consultant, or any su ccessors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
15. C
ity Right to Employ Other Consultants . This Agreement is non-exclusive with Consultant.
City reserves the right to employ other consultants in connection with the Services.
237
5 16. T ermination of Agreement . This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a.. Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant.
b. T
ermination by City or Consultant: For Cause . Either party may terminate th is Agreement upon twenty (20) days prior written notice to the other party of a material b reach, and a failure to cure within that time period.
c. C
ompensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of suc h part as specified in Section 3 herein . In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. E
ffect of Termination . Upon receipt of a t ermination notice (or completion of this Agreement), Consultant shall : (i) promptly discontinue all Services affected (unless the notice directs otherwise) ; and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.
17. Insurance . C
onsultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "B" attached hereto and incorporated herein by this refer ence. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.
18. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of the acts, errors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Consultant or its subcontractors relating to the performance of Services described herein.
Consultant's duty to defend and indemnify City shall not extend to injuries or damages t hat are the result of City's sole negligence or willful misconduct. 238
6 Consultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, err ors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense and/or indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.
19. Assignment . N
either this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
20. F
orm and Service of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
T
o City: Michelle Speer To Consultant: Jeff Ling
City of Sanger Evergreen Solutions, LLC
1700 7 th Street 2528 Barrington Circle, Unit 201
Sanger, CA 93637 Tallahassee, FL 32308
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three
(3) days after deposit of the same in the custody of the United States Postal Service.
21. E n tire Agreement. This Agreement , including the attachments , represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
22. S
uccessors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
23. Authority .
The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
24. S
everability . In the event any term or provision of this A greement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
239
7 25. A pplicable Law and Interpretation and Venue . This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreemen t is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
26. A
ttorneys Fees . If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
27. A
mendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signe d by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
28. T
hird Party Beneficiaries . Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
29. E
xecution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
30. No
n -Discrimination. Consultant shall not discriminate on the basis of any protect ed class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
31. C
ompliance with All Laws . In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
N
ow, therefore, the City and Consultant have ex ecuted this Agreement on the date(s) set forth below.
EVERGREEN SOLUTIONS, LLC CITY OF SANGER
240
8 By:___________________________ By: ______________________________ Jeff Ling, President Nathan Olson, City Manager
Date: __________________ Date: ______________________
241
9 EXHIBIT A
SCOPE OF SERVICES
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3.2 Detailed Work
Plan
Task 1.0
Project lnitiation
The detailed work plan that Evergreen proposes to use to provide the Consultant Services for a study of the City's Compensation Plan and Benefits is provided in this section. Evergreen understands the City has approximately !24 employees in Sl classifications that will be included in the study.
Our work plan consists of the following 11 work tasks:
o Task 1:
o Task 2:
o Task 3:
r Task 4:
e Task 5:
a Task 6:
o Task 7:
o Task 8:
o Task 9:
o Task 10:
o Task 11:
Project lnitiation
Evaluate the Current System
Collect and Review Current Environment Data
Evaluate and Build Projected Classification Plan and Make FLSA Determinations
ldentify List of Market Survey Benchmarks and
Approved List of Targets
Conduct Market Salary and Benefits Survey and Provide
Externa I Assessment Summa ry
Develop Strategic Positioning Recommendations
Conduct Solution Analysis
Develop and Submit Draft and Final Reports
Develop Recommendations for Compensation
Administration
Provide Updated Class Descriptions
TASK GOALS
o Finalize the project plan with the City.
o Gather all pertinent data.
o Finalize any remaining contractual negotiations.
. Establish an agreeable final timeline for all project milestones and deliverables.
TASKACTIVITIES
1,.7 Discuss with the City's Project Manager (CPM), and any other key personnel the fol lowing objectives:
o the classification and pay plan study process;
r understand mission and current compensation philosophy; o review our proposed methodology, approach, and project work plan to identify any necessary revisions;
o reach agreement on a schedule for the project including all assign m ents a nd project m i leston es/d e I ivera bles; a nd . establish an agreeable communication schedule.
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Task 2.O
Evaluate the
CurrentSystem
7.2 ldentify potential challenges and opportunities for the study. Discuss the strategic direction of the City and some of the short- and long-term priorities. This activity serves as the basis for assessing where the City is going and what type of pay plan will reinforce current and future goals.
1.3 Obtain relevant materials from the City, including:
any previous projects, research, evaluations, or other studies that may be relevant to this project;
organizational charts for the departments and divisions, along with related responsi bility descriptions;
cu rrent position and classification descriptions, sa la ry schedu le(s), benefits plans, and classification system; and
personnel policies and procedures, including step placement policies.
L.4 Review and edit the project work plan and submit a timeline for the completion of each projecttask.
1.5 Provide periodic status reports to the CPM throughout the study
KEY PROJE T MILESTONES
o Comprehensive project management plan
r Comprehensive database of City staff
TASK GOAL
Conduct a comprehensive preliminary evaluation of the existing compensation plan(s) for the City.
TASKACTIVITIES
2.t Obtain the existing pay structure and compensation philosophy (if any). Review the existing pay structure and look for potential problems and issues to be resolved.
2.2 Determine the strengths and weaknesses of the current pay plan(s) for the City. Address any pay compression issues that may exist and discuss possible solutions.
2.3 Complete an assessment of current conditions that details the pros and cons of the current system, taking into consideration compensation and benefits, as well as highlights areas for potential improvement in the final adopted solution.
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Task 3.0
Collect and Review
Current
Environment Data
Task 4.O
Evaluate and Build
Projected
Classification Plan
and Make FISA
Determinations
KEY PROJE T MILESTONES
o Review of existing compensation plan(s)
o Pay compression issues and solutions
o Assessment of current conditions
TASK GOALS
o Conduct statistical and anecdotal research into the current environment within the City.
o Guide subsequent analytical tasks.
TASKASNVMES
3.1 Schedule and conduct up to three employee orientation sessions to describe the scope of work and methodology.
3.2 Hold up to five department director/city leadership interviews to obtain re leva nt i nformation a nd statistica /a necdota I data on specif ic compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses.
3.3 Hold up to six focus groups with a sample of employees to obtain additional relevant information and statistical/anecdotal data on specific compensation issues and policies.
3.4 Work with the CPM and Human Resources staff to administer the JATs and MlTs. Our staff utilizes a web-based tool for data collection, but we can provide paper copies as wellas those for classifications without computers or lnternet access. We willseek approvalfrom the CPM before distribution of the JAT/MIT questionnaire.
3.5 Review any data provided by the City that may provide additional relevant insight.
KF/ PROJEGT MILESTONES
. Department director/city leadership interviews
o Employee focus groups and orientation sessions
o JAT/MlT distribution
TASK GOALS
a ldentify the classification of existing positions utilizing the approved method for job evaluation.
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Task 5.O
ldentify List of
Market Survey
Benchmarks and
Approved List of
Targets
TASKACTIVITIES
4.I Ensure that all draft class specifications are provided to Evergreen by the CPM.
4.2 Review the work performed by each classification and score based on job evaluation. lnclude an evaluation of supervisory comments.
4.3 Review job evaluation scores and identify the classification of positions.
4.4 Schedule and conduct additional follow-up with employees for jobs where uncertainty exists over data obtained from job evaluation.
4.5 Develop preliminary recommendations for the classification structure and discuss with the CPM. The classification system designed at this point would be based solely on internal equity relationships and would be guided by the job evaluation scores for each classification.
Essentially, a structure of classifications would be established, and classifications with similar scoring would be grouped and spacing between jobs would be determined.
4.6 Develop recommendations of FLSA (exemption)status based on results of the job evaluation (JAT)review and federal requirements.
4.7 Review recommendations with the CPM.
KEY PROJECT MILESTONES
r Job evaluation scores by class
r Recommendedclassificationchanges
o Recommended FLSA status
o Preliminary job structure based on internal equity
TASK GOALS
Reach an appropriate number and identify the proper benchmark positions for the external labor market assessment of salary and benefits.
o ldentify and develop a comprehensive list of targets for conducting a successful external labor market assessment of salary and benefits.
TASKACTIVITIES
5.1 ldentify, from the initial review, a list of classifications (benchmarks) to include in the labor market survey. Note: Evergreen will work with the CPM to identify the City's 81 classifications to use as benchmarks for the salary and benefits survey.
5.2 Finalize the list of positions with the CPM
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Task 6.0
Conduct Market
Salary and
Benefits Survey
and Provide
E(ernal
Assessment
Summary
5.3 For each employee group review with the CPM peer organizations to use as targets for the salary its and benefits survey. Note: Evergreen will work with the CPM to select up to 20 targets for the salary and benefits survey.
5.4 Develop a preliminary list of organizations for the external labor market survey of salary and benefits, placing a comparative emphasis on characteristics such as:
o size of the organization;
r geographic proximity to the Sanger area;
o economic and budget characteristics; and
o other demographic data.
5.5 Develop a list of survey targets by employee group. Develop a system for use of secondary data including potential sources and weighting of secondary data, if necessary.
5.6 Review survey methodology with the CPM and refine survey methodology prior to distribution of surveys.
5.7 After approval of survey methodology, develop contact list of peer organizations and notify peers of impending surveys.
KEY PROJECT MILESTONES
a Final list of benchmark positions for the external labor market assessment salary and benefits survey
lnitial list of survey peers
Survey methodology
Final list of survey organizations and contacts
TASK GOALS
a Conduct the external labor market salary survey
a Conduct a benefits survey
Provide a summary of the market salary and benefits survey results to the CPM.
TASKACTIVITIES
6.1 Prepare a customized external labor market salary survey for the CPM's approval. Discuss questions and categories for the market survey.
6.2 Develop a listing of the current benefits provided by the City for comparisons with peer organizations, and any additional benefits. a
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Task 7.O
Develop Strate$c
Positioning
Recommendations
6.3 Using the list of City provided benefits and major benefits offerings not provided by the City develop a list of benefits to include in the external labor market survey.
6.4 Prepare benefits survey to be included with salary survey developed in Task 6.1.
6.5 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested.
6.6 6.7 Collect and enter survey results into Evergreen's electronic data analysis tools.
6.8 6.9
Validate all data submitted
Develop summary report of external labor market salary and benefits assessment results.
6.10 Submit summary report of external labor market salary and benefits assessment results to the CPM.
KEY PROJECT MILESTONES
a Market survey instrument
a Benefits su rvey i nstrument
a Summary report of external labor market salary and benefits assessment results
TASK GOALS
Assess the appropriateness of the current compensation philosophy for the City.
Develop a plan for all employees, providing issue areas and prel i m ina ry recom mendations for strategic i m provement.
TASKACTIVITIES
7.1 ldentify the compensation philosophy and accompanying thresholds.
7.2 Using the market salary survey data collected in Task 6.0, and the classification data reviewed in Task 4.0, recommend the appropriate pay plan(s) for the City.
7.3 Produce a pay plan for the City that meets its needs from an internal and external equity standpoint.
Conduct necessary follow-up through e-mails, faxes, and phone calls. a
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Task 8.0
Conduct Solution
Analysis
KEY PROJECT MILESTONES
a Proposed compensation strategic direction, taking into account internal and external equity
Plan for addressing unique, highly competitive positionsa
TASK GOALS
o Conduct analysis comparing job evaluation values.
o Survev results for the benchmark positions.
o Produce several possible solutions for implementation.
TASK ACTIVITIES
8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan for the City.
8.2 Place all classifications into pay grades based on Task Activity 8.1.
Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications.
8.3 Create implementation solutions for consideration that take into account the current position of the City as well as the findings from the classification and compensation analysis. ldentify and prepare a range of compensation policy alternatives.
8.4 Discuss with the CPM potentialsolutions.
8.5 Determine the best solution to meet the needs of the City in the short-term and long-term.
8.6 Document the accepted solution.
KEY PROJECT MILESTONES
r lnitial regression analysis
o Potentialsolutions
o Documentedfinalsolution
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Task 9.0
Develop and
Submit Draft and
Final Reports
Task 10.0
Develop
Recommendations
for Compensation
Administration
TASK GOALS
r Develop and submit a draft and Final Report of the Consultant Services for a Study of the City's Compensation Plan and Benefits. o Present the Final Report.
TASK ACTIVITIES
9.7 Produce a comprehensive draft report that captures the results of each previous step, including a complete listing of the allocation of job classes to salary range requirements. Provide the CPM with a draft final report for review that will include all costs associated with recommendations as well as implementation strategies.
9.2 Make edits and submit necessary copies of the Final Report to the CPM.
9.3 Present the Final Report to the City Council.
9.4 Develop a communication plan for sharing study results with employees of the City.
9.5 Develop a plan for maintaining recommendations over time.
KEY PROJECT MILESTONES
o Draft and final reports
o Final presentation
o Communication plan
r lmplementation and maintenance database
TASK GOALS
Develop recommendations for continued administration by City staff to sustain the recommended compensation and classification system.
a Conduct training.
TASK ACTIVITIES
10.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system by City staff, including recommendations and guidelines related to:
a how employees will move through the pay structure/system as a result of transfers, promotions, or demotions;
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Task 11.0
Provide Updated
Class Descriptions
a how to pay employees whose base pay has reached the
maximum of their pay range or value of their position;
the proper mix of pay and benefits;
how often to adjust pay scales and survey the market;
the timing of implementation; and
how to keep the system fair and competitive over time.
Develop guidelines to assist City staff with determining the starting pay for new employees based on knowledge and experience above the minimum requirements of the position, how difficult the position is to fill, and market competitiveness.
Recommend recruitment/retention strategies, where appropriate.
Present recommendations to the CPM for review
Finalize recommendations.
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10.3 to.4
10.5 10.6 Provide training and instructional tools to Human Resources Department staff to ensure that staff can conduct individual salary audits/adjustments consistent with study methods until the next formalstudy is conducted using Evergreen's JobForce Manager tool that will enable Human Resources staff to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs - allowingfor streamlining, and an increase in fairness and transparency of regular compensation and classification tasks after solution implementation
KEY PROJECT MILESTONES
a Recommendations for compensation administration
a Recom mendations for recru itment/retention pol icies a Training on Evergreen's JobForce ManaSertool
TASK GOALS
a U pdate existing class descriptions.
Create new class descriptions only for those classifications recommended by Evergreen as a result of the job evaluation.
Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word).
TASK ACTIVITIES
tLt Assess current class descriptions for form, content, validity, and ADA, FLSA, EEO compliance, etc.
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10 EXHIBIT B
INSURANCE
A. Insurance Requirements
i. C onsultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
ii. Any failure to comply with reporting provisions of the policies by Consultant sha ll not affect coverage provided by the City.
iii. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.
B. Business Automobile Lia bility
i. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISP Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
C. Workers’ Compensation and Employers’ Liability
i. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least one million dollars ($1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
D. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
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11 iii. Evidence of Insurance – Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers – Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher.
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Prepared by: David Brletic Approved by: _Nathan Olson__________________
REVIEW: City Manager: _NCO____ Finance: ___MS_____ City Attorney: _HCM TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION ____ Consent
____ Info Item
_X _ Action Item
Department Report
____ Redevelopment Agency
____ Public Hearing
__X_ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: August 1, 2024
Agenda Item No.: H-1
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: David Brletic, Community Development Director
Subject: Mobile Vendor Regulations
Attachments: None
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council receive staff’s report and provide direction on Mobile Vendor Regulations.
EXECUTIVE SUMMARY:
Staff have received inquiries regarding mobile vendor regulations and the City Council has expressed interest in reviewing Mobile Vendor Regulations. Staff is requesting direction on possible modifications to Mobile Vendor Regulations.
BACKGROUND:
The Sanger Code of Ordinance regulates Mobile Vendors through Chapter 70 – Traffic and Vehicles, Article III, Parking, Sections 70-64 through 70-79. These regulations can be described as inte nded to provide meal services during breaks at large industrial employers. Unpermitted Mobile Vendor activity has increased in the City of Sanger and requires significant Code Enforcement attention. Staff have received inquiries regarding mobile vendor regulations from operators facing citation, prospective operators looking to comply with regulations, and the public. The City Council has also expressed interest in reviewing Mobile Vendor Regulations.
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Mobile Vendors have historically been seen as competing with brick -and-mortar restaurants. Mobile Vendors have become increasingly popular and prevalent as part of the food and beverage industry over the past decade. Mobile food vendors can be beneficial for local economic development as they can provide low -cost and low -barrier business opportunities for food entrepreneurs. All of these perspectives should be considered when determining when evaluating Mobile Vendor regulations.
In general, staff support increasing opportunities for Mobile Vendors on private property. Staff is requesting direction on possible modifications to Mobile Vendor Regulations. Possible options are to schedule further City Council discussion, schedule Planning Commission discussion, or to initiate an Ordinance Amendment.
REASON FOR RECOMMENDATION:
Staff have received inquiries regarding mobile vendor regulations and the City Council has expressed interest in reviewing Mobile Vendor Regulations. Staff is requesting direction on possible modifications to Mobile Vendor Regulations.
FISCAL IMPACT:
No impact.
ALTERNATIVES:
The City Council may not direct staff to initiate modifications to Mobile Vendor regulations.
ACTIONS FOLLOWING APPROVAL:
Staff will initiate City Council direction, schedule further City Council discussion, schedule Planning Commission discussion, initiate an Ordinance Amendment, or as otherwise directed. 256