Sanger City Council
September 5, 2024

AVAILABLE FOR REVIEW 72 HOURS

PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S

OFFICE AND THE SANGER CITY HALL
LOBBY.

AGENDA

SANGER CITY COUNCIL

REGULAR MEETING
THURSDAY, SEPTEMBER 5, 2024
6:00 PM

COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
Prior to action by the Council on any item on this agenda, the public may comment on that item.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.

The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Co uncil Members are also required to make such disclosures and recuse themselves.

Conflicts of Interest. Council Members are required to disclose conflicts of interests and recuse themselves.

A. CALL TO ORDER
B. OP

ENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGE

NDA APPROV AL, ADDITIONS AND/OR DELETIONS
1 City Council Agenda
September 5, 2024

D. PRESENTATIONS

1. The CrisCom Company Report to Council.

2. Measure S Grantee Reports.
a. Boys & Girls Club
b. SAM Academy
c. Set Free Sanger

E. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address.

The Council is prohibited by law from taking action on items not on the agenda.)

F. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)

1. SUBJECT: Minutes of the Special Meeting and Regular Meeting held on August 15, 2024.

RECOMMENDATION: That the City Council approve.

2. SUBJECT: Well No. 16 F inal Acceptance.

RECOMMENDATION: That the City Council accept the work for the Well 16 Project in the amount of $1,340,188.88, and authorize recordation of the Notice of Completion with the Fresno County Recorder.

3. SUBJECT: Bethel Avenue Rehabilitation – Jensen Avenue to Northern City Limits Contract Award.

RECOMMENDATION: That the City Council:

1. Award the contract for the project to Emmett Valley Construction, Inc., 9662 W. Kearney Blvd, Fresno, CA 93706, in the amount of $1,637,673.80, as lowest responsive and responsible bidder; and

2. Approve a construction contingency for change orders in the amount of $163,000 (10%0 for this project; and

3. Authorize the City Manager to sign contract documents on behalf of the City; and

4. Approve a Budget Amendment in the amount of $150,000.

2 City Council Agenda
September 5, 2024

4. SUBJECT: Ratify Agreement for Repair of North Digester Sludge Heater – WWTP.

RECOMMENDATION: That the City Council ratify the agreement between the City of Sanger and California Boiler to repair the north sludge heater of the digester at the Wastewater Treatment Plant in the amount of $97,860.49.

5. SUBJECT: Participation in the Medi-Cal Intergovernmental Rate Range Program.

RECOMMENDATION: That the City Council approve the following contracts:
• Intergovernmental Agreement re: Transfer of Public Funds between the City of Sanger and the California Department of Health Care Services; • Health Plan Provider Amendment between the City of Sanger and Anthem Blue Cross;
• Health Plan Provider Agreement between the City of Sanger and Cal -Viva Health.

6. SUBJECT: Acceptance of Grant Funding from the Department of Alcoholic Beverage Control and Related Budget Amendment.

RECOMMENDATION: That the City Council adopt Resolution No. 2024- 58 accepting a grant for FY 2024/2025 from the Department of Alcoholic Beverage Control and approving a budget amendment to add $28,000 to the FY 2024/2025 budget.

7. SUBJECT: Declaration of Police Service Dog as Surplus Property.

RECOMMENDATION: That the City Council approve Resolution No. 2024-59 declaring Police Service Dog Rocky as su rplus property and authorizing the City Purchasing Agent to dispose of said property by selling the dog to City of Clovis for the amount of $10,000.

8. SUBJECT: Ratification of Vehicle Lease Agreement with Enterprise Fleet Management.

RECOMMENDATION: T hat the City Council ratify a Master Equity Lease Agreement with Enterprise FM Trust, A Delaware statutory trust (“Enterprise Fleet Management”) through July 2026 relating to the lease of two Police Department vehicles.

9. SUBJECT: Letter of Support – Self Help Enterprises ’, Cherry Crossing II Affordable Rental Housing Project.

RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the Letter of Support for Self -Help Enterprises’ Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657.

3 City Council Agenda
September 5, 2024

10. SUBJECT: V acation 2024-01, Summary Vacation of an Excess Portion of Right-of-Way located on the southwest corner of North Avenue and Industrial Way.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-60 approving V AC 2024-01, a summary vacation of an excess portion of right-of-way located on the southwest corner of North Avenue and Industrial Way, 1815 Industrial Way, APN 332 -190-49, and finding the project is exempt according to CEQA Guidelines Section 15061(b)(3), which is the “ general rule” or “common sense” exemption.

11. SUBJECT: Part-Time Senior Center Coordinator Position.

RECOMMENDATION: That the City Council approve a part -time Senior Center Coordinator position to assist with the Fresno -Madera Area Agency on Aging (FMAAA) Senior Meal Program and other Senior Center Programming.

G. PUBLIC HEARING

1. SUBJECT: Consideration of the 2023-2031 Housing Element.

RECOMMENDATION: That the City Council conduct a public hearing and adopt Resolution No. 2024-61, approving the following actions:

1. Approving Housing Element Update CEQA Exemption Technical Memorandum and Environmental Assessment “ common sense ” exemption under State CEQA Guidelines Section 15061(b)(3);

2. Adopting the 2023-2031 City of Sanger Housing Element, as required by State law;

3. Directing City staff to submit the adopted 2023- 2031 Housing Element to the Department of Housing and Community Development (HCD) for certification;

4. Authorizing City staff to make minor administrative edits to the adopted 2023-2031 Housing Element, as may be required for certification.

H. DEPARTMENT REPORTS

1. SUBJECT: Memorandum of Understanding (MOU) between the City of Sanger (City) and Sanger Police Officers Association (SPOA).

RECOMMENDATION: That the City Council approve the MOU between the City and SPOA for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

2. SUBJECT: Memorandum of Understanding (MOU) between the City of Sanger (City) and I.U.O.E. Stationary Local 39 (Local39).

RECOMMENDATION: That the City Council approve MOU between the City and Local 39 for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.
4 City Council Agenda
September 5, 2024

3. SUBJECT: Memorandum of Understanding (MOU) between the City of Sanger (City) and Sanger Middle Management Organization (Mid Management).

RECOMMENDATION: That the City Council approve the MOU between the City and Mid Management for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

4. SUBJECT: Compensation Changes for Unrepresented Confidential Group and Unclassified Executive Management Positions.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-62 approving a 5% increase effective July 1, 2024 and establishing Christmas Eve as a paid holiday for all Unrepresented Confidential employees and Unclassified Executive Management positions; and

2. Approve the updated Confidential/Unrepresented Group Compensation and Benefits Summary for FY 2024/2025.

I. CITY MANAGER/STAFF COMMUNICATION

J. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, and to initiate new agenda items. Under this section, the Council may take action only on any items specifically agendized and which meet other requirements for action.)

K. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 30th day of September 2024.

Rebeca Padron, City Clerk

5 City Council Agenda
September 5, 2024

ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this C ouncil meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876- 6300 extension 1350 so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.

TRANSLATION SERVICES. Translation services in Spanish will be provided upon request.

NOTICE OF A V AILABILITY OF AGENDA DOCUMENTS. Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.

6 THURSDAY, AUGUST 15, 2024
5:00 PM

COUNCIL CHAMBER
1700 7th Street
Sanger, CA 93657
A. CA

LL TO ORDER
The
City Council called their Special Meeting to order at 5:02 pm.

B. RO

LL CALL
Pr
esent: Mayor Frank Gonzalez, Council Member Michael Montelongo, Council Member Dolores Melendez

Absent: Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado C. AGENDA AP
PROVAL
The
Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Council Member Melendez and approved by the following vote:

AYES
: GONZALEZ, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ, HURTADO
D. PUB

LIC FORUM
None
.

E. CL

OSED SESSION
The
Council adjourned to Closed Session at 5:04 pm.

1. Pur
suant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager, Assistant City Manager, and City Clerk/Deputy Personnel Officer
a. Employee Organization: S anger General Employees Organization, Sanger Middle Management Organization, Sanger Firefighters Association, Sanger Police Officers Association, Stationary Engineers Local 39
b. Unrepresented Employees: Assistant City Manager, City Clerk/Deputy Personnel Officer, Community Development Director, Fire Chief, Police Chief, Public Works Director
Minutes of a Special Meeting of the Sanger City Council F-1
7 City Council Special Meeting Minutes
August 15, 2024

Mayor Pro Tem Martinez and Council Member Hurtado arrived at approximately 5:10 pm and joined the Council in Closed Session.

F. CITY ATTORNEY REPORT FROM CLOSED SESSION

City Attorney Hilda Montoy announced no reportable action was taken in Closed Session.

G. ADJOURNMENT

The Council adjourned their Special Meeting at 6:00 pm.

ATTEST:

Rebeca Padron, City Clerk

8 Minutes of a Regular Meeting of the Sanger City Council

THURSDAY, AUGUST 15, 2024
6:00 P.M.

COUNCIL CHAMBER
1700th Street, Sanger, California 93657

A. CALL TO ORDER

The City Council called their meeting to order at 6:00 pm.

B. OPENING CEREMONIES

The invocation was offered by Pastor Paul Canaday.

The flag salute was led by Mayor Frank Gonzalez.

Roll Call

Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez

Absent: None

C. AGENDA AP

PROVAL, ADDITIONS AND/OR DELETIONS

The Council by motion of Council Member Montelongo deleted Agenda Item D-1 and approved the agenda as amended. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

D. CEREMONIAL MATTERS

1. DELETED - Recognition of Golden Bridge International Pet Brands & Service Corp.

9 City Council Regular Meeting Minutes
August 15, 2024

E. P RESENTATIONS

1. Fire Chief Greg Tarascou introduced new Firefighters Christian Mendoza and Matthew Tiqui and newly promoted Firefighter Justin Lang.

F. P UBLIC FORUM

Jacob Zailian provided comment regarding homeless encampments and asked the Council to consider placing an item on an agenda to make it illegal to have encampments and to talk about a resolution for gang and drug prevention.

Maria asked the Council not to forget about forget alleys because they are getting nasty again and kids play there.

Kelly Bains, resident of Sanger for 60 years and a homeowner for 40, stated that she understands that Measure S is important but there are people in town that are rallying to vote no. She stated she is still on the fence because there has been no accountability.

Osvaldo Vera presented a picture to the Council of a recent boxing event and stated that Measure S should provide prevention for the kids.

Unidentified audience member stated that there are people out talking about Measure S and some came to a Council meeting before the resolution was submitted to the County and warned to at least consider non-profits.

G. C

ONSENT CALENDAR

The Council by motion of Mayor Pro Tem Martinez approved the following items on the Consent Calendar:

1. S UBJECT: APPROVED - Minutes of the Special Meeting and Regular Meeting held on August 1, 2024.

2. S
UBJECT: REVIEWED - Warrants including Check Nos. 92315 through 92537.

3. S
UBJECT: APPROVED - Payroll including Direct Deposit Nos. 63572 through 63815; Payroll Check Nos. 59715 through 59767; and Benefit Check Nos. 2012 through 2019.

4. S
UBJECT: INFORMATIONAL ITEM - Police Department Monthly Report.

5. S UBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report.

10 City Council Regular Meeting Minutes
August 15, 2024

6. S UBJECT: APPROVED - Final Acceptance – North and Greenwood Sewer Manhole Reconstruction.

The City Council:

1. Accepted the work for the North and Greenwood Sewer Manhole Reconstruction Project in the amount of $93,307.41; and

2. Authorized recordation of the Notice of Completion with the Fresno County Recorder.

7. S
UBJECT: APPROVED - Measure C Extension Local Transportation Program Funds.

The City Council approved Resolution No. 2024- 5 3 certifying eligibility and claiming Measure C Extension Local Transportation Program Funds for Fiscal Year 2024-2025 and authorized the City Manager to sign and submit the Fiscal Year 2024-2025 claims.

8. S
UBJECT: APPROVED - Investment Policy.

The City Council adopted Resolution No. 2024-54 updating the Investment Policy for Fiscal Year 2024-2025 and superseding Resolution No. 2024-39.

The motion was seconded by Council Member Melendez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

H. D

EPARTMENT REPORTS

1. S UBJECT: APPROVED - Reorganization of City Clerk/Human Resources Department.

P
ublic comment:

Unidentified audience member suggested new employees should start at Step 1 of the salary range to allow for progression to next steps based on knowledge.

The City Council by motion of Council Member Montelongo:

1. Adopted Resolution No. 2024-55 establishing new Administrative Analyst, City Clerk/Executive Assistant, Human Resources Analyst, and Human Resources Manager positions; setting salary ranges for the positions; and amending the job descriptions for Assistant City Manager/Administrative Services Director and Human Resources Technician; and

11 City Council Regular Meeting Minutes
August 15, 2024

2. Adopted Resolution No. 2024-56 designating Unrepresented/Confidential employees and establishing compensation and benefits for Unrepresented/Confidential employees; and

3. Adopted Resolution No. 2024-57 updating the Fiscal Year 2024-25 Master Salary Table.

The motion was seconded by Council Member Melendez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

J. C

ITY MANAGER/STAFF COMMUNICATION

City Manager Nathan Olson announced:

• Congratulated City Clerk on upcoming retirement.
• The digester rehab equipment is arriving and work will start in about a week. • The staff and crews are looking after the wells and noticing there are not many water issues this year.

K. R

EPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS

Mayor Pro Tem Martinez
• Congratulated City Clerk on upcoming retirement.
• Thanked City Manager for the update on the water pressure. • Stated that he received updates from City Engineer regarding Tombstone and the stop light.

Council Member Hurtado
• Requested a consensus from Council to place an item on a future agenda prior to the elections to consider a resolution for funding non-profit groups with public safety tax measure funds. No consensus was given.
• Requested an update on the food truck ordinance.

Council Member Montelongo
• Thanked City staff for taking care of calls and the water pressure issue. • Thanked the Police Department staff for taking care of the issue with the tractor/trailed parking on Almond Avenue.
• Stated that City Manager Olson sent an email with information about things that need to get done before adopting an ordinance regarding encampments. • Requested and received consensus to have staff look at implementing a volunteer program such as Adopt a Block to help with cleaning downtown and planting flowers. 12 City Council Regular Meeting Minutes
August 15, 2024

• Requested crosswalk repair at corner of Almond, Bethel, and Cherry Avenues.

Council Member Melendez
• Requested an update regarding the track at JFK Park.

Mayor Gonzalez
• Met with representatives and investors of GBI. They are planning to build another plan that may add more manufacturing jobs, and toured Pitman Farms. • Clarified that Measure S continues to allow for non-profit funding and will continue if Measure R passes.

L. ADJ

OURNMENT

Being no further business, the Council adjourned their meeting at 6:59 pm.

ATTEST:

Rebeca Padron, City Clerk
13 Prepared by: Joshua Rogers___ Approved by: ________________________

REVIEW: City Manager: ______ Finance: ___MS____ 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: September 5, 2024
Agenda Item No.: F-2

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Well No. 16
Final Acceptance

Attachments:

1. Notice of Completion

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the work for the Well 16 Project in the amount of $1,340,188.88; and

2. Authorize recordation of the Notice of Completion with the Fresno County Recorder.

EXECUTIVE SUMMARY:

The contractor, Telstar Instruments, has completed all improvements for the subject project to the satisfaction of the City Engineer.

BACK
GROUND:

This project was initiated under the authority of Resolution No. 2021- 58, which declared a Municipal Water Emergency in response to several factors which affected the City’s Water System to a point of insufficient capacity. While other well projects were in development, the anticipated timelin es of completion of those wells, and the need for immediate bolstering of the City’s water supply , necessitated the improvement of Well 16 to provide additional capacity for the system.

14 The well had previously been drilled and developed a couple years e arlier but the final capacity of the production well was considerably below that which had been estimated based on the test well (approximately 25-30% of the estimated capacity). Based on the estimated costs to fully equip the well compared to the anticip ated production capacity of the well, the decision was initially made to forego equipping the well and bringing it into operation.

In the following years though, a combination of declined production from other wells and a series of mechanical and electrical failures at other well sites resulted in periods of peak demand when water pressures and flows within the water system were extremely low, posing problems for residents and businesses alike. Because future wells (i.e. #19 and 22) were still years out based on land acquisition, funding, drilling/testing and construction, the decision was made to equip Well 16 and bring it online as quickly as possible. City Staff worked with one of its contract vendors, Telstar Instruments, to start the process of ordering long -lead electrical equipment and applying for PG&E service. In March of 2022 the Council approved a contract with Telstar to construct all site improvements. The contract was based on Time and Material, as the work was being planned as emergency work.

Staff worked with Telstar to inspect and track their labor and material costs, and the well was eventually brought online in September of 2022. In conjunction with the reinstatement of a well (Well #6) that was down for mechanical reasons at the time , the increased water supply resulted in an immediate pressure boost of 10 pounds per square inch (psi) in the water system. With the well online, Telstar and City Water Department staff worked intermittently on punchlist work where possible. The flow meter on the well was determined to be faulty, and a replacement order was placed, but supply chain issues delayed the delivery. Once procured, replacement of the meter required the well to be taken offline. Since the well’s production was so critically ne eded, the decision was made not to replace the meter until demands were down to a point where the well could be shut down. Other minor tweaks and modifications were made to the site over time as well until it was determined to be complete. At this time, Staff is recommending final acceptance of the improvements.

REASON FOR RECOMMENDATION:

The project construction work has been completed by the Contractor to the satisfaction of the Ci ty Engineer.

FISCAL IMPACT:

The final construction contract cost is $1,340,188.88, which was funded from a combination of ARPA and Water Enterprise Reserve Funds.

ACTIONS FOLLOWING APPROVAL:

The Notice of Completion will be recorded with the Fresno County Recorder. 15 ATTACHMENT 1

16 RECORDING REQUESTED BY AND MAIL TO:

NAME: CITY CLERK, CITY OF SANGER

STREET: 1700 7TH STREET

CITY & STATE: SANGER, CA 93657

Exempt from fee per Government Code 6103
Exempt from fee per Government Code 27383

NOTICE OF COMPLETION

1. The City of Sanger, a municipal corporation, 1700 7th Street, Sanger, California, is the OWNER of the property hereinafter described.

2. The name of the Contractor who caused the work of improvement to be done is Telstar Instruments.

3. The property on which the work of improvements was accepted is located at the intersection of 8th Street and Quality Avenue in Sanger, CA.

4. The work for the Well 16 Improvements Project included the equipping of a municipal water well, including pump, motor, electrical and site improvements.

5. The work of improvements as described herein was completed by the Contractor on July 1, 2024 and accepted by Sanger City Council on September 5, 2024.

CITY OF SANGER, a municipal corporation

________________________________
Joshua D. Rogers, City Engineer

I, the undersigned say; I am the person who signed the signed notice. I have read the above notice and know its contents, and the facts stated therein are true by my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Sanger, California, this 5
th day of September, 2024.

Joshua D. Rogers, City Engineer
17 Prepared by: Joshua Rogers____ Approved by: ________________________

REVIEW: City Manager: ______ Finance: ___MS____ 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: September 5, 2024
Agenda Item No.: F-3

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Josh ua Rogers, City Engineer
Subject: Bethel Avenue Rehabilitation – Jensen Avenue to Northern City Limits Contract Award

Attachment:

1. Contract

2. Budget Amendment

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council:

1. Award the contract for the project to Emmett Valley Construction, Inc., 9662 W.

Kearney Blvd, Fresno, CA 93706, in the amount of $1,637,673.80, as lowest responsive and responsible bidder; and

2. Approve a construction contingency for change orders in the amount of $ 163,000 (10%) for this project; and

3. Authorize the City Manager to sign contract documents on behalf of the City.

4. Approve a Budget Amendment in the amount of $150,000.

EXECUTIVE SUMMARY:

This federally-funded project will construct roadway improvements , including pavement reconstruction and upgrade of curb ramps for ADA compliance on Bethel Avenue between Jensen Avenue and the northern City Limits. The project will also install bicycle lanes along the entire route. 18 \\nas1\shared\Forms & Templates

BACKGROUND:

The City was awarded competitive federal transportation funding for the subject project through the Surface Transportation Block Grant (STBG) program during the Fresno County Call for Projects in 2021. That program is primarily dedicated to road rehabilitation and maintenance projects and the City’s project was identified as one of the top-ranked projects in the region during that cycle.

The project scope includes asphalt dig -outs to remove the failed portions of the roadway pavement, which are generally located in the wheel paths of the t ravel lanes, followed by grinding of the top pavement course over the entire project limits, placement of a pavement reinforcing mat and construction of an asphalt overlay over the entire roadway. Existing curb ramps along the segment will be upgraded for ADA compliance, and bicycle lanes will be installed throughout.

The City received the authorization from Caltrans to advertise for bids in July 2024. During the project bidding phase, the Notice Inviting Bids was advertised in the Mid Valley Times and c irculated in the local builders’ exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.

On August 21, 2024 the City Clerk received and opened four bid proposals for this project:

C
ontractor Bid

1. Emmett Valley Construction, Inc. $1,637,673.80

2. R.J. Berry, Jr, Inc. $1,674,312.55

3. Granite Construction Co. $1,867,468.41

4. Cal Valley Construction $1,899,590.21

Engineer’s Estimate $1,531,000.00

The bids were analyzed and it was determined that Emmett Valley Construction, Inc. submitted the lowest responsive and responsible bid and as such, Staff recommends that they be awarded the contract.

REASON FOR RECOMMENDATION:

Award of the contract will allow the City to proceed with the project.

FISCAL IMPACT:

The low bid exceeded the engineer’s estimate at the time of bid by approximately $107,000. The estimated cost for the construction phase of the project is $2,025,000, as detailed below:

• Construction - $1,637,673
• Construction Contingency - $ 163,000
• Construction Management/Inspection/Testing/Admin - $ 224,327

The project is being funded by a combination of federal STBG and local TDA Article 8 funds. There are $1,126,256 of federal funds available. The remainder is to be funded by Article 8. With the low bid exceeding the engineer’s estimate, the total project is estimated to exceed the amount budgeted in FY 25 19 \\nas1\shared\Forms & Templates

by approximately $150,000. Included in this staff report is a budget amendment for an additional $150,000 from Article 8 funds. The additional funds are planned from fund reserves in this year’s budget.

ALTERNATIVES:

The Council can reject all bids and direct Staff to re-bid the project.

ACTIONS FOLLOWING APPROVAL:

The contract will be executed, subject to the Contractor providing performance security satisfactory to the City. After issuance of the Notice to Proceed, the Contractor will have 45 working days to complete the project.

20 \\nas1\shared\Forms & Templates

ATTACHMENT 1
21 CONTRACT

THIS CONTRACT, is made by and between Emmett Valley Construction, Inc., hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner.

W
I T N E S S E T H:

The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:

1. S
COPE OF WORK.

The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen and laborers required for the

BETHEL AVENUE REHABILITATION FROM

JENSEN AVENUE TO NORTHERN CITY LIMITS
Federal Aid Project No. HIPSTPL-5197(045)

as shown on the plans prepared by Yamabe & Horn Engineering, In c., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.

2. C
ONTRACT DOCUMENTS .

The term Contract includes all “Contract Documents” which include the following:

A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications ¹
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract

In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.

3. C
OMPENSATION.

The Owner agrees to pay the Contractor for the performance of the Contract the sum of One million six hundr
ed thirty-seven thousand six hundred seventy-three dollars and eighty cents ($1,637,673.80).
___________________________________________________________________________ ¹ This Contract shall be subject to the Claims Resolution Process under Public Con tract Code Section 9204 which is effective January 1, 2017; contrary language in Standard Specifications is superseded by said Section 9204. 22 It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor’s Proposal hereto attached.

4. S
USPENSION OF THE WORK.

A. G eneral : The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.

B. A
rchaeological and Paleontological Discoveries : If discovery is made of items of archaeological or paleon tological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.

5. T
ERMINATION OF THE CONTRACT FOR DEFAULT .

A. G eneral : If, prior to the acceptance of the Work, the Contractor:

(1) Becomes insolvent, assigns its assets for the benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work; (2) Abandons the Work by failing to report to the Work site and diligently prosecute t he Work to completion;
(3) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.

B. N
otices : Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:

23 (1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work si te; or

(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

C. N
otice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.

D. Notice of Termination for Default: I
f the Contractor fails to commence satisfactory
corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(1) W
ill terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.

The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

E. R
esponsibilities of the Surety : Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fa ils to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety 24 if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.

If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.

F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.

6. T
ERMINATION OF THE CONTRACT FOR CONVENIENCE.

The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.

A. N
otice: The Owner will issue a written notice of termination for convenience as follows:
(1) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

B. C
essation of Work: Upon receipt, the Contractor shall immediately ce ase work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

C. Payment:

The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(3) Reasonable expenses directly attributable to termination.

25 The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, by the Owner upon written request by the Contractor.

If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.

7. DE
LAYS AND EXTENSIONS OF TIME.

A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather, or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.

No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence o f the Contractor’s operations and the approved construction schedule.

If delays beyond the Contractor’s control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.

The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract.

If delays beyond the Contractor’s control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.

B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.

C. Payment for Delays:

Pursuant to Public Contract Code Section 7102, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.

Such actual costs will be determined by the Engineer. The Owner will not be liable for damages which the Contractor could have avoided by any reasonable mans, such as 26 judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer.

D. W ritten Notice and Report : If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.

Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.

E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion of the Work within the time specified as in the Contract or the Special Provisions for such portion.

Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.

F. Contract Time Accounting :

The Engineer will make a daily determination of each
Working Day to be charged against Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period.

The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.

8. COMPLETION, ACCEPTANCE, AND WARRANTY.

A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.

B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor’s performance of the Contract be accepted.

C. Warranty:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 2 years. The warranty period shall start on the date the Work was completed as determined by the Engineer.

The warranty period for specific items covered under manufacturers ’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.

27 All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the Contract.

The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.

9. L
IQUIDATED DAMAGES.

Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.

Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

10. IN

DEMNIFICATION
To the maximum extent permitted by Civil Code Section 2782 et seq ., Owner shall not be liable for, and Contractor shall defend, indemnify, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively “Owner Parties”), against any and all claims, deductibles, self -insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively referred to as “Claims”), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.

However, Contractor shall have no obligation to defend or indemnify Owner Parties against Claims caused by the active negligence, sole negligence, or willful misconduct of Owner Parties.

This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor.

11. I
NSURANCE.

Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout 28 the entire term of this Contract, the following -described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers’ compensation and employer’s liability insurance, the Owner, its officers, agents, and employees of each of them:

A. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

(1) Insurance Services Office Commercial General Liability coverage (Occurrence form CG 0001).

(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

(3) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. MINIMUM LIMITS OF INSURANCE

Contractor shall maintain limits no less than:

(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.

(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

(3) Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retentions must be declared to and approved by the Owner.

At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. OTHER INSURANCE PROVISIONS

The general liability and automobile liability policies are to contain, or b e endorsed to contain, the following provisions:

(1) The Owner, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of 29 the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the O wner, its officers, officials, employees, agents, or volunteers.

(2) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the Owner, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents, or volunteers.

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

(5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Owner.

E. ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less the A:VII.

F. VERIFICATION OF COVERAGE

Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.

All endorsements are to be received and approved by the Owner before work commences.

As an alternative to the Owner’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

G. SUBCONTRACTOR

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Contractors Property Damage Liability insurance shall include coverage for property 30 damage caused by blasting, collapse, structural injuries, or damage to underground utilities.

The policy shall not contain “x”, “c” or “u” exclusions.

Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner’s approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.

12. W
ORKERS COMPENSATION.

Contractor represents that he or she has secured the payment of Worker’s Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker’s Compensation Insurance is in effect and providing that t he Owner will receive ten (10) days written notice of cancellation. If the Contractor self -insures Worker’s Compensation, Certificate of Consent of self-insured shall be provided the Owner.

13. BONDS.

The Contractor shall forthwith furnish in triplicate two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the work (hereafter “Performance Bond”). The second bond shall serve as security for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter “Payment Bond”). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.

The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 730 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attorneys’ fees to be fixed by the court.

14. D
EFECTIVE MATERIALS; DEFECTIVE WORK .

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and 31 the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated.

The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred by reason of the said failure or refusal.

15. L
ABOR STANDARDS.

A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.

B. Wages:
(1) G
eneral : The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rat e established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wag e listed for the classification which most nearly corresponds to the type of work to be performed.
(2) State:

The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.

These wage rates are maintained on file by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement:

These wage rates shall be enforced under Sections 1770 through 1780 of the California Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: E ach Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certified payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.
32 C. Preference for Resident Labor : Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.

D. Hours of Labor: P ursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.

Failure of the Contractor to perform the work in accordance with this policy of the State of California shall be deemed a failure to comply with the provisions of this Contract.

E. Overtime Work: I
n accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty -five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections 1810-1815.

Overtime and shift work may be established as a regular procedure by the Contractor with r
easonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.

F. A
pprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements ma
y be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.

G. C ompliance with SB 854: California Labor Code: Contractor represents t hat it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) N
o contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]
33 (2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
(3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(4) No bid proposals will be accepted, nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor’s responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement (“Labor Commissioner”) as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.

LAWS, REGULATIONS AND PERMITS.

H. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules, and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor.

If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly notify the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule, or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.

I. Permits and Licenses :

Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution of the work and the subsequent guarantee period shall be secured and paid for by the Contractor.

Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.

J. Patents and Royalties :

The costs involved in fees, royalties or claims for any patented invention, article, process, or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents, and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims.

Should the Contractor, agent, e
mployee or any of them be enjoined from furnishing or
using any invention, article, material or plans supplied or required to be supplied or used 34 under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents, and employees or any of them, to use such invention, article, material, or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

16. C
ALIFORNIA LAW AND VENUE.

The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather than voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.

17. M
UTUAL NEGOTIATION.

Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.

18. AT
TORNEY’S FEES .

In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.

19. FH
WA -1273

The Contractor agrees to comply with all provisions of Form FHWA -1273, “Required Contract Provisions, Federal -aid Construction Contracts” that apply to this project which is attached herewith.

20. F

EDERAL WAGE DETERMINATION

The Contractor shall utilize Federal Wage Determination _______________ for this project which is attached herewith.

35 IN WITNESS WHEREOF, the parties have executed this Contract as set forth below

CITY OF SANGER
EMMETT VALLEY CONSTRUCTION, INC.
(OWNER) (CONTRACTOR)

By: B
y:

Nathan Olson, City Manager

Date: T
itle:

D ate:

Approved as to Form:

Federal Taxpayer I.D. No.

City Attorney

Date:

36 \\nas1\shared\Forms & Templates

ATTACHMENT 2

37 \\nas1\shared\Forms Templates
City of Sanger Accounting Use Only
Fiscal Impact of Proposed Resolution and Budget Adjustment Number:

Budget Adjustment approved by Council
Resolution Number:

Date: 27-Aug-24
Reason for change in appropriation: Increased appropriation due to construction bids Estimated Additional Appropriations:

Fund Dept. Prgm Object Appropriation
Fund Name No. No. No. No. Amount
Bethel Avenue Rehab - Jensen to Northern City Limits 212 070 101 7629 150,000.00$ Total Requested Appropriation: 150,000.00$
Current 2024-2025 Appropriation: 750,000.00$
Adjusted Total Appropriation: 900,000.00$
Estimated Revenues Available:

Fund Dept. Prgm Object Est. Revenue
Fund Name No. No. No. No. Amount
TDA Article 8 212 1101 (150,000.00)$
Total Estimated Additional Revenue: (150,000.00)$
Current 2024-2025 Estimated Revenue:

Adjusted Total Estimated Revenue: (150,000.00)$
Signature ______________________________________________________________ Date: ___________________ Director's Signature ________________________________________________ Date: ___________________ Finance Director's Signature _____________________________________________________Date: ___________________ 38 Prepared by: __Esperanza Rosales _ Approved by: ________________________

REVIEW: City Manager: ______ Finance: ___MS____ 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: September 5, 2024

Agenda Item No.: F-4

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Esperanza Rosales, Public Works Director
Subject: Ratify Agreement for Repair of North Digester Sludge Heater - WWTP

Attachments: 1) Contractor Agreement and Quote California Boiler

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council ratify the agreement between the City of Sanger and California Boiler to repair the north sludge heater of the digester at the Wastewater Treatment Plant in the amount of $97,860.49.

EXECUTIVE SUMMARY:

The City’s Domestic and Industrial Wastewater Treatment Plant are undergoing critical maintenance.

Currently, the north sludge heater is out of service and in need of repair. Public Works staff secured a repair quote from California Boiler in the amount of $97,860.49 with a lead time of 6-8 weeks for parts and an estimated project duration of 3-5 weeks. On August 15, 2024, City Manager Nathan Olson approved an agreement with California Boiler to begin service of the north sludge heater under Resolution No. 2024-48 Determination of Emergency at Wastewater Treatment Facility. Until the north sludge heater is repaired, the south sludge heater will support both domestic and industrial sludge heating needs.

BACKGROUND:
39 On July 18, 2024, City Manager Nathan Olson declared an emergency at the Sanger Domestic/Industrial Wastewater Treatment Facilit ies requiring emergency repairs. Resolution No. 2024 -48 provides for procurement without competitive bidding for emergency purchases and contracts for supplies, materials, equipment, and services when the purchase is required for health, safety, or welfare of the public, or for the protection of property if there is a present, immediate, and existing emergency, and that such emergency procurements shall be made with such sol icitation of competitive pricing as practicable under the circumstances. The repairs to the north sludge heater are a vital part of the City’s ongoing efforts to safeguard the health and safety of its residents and maintain the operational integrity of the Wastewater Treatment Plant. The Sanger City Council Approved Resolution 2024-48 which authorizes the City Manager to execute contracts /agreements for emergency repair work under the Determination of Emergency up to $200,000 without City Council action. The current agreement between the City of Sanger and California Boiler does not exceed that threshold.

Any additional costs that arise during the inspection process or installation will be addressed as appropriate.

There is a 6 – 8 weeks lead-time for parts and the actual expected job timing is 3 -5 weeks. In the meantime, staff are utilizing the south sludge heater to heat both domestic and industrial sludge.

REASON FOR RECOMMENDATION:

The digester is a critical part of the domestic and industrial sludge treatment process. The unit is aged and in need of repair. Currently the heating of sludge is only being handled by one boiler unit and there is no redundancy. An agreement was signed between the City of Sanger and California Boiler to repair the north sludge heater of the digester, as it is vital and necessary to safeguard the public health and safety.

FISCAL IMPACT:

The total fiscal impact of the cleaning of north sludge heater is not to exceed $ 97,860.49 and appropriation will be included in Sewer Fund Budget. Once the entire north heating unit is disassembled, there may be more repairs to be performed and those additional costs will be addressed appropriately and billed on a time and material basis.

ALTERNATIVES:

The digester’s north sludge heater w ill be out of service until repaired. There is a possibility of non- compliance with the State permit to operate if the south sludge heater fails in the future.

ACTIONS FOLLOWING APPROVAL:

Upon approval, the agreement will be filed per normal document retention with the City Clerk.

40 ATTACHMENT 1

41 CONTRACTOR AGREEMENT BETWEEN THE CITY OF' SANGER

AND CALIFORNIA BOILER
THIS AGREEMENT is made on July 18, 2024, by and between the CITY OF SANGER, a municipal corporation of the State of Califomia, ("City") and CALIFORNIA BOILER (ooContractor").

RECITALS
A. The City operates domestic and industrial wastewater treatment plants utilizing sludge heaters at the Corporation Yard. Currently, the south sludge heater located on the digester failed, leaving only the north heater with no redundancy. The digester is a critical part of the effluent treatment process. The City sought out contractors to do the repairs/replacement and requested quotes.

B. Contractor submitted a quote and represented that it is qualified, able, and willing to provide the necessary services under this Agreement.

C. After review and consideration, City desires to enter a contract with Contractor to provide said services.

AGREEMENT
NOW, THEREFORE, the parties incorporate the foregoing recitals and agree as follows:
l. Services. Contractor agrees to perform the services herein set forth at the compensation and upon the terms and conditions herein expressed, and Contractor hereby agrees to perform such services for said compensation, and upon said terms and conditions City hereby authorizes Contractor to commence work on July 18,2024.

2. duties and ities It shall be the duty, obligation
and responsibility of the Contractor, in a skilled and professional manner, to perform, furnish and supply to the City the services and supplies in accordance with the service requirements set forth in EXHIBIT A titled "California Boiler Quote No. 0009550" attached hereto and incorporated by reference.

3. Compensation.

A. Payment. Contractor shall provide an invoice to the City for Services completed. Compensation shall be made for Services identified in the invoice that the City in its sole discretion, concludes has been satisfactorily performed. Payment shall be made within thirty (30) calendar days of receipt of the invoice unless the City notifies the Contractor that a dispute as to the invoice exists. Compensation for this Agreement shall not exceed ninety-seven thousand eight hundred sixty dollars and forty-nine cents ($97,860.49.)
B. Payment Limited to Satisfactory_Services. Payments to Contractor by City

42 shall not excuse Contractor from its obligation to replace unsatisfactory deliverables, including equipment, components, materials, or services even if the unsatisfactory character of such deliverables, equipment, components, materials, or Services may not have been apparent or detected at the time such payment was made. Deliverables, equipment, components, materials, and services that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay at no cost to the City.

C. Withhold Payments. If Contractor fails to provide Services in accordance with Contractor's obligation under this Agreement, the City may withhold any and all payments due Contractor until such failure to perform is cured, and Contractor shall not stop work as a result of the City's withholding of payments as provided herein.

D. Audit and Inspection of Records. Contractor agrees to maintain and make available to the City, during regular business hours, accurate books and accounting records relating to its Services. Contractor will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoiceso materials, payrolls, records or personnel and other data related to all other matters covered by this Agreement, whether funded in whole or in part under this Agreement. Contractor shall maintain such data and records in an accessible location and condition for a period of not fewer than five years after final payment under this Agreement or until after final audit has been resolved, whichever is later. The State of California or any Federal agency having an interest in the subject matter of this Agreement shall have the same rights as conferred upon City by this Section. Contractor shall include the same audit and inspection rights and record retention requirements in all subcontracts.

4. Effective Date and Term of Aereement. This Agreement shall be effective July 18, 2024,and shall continue in full force and effect through December 37,2024, unless otherwise terminated earlier by one of the parties pursuant to Section 7 of this Agreement.

5. Independent Contractor. In the fumishing of the services provided herein, the Contractor is acting as an independent contractor and not as an employee of the City. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor, its agents, and employees will not represent or hold themselves out to be employees of the City at any time. Contractor or any agent or employee of Contractor shall not have employee status with City, not be entitled to participate in any plans, affangements, or distributions by City pertaining to or in connection with any retirement, health, or other benefits that City may offer its employees.

Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees, and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor's performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to

43 policy and the result of Contractor's work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.

6. Insurance Indemnity.

6.1. Indemnification and Waivers. Contractor shall indemniff, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims")o arising out of the Contractor's performance of its obligations under this agreement or out ofthe operations conducted by Contractor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this agreement, the Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels'fees, incurred in defense of such claims.

6.2. Insurance. During the term of this Agreement, Contractor shall maintain, keep in force and pay all premiums required to maintain and keep in force liability and property damage insurance. The limits of such policy shall be as required by the City of Sanger. A copy of the City's requirements for such insurance coverage is attached hereto as EXHIBIT B.

6.3 Survival. The Terms of this section 6 shall survive the termination of this Agreement.

7. Termination.

7.1 This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Contractor shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date oftermination.

7.2 City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

An illegal use of funds by Contractor;
A failure by Contractor to comply with any material term of this Agreement;
A substantially incorrect or incomplete report submitted by Contractor to City.

In no event shall any payment by City or acceptance by Contractor constitute a waiver by such party of any breach of this Agreement or any default which may then exist a.
b.
c.

44 on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Contractor the repayment to City of any funds disbursed to Contractor under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

All notices shall be mailed to the City:

City of Sanger
Public Works Department
1700 7th Street
Sanger, CA93657
To Contractor:

California Boiler
7341 West Goshen Avenue
Visalia, CA9329l

8. Compliance with Laws

8.1 Laws Incorporated by Reference. Contractor will comply with all applicable federal, state, and local laws in performing this Agreement. The full text of the laws listed in this Section, including enforcement and penalty provisions, are incorporated by reference into this Agreement. Contractor represents and warrants to the City that it has and will keep in effect during the term of this Agreement all licenses (including but not limited to, the City Sanger business license), permits, and approval of whatever nature which are legally required to perform Contractor's services.

8.2 Prevailing Waees. Contractor shall comply with State of California prevailing wages laws.

8.3 Conflict of Interest. By executing this Agreement, Contractor certifies that it does not know of any fact which constitutes a violation of Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter l, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notift the City if it becomes aware of any such fact during the term of this Agreement.

8.4 Proprietary Information. In the performance of Services, Contractor may have access to City's proprietary or confidential information, the disclosure of which to third parties may damage City. If City discloses proprietary or confidential information to Contractor, such information must be held by Contractor in confidence and used only in performing the Agreement. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent Contractor would use to protect its own proprietary or confidential information.

45 8.5 Nondiscrimination Requirements. Contractor shall comply with all state and federal laws in the administration of this Agreement.

8.6 Alcohol and Drue-Free Workplace. City reserves the right to deny access to, or require Contractor to remove from, City facilities personnel of any Contractor or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City's ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re-entry of any such person previously denied access to, or removed from, City facilities. Illegal drug activity means possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverages, or being under the influence of alcohol.

8.7 Public Records Act. Contractor acknowledges that this Agreement and all records related to its formation, Contractor's perforrnance of services, and City's payment are subject to the California Public Records Act, (California Government Code $6250 et seq.). Such records are subject to public inspection and copying unless exempt from disclosure under federal, state, or local law.

9. GENERAL PROVISIONS

9.1 Notices. All notices and communications from the Contractor shall be to Public Works Operations Manager. All written notices shall be provided and addressed as indicated above.

9.2 Assignment. Neither the City nor the Contractor will assign its interest in this Agreement without the written consent of the other.

9.3 Entire Asreement. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written provisions. Any changes to this Agreement requested by either City or Contractor may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such a writing.

9.4 Attornev's Fees. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorney's fees to the successful party in an amount to be fixed by the Court.

9.5 Goveming Law. The laws of the State of California shall govern the rights and obligations of the parties under this Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

10. Goveming Law. Jurisdiction. Venue. The formation, interpretation, and

46 perfonnance of this Agreement shall be governed by the laws ofthe State of California. Venue for all litigation relative to the formation, interpretation, and performance of this Agreement shall be in the County of Fresno.

I 1. Waiver. In the event that either party waives any breach of this Agreement, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other term, condition, or obligation.

12. Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to the effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

13. Counterparts. This Agreement may be executed in counterpartso each ofwhich shall be deemed an original, but all of which together shall constitute one and the same agreement. This Agreement shall be effective upon transmission by any Party to the other parties of a fully signed facsimile copy of the Agreement after the formal approval by the governing body of the City. In case of any conflict, the counterpart maintained by the City shall be deemed to be determinative.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

CITY OF SANGER CONTRACTOR
By
athan Olson, City Manager
Date
ATTEST:

By:

Becky Padron, City Clerk
APPROVED AS TO FORM:
,/Mlzrr'Wa'tt"r,t<aHru.
818t24
By
c Date
By
Hilda Cantri Montoy, City Attorney

47 EXHIBIT A
48 CALIFOFINIA BOILEFI
SEFIVICE. PAf]TS. SALES. RENTALS
From
Quote For
California Boiler
7341 West Goshen Avenue
Visalia CA 93291
(559) 625-5151
www.californiaboi ler.com

SANGER WWTP
933 North Avenue
Sanger CA 93657
(559)876-3952
Quote No.

TYPe
Prepared By
Created On
0009550
Repair
Nathan Merriweather
05t06t2024
Description of Work
California Boiler is pleased to provide the following repair proposal of your North sludge unit for your consideration r Remove and replace, all boiler tubes, (2) tube sheets and reweld both ends of the Morrison tube. . Complete 3rd pafi A-1 inspection of vessel.
. Repair burner refractory dry oven.
. Complete start up as per OEM standards.

Expected job timing:
r (2) Boilermakers 3 weeks
. (1) Technician 1 week
r 1 week to have tube sheels made.

Notes / Payment Terms / Approval
a. Approximately 6-8 week lead time upon receiving signed quote and purchased order. Lead time is subject to change due to the possibility of events outside of our control.
b. Labor is based on straight time (7:00 AM-3:30 PM, Monday through Friday) unless otherwise stated. Overtime or weekend labor may be provided at your request.
c. Please see attachment for Standard Terms and Conditions. By signing this proposal, Sanger Wastewater Treatment is acknowledging that we have read and accept the attached California Boiler Terms and Conditions. d. Any additional parts or service outside of the scope of work can be proMded/performed on T&M or a separate quote may be submitted. e. Construction Permits, State Operating, if needed, California Boiler is willing to assist for an additional charge. f. San Joaquin Valley Air Pollution Control District permits are not included in this bid. lf needed, California Boiler is willing to assist for an additional charge.
h. This proposal is valid for 15 days.
l. Based on approved credit.

J. Freight and taxes are not included with pricing.

K. 25% due upon acceptance 65% due upon notice of equipment to ship 10% due upon completion along with applicable freight charges.

L. Standard terms and conditions apply.
m. Work must be completed sequentially with out delay caused by failed isolation valves, other contractors or Sanger \ M/TP operations .

Services to be completed
[Commercial Hot Water] Boiler - Boiler
Upon Arrival LOTO and complete JSA
Cut and remove all boiler tubes.

Cut and remove both tube sheets.

Gather information to have new tube sheets made
Weld in new tube sheet.

Weld in safe ends.
lnstall new boiler tubes.
49 Hydro unit.
3rd pafi Al inspection.

Close up fireside.
lnstall new burner utilizing existing gas train and controls.

Conduct OEM start up. Submit startup report.

General site cleanup
Code Parts, Labor, and ltems Quantity Unit Price Total
Prevailing Wage
Regular
Prevailing Wage
Regular
Prevailing Wage
Regular
MTL
vts-01
LlNED032589
LlNED032565
MTL
Prevailing Wage
Regular
PLATE4X8X.25
Prevailing Wage
Overtime
Combustion Analylzer
9-626
M8.25
ROPE.5
TAPE1.5
BT3X24

CODE PACKET
MTL
Tube Roller
Prevailing Wage Reg ular
Prevailing Wage Regular
Prevailing Wage Regular
water jet material and time
VIS-01 - Trip Charge
.Empty> welding rod
<code inspection
MTR P-3 report
Prevailing Wage Regular
PLATE, 4FT X 8FT X 1/4 MI HOT ROLL
Prevailing Wage OT
Combustion Anallzer
REFRACTORY, PL 7OP PLASTIC 55#

REFRACTORY, MILLBOARD
1t4X24X36
ROPE, FIBERGLASS 1/2
GASKET, FIBERGLASS TAPE 1-112
TUBE, BOILER 3INX24FT .105 WALL
SA178A

CODE PACKET
flat bar MTL
<EMPTY>
Tube Roller
80 80
$215.00 $17,200.00
$215.00 $17,200.00
$215.00 $17,200.00
31 $3,340.00
$91.31
$107.78
$134.91
$150.00
$215.00
$il2.75
$322.50
$200.00
$183.02
$138.74
$4.05
$1.80
$581.16
$4,500.00
$6'25
$1,250.00
$100.00

GRAND TOTAL
$3,340.00
$2,830.61
$/'31.12
$539.64
$150.00
$3,440.00
$1,085.50
$'re,350.00
$200.00
$732.08
$554.96
$40.50
$36.00
$7,555.08
$4,500.00
$125.00
$1,250.00
$100.00
$97,860.49
16 4
4 1
2 60
4 4
10 20
13 20
Terms and Gonditions

SALES AND PAYMENT TERMSI AND CONDITIONS
The following sets forth the sale, payments and condition policies of Califomia Boiler lnc. 50 It constitutes the geneml agreement between Califomia Boiler lnc. ("California Boiler lnc.", the "Company" or "we") and you, its customer, underwhich products, service and parts are sold, credit is extended and payments are expected.

This policy supersedes all previous sales and credit, payment terms and conditions, and finance policies issued by Galifornia Boiler lnc. and shall remain in effect until further notice. The company reserves the right to change this policy and agreement at any time.

EXTENSION OF CREDIT
Credit is one of the most important services Califomia Boiler lnc. offers to you as a customer.

An open line of credit is established for you based upon your needs, financial strength, and history of meeting your credit obligations. ln order to insure you the best possible prices and service, we must enforce a credit and collections policy based upon sound business principals and good judgment.

INVOICING AND PAYMENT TERMS
Payment Terms are 25o/o down payment or as specified- ffhis is not refundable on equipment sales in process) balance Net 30 (upon approval of credit) on all invoices unless other arrangements are made in advance of shipment. UNLESS OTHERWISE SPECIFIED DIFFERENTLY ON THE ATTACHED PROPOSAL' When opening a new account with an order, the Company may require a deposit with the initial order so as not to delay shipments while credit references and financial information are being reviewed. We reserve the right to suspend or terminate any further performance under this agreement or olherwise in the event payment is not made when due. Quotes are valid for 30 days. Equipment will not be started up unless 90% of the purchase price has been paid.

Shipment Terms Unless otherwise specified in writing signed by an authorized representative of the Company, all shipments are F.O.B. the manufacturers factory or California Boiler lnc. warehouse as applicable. Title to the merchandise shall pass to the buyer upon delivery to the carrier at the F.O.B. point and thereafter all risk of loss or damage shall be the buyers.

Service Charges We reserve the right to take action to collect any invoice that is not paid when due. We also assess a late payment SERVICE CHARGE on the day following the due date and monthly thereafter against all amounts remaining unpaid on each such date. Subject lo any limitations that may be imposed by applicable law, the amount of this charge is 1 % of the amount remaining unpaid on each such date.

This policy applied to customers who permit their account to become delinquent. lt is your responsibility to notify California Boiler lnc. of any extenuating circumstances that may affect your payment and work out a solution. Please know that our interest lies, not in collecting a service charge, but receiving timely payments of your invoice.

IN WARMNTY MATERIALS AND DISCLAIMER OF WARRANTIES
You will rely solely on the wananty provided by the manufacturer. Your sole and exclusive remedy for breach of wananty shall be as provided in lhe manufacturers standard wananty unless otheruise specifically expressed in writing. (Standard Manufacturers Warranty is twelve (12) months from start-up, California Boiler lnc. laborwarranty is ninety (90) days from start-up).

You will be invoiced in the regular manner for all materials and parts even though it may be an ln-wananty transactions. Credits will be issued after factory credits are accepted. Please note that withholding payment of any invoice in anticipation of an ln-warranty credit is not consistent with our terms of sale.

California Boiler lnc. makes no warranty expressed or implied of any kind. We make no claim of fitness or merchantability or any other wananty, expressed or implied. Nor is anyone else, whether employed by California Boiler lnc. or not, authorized to do so, on our behalf. We specifically disclaim the warranty of merchantability and the wananty of fitness.

For any items or components proposed as a substitute to specified items, it is understood that seller makes no guarantee that the approving authority will accept the products submitted.
ln no event shall California Boiler lnc. be liable to you or any percon, corporation or other type of legal entity for any special, direct, indirect, incidental, liquidated or consequential damage of any kind. lncluding but not limited to, loss of products, loss of time, loss of use, loss of production, loss of savings or revenues! cost of replacement goods, hbor costs or other charges in connection with product use or malfunction.

The repair or replacement of defective parts whether such claims are alhged in strict liability, negligence, toft, contract or othenvbe, and even if Califomia Boiler lnc. is informed in advance of the possibility of such damages.

CLAIMS
You are responsible for inspecting merchandise on receipt and for filing claims with the carriers for damage or loss. All claims for shortages and damages must be made in writing to the carriers within ten ( 10) days of receipt. We suggest you call the carrier immediately upon noticing any possible freight related damage and arrange for inspection before proceeding while unpacking. Photographs taken while the delivery truck is still on sight are recommended if possible.

Under no circumstances may you withhold payment or charge the Company for freight or wananty related claims.

No claim for the expenses incuned for conective work done on merchandise provided by the Company will be considered or accepted unless specifically agreed to in writing, in advance of the work being done, by an authorized manager of lhe Company.

INFORMATION AND ASSISTANCE
lf at any time you have a question on an invoice from the Company, a call or note to our accounting department will bring prompt action toward getting the problem resofued.
51 lf it becomes necessary, at Califomia Boiler lnc.s discretion, to take legal action in order to collect your account, Califomia Boiler lnc. shall be entitled to recover, in addition to any other recovery, its court costs, reasonable attomeys fees and all olher colleclion expenses. lf you have any questions regarding this policy, please contact our office.

We appreciate your business and look fonrvard to providing you with reliable equipment, parts and service.

Please acknowledge below your receipt and agreement to lhe provisions of this policy statement.

Retum the original lo:

Califomia Boiler lnc,
1800 Newport Circle
Santa Ana, CA 92705
Phone: (714) 891-0701
Fax:. (7'14) 891-4320
www.CaliforniaBoiler.com
APPLICABLE LAW: This agreement shall be govemed by; the substantive laws of the State of Califomia By my signature below, I authorize work to begin and agree to pay the Grand Total according to the terms and conditions of this agreement.

Name: Date:

Signature:
52 EXHIBIT B
Insurance Requirements for Contractors
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
' $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.

General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
' $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
' Worker's Compensation as required by the State of California and $1,000,000 Employer's Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Maint e nanc e of C ov e rage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Ex.B-Pagelof2
53 Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best's Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Spe c iJic at io ns no t L imit ing
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal ofcoverage for each required coverage.

S e lf- insur e d Re t e nt io n s
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City's Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution ofthe Work.

Ex.B-Page2of2
54 Prepared by: _Greg Tarascou _ 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: September 5, 2024

Agenda Item No.: F-5

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Participation in the Medi-Cal Intergovernmental Rate Range Program Attachments: 1. Intergovernmental Agreement re: Transferring of Public Funds

2. Health Plan Provider Amendment between the City of Sanger and Anthem Blue Cross

3. Health Plan Provider Agreement between the City of Sanger and CalViva

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council approve the following contracts:

• Intergovernmental Agreement re: Transfer of Public Funds between the City of Sanger and the California Department of Health Care Services
• Health Plan Provider Amendment between the City of Sanger and Anthem Blue Cross • Health Plan Provider Agreement between the City of Sanger and Cal-Viva Health

EXECUTIVE SUMMARY:

These contracts commit the City of Sanger Fire Department to participate in the calendar year 2023 Medi-Cal Intergovernmental Transfer (IGT) Rate -Range Program for the recovery of unreimbursed ambulance service costs provided to Medi-Cal Plan patients.

55 Since 2006 the California Department of Health Care Services (DHCS) has offered local governments that provide health care the opportunity to secure additional Medi-Cal revenues by participating in a voluntary Intergovernmental Transfer (IGT) Program with their local Medi-Cal managed care plans. In Fresno County the two managed care plans are Anthem Blue Cross and CalViva. The Sanger Fire Department provides EMS ambulance transport, a Medi-Cal covered service to Medi-Cal plan members, therefore is eligible to participate in the IGT Program. In summary, the IGT process will result in the two Medi-Cal Managed Care Plans paying governmental providers of health care services additional Medi-Cal revenues to offset previously unreimbursed charges for serving Medi-Cal plan members. The payment amounts are determined by the provider’s unreimbursed charges, the number of other local government providers participating in the IGTs in that county or region, the Plans’ recommendations, and the State’s formulas. The Fire Department has participated in the Rate Range IGTs for the last seven years.

BACKGROUND:

In a Rate Range IGT, the local government entity transfers funds to the State (the “intergovernmental transfer”) which are used to increase the actuarially sound rates the State pays the health plan (and to reimburse the State for its administrative costs). The Plan then pays the local provider the IGT-funded proceeds that the local government transfer made possible. Because the local transfer is matched with federal funds, the participating government provider receives the amount of the transfer plus new funds as well.

Participation in these upcoming IGTs represents an opportunity for local governments that take care of Medi-Cal patients, including our city, to recoup a share of their actual costs. Using the IGT mechanism, Blue Cross and CalViva will be able to pay us a lump sum Medi-Cal payment to cover costs that were previously subsidized by local resources.

A rate range IGT is implemented through three contracts: One with each of the two plans and one with the DHCS for the transfer of public funds. The contract templates have been approved by the State and Federal governments and have been accepted by many counties and large public health care systems.

These documents spell out each entity’s obligations regarding the transfer of local funds, the use of the funds by the State to increase the Plan rates, the payment from the Plan to the provider, and the treatment of the IGT-funded payments by the provider. Before any funds are transferred to the State by a local government, all contracts are signed by the participants. Each IGT, including the contributing governmental entity and the level the Plan rates are increased, are approved in advance by the federal government. Because our city will do one IGT with Blue Cross and one with CalViva, we will have two sets of documents.

We have worked with four other city fire departments that provide ambulance transports to collect data on our unreimbursed costs for Health Plan services and to submit the necessary materials to the Health Plans and the State. DHCS has approved the City’s contribution amounts for each Plan’s IGTs and has approved our current draft documents. Wiring instructions for each plan’s year from both Anthem and CalViva will be sent well ahead of due dates.

REASON FOR RECOMMENDATION:

The Medi-Cal program reimburses around $125 per emergency ambulance transport which is typically only 10 to 20% of the actual cost to provide an EMS transport. The Rate Range IGTs provide financial support for Medi-Cal managed care patient emergency transports not covered by flat Medi-Cal reimbursement.

56 FISCAL IMPACT:

The proposed IGT cycle will allow us to receive an estimated $1,906,905 in new Medi-Cal payments to more fully compensate the City for the provision of EMS transports during the 2023 calendar year.

We expect to wire approximately $1,501,250 to DHCS for both Plans combined and expect to receive lump sum payment from each of the Plans totaling $3,408,155 which results in a net of $1,906,905 in net new funds.

ALTERNATIVES:

Reject participation in the IGT Program and the Fire Department will continue to seek additional funding sources.

ACTIONS FOLLOWING APPROVAL:

Upon approval, the City Manager will sign the final documents that have been approved from the State to implement the IGTs. The documents will be returned to the State and the respective plans for their signature and the following timeline will be implemented:

1. With an anticipated date in October 2024, the City will wire funds to DHCS per the terms of the approved Intergovernmental Transfer Agreements.

2. Once receiving the funds the State will draw down the Federal funding to match. The State will pay the participating Plans as soon as possible, normally one to two months after receiving the wired funds.

3. Once the participating Plans are paid, the Plans have 30-60 days to pay the City. In total, there is an anticipated 12-14 week period between the time the City wires the funds and receives payment from the participating plans.

57 CONTRACT # IGT-23-0017

1 Template Version - 3/2024

INTERGOVERNMENTAL AGREEMENT REGARDING

TRANSFER OF PUBLIC FUNDS

This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (“DHCS”) and CITY OF SANGER (“GOVERNMENTAL FUNDING ENTITY”) with respect to the matters set forth below.

The parties agree as follows:

AGREEMENT

1. Transfer of Public Funds

1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code.

The amount transferred shall be based on the sum of the applicable rate category per member per month (“PMPM”) contribution increments multiplied by member months, as reflected in Exhibit

1. The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual enrollment for the service period of January 1, 2023 through December 31, 2023 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in Sub- Section 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS.

1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- 58 CONTRACT # IGT-23-0017

2 Template Version - 3/2024

related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding.

1.3 DHCS shall reconcile the “Estimated Member Months,” in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of January 1, 2023 through December 31, 2023 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available.

Actual enrollment figures will be considered final two years after December 31, 2023. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. If DHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers.

2. Acceptance and Use of Transferred Funds

2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as Intergovernmental Transfer (IGTs), to use for the purpose set forth in Sub-Section 2.2.

2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share 59 CONTRACT # IGT-23-0017

3 Template Version - 3/2024

of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)’ capitation rates for the service period of January 1, 2023 through December 31, 2023, in accordance with section 14301.4 of the Welfare and Institutions Code.

2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law.

2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services.

2.5 DHCS shall not direct HEALTH PLAN(S)’ expenditure of the payments received pursuant to Sub-Section 2.2.

3. Assessment Fee

3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement.

3.2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a 60 CONTRACT # IGT-23-0017

4 Template Version - 3/2024

20 percent fee. DHCS has determined that $ 0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub-Section 3.3.

3.3 The 20-percent assessment fee pursuant to this Agreement is non- refundable and shall be wired to DHCS simultaneously with the transfer amounts made under Section 1 of this Agreement. If at the time of the reconciliation performed pursuant to Sub- Section 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3.1, then a proportional adjustment to the assessment fee will be made.

4. Amendments

4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties.

4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement.

5. Notices. Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall either be sent via secure email or submitted in writing to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address as set forth below:

To the GOVERNMENTAL FUNDING ENTITY:

Greg Tarascou, Fire Chief
1700 7th Street
Sanger, CA 93657
(559) 875-6568
[email protected]

With copies to:
61 CONTRACT # IGT-23-0017

5 Template Version - 3/2024

Sandra Campa
[email protected]

Jason Silva, Consultant
(916) 329-8236
[email protected]

To DHCS:

Vivian Beeck
California Department of Health Care Services
Capitated Rates Development Division
1501 Capitol Ave., MS 4413
Sacramento, CA 95814
[email protected]

6. Other Provisions

6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the Medi- Cal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties.

6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement.
62 CONTRACT # IGT-23-0017

6 Template Version - 3/2024

6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement.

6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement.

6.5 Time is of the essence in this Agreement.

6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. Any required signature(s) on any documents must be in compliance with California Government Code section 16.5 and any other applicable state or federal regulations.

7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS’ powers, authorities, and duties under Federal and State law and regulations.

8. Approval. This Agreement is of no force and effect until signed by the parties.

9. Term. This Agreement shall be effective as of January 1, 2023 and shall expire as of June 30, 2026 unless terminated earlier by mutual agreement of the parties.

63 CONTRACT # IGT-23-0017

7 Template Version - 3/2024

SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below.

City of Sanger:

By: Date: _______________________
(Funding Entity Signer)

THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:

By: Date: _______________________
David Bishop, Division Chief, Capitated Rates De velopment Division

64 CONTRACT # IGT-23-0017

8 Template Version - 3/2024

Exhibit 1

Health Plan Funding Entity County Service Period P articipation % CalViva Health City of Sanger Fresno 1/2023 - 12/2023 4. 60% Category of Aid SIS/UIS Contribution
PMPM
Estimated Member
Months*
Estimated
Contribution (Non-
Federal Share)
Child SIS 0.13$ 1, 699,587 220,946$ Child UIS 0.06$ 39,618 2,377$ Adult SIS 0.34$ 698,293 237,420$ Adult UIS 0.26$ 145,199 37,752$ ACA Optional Expansion SIS 0.06$ 1,012,025 60,722$ ACA Optional Expansion UIS 0.06$ 119,655 7,179$ SPD SIS 1.04$ 226,451 235,509$ SPD UIS 0.90$ 20,052 18,047$ SPD/Full-Dual SIS 0.27$ 247,522 66,831$ SPD/Full-Dual UIS 0.15$ 869 130$ LTC SIS 4.70$ 222 1,043$ LTC UIS 1.01$ 262 265$ LTC/Full-Dual SIS 3.14$ 4,021 12,626$ LTC/Full-Dual UIS -$ - -$ Est. FE Total 4,213,776 900,847$ Health Plan Funding Entity County Service Period P articipation % Anthem Blue Cross City of Sanger Fresno 1/2023 - 12/2023 4. 45% Category of Aid SIS/UIS Contribution
PMPM
Estimated Member
Months*
Estimated
Contribution (Non-
Federal Share)
Child SIS 0.12$ 633, 978 76,077$ Child UIS 0.05$ 14,565 728$ Adult SIS 0.26$ 271,452 70,578$ Adult UIS 0.23$ 41,380 9,517$ ACA Optional Expansion SIS 0.07$ 561,488 39,304$ ACA Optional Expansion UIS 0.07$ 45,491 3,184$ SPD SIS 0.80$ 104,033 83,226$ SPD UIS 0.69$ 10,210 7,045$ SPD/Full-Dual SIS 0.26$ 181,181 47,107$ SPD/Full-Dual UIS 0.15$ 590 89$ LTC SIS 4.54$ 267 1,212$ LTC UIS 0.96$ 145 139$ LTC/Full-Dual SIS 3.04$ 3,943 11,987$ LTC/Full-Dual UIS 0.09$ 18 2$ Est. FE Total 1,868,741 350,195$ 65 CONTRACT # IGT-23-0017

9 Template Version - 3/2024

* Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non-Federal Share) may differ from the amount listed here. * FMAP is a weighted blend of multiple FMAPs.

66 AMENDMENT

ANTHEM BLUE CROSS

INTERGOVERNMENTAL TRANSFER (IGT)

HEALTH PLAN-PROVIDER AGREEMENT

1 This Amendment to the Intergovernmental Health Plan Provider Agreement is effective January 1, 2023 (“Effective Date”) between Blue Cross of California dba Anthem Blue Cross, a California corporation hereinafter referred to as "PLAN", and the City of Sanger , acting through its Fire Department, hereinafter referred to as "PROVIDER".

RECITALS
A. ANTHEM and PROVIDER have previously entered into an Intergovernmental Health Plan Provider Agreement ("Agreement") on September 2, 2020, whereby PROVIDER is designated as a PROVIDER. The Agreement, as amended, remains in effect.

B. Pursuant to Section N of the Agr eement, the parties now desire to amend the Agreement to provide for the following changes to the Agreement.

THEREFORE, IT IS AGREED:

I. Section A is deleted in its entirety and replaced with the following.

A. Payment
Should PLAN receive any Medi -Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds #23-0017, (“Intergovernmental Agreement”) effective for the periods January 1, 2023 through December 31, 2023 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases (“IGT MMCR RIs”), PLAN shall pay to PROVIDER the amount of the IGT MMCRRIs received from State DHCS, in accordance with paragraph 1.E below regarding the form and timing of Local Medi-Cal Managed Care Rate Range (“LMMCRR”) IGT Payments.

LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN.

II. Section B is deleted in its entirety and replaced with the following.

B. Health Plan Retention
1) The PLAN shall retain a two and a half percent (2.5%) administrative fee based on the total amount of the IGT MMCRRIs received from DHCS for PLAN’s cost to administer this program. Each provider’s share of the 2.5% fee shall be calculated based on that provider’s proportionate share of the LMMCRR IGT payment made by Plan in Fresno County.
2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above.

67 2

III. Section N is deleted in its entirety and replaced with the following.

N. Term

The term of this Agreement shall commence on January 1, 2023 and shall terminate on December 31, 2026.

This Agreement may be amended in writing by the PROVIDER and the PLAN as mutually agreed. Each time that the parties agree to participate in a Voluntary Rate Range Intergovernmental Agreement with State DHCS, the parties to this Agreement shall amend it in writing in order to update the IGT Rating Period, the term, the contract number for the “Intergovernmental Agreement Regarding Transfer of Public Funds” shown in Section A and to make any other necessary changes.

Upon acceptance by the parties, this AMENDMENT, on the first date specified above, will become a part of the AGREEMENT, and all provisions of the AGREEMENT not specifically inconsistent herewith will remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed personally or by their duly authorized officers or agents.

SIGNATURES

ANTHEM BLUE CROSS PROVIDER

Signature: Signature:

Name: John Pickett Name: Nathan Olson

Title:

Regional Vice President, Provider Solutions Title: City Manager, City of Sanger____

Date: Date:

68 City of Sanger and CalViva 2023 Rate Range Health Plan/Provider Agreement

HEALTH PLAN-PROVIDER AGREEMENT
AGREEMENT TO IMPLEMENT THE 2023 RATE RANGE IGTS

This Agreement is made this ___ day of _______ 2024, by and between the Fresno-Kings-Madera Regional Health Authority dba CalViva Health, a Medi-Cal Managed Care Plan hereinafter referred to as "PLAN", and City of Sanger, acting through its Fire Department, hereinafter referred to as "PROVIDER."
RECITALS:

WHEREAS, CalViva Health licensed under Health and Safety Code Section 1349 et seq. has a contract with the State Department of Health Care Services (DHCS) pursuant to Welfare and Institutions Code Section 14087.3 to act as a Medi-Cal managed care plan and CalViva Health has contracted with Health Net Community Solutions, Inc., (HNCS) which is a subsidiary of Health Net, Inc., which is a wholly owned subsidiary of Centene Corporation, to fulfill its responsibilities for the provision of Medi-Cal covered services for eligible Medi-Cal members. For purposes of this Agreement, Centene Corporation, Health Net of California, Inc., Health Net Community Solutions, Inc. and CalViva Health shall collectively be referred to as “PLAN”;
WHEREAS, PROVIDER is an incorporated City whose Fire Department provides emergency response and ambulance transport to Plan members; and WHEREAS, PLAN and PROVIDER desire to enter into an Agreement to provide for Medi-Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers (“IGTs”) from City of Sanger (GOVERNMENTAL FUNDING ENTITY) to the California Department of Health Care Services (“State DHCS”) to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries.

NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows:

Calendar Year 2023 IGT MEDI-CAL

MANAGED CARE CAPITATION RATE RANGE

INCREASES

1. I GT Capitation Rate Range Increases to PLAN
A. Payment
Should PLAN receive any Medi-Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, # 23-0017 (“Intergovernmental Agreement”) effective for the period of January 1, 2023 through December 31, 2023 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases (“IGT MMCRRIs”), PLAN shall pay to PROVIDER the amount of the IGT MMCRRIs received from State DHCS, in accordance with paragraph 1.E below 69 City of Sanger and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 2
regarding the form and timing of Local Medi-Cal Managed Care Rate Range (“LMMCRR”) IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN.

B. He alth Plan Retention
(1) The PLAN shall retain a 2% administrative fee based on the total amount of the IGT received from DHCS for PLAN’s cost to administer this program. Each providers’ share of the 2% fee shall be calculated based on the providers’ respective proportionate share of the LMMCRR IGT payment made by PLAN for Fresno County.

(2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above.

C. C
onditions for Receiving Local Medi-Cal Managed Care Rate Range IGT Payments
As a condition for receiving LMMCRR IGT Payments, PROVIDER shall, as of the date the particular LMMCRR IGT Payment is due:
(1) Remain a participating PLAN provider;
(2) maintain its current emergency response and ambulance transport services for PLAN beneficiaries.

D. Schedule and Notice of Transfer of Non-Federal Funds The GOVERNM ENTAL FUNDING ENTITY shall notify the PLAN within five business days after the District funds referred to in the Intergovernmental Transfer Agreement have been transferred to the State.

PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS, referred to in the Intergovernmental Agreement, within fifteen (15) calendar days of the PROVIDER receiving such schedule from the State DHCS.

Additionally, PROVIDER shall notify PLAN, in writing, no less than seven (7) calendar days prior to any changes to an existing schedule including, but not limited to, changes in the amounts specified therein.

70 City of Sanger and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 3
E. Form and Timing of Payments
PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule:
(1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER (e.g., electronic transfer). After paying any required taxes and retaining the PLAN’s administrative fee, as shown in Section B above, PLAN will pay PROVIDER a percent of the remaining LMMCRR IGT payment equal to the PROVIDER’s contribution as a percent of total local provider contributions.
(2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than sixty (60) calendar days after receipt of the IGT MMCRRIs from State DHCS.

F. C
onsideration
(1) As consideration for the LMMCRR IGT Payments, PROVIDER shall (2) use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner:
(a) The LMMCRR IGT Payments shall represent compensation for Medi-Cal services rendered to Medi-Cal PLAN members by PROVIDER during the State fiscal year to which the LMMCRR IGT Payments apply.
(b) To the extent that total payments received by PROVIDER for any State fiscal year under this Agreement exceed the cost of Medi-Cal services provided to Medi- Cal beneficiaries by PROVIDER during that fiscal year, any remaining LMMCRR IGT Payment amounts shall be retained by PROVIDER to be expended for health care services. Retained LMMCRR IGT Payment amounts may be used by the PROVIDER in either the State fiscal year for which the payments are received or subsequent State fiscal years. (2) For purposes of subsection (1) (b) above, if the retained LMMCRR IGT Payments, if any, are not used by PROVIDER in the State fiscal year received, retention of funds by PROVIDER will be established by demonstrating that the retained earnings account of PROVIDER at the end of any State fiscal year in which it received payments based on LMMCRR IGT Payments funded pursuant to the Intergovernmental Agreement, has increased over the unspent portion of the prior State fiscal year’s balance by the amount of LMMCRR IGT Payments received, but not used. These retained PROVIDER funds may be commingled with other GOVERNMENTAL FUNDING ENTITY funds for cash management purposes provided that such funds are appropriately tracked and only the depositing facility is authorized to expend them.
(3) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY’S general fund, the State, or any other intermediary 71 City of Sanger and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 4
organization. Payments made by the health plan to providers under the terms of this Agreement constitute patient care revenues.

G. P LAN’s Oversight Responsibilities
PLAN’s oversight responsibilities regarding PROVIDER’s use of the LMMCRR IGT Payments shall be limited as described in this paragraph. PLAN may request, within thirty (30) calendar days after the end of each State fiscal year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph 1.F above. In each instance, PROVIDER shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN’s request.

H. C
ooperation Among Parties
Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Fresno County.

I. R econciliat ion
Within one hundred twenty (120) calendar days after the end of each of PLAN’s fiscal years in which LMMCRR IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCRRIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCRR IGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution processes set forth in Section H. of this Agreement or otherwise in good faith by the parties. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Section J. below. PLAN agrees to transmit to the PROVIDER any underpayment of LMMCRR IGT Payments within thirty (30) calendar days of PLAN’s identification of such underpayment.

J. I
ndemnification
PROVIDER agrees to indemnify and hold PLAN harmless in all matters relating to the IGT request, subsequent payment and use of such funds.

72 City of Sanger and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 5

K. R
emittance Informat ion
The IGT-funded payments made by the PLAN pursuant only to this Agreement, shall be mailed to the PROVIDER at the address set forth below:

Greg Tarascou, Fire Chief
City of Sanger
1700 7th Street
Sanger, CA 93657

Phone: (559) 875-6568, Email: [email protected]

2. T erm
The term of this Agreement shall commence on January 1, 2023 and shall terminate on December 31, 2025.

SIGNATURES

BY HEALTH PLAN: ______________________________________ Date: ____________ Jeffrey Nkansah, Chief Executive Officer, CalViva Health

BY PROVIDER: ______________________________________ Date: _____________ Nathan Olson, City Manager, City of Sanger
73 Prepared by: _Joshua Johnson, 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: September 5, 2024

Agenda Item No.: F-6

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Greg Garner, Chief of Police
Subject: Acceptance of Grant Funding from the Department of Alcoholic Beverage Control and Related Budget Amendment

Attachments: Resolution No. 2024-58
Budget Request

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That City Council adopt Resolution No. 2024- 58 Accepting a G rant For F Y 2024/2025 from the Department of Alcoholic Beverage Control and Approving a Budget Amendment to Add $28,000 to the FY 2024/2025 Budget.

EXECUTIVE SUMMARY:

The Sanger Police Department has been awarded a grant from the Department of Alcoholic Beverage Control for the Alcohol Policing Partnership program. The grant provides $28,000 for the period of July 1, 2024, through June 30, 2025, to address crime and public nuisance problems associated with problematic alcoholic beverage outlets.

BACKGROUND:

The grant application was submitted to the Department of Alcoholic Beverage Control by the Sanger Police Department to support efforts in reducing underage drinking and associated crimes. Upon accepting the Grant Agreement, the Police Department will be awarded $28,000 to implement various programs including Minor Decoy, Shoulder Tap, and IMPACT inspections, aimed at reducing underage drinking and related issues.
74 \\nas1\shared\Forms & Templates

REASON FOR RECOMMENDATION:

To accept the grant award, the attached contract must be signed by the staff. Additionally, to effectively utilize the grant, the City Council must approve the attached budget request, adding the $28,000 to the FY 2024/2025 budget.

FISCAL IMPACT:

None.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

Implement the programs and operations as outlined and report monthly to the Department of Alcoholic Beverage Control.

75 RESOLUTION NO. 2024-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER ACCEPTING A GRANT FOR FY 2024/2025 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROVING A BUDGET AMENDMENT TO ADD $28,000 TO THE FY 2024/2025 BUDGET

WHEREAS, the City of Sanger desires to undertake a certain project designated as the “Sanger Police Department 2024/2025 Alcohol Policing Partnership program,” to be funded from a grant made available through the Department of Alcoholic Beverage Control; and

WHEREAS, any liability arising out of the performance of the action items in this resolution, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency; the State of California and the Department of Alcoholic Beverage Control disclaim responsibility for any such liability; and

WHEREAS, grant funds received hereunder shall not be used to supplant any expenditures controlled by this legislative body; and

WHEREAS, it is understood that this award is not subject to local hiring freezes; and

WHEREAS, the grant funds need to be added to the 2024/2025 Budget.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Sanger, State of California;

1. The foregoing recitals are true and correct and incorporated by reference.

2. The City is committed to the protection of Sanger citizens and supports all efforts by the Police Department to ensure the safety of those by enforcing laws related to the sale and furnishing of alcoholic beverages to minors.

3. The City accepts the grant from the Department of Alcoholic Beverage Control, with a full understanding of the goals and mission to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, and to reduce youth access to alcoholic beverages through education and enforcement and authorizes execution of related agreement and documents.

4. The Council approves the attached budget amendment, adding $28,000 to the FY 2024/2025 Budget.

5. The City Manager or his/her designee is authorized to sign the grant agreement, including any extensions or amendments thereto, and any subsequent contract with the State of California in relation thereto.

76 The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 5th day of September 2024 and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

__________________________________________
Rebeca Padron, City Clerk

77 \\nas1\shared\Forms Templates - 12/15/10
City of Sanger Accounting Use Only
Fiscal Impact of Proposed Resolution and Budget Adjustment Numbe BA- Budget Adjustment approved by Council
Resolution Number:

Date:

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
ABC Grant Revenues Alcohol Policing Partnership 299 0 40 102 4329 28,000.00$ Total Requested Appropriation: 28,000.00$
Current Appropriations:

Adjusted Total Appropriation: 28,000.00$
Estimated Revenues Available:

Fund Dept. Prgm Object Est. Revenue
Fund Name Program Name No. No. No. No. Amount
ABC Grant Revenues Alcohol Police Partnership 299 0 40 102 4329 28,000.00$ Total Estimated Additional Revenue: 28,000.00$
Current Estimated Revenues:

Adjusted Total Estimated Revenue: 28,000.00$
Department Head Signature ___________________________________________ Date: ___________________ Finance Director's Signature __________________________________________ Date: ___________________ Accept the grant allocation from the FY 2024 / 20225 Alcoholic Beverage Control Control Grant in the amount of $28,000 in the FY 2024 / 2025 to assist with alcohol related enforcement. 78 Prepared by: Jason Boust, Police Commander Approved by: ________________________

REVIEW: City Manager: ______ Finance: ____MS___ City Attorney: __HCM____ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED 
_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: September 5, 2024

Agenda Item No.: F-7

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council Members
From: Greg Garner, Chief of Police
Subject: Declaration of Police Service Dog ( Rocky) as Surplus Property Attachments: 1) Resolution
2) Indemnification letter from Clovis

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council approve Resolution No. 2024-59 declaring Police Service Dog Rocky as surplus property and authorizing the City Purchasing Agent to dispose of said property by selling the dog to the City of Clovis for the amount of $10,000.

EXECUTIVE SUMMARY:

In December of 2022, The Sanger Police Department obtained Police Service Dog Rocky from Adlerhorst International . During that time, Rocky was selected from a limited number of available canines but has served the department well over the last year and a half. Rocky’s handler is absent from work and on extended leave therefore unable to take care of or do the necessary upkeep required to maintain the K9 and his mission readiness. The City of Clovis wants to purchase the dog from the city for $10,000. They have an immediate need. The time required to select and train a new handler for Sanger would not be viable to keep Rocky in 79 service and there is regression in training that may occur. Therefore, it is in the best interest of the animal and our department to surplus and sell the dog to Clovis PD. They are familiar with Rocky as our K9 units train together and they want to put him into service immediately with a new handler.

Upon being declared surplus property, Rocky will be sold to Clovis for the agreed upon sum of $10,000. The K9 was originally purchased from Adlerhorst Internationa l at a cost of $14,400, accomplished through a combination of funding from the Sanger Police Foundation and the city’s General Funds. The Sanger Police Foundation will be reimbursed for their percentage of the costs associated with the original purchase (54% or $5 400), the remaining funds will go to the City of Sanger General Fund in accordance with their percentage of costs associated with original purchase (46% or $4600).

BACKGROUND:

The City equipment (K9) has been evaluated and deemed to have reached its useful life to the city considering the circumstances.

REASON FOR RECOMMENDATION:

Staff recommends Police Service Dog Rocky be decommissioned from the Police Department equipment cache and declared surplus property through the established procedures and in accordance with the law. Pursuant to recent practices, staff will coordinate the sale of the surplus property, and the proceeds will go to the City General Fund and the Sanger Police Foundation.

FISCAL IMPACT:

Upon selling the Police Service Dog Rocky, the City can expect to receive $4600 from the sale.

The City will relinquish all costs associated with K9 Rocky to the City of Clovis (Veterinarian bills, food, upkeep, etc.)

ALTERNATIVES:

If no action is taken, Police Service Dog Rocky will remain as City equipment but will not be in service. The City will need to identify long-term care for Police Service Dog Rocky at substantial financial cost.

ACTIONS FOLLOWING APPROVAL:

All preparations for the sale of Police Service Dog Rocky will be made by staff. A sale agreement subject to City Attorney approval will be prepared.
80 RESOLUTION NO. 2024-59

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANGER DECLARING

POLICE SERVICE DOG AS SURPLUS AND AUTHORIZING THE CITY OF SANGER

PURCHASING AGENT TO DISPOSE OF SAID PROPERTY BY SALE TO THE

CITY OF CLOVIS

WHEREAS, the City of Sanger has determined that Police Service Dog Rocky is no longer needed or in use for City purposes; and

WHEREAS, in that said property is no longer usable, or in use for City purposes, the City council is authorized to declare said property surplus and allow for its sale to the City of Clovis for the sum of $10,000; and

WHEREAS, said procedure is authorized pursuant to Sanger City Code Section 2-212 and Government Code Section 37350;

NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of California:

1. The foregoing recitals are true and correct and incorporated by reference.

2. Police Service Dog Rocky is hereby declared surplus and no longer needed for municipal purposes by the City of Sanger.

3. The City Council hereby authorizes the City’s Purchasing Agent to sell said surplus property to the City of Clovis for $10,000.

4. The Purchasing Agent is hereby authorized to take any necessary steps to accomplish this purpose under the guidelines set forth herein and the general law of the City including preparation of agreement subject to City Attorney review.

* * * * * * * * * * * * * * * * *
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council held on the 5th day of September 2024, and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

__________________________________________
Rebeca Padron, City Clerk
81 82
Prepared by: _Joshua Johnson, Police Commander_ Approved by: ________________________

REVIEW: City Manager: ______ Finance: ___MS____ 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: September 5, 2024

Agenda Item No.: F-8

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Greg Garner, Chief of Police
Subject: Ratification of Vehicle Lease Agreement with Enterprise Fleet Management Attachments: A) Master Equity Lease Agreement with attached Lease Schedules B) Full Maintenance Agreement
C) Consignment Auction Agreement
D ) Sole Source Letter

RECOMMENDATION:

It is recommended that the City Council ratify a Master Equity Lease Agreement with Enterprise FM Trust, a Delaware statutory trust (“Enterprise Fleet Management”) through July 2026 relating to the lease of two Police Department vehicles. This will ensure that the Sanger Police Department retains essential administrative vehicles, allowing for uninterrupted operations within the department’s investigative and administrative units.

EXECUTIVE SUMMARY:

In 2023, the Sanger Police Department faced significant challenges with its aging administrative vehicle fleet. The two 2014 Chevrolet Impalas assigned to the Investigations Unit had accrued nearly 100,000 miles, leading to increased maintenance costs and reliability concerns. Additionally, the vehicles were widely recognized as police cars, rendering them ineffective for investigative operations.

To address this, the Police Department collaborated with then-Finance Director Patrick Chaffee to explore a more cost-effective solution for acquiring new vehicles. After thorough research, an equity lease agreement with Enterprise Fleet Management was identified as the optimal solution. This agreement allowed the department to replace the aging vehicles with a new vehicles, without any upfront costs and with a comprehensive maintenance package included. The Master Lease is a three year lease agreement for two vehicles. The total monthly cost for both vehicles is $1,640.60, amounting to $19,687.20 annually 83 \\nas1\shared\Forms & Templates

At this time, Council is asked to ratify the lease as its continuation is essential to support the Department's operational effectiveness and to maintain fleet readiness.

BACKGROUND:

In 2023, the Sanger Police Department recognized an urgent need to replace its two 2014 Chevrolet Impalas. These vehicles, integral to the Investigations Unit, had nearly 100,000 miles each and were becoming increasingly expensive to maintain. Beyond maintenance concerns, these vehicles were well- known within the community as police vehicles, which compromised their use in undercover operations.

While the City typically budgets for two police vehicles annually, the funds were allocated towards necessary patrol vehicles, leaving insufficient resources for unmarked administrative vehicles. To address this, the Police Department investigated alternative solutions and proposed entering an equity lease agreement with Enterprise Fleet Management. This program provided a viable path to acquire two new vehicles, essential for the department’s operations, without the large overhead of a cash purchase.

The terms of the equity lease agreement include:
• The Police Department specifies the types of vehicles needed and sets a total monthly budget. • Enterprise Fleet Management locates vehicles that meet these specifications. • Upon selection, the vehicles are delivered to the Police Department. • The lease is structured over a 36-month period with no mileage limitations. • The lease includes a full maintenance program covering all routine maintenance with the department's preferred service provider, including one set of brakes. • At the end of the lease term, the Police Department has the option to purchase the vehicles at a reduced Blue Book value or have Enterprise sell the vehicles, with any profits exceeding the reduced Blue Book value returned to the City or rolled into a new lease. .

REASON FOR RECOMMENDATION:

The continuation of this lease agreement is crucial to the Sanger Police Department’s operations. The vehicles acquired under this lease are essential for investigative and administrative duties, ensuring that the department remains operationally effective. The agreement also provides a financially prudent solution, fitting within the department’s approved budget for vehicle expenses. Discontinuing the lease would lead to operational disruptions due to the lack of suitable unmarked vehicles.

FISCAL IMPACT:

The total cost of the 36-month lease agreement is $59,061.60, totaling $19,687.20 a year, with a monthly payment of $1640.60. The City has completed 12 monthly payments, totaling $19,687.20 plus late fees.

The balance remaining on the lease agreement totals $39,374.40 which is to be divided between the 2024/2025 budget, and the 2025/206 budget.

84 \\nas1\shared\Forms & Templates

ALTERNATIVES:

Should the Council choose not to approve the continuation of the lease agreement, the City will default on the agreement and payments, necessitating the return of the vehicles to Enterprise Fleet Management. This would significantly impact the Police Department’s operations, as there would be an insufficient number of vehicles available for use by the administrative and investigative staff.

ACTIONS FOLLOWING APPROVAL:

Upon approval, the Police Department will continue the vehicle lease agreement with Enterprise Fleet Management through July 2026, ensuring the availability of necessary administrative vehicle s and maintaining operational effectiveness.
85 MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this _______ day of _____________________, 20____, by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”).

1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms and conditions set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement, each of which are incorporated herein as part of a single, unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.

2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule.

3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78’s and the adjusted amount will be payable by Lessee to Lessor on the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term, subject to Lessor’s right to recoup any amounts Lessor would owe to Lessee under this Section 3(c) against any obligations of Lessee to Lessor under this Agreement. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle.
(d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to and recouped against any losses and/or damages suffered by Lessor as a result of Lessee’s breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”).

Initials: EFM________ Customer________
DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 19th
23July
86 (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.

4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances (including without limitation such federal, state and local laws, statutes, rules, regulations and ordinances governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. In connection with autonomous vehicles and automated driving systems and the parts, components and products related thereto, Lessee agrees to comply with all applicable guidance and professional standards issued, released or published by governmental and quasi-governmental agencies, including without limitation the federal guidance for automated vehicles published by the Department of Transportation and the Federal Automated Vehicle Policy issued by the U.S. Department of Transportation and the National Highway Traffic Safety Administration. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer’s trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor’s written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder.

5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, licensing, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.

6. LICENSE AND CHARGES: Each Vehicle will be titled, registered and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor- owned vehicle.

7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee’s expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling, licensing and/or registration laws of such other state.

8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer’s instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Lessee will not make (or cause to be made) any alterations, upgrades, upfitting, additions or improvements (collectively, “Alterations”) to any Vehicle which (i) could impact or impair the “motor vehicle safety” (as defined by the Motor Vehicle Safety Act) of the Vehicle, or (ii) could impact, impair, void or render unenforceable the manufacturer’s warranty. Without the prior written consent of Lessor, Lessee will not make (or cause to be made) any Alterations to any Vehicle which (i) detracts, impairs, damages or alters the Vehicle’s nature, purpose, economic value, remaining useful life, functionality, utility, software or controls, or (ii) subjects the Vehicle or any part or component of such Vehicle to any lien, charge or encumbrance. Any Alterations of any nature to a Vehicle are made at Lessee’s sole cost, risk and liability, including without limitation, any such Alterations approved by, or made with the assistance or at the direction of Lessor. Any replacement parts added to any Vehicle shall be in at least as good an operating condition as the prior part before the replacement (assuming such part was, at the time of the replacement, in the condition required by the terms of this Agreement). Any Alterations to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4 and shall be free of any liens, charges or encumbrances; provided, however, Lessor shall have the right at any time to require Lessee to remove any such Alteration at Lessee’s sole cost, expense and liability. In no event or instance shall the value of any Alterations be regarded as rent. Lessee and Lessor acknowledges and agrees that Lessor will not be required to make any repairs, replacements or Alterations of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any such Vehicle(s) or this Agreement.

Initials: EFM________ Customer________
DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 87 (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).

9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN,

CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT

LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,” “WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee’s only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle.
(c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. (d) In no event shall Lessor, Servicer or any other agent of Lessor or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this Agreement, including, without limitation, any breach or performance of this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not Lessor, Servicer or any other agent of Lessor or their respective affiliates were advised of the possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit, arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.

11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability, and that Lessor will suffer immediate and irreparable harm if Lessee fails to comply with such obligations:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage per accident with No Deductible is required for each Vehicle capable of transporting more than 8 passengers):

State of Vehicle Registration
Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont
Florida
All Other States
Coverage
$1,000,000 Combined Single Limit Bodily Injury and Property Damage per accident - No Deductible
$500,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage per accident (100/300/50) - No Deductible
$300,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage per accident (100/300/50) - No Deductible
Initials: EFM________ Customer________
DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 88 (ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $1,000 per accident - Collision and $1,000 per accident - Comprehensive).

If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee’s attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.

Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle.

In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee’s expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.

12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.

13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.

14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under Initials: EFM________ Customer________
DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 89 this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition, a going concern audit comment of Lessee or any guarantoror (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.

Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee’s default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys’ fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee’s rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee.

Any termination shall not affect Lessee’s obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee’s obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.

15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.

Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee’s interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.

16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL ” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.

17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement.

Initials: EFM________ Customer________
DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 90 © 2022 Enterprise Fleet Management, Inc. K06831_Gov Equity Form_Updated Initials: EFM________ Customer________

19. NON-APPROPRIATION: Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).

IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.

LESSEE: ______________________________________ _________________ Signature:________________________________________________________ By: ______________________________________ _________________ Title: ______________________________________ _________________ Address: ______________________________________ _________________ ______________________________________ _________________ ______________________________________ _________________ Date Signed:____________________________________, _________________ LESSOR: Enterprise FM Trust
By: Enterprise Fleet Manag ement, Inc. its attorney in fact Signature: ___________________________________________________ By: ___________________________________________________ Title: ___________________________________________________ Address: ___________________________________________________ ___________________________________________________
___________________________________________________
Date Signed:____________________________________, ______________ DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 1700 7th Street
City of Sanger
Sanger, CA
93657
July 19, 2023
Joshua Johnson
Police Commander Finance Manager
150 North Sunrise Avenue
Krystle Mertens
Roseville, CA
July 19, 2023
95661
91 Supplemental to and part of Master Equity Lease Agreement date: 07/19/2023

1. Lessee Name City of Sanger Delivery Date 08/09/2023 Address 1700 7th Street Customer# 628960
City Sanger State CA Postal Code 93657
ATTN
Driver Johnson, Joshua
Address 1700 7th St Garage County FRESNO
City SANGER State CA Postal Code 93657-2804

2. Lease Term Commencing on the delivery date of the vehicle and ending 36 months after the first full monthly rental payment date. with an option to continue month-to-month for an unlimited period of time.

3. Vehicle Description Year 2023 Make Nissan Model Pathfinder Series SV 4dr Front-Wheel Drive
License # temp Unit # 275W28 Replacement Unit # VIN# 5N1DR3BA3PC266647

4. Monthly Rental and Other Payments Due
4A. Calculation of Monthly Rental
$38,915.00 Capitalized Price of Vehicle
$0.00 Initial License Fee
$0.00 Sales Tax
$255.87 Other: (See Page 2)
$0.00 Extended Mechanical Service Program
$0.00 Less Gain Applied From Prior Unit
$0.00 Less Capitalized Price Reduction
$39,170.87 Total Capitalized Amount (Delivered Price)
$587.56 Depreciation Reserve @1.50%
$254.26 Monthly Lease Charge
$841.82 Total Monthly Rental Excluding Additional Services *** Report is based on ***
*** Delivery/Activation Date ***
Additional Services
$66.39 Full Maintenance1 Contract Miles 45,000 Overmileage Charge $0.0400 Per Mile Incl: # Brake Sets (1 Set = 1Axle) 0 # Tires 0 Loaner Vehicle Not Included Master Policy Enrollment Fees
$0.00 Physical Damage Management Comp/Collision Deductible 0/0 $0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$908.21 Monthly Rental Sub-Total
$73.45 Sales Tax 8.7250 State CA
$981.66 Total Monthly Rental Including Additional Services 4B. Initial Charges
$726.33 Pro-Rated Rental
$981.66 First Month's Rental
$0.00 Security Deposit
$0.00 Capitalized Price Reduction
$0.00 Sales Tax on Capitalized Price Reduction
$0.00 Tax on Gain On Prior
$0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $554.56 License and Certain Other Charges
$0.00 Aftermarket Equipment
$150.00 Other: (See Page 2)
$2,412.55 Total Initial Charges
4C. Service Charge $400.00 Service Charge Due at Lease Termination 4D. Reduced Book Value $17,649.48 Reduced Book Value at Lease Termination Quote based on estimated annual mileage of 15,000
Special Provisions
As set forth in the Master Open - End (Equity) Lease Agreement, the terms and provisions contained in this schedule shall be conclusive and binding on Lessee unless Lessee objects in writing to the same within ten (10) days after the date of delivery of the vehicle.

Enterprise FM Trust, a Delaware statutory trust, is the owner of the vehicle covered by this Schedule. Enterprise FM Trust (not Enterprise Fleet Management) is and shall be deemed to be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. All rental and other payments owed by the Lessee with respect to such vehicle under the Master Open - End (Equity) Lease Agreement shall be paid to Enterprise Fleet Management in its capacity as the servicer for Enterprise FM Trust. All references in Sections 11(a) and 12 of the Master Open - End (Equity) Lease Agreement to the "Lessor" shall include any servicer(s) and/or other agent(s) for or of Enterprise FM Trust. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold. 1 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open - End (Equity) Lease Schedule Quote No: 7355540
Printed On 08/28/2024 07:01:12 PM Page 1 of 2
92 Aftermarket Equipment Totals
Description (B)illed or (C)apped Price
Total Billed $0.00
Total Capitalized $0.00
Total $0.00

Other Totals
Description (B)illed or (C)apped Price
Delivery B $150.00
Total Billed $150.00
Initial Administration Fee C $140.00
Courtesy Delivery Fee C $0.00
Interim Interest C $115.87
Total Capitalized $255.87
Total $405.87
*** Report is based on ***
*** Delivery/Activation Date ***
Open - End (Equity) Lease Schedule Quote No: 7355540
Printed On 08/28/2024 07:01:12 PM Page 2 of 2
93 Supplemental to and part of Master Equity Lease Agreement date: 07/19/2023

1. Lessee Name City of Sanger Delivery Date 08/09/2023 Address 1700 7th Street Customer# 628960
City Sanger State CA Postal Code 93657
ATTN
Driver Johnson, Joshua
Address 1700 7th St Garage County FRESNO
City SANGER State CA Postal Code 93657-2804

2. Lease Term Commencing on the delivery date of the vehicle and ending 36 months after the first full monthly rental payment date. with an option to continue month-to-month for an unlimited period of time.

3. Vehicle Description Year 2023 Make Nissan Model Altima Series 2.5 S 4dr Front-Wheel Drive Sedan
License # temp Unit # 275W2T Replacement Unit # VIN# 1N4BL4BV0PN147203

4. Monthly Rental and Other Payments Due
4A. Calculation of Monthly Rental
$25,335.00 Capitalized Price of Vehicle
$0.00 Initial License Fee
$0.00 Sales Tax
$187.99 Other: (See Page 2)
$0.00 Extended Mechanical Service Program
$0.00 Less Gain Applied From Prior Unit
$0.00 Less Capitalized Price Reduction
$25,522.99 Total Capitalized Amount (Delivered Price)
$382.84 Depreciation Reserve @1.50%
$166.60 Monthly Lease Charge
$549.44 Total Monthly Rental Excluding Additional Services *** Report is based on ***
*** Delivery/Activation Date ***
Additional Services
$61.56 Full Maintenance1 Contract Miles 45,000 Overmileage Charge $0.0400 Per Mile Incl: # Brake Sets (1 Set = 1Axle) 0 # Tires 0 Loaner Vehicle Not Included Master Policy Enrollment Fees
$0.00 Physical Damage Management Comp/Collision Deductible 0/0 $0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$611.00 Monthly Rental Sub-Total
$47.94 Sales Tax 8.7250 State CA
$658.94 Total Monthly Rental Including Additional Services 4B. Initial Charges
$488.05 Pro-Rated Rental
$658.94 First Month's Rental
$0.00 Security Deposit
$0.00 Capitalized Price Reduction
$0.00 Sales Tax on Capitalized Price Reduction
$0.00 Tax on Gain On Prior
$0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $85.00 License and Certain Other Charges
$0.00 Aftermarket Equipment
$150.00 Other: (See Page 2)
$1,381.99 Total Initial Charges
4C. Service Charge $400.00 Service Charge Due at Lease Termination 4D. Reduced Book Value $11,500.15 Reduced Book Value at Lease Termination Quote based on estimated annual mileage of 15,000
Special Provisions
As set forth in the Master Open - End (Equity) Lease Agreement, the terms and provisions contained in this schedule shall be conclusive and binding on Lessee unless Lessee objects in writing to the same within ten (10) days after the date of delivery of the vehicle.

Enterprise FM Trust, a Delaware statutory trust, is the owner of the vehicle covered by this Schedule. Enterprise FM Trust (not Enterprise Fleet Management) is and shall be deemed to be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. All rental and other payments owed by the Lessee with respect to such vehicle under the Master Open - End (Equity) Lease Agreement shall be paid to Enterprise Fleet Management in its capacity as the servicer for Enterprise FM Trust. All references in Sections 11(a) and 12 of the Master Open - End (Equity) Lease Agreement to the "Lessor" shall include any servicer(s) and/or other agent(s) for or of Enterprise FM Trust. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold. 1 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open - End (Equity) Lease Schedule Quote No: 7352333
Printed On 08/28/2024 07:01:13 PM Page 1 of 2
94 Aftermarket Equipment Totals
Description (B)illed or (C)apped Price
Total Billed $0.00
Total Capitalized $0.00
Total $0.00

Other Totals
Description (B)illed or (C)apped Price
Delivery B $150.00
Total Billed $150.00
Initial Administration Fee C $140.00
Courtesy Delivery Fee C $0.00
Interim Interest C $47.99
Total Capitalized $187.99
Total $337.99
*** Report is based on ***
*** Delivery/Activation Date ***
Open - End (Equity) Lease Schedule Quote No: 7352333
Printed On 08/28/2024 07:01:13 PM Page 2 of 2
95 Supplemental to and part of Master Equity Lease Agreement date: 07/19/2023

1. Lessee Name City of Sanger Delivery Date 08/09/2023 Address 1700 7th Street Customer# 628960
City Sanger State CA Postal Code 93657
ATTN
Driver Johnson, Joshua
Address 1700 7th St Garage County FRESNO
City SANGER State CA Postal Code 93657-2804

2. Lease Term Commencing on the delivery date of the vehicle and ending 36 months after the first full monthly rental payment date. with an option to continue month-to-month for an unlimited period of time.

3. Vehicle Description Year 2023 Make Nissan Model Pathfinder Series SV 4dr Front-Wheel Drive
License # temp Unit # 275W28 Replacement Unit # VIN# 5N1DR3BA3PC266647

4. Monthly Rental and Other Payments Due
4A. Calculation of Monthly Rental
$38,915.00 Capitalized Price of Vehicle
$0.00 Initial License Fee
$0.00 Sales Tax
$255.87 Other: (See Page 2)
$0.00 Extended Mechanical Service Program
$0.00 Less Gain Applied From Prior Unit
$0.00 Less Capitalized Price Reduction
$39,170.87 Total Capitalized Amount (Delivered Price)
$587.56 Depreciation Reserve @1.50%
$254.26 Monthly Lease Charge
$841.82 Total Monthly Rental Excluding Additional Services *** Report is based on ***
*** Delivery/Activation Date ***
Additional Services
$66.39 Full Maintenance1 Contract Miles 45,000 Overmileage Charge $0.0400 Per Mile Incl: # Brake Sets (1 Set = 1Axle) 0 # Tires 0 Loaner Vehicle Not Included Master Policy Enrollment Fees
$0.00 Physical Damage Management Comp/Collision Deductible 0/0 $0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$908.21 Monthly Rental Sub-Total
$73.45 Sales Tax 8.7250 State CA
$981.66 Total Monthly Rental Including Additional Services 4B. Initial Charges
$726.33 Pro-Rated Rental
$981.66 First Month's Rental
$0.00 Security Deposit
$0.00 Capitalized Price Reduction
$0.00 Sales Tax on Capitalized Price Reduction
$0.00 Tax on Gain On Prior
$0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $554.56 License and Certain Other Charges
$0.00 Aftermarket Equipment
$150.00 Other: (See Page 2)
$2,412.55 Total Initial Charges
4C. Service Charge $400.00 Service Charge Due at Lease Termination 4D. Reduced Book Value $17,649.48 Reduced Book Value at Lease Termination Quote based on estimated annual mileage of 15,000
Special Provisions
As set forth in the Master Open - End (Equity) Lease Agreement, the terms and provisions contained in this schedule shall be conclusive and binding on Lessee unless Lessee objects in writing to the same within ten (10) days after the date of delivery of the vehicle.

Enterprise FM Trust, a Delaware statutory trust, is the owner of the vehicle covered by this Schedule. Enterprise FM Trust (not Enterprise Fleet Management) is and shall be deemed to be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. All rental and other payments owed by the Lessee with respect to such vehicle under the Master Open - End (Equity) Lease Agreement shall be paid to Enterprise Fleet Management in its capacity as the servicer for Enterprise FM Trust. All references in Sections 11(a) and 12 of the Master Open - End (Equity) Lease Agreement to the "Lessor" shall include any servicer(s) and/or other agent(s) for or of Enterprise FM Trust. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold. 1 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open - End (Equity) Lease Schedule Quote No: 7355540
Printed On 08/28/2024 07:04:38 PM Page 1 of 2
96 Aftermarket Equipment Totals
Description (B)illed or (C)apped Price
Total Billed $0.00
Total Capitalized $0.00
Total $0.00

Other Totals
Description (B)illed or (C)apped Price
Delivery B $150.00
Total Billed $150.00
Initial Administration Fee C $140.00
Courtesy Delivery Fee C $0.00
Interim Interest C $115.87
Total Capitalized $255.87
Total $405.87
*** Report is based on ***
*** Delivery/Activation Date ***
Open - End (Equity) Lease Schedule Quote No: 7355540
Printed On 08/28/2024 07:04:38 PM Page 2 of 2
97 FULL MAINTENANCE AGREEMENT
This Full Maintenance Agreement (this “Agreement”) is made and entered into this ______ day of ____________, by Enterprise Fleet Management, Inc., a Missouri corporation (“EFM”), and ________________________________________________________________ (“Lessee”).

WITNESSETH

1. LEASE. Reference is hereby made to that certain Master Lease Agreement dated as of the ______ day of __________, 20__, by and between Enterprise FM Trust, a Delaware statutory trust, as lessor (“Lessor”), and Lessee, as lessee (as the same may from time to time be amended, modified, extended, renewed, supplemented or restated, the “Lease”). All capitalized terms used and not otherwise defined in this Agreement shall have the respective meanings ascribed to them in the Lease.

2. COVERED VEHICLES. This Agreement shall only apply to those vehicles leased by Lessor to Lessee pursuant to the Lease to the extent Section 4 of the Schedule for such vehicle includes a charge for maintenance (the “Covered Vehicle(s)”).

3. TERM AND TERMINATION. The term of this Agreement (“Term”) for each Covered Vehicle shall begin on the Delivery Date of such Covered Vehicle and shall continue until the last day of the “Term” (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth below. Each of EFM and Lessee shall each have the right to terminate this Agreement effective as of the last day of any calendar month with respect to any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with respect to any or all of the Covered Vehicles shall not affect any rights or obligations under this Agreement which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to termination, and such rights and obligations shall continue to be governed by the terms of this Agreement.

4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the terms and conditions of this Agreement, it will pay for, or reimburse Lessee for its payment of, all costs and expenses incurred in connection with the maintenance or repair of a Covered Vehicle. This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between changes, (c) tire or brake repair and replacement beyond what is allocated within the Lease Schedule, (d) washing, (e) repair of damage due to lack of maintenance or neglect by Lessee between scheduled services (including, without limitation, failure to maintain fluid levels), (f) maintenance or repair of, or damage caused by, any alterations, upgrades, upfitting, additions, improvements (collectively, “Alterations”) or unauthorized replacement parts added to a Covered Vehicle or of any after-market components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory-installed components and does not cover maintenance or repair of chassis alterations, add-on bodies (including, without limitation, step vans), software or other equipment (including, without limitation, lift gates, autonomous or automated vehicle equipment, components, parts or products, and PTO controls) which is installed or modified by a dealer, body shop, upfitter or anyone else other than the manufacturer of the Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of (1) an accident, a collision, theft, fire, freezing, vandalism, riot, explosion, other Acts of God, an object striking the Covered Vehicle, improper use of the Covered Vehicle (including, without limitation, driving over curbs, overloading, racing or other competition) or (2) Lessee’s failure to maintain or use the Covered Vehicle as required by and in compliance with, (A) the Lease, (B) all laws, statutes, rules, regulations and ordinances (including without limitation such applicable federal, state and local laws, statutes, rules, regulations, ordinances, guidance and professional standards governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and (C) the provisions of all insurance policies affecting or covering the Covered Vehicles or their use or operation, (h) roadside assistance or towing for routine vehicle maintenance purposes unless the vehicle is inoperable, (i) mobile services, (j) the cost of loaner or rental vehicles beyond what is allocated within the Lease Schedule or (k) if the Covered Vehicle is a Vehicle with a manual transmission, such manual transmission clutch adjustment or replacement. Whenever it is necessary to have a Covered Vehicle serviced, Lessee agrees to have the necessary work performed by an authorized dealer of such Covered Vehicle or by a service facility acceptable to EFM. In every case, if the cost of such service will exceed $125.00, which may change from time to time based on market conditions, Lessee or service provider must notify EFM and obtain EFM’s authorization for such service and EFM’s instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for all service to a Covered Vehicle, accompanied by a copy of the shop or service order (odometer mileage must be shown on each shop or service order). EFM will not be obligated to pay for any unauthorized charges or those exceeding $125.00, which may change from time to time based on market conditions, for one service on any Covered Vehicle unless Lessee has complied with the above terms and conditions. EFM will not have any responsibility to pay for any services in excess of the services recommended by the manufacturer, unless otherwise agreed to by EFM. Notwithstanding any other provision of this Agreement to the contrary, (a) all service performed within one hundred twenty (120) days prior to the last day of the scheduled “Term” (as defined in the Lease) for the applicable Covered Vehicle must be authorized by and have the prior consent and approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee and (b) EFM is not required to provide or pay for any service to any Covered Vehicle beyond the contract mileage not to exceed 120,000 miles.

5. ENTERPRISE CARDS: EFM may, at its option, provide Lessee with an authorization card (the “EFM Card”), which is an electronic card located on the Efleets mobile app and the efleets.com client website, for use in authorizing the payment of charg es incurred in connection with the maintenance of the Covered Vehicles.

Lessee agrees to be liable to EFM for, and upon receipt of a monthly or other statement from EFM, Lessee agrees to promptly pay to EFM, all charges made by or for the account of Lessee with the EFM Card (other than any charges which are the responsibility of EFM under the terms of this Agreement). EFM reserves the right to change the terms and conditions for the use of the EFM Card at any time. The EFM Card remains the property of EFM and EFM may revoke Lessee’s right to possess or use the EFM Card at any time. Upon the termination of this Agreement or upon the demand of EFM, Lessee shall immediately cease using or accessing the EFM Card. The EFM Card is non-transferable.

Initials: EFM________ Lessee________
DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 City of Sanger
23rd July
19th July 2023
23 98

6. PAYMENT TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on the first day of each month. If the first day of the Term for a Covered Vehicle is other than the first day of a calendar month, Lessee will pay EFM, on the first day of the Term for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within twenty (20) days after its due date will accrue interest, payable upon demand of EFM, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate allowed by applicable law. The monthly maintenance fee set forth on each applicable Schedule allows the number of miles per month as set forth in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term (whether by reason of termination of this Agreement or otherwise) an overmileage maintenance fee for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as an agent for EFM, to bill and collect amounts due to EFM under this Agreement from Lessee on behalf of EFM.

7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM arranges for maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER

OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE WITH

RESPECT TO ANY EQUIPMENT, PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT

LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PRODUCT, REPAIR OR SERVICE WILL NOT

RELIEVE LESSEE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER CHARGES DUE UNDER THIS AGREEMENT.

In no event shall EFM or its agents or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this agreement, including, without limitation, any breach or performance of this agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not EFM or its agents or their respective affiliates were advised of the possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit, arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

8. LESSOR NOT A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement.

9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person, electronic mail or mailed postage prepaid by registered or certified mail or sent by express overnight delivery service with a nationally recognized carrier, to the applicable party at its address set forth on the signature page of this Agreement, or at such other address as any party hereto may designate as its address for communications under this Agreement by notice so given. Any such notice or communication sent by mail will be effective and deemed received three (3) days after deposit in the United States mail, duly addressed to the address for the Party set forth below, with registered or certified mail postage prepaid. Any such notice or communication sent by express overnight delivery service with a nationally recognized carrier will be effective and deemed received one (1) day after deposit with such delivery service, duly addressed, with delivery fees prepaid. The Lessee shall promptly notify EFM of any change in the Lessee’s address.

10.MISCELLANEOUS. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate
any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance
with the substantive laws of the State of Missouri (without reference to conflict of law principles).

IN WITNESS WHEREOF , EFM and Lessee ha
ve executed this Full Maintenance Agreement as of the day and year first above written.

LESSEE: _______________________________________________________ Signa
ture:________________________________________________________ By: __ ____________________________________ _________________ Title: ______________________________________ _________________ Addr
ess: _______________________________________________________ _______________________________________________________ _______________________________________________________ Date Signed:____________________________________, _________________ Initials: EFM________
Lessee________
EFM: Enterprise Fleet Manag ement, Inc.

Signature: ___________________________________________________ By: ___________________________________________________ Title: ___________________________________________________ Address: ___________________________________________________ ___________________________________________________
___________________________________________________
Date Signed: ____________________________________, ___________ © 2022 Enterprise Fleet Management, Inc. K06788 MaintAgree Walkaway_update2.22 DocuSign Envelope ID: 7F0E223B-8254-42C1-94D7-924A03BCB708 93657
Joshua Johnson
Sanger, CA
City of Sanger
Police Commander
1700 7th St
July 19, 2023
95661
150 North Sunrise Avenue
Roseville, CA
Finance Manager
July 19, 2023
Krystle Mertens
99 100
101
1 7 0 0 7TH S T . S A N G E R, C A 9 3 6 5 7

M E M O R A N D U M
DATE: August 6, 2024
TO: City of Sanger Finance Department
FROM: Greg Garner, Chief of Police

SUBJECT: Sole Source Request

I am writing to address the recent inquiries regarding the vehicle lease agreement entered into by the Police Department. Former Finance Director Patrick Chaffee, in consultation with the Police Department, established a lease agreement with Enterprise Fleet Services for a period of three years.

This decision was made to address our immediate need for additional vehicles for both staff and investigative purposes, without incurring a significant capital expenditure upfront.

The agreement was made with the consideration of the approved 2023/2024 budget, which has already allocated funds for vehicle expenditures, as well as the 2024/2025 budget. Given that the overall monthly lease cost is below $5,000 and the annual expenditure cap is less than $30,000, no other lease programs were considered.

Sincerely,

Greg Garner
Chief of Police
City of Sanger Police Department

GLG/jdj

GREG GARNER, CHIEF OF POLICE

102
Prepared by: _David Brletic _ Approved by: ________________________

REVIEW: City Manager: ______ Finance: ___MS____ 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: September 5, 2024

Agenda Item No.: F-9

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members

From: David Brletic, Community Development Director

Subject: Letter of Support – Self-Help Enterprises’ , Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657.

Attachments: City Council Letter of Support – Self-Help Enterprises’ Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657.

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council a pprove and authorize the Mayor to sign the Letter of Support for Self-Help Enterprises’ Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657.

EXECUTIVE SUMMARY:

Self-Help Enterprises has requested a letter of support from the City Council for Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657. Self -Help Enterprises is submitting an application for State of California, Housing and Community Development ( HCD), Community Development Block Grant -Disaster Recovery Multifamily Housing Program (DR -MHP).

Cherry Crossing II proposes construction of 64 units of affordable rental housing. Sanger Crossings (Phases I and Phase II) is approved Site Plan Review No. 2022-07.

103

BACKGROUND:

Mr. Tom Collishaw, President/CEO, Self-Help Enterprises, has requested a letter of support from the City Council for the second phase of the current project in the City of Sanger, Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657.

Cherry Crossing I, an Affordable Rental Housing Project is currently under construction nearing completion. The second phase of the project, Cherry Crossing II Affordable Rental Housing Project is submitting an application for State of California, Housing and Community Development ( HCD), Community Development Block Grant-Disaster Recovery Multifamily Housing Program (DR-MHP).

The Cherry Crossing II project provides the opportunity for construction of 64 units of affordable rental housing. Safe, affordable housing is a critical need in our com munity, a need Self -Help Enterprises has successfully addressed in San Joaquin Valley communities since 1965. The proposed project would provide affordable rental opportunities for families with limited incomes, and HCD’s Community Development Block Grant-Disaster Recovery Multifamily Housing Program financing is critical for the success of this project.

Sanger Crossings (Phases I and Phase II) is approved Site Plan Review No. 2022-07.

REASON FOR RECOMMENDATION:

The Letter of Support from the City Council will help Self-Help Enterprises application for funding and encourages HCD to consider this project for DR-MHP funding. The City of Sanger supports this project and application.

FISCAL IMPACT:

None.

ALTERNATIVES:

Do not approve the Letter of Support.

ACTIONS FOLLOWING APPROVAL:

The Mayor will sign the letter on behalf of the City of Sanger and will then provide the letter to Self -Help Enterprises for their application submittal.

104

CITY OF SANGER
1700 7TH Street
Sanger, California 93657-2804
Telephone: (559) 876-6300, Extension 1500
Fax: (559) 875-8956

CITY COUNCIL OFFICE

FRANK GONZALEZ, MAYOR

September 5, 2024

Tom Collishaw
President/CEO
8445 W. Elowin Court
P.O. Box 96520
Visalia, CA 93290

Subject: Cherry Crossing II Affordable Rental Housing Project, 1360 Cherry Avenue, Sanger, CA 93657.

Dear Mr. Collishaw,

On behalf of the City of Sanger, we are writing this letter of support for Self -Help Enterprises’ Cherry Crossing II Affordable Rental Housing Project and application for HCD’s Community Development Block Grant-Disaster Recovery Multifamily Housing Program (DR-MHP).

The Cherry Crossing II project provides the opportunity for construction of 64 units of affordable rental housing. Safe, affordable housing is a critical need in our community, a need Self -Help Enterprises has successfully addressed in San Joaquin Valley communities since 1965. The proposed project would provide affordable rental opportunities for families with limited incomes, and HCD’s Community Development Block Grant-Disaster Recovery Multifamily Housing Program financing is critical for the success of this project.

The City of Sanger supports this project and application for funding and encourages HCD to consider this project for DR-MHP funding.

Should you have any questions, please feel free to contact Nathan Olson, City Manager at (559) 876- 6300, Ext. 1500.

Sincerely,

Frank Gonzalez
Mayor
City of Sanger

105
Prepared by: Derek Sylvester, Senior Planner Approved by:

REVIEW: City Manager: Finance: MS City Attorney:

TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION X Consent
Informational Item
X Action Item
Department Report

Public Hearing
Matter Initiated by a Council Member
Other:

Continued to:

For the Meeting of: September 5, 2024
Agenda Item No.: F-10

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Councilmembers
From: David Brletic, Community Development Director
Subject: Vacation 2024-01 (VAC 2024-01), summary vacation of an excess portion of right- of-way located on the southwest corner of North Avenue and Industrial Way, 1815 Industrial Way, APN 332-190-49.

Attachments:

A. Location Map
B. City Council Resolution No. 2024-60
CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends the City Council a dopt Resolution No. 2024-60 approving VAC 2024- 01, a summary vacation of an excess portion of right -of-way located on the southwest corner of North Avenue and Industrial Way, 1815 Industrial Way, APN 332-190-49, and finding the project is exempt according to CEQA Guidelines Section 15061(b)(3), which is the “general rule” or “common sense” exemption.

EXECUTIVE SUMMARY:

City staff requests approval to vacate an unutilized, excess portion of right-of-way located on the southwest corner of North Avenue and Industrial Way. The portion of right of way bisects 1815 Industrial Way, APN 332-190-49. The vacation would allow a proposed development to move forward, as construction over right-of-way and ingress/egress easements are not allowed. The area to be vacated has not been utilized as a public street, will not require new improvements or modifications to existing streets, nor change the existing configuration of North Avenue or Industrial Way.

The Planning Commission adopted Resolution 2024- 16 on August 22, 2024, which determined that the vacation of the excess public right-of-way for ingress/egress is consistent with the Sanger General Plan and 106
conforms with the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation.”

BACKGROUND:

In 1973, Tract 2490 for the Sanger Industrial Park was recorded which establish 20 individual properties a
long planned Industrial Way. At the time, the Lone Tree Canal ran through a few lots of Tract 2490, mostly Lot 1 and Lot 20, which are the properties closest to North Avenue (current 1815 and 1816 Industrial Way).

For interim access to the properties south of Lot 1 and 20 within the subdivision, a 50ft access easement was recorded on the map that curved south from North Avenue connecting to Industrial Way, avoiding conflict with the existing location of the canal.

A condition of approval of Tract 2490 was to cover and pipe the canal, relocating it underground so that Lot 1 and Lot 20 may be fully utilized and developed. The work was completed as it is found today, with the canal being successfully covered and piped to continue the canal on the eastern side of Tract 2490.

Industrial Way was built and now serves the properties for access to North Avenue.

The City received a development proposal for 1815 Industrial Way from the property owner for expansion of their ex isting business located across the street at 1816 Industrial Way. In reviewing the development proposal, it was found in the title report that the property was incumbered by the aforementioned 50ft access easement for public ingress/egress to the subdivision. Being that the construction regarding piping/covering the canal and construction of Industrial Way is complete, the 50ft access easement is no longer necessary and can be vacated to allow the property development and full utilization of the property.

ENVIRONMENTAL ANALYSIS

Staff has performed a preliminary environmental assessment of the project and recommends the Planning Commission find that find the project is exempt under CEQA Guidelines 15061(b)(3), which is the “general rule” or “common sense” exemption, as it can be found with certainty that there is no possibility that the project may have significant effect on the environment.

REASON FOR RECOMMENDATION:

Allows for development of a historically vacant property.

FISCAL IMPACT:

No fiscal impact.

107
Attachment A. Location Map

Subject
Property

NORTH AVE
108
RESOLUTION 2024-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING

A SUMMARY VACATION PURSUANT TO STREETS & HIGHWAYS CODE SECTION 8330 ET SEQ. OF AN EXCESS PORTION OF RIGHT OF WAY LOCATED WITHIN AN

EXISTING PROPERTY AT THE SOUTHWEST CORNER OF NORTH AVENUE AND INDUSTRIAL WAY, 1815 INDUSTRIAL WAY, APN 332-190-49

WHEREAS, the City of Sanger received a development application for property located on southwest corner of North Avenue and Industrial Way, commonly known as 1815 Industrial Way, APN 332-190-49 (“Property”); and

WHEREAS, the Property is burdened on title with an undeveloped and nonutilized 50’ right-of-way designated for ingress and egress purposes that is not required for street or highway purposes (“Excess ROW”); and

WHEREAS, adjoining properties or existing public service easements will not be affected by the vacation of Excess ROW; and

WHEREAS, California Streets and Highways Code Section 8330 et seq. permits the City Council to summarily vacate a street or highway that has been superseded by relocation, provided that the vacation would not cut off all access to a person’s property which, prior to relocation, adjoins the street or highway, and does not terminate a public service easement; and

WHEREAS, the Planning Commission adopted Resolution 2024-16 at a public meeting held on August 22, 2024, recommend ing the City Council vacate the subject Excess ROW pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code, §8300 et. Seq.); and

WHEREAS, the proposed Project is considered a “project” by California Environmental Quality Act (CEQA); however, the Project is exempt in accordance with CEQA Guidelines Section 15061(b)(3), which is the “general rule” or “common sense” exemption; and

WHEREAS, after due consideration of all the items before it, the City Council now desires to approve the Project and adopt a finding under CEQA Guidelines section 15061(b)(3) for the project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger as follows:

1. Recitals. The recitals above are true and correct and incorporated herein.

2. General Plan: The excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8334, and 8334.5 of the California Streets and Highways Code and finds that it d oes not serve as a public benefit. The City Council finds that the summary vacation of the excess ROW is in conformance with the City of Sanger General Plan 109
because the excess ROW does not serve a public benefit and is appropriate for summary vacation because the excess ROW : (i) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public funds have been used for its maintenance; (ii) has been determined to be excess by the City, and there are no other public utilities located within it; ( iii) is not required for street or highway purposes; and (iv) does not contain public utility facilities that are in use or would be affected by the vacation. The summary vacation of the excess ROW is consistent with the General Plan Circulation Element.

3. Streets and Highway Code: The excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code the Excess ROW: (i) it has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (ii) it has been determined to be excess by the City, and there are no other public facilities located within it; (iii) it is not required for street or highway purposes; and (4) it does not contain public utility facilities that are in use or would be affected by the vacation.

4. CEQA. The City Council finds that the project is exempt under CEQA Guidelines 15061(b)(3), as this project is subject to the “general rule” or “common sense” exemption as it can be found with certainty that there is no possibility that the project may have significant effect on the environment.

5. Approval of Vacation. The City Council hereby approves Vacation 2024-01, as depicted in “Exhibit A” attached to this resolution.

6. Effective Date. This Resolution shall become effective upon adoption. * * * * *
I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a Resol ution duly and regularly adopted and passed by the City Council of the City of Sanger, California, at a meeting held on the 5th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Rebecca Padron, City Clerk

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LEGAL DESCRIPTION

VACATION

The 50 foot wide easement for ingress and egress as shown on the Map of Tract No. 2490, Sanger Industrial Park according to the map thereof recorded in Volume 28 of Plats at Page 24, Fresno County Records.

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Prepared by: Vianey Albarran-Perez and Joaquin Zamora Approved by: ________________________

REVIEW: City Manager: ______ Finance: ___MS____ 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: September 5, 2024
Agenda Item No.: F-11

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Joaquin Zamora, Recreation Supervisor
Subject: Approval of Part-Time Senior Center Coordinator to help with Fresno-Madera Area Agency on Aging (FMAAA) Senior Meal Program and other Senior Center programming.

CONFLICT OF INTEREST:

None known.

RECOMMENDATION
That the City Council approve a part time Senior Center Coordinator for the senior center to assist during the Senior Meal Program hours as the program continuously grows.

E

XECUTIVE SUMMARY
The Fresno-Madera Area Agency on Aging (FMAAA) contract is an ongoing agreement that provides funding utilized solely for the Senior Meal Program offered at the City of Sanger Senior Center. An audit of the senior meal program conducted by FMAAA, found that more assistance was needed for administration of the program. FMAAA funds are utilized to assist in partially funding staff for the purpose of administering the Senior Meal Program.

BACKGROUND

The City of Sanger operates a senior center at the Sanger Community Center. The senior center coordinator is responsible for daily oversight of the senior center and programs run within the senior center. The senior center is well attended, with an average of 51 senior residents visiting the center daily 113

and an average of 46 lunches provided daily. The center provides a safe location for senior residents to play games, obtain a lunch provided by FMAAA, and participate in other activities.

The senior center coordinator is supervised by the Recreation Supervisor but is the only assigned staff member on site at the senior center for most of the day.

REASON FOR RECOMMENDATION
FMAAA provided a recommendation, through an audit of the senior meal program, to bring in a part time employee to assist with meal distribution due to the growing number of community members attending during meal distribution and participating in the program. In order to remain compliant with the grant, the city is recommending a part time position Bebe assigned to the senior center to assist with the Senior Meal Program and other activities provided within the center.

FISCAL IMPACT
The total amount of FMAAA funds awarded to the City of Sanger for the FY 2024-2025 is $24,000 and is to be used specifically for the Senior Program. The acceptance of the grant requires the City to provide matching funds from program donations and/or the City’s General Fund. The matching funds were anticipated in the adopted City Budget. The grant match is comprised of portions of allowable staff salary and benefits for their participation in the administration of this program. The City will utilize the FMAAA grant to fund twenty (20) percent of the part time salary, and the rest will be funded through the general fund. The total cost of the position is estimated to be $36.000, of which FMAAA will cover $4,000 and the general fund will be responsible for $32,000.

A

LTERNATIVES
Council may elect not to approve adding a part time employee and an existing staff member, trained in food handling, would be required to assist with food distribution daily.

ACTIONS FOLLOWING APPROVAL
Staff recommends approval of the part time position and authorizes human resources to begin recruiting for the position.
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Prepared by: Derek Sylvester, Senior Planner Approved by:

REVIEW: City Manager: Finance: MS City Attorney: HCM

TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION Consent
Informational Item
X Action Item
Department Report

X Public Hearing
Matter Initiated by a Council Member
Other:

Continued to:

For the Meeting of: September 5, 2024
Agenda Item No.: G-1

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Councilmembers
From: David Brletic, Community Development Director
Subject: Consideration of the 2023-2031 Housing Element .

Attachments:

1. City Council Resolution No. 2024-61

2. Proof of Public Noticing

3. The following items are attached electronically and available at this link: Sanger Adoption Hearings and in the City Clerk’s Office.
a. Housing Element Update CEQA Exemption Technical Memorandum, updated July 2024 b. Notice of Exemption Form
c. 2023-2031 City of Sanger Housing Element:
i. Fresno Multi-Jurisdictional 2023-2031 Housing Element HCD Submittal Draft dated November 2023
ii. Appendix 1N: City of Sanger 2023-2031 Housing Element Adoption Draft, with TRACKED CHANGES (last revised June 2024)
iii. Appendix 1N: City of Sanger 2023-2031 Housing Element Adoption Draft, CLEAN (last revised June 2024)
iv. HCD Letter of Conditional Compliance dated June 21, 2024 CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends the City Council conduct the public hearing and adopt Resolution No. 2024-61, a resolution of the City Council approving the following actions:
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a) Approving Housing Element Update CEQA Exemption Technical Memorandum and Environmental Assessment "common sense" exemption under State CEQA Guidelines Section 15061(b)(3).
b) Adopting the 2023-2031 City of Sanger Housing Element, as required by State law. c) Directing City staff to submit the adopted 2023-2031 Housing Element to the Department of Housing and Community Development (HCD) for certification. d) Authorizing City staff to make minor administrative edits to the adopted 2023 -2031 Housing Element, as may be required for certification.

EXECUTIVE SUMMARY:

The Housing Element is a State-mandated eight-year policy document that is a component of the Sanger General Plan. The overall purpose of the Housing Element Update is to identify current and projected housing needs, show locations where housing can be built, and set goals, policies, and programs to meet the community's housing needs.

The City prepared its Housing Element as part of a Multi-Jurisdictional Housing Element regional effort in collaboration with the Fresno County Council of Governments, Fresno County, and thirteen other cities in Fresno County.

The Fresno County Council of Governments contracted with PlaceWorks and team members Ascent, Provost & Pritchard, and the California Coalition of Rural Housing to assist Fresno County and the cities within the Multi-Jurisdiction Housing Element Update.

The Multi-Jurisdiction Housing Element is a single document composed of two sections:
1) the main body, which describes demographics, housing needs, resources, and constraints at the county level and includes goals and policies common to all participating jurisdictions; and 2) individual appendices for each jurisdiction. The City of Sanger’s appendix contains key details such as the City’s sites inventory, an evaluation of the City’s existing Housing Element and any governmental constraints, as well as the City of Sanger’s specific implementation programs.

Prior to adopting this Housing Element, State law requires the State Department of Housing and Community Development (HCD) to administer the law by reviewing housing elements for compliance with State law and by reporting its written findings to the local jurisdiction. The City submitted its initial draft to HCD on October 9, 2023. HCD provided a letter with findings dated January 4, 2024. The City revised the draft in response to the letter and resubmitted it to HCD on April 24, 2024. The City received a letter from HCD on June 21, 2024, stating the City had achieved conditional compliance with State Housing Element Law (Gov. Code, § 65580 et seq). Upon the City Council’s adoption of the 2023-2031 Housing Element, the adopted draft will be submitted to HCD for a final certification review.

On August 22, 2024, staff presented the 2023-2031 Sanger Housing Element to the Planning Commission for their recommendation to the City Council of the City of Sanger regarding amending the City's General Plan to include the 2023-2031 City of Sanger Housing Element. Staff also recommended that the Planning Commission recommend that the City Council direct City staff to complete minor administrative edits as needed after adoption in order to address any remaining comments from HCD required for certification. 116
Planning Commission Resolution No. 2024-15 was adopted at the August 22, 2024 meeting which made the above recommendations to the City Council.

BACKGROUND:

California Housing Element law requires every jurisdiction to prepare and adopt a housing element as part of its General Plan. State Housing Element requirements are framed in the California Government Code, Sections 65580 through 65589, Chapter 1143, Article 10.6. The law requires the State Department of Housing and Community Development (HCD) to administer the law by reviewing Housing Elements for compliance with State law and by reporting its written findings to the local jurisdiction. Although State law allows local governments to decide when to update their General Plans, State Housing Element law mandates that Housing Elements be updated every eight years. The Housing Element must include:
1) an identification and analysis of existing and projected local housing needs; 2) an identification of resources and constraints; and
3) goals, policies, and implementation programs for the rehabilitation, maintenance, improvement, and development of housing for all economic segments of the population.

The foundation of the Housing Element is the Regional Housing Needs Allocation (RHNA), which begins with a determination of housing need issued by the California Housing and Community Development Department (HCD) and allocated by the Fresno Council of Governments (FCOG). A jurisdiction is required to demonstrate whether it has sufficient capacity to achieve its RHNA. However, identification of a site's capacity does not guarantee that construction will occur on that site, as the actual construction of units would occur as a result of a development application from a developer.

The RHNA for Sanger for this Housing Element Update is 1,494 units, including 412 very low-income units, 193 low-income units, 245 moderate-income units, and 644 above moderate-income units.

Accounting for approved and pending projects (including ADUs), vacant site capacity, and the projected ADUs, the City has a surplus of 614 units. Breaking this down by income category, the City has a surplus of 37 units in the lower-income (including extremely low, very low-, and low-income) category, a 207- unit surplus in the moderate-income category, and a 370-unit surplus in the above moderate-income category.

PUBLIC NOTICING:

Pursuant to the Government Code Section 65091 (Planning and Zoning Law) and Sanger Municipal Code, Section 17.76.040, it is required that a notice be published in a newspaper and be sent to interested parties. The public hearing notice was published in the Mid Valley Times on August 25, 2024.

ENVIRONMENTAL ANALYSIS

Housing Element Update CEQA Exemption Technical Memorandum (see attachment 3.a.) determined that the project is exempt as a "common sense" exemption under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).

REASON FOR RECOMMENDATION:

Compliance with California Housing Element law.
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FISCAL IMPACT:

No fiscal impact.

ALTERNATIVES:

The City Council may choose not to approve Resolution No. 2024-61. If so, staff requests the Council provide specific reasons for doing so and direct staff accordingly.

ACTIONS FOLLOWING APPROVAL:

Staff will coordinate submittal of the 2023 -2031 City of Sanger Housing Element to the California Housing and Community Development Department (HCD).
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RESOLUTION NO. 2024-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER I) APPROVING THE 2023- 2031 HOUSING ELEMENT UPDATE CEQA EXEMPTION TECHNICAL MEMORANDUM AND ENVIRONMENTAL ASSESSMENT, II) ADOPTING THE 2023- 2031 CITY OF SANGER HOUSING ELEMENT , III) DIRECTING STAFF TO SUBMIT THE ADOPTED 2023 -2031 HOUSING ELEMENT TO THE DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT, AND IV) AUTHORIZING STAFF TO MAKE MINOR ADMINISTRATIVE EDITS TO THE ADOPTED 2023 -2031 HOUSING

ELEMENT AS MAY BE REQUIRED FOR CERTIFICATION

WHEREAS, the Housing Element is a required element of the City of Sanger “City” General Plan; and

WHEREAS, the City adopted the current 2015-2023 Housing Element in March of 2016; and

WHEREAS, the 2015-2023 Housing Element expired in December of 2023 and the City is statutorily required to adopt an updated 2023-2031 Housing Element; and

WHEREAS, the City has conducted community outreach and technical analysis to prepare the Draft 2023 -2031 Housing Element that meets State regulatory requirements and reflects the City’s commitment to supporting housing development and programs that equitably serve all residents of the City; and

WHEREAS, the Housing Element update process includes the preparation of a Draft 2023-2031 Housing Element, a mandatory 30-day public review period, followed by a 10-business day City response to the comment period, and a 90-day review period by the California Department of Housing and Community Development (HCD); and

WHEREAS, the City made the Draft 2023- 2031 Housing Element available for public review in August 2023, and revised the Draft based on public comments received before submitting the Draft 2023-2031 Housing Element to HCD in October 2023; and

WHEREAS, the City received initial comments from HCD in December 2023 and made available a revised public Draft 2023-2031 Housing Element for public review in the same month; and

WHEREAS, the City received a letter with findings from HCD on January 4, 2024 and revised the Draft 2023 -2031 Housing Element to incorporate the recommendations from HCD then re-release to the public in April 2024; and

WHEREAS, the City received informational feedback from HCD on May 22, 2024 and revised the Draft 2023 -2031 Housing Element to incorporate the recommendations from HCD then re-released to the public in June 2024; and

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WHEREAS, the City received conditional compliance on June 21, 2024 from HCD for the Draft 2023-2031 Housing Element; and

WHEREAS, on August 22, 2024 the Planning Commission adopted Resolution No. 2024- 15, which recommended the City Council authorize staff to submit the 2023- 2031 Housing Element to HCD for certification, and authorize staff to make non- policy revisions to the 2023- 2031 Housing Element in response to any potential future HCD comments.

NOW, THEREFORE, the City Council of the City of Sanger resolves as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA: The City Council find s the project is consistent with the 2023-2031 Housing Element Update CEQA Exemption Technical Memorandum which finds that the project is exempt under CEQA Guidelines 15061(b)(3), as this project is subject to the “general rule” or “common sense” exemption as it can be found with certainty that there is no possibility that the project may have significant effect on the environment.

3. General Plan Findings: The City Council finds that the proposed amendment is consistent with the goals, objectives, and policies of the Sanger General Plan. In this regard, the City Council finds that public necessity, convenience, general welfare, and good practices justify the adoption of the General Plan Amendment including the 2023- 2031 City of Sanger Housing Element Update.

4. Approval of General Plan Amendment: The City Council adopts the City of Sanger 2023- 2031 Housing Element and authorizes staff to submit the 2023- 2031 Housing Element to HCD for certification and make non- policy revisions to the Housing Element in response to future HCD comments.

5. This resolution is effective upon adoption.

* * * * *
The foregoing Resolution was considered by the City Council of the City of Sanger, California, at a regular meeting of said Council held on the 5 th day of September 2024 and adopted
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Rebecca Padron, City Clerk

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AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 133331 586453 Print Legal Ad-IPL01909800 - IPL0190980 6th Cycle Housing Eleme $1,189.17 2 62 L Attention: Mr. Derek Sylvester
City of Sanger
1700 7th Street
Sanger , CA 93657
[email protected]

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

The Fresno Bee is a daily newspaper of general
circulation now published, and on all-the-dates herein
stated was published in the City of Fresno, County of
Fresno, and has been adjudged a newspaper of general
circulation by the Superior Court of the County of
Fresno, State of California, under the date of November 28, 1994, Action No. 520058-9.

The undersigned is and on all dates herein mentioned
was a citizen of the United States, over the age of
twenty-one years, and is the principal clerk of the
printer and publisher of said newspaper; and that the
notice, a copy of which is hereto annexed, marked
Exhibit A, hereby made a part hereof, was published in
The Fresno Bee in each issue thereof (in type not
smaller than nonpareil), on the following dates.
1 insertion(s) published on:
08/25/24
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated: 08/26/2024
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
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Prepared by: Becky Padron Approved by:

REVIEW: City Manager: Finance: City Attorney:

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: September 5, 2024

Agenda Item No.: H-1

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager
Becky Padron, City Clerk/Deputy Personnel Officer
Subje
ct: Memorandum of Understanding between the City of Sanger and Sanger Police Officers Association
Attachments: Memorandum of Understanding
CONF
LICT OF INTEREST:

None
known.

RECO
MMENDATION:

Tha
t the City Council approve the Memorandum of Understanding (MOU) between the City of Sanger and Sanger Police Officers Association ( SPOA) for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

EXE
CUTIVE SUMMARY:

Th
e MOU between the City of Sanger and Sanger Police Officers Association expired on June 30, 2024.

The City’s negotiating team and representatives of SPOA have participated in the formal process of negotiating terms and conditions of employment for a new MOU.

BACK
GROUND:

Th
e parties have reached agreement for a one-year MOU and the SPOA membership ratified the tentative MOU on August 26, 2024.

MS HCM
122

The new MOU is attached showing additions and deletions in strike-out mode. Listed below is a summary of changes to the MOU.

1. The term of the MOU is one year, beginning July 1, 2024 and ending June 30, 2025.

2. Adds language to clarify the start and end of scheduled vacation for purposes of vacation call back. (Article 11)

3. Establishes a 5% salary increase effective July 1, 2024. (Article 12)

4. Increases overtime hours for K-9 Officer from 5.4 hours to 7 hours per 14-day pay period. (Article 13)

5. Establishes proficiency in Punjabi as eligible for bilingual pay. (Article 18)

6. Adds language to clarify information required on physician’s certificate for sick leave purposes. (Article 22)

7. Adds language to clarify leave for dependent related activities. (Article 27)

8. Adds language to clarify responsibility of shifts as a result of shift swaps. (Article 33)

9. Establishes a classification and compensation study to be commission ed before September 30, 2024. (Article 39)

10. Incorporates language from the Side Letter regarding the Police Cadet program.

11. Eliminates all irrelevant and non-applicable language and/or language inconsistent with current law.

12. Other technical or clarifying edits.

REASON FOR RECOMMENDATION:

Representatives of SPOA and the City’s negotiating team have negotiated terms and conditions of employment for a one-year MOU.

FISCAL IMPACT:

The total cost of the negotiated increases related to the MOU are approximately $220,000. If approved, the mid-year budget revision will be modified to include the increases.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

If approved, the City Manager will execute the Memorandum of Understanding and the agreed upon terms and conditions will be implemented.

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Prepared by: Becky Padron Approved by:

REVIEW: City Manager: Finance: MS City Attorney:

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: September 5, 2024

Agenda Item No.: H-2

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager
Becky Padron, City Clerk/Deputy Personnel Officer
Subje
ct: Memorandum of Understanding between the City of Sanger and I.U.O.E.

Stationary Local 39
Attachments: Memorandum of Understanding
CONF
LICT OF INTEREST:

None
known.

RECO
MMENDATION:

Tha
t the City Council approve the Memorandum of Understanding (MOU) between the City of Sanger and I.U.O.E. Stationary Local 39 (Local 39) for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

EXE
CUTIVE SUMMARY:

The
MOU between the City of Sanger and Local 39 expired on June 30, 2024. The City’s negotiating team and representatives of Local 39 have participated in the formal process of negotiating terms and conditions of employment for a new MOU.

BACK
GROUND:

Lo
cal 39 represents 23 employees consisting of Streets, Parks & Facilities Worker, Water Operator, Wastewater Operator, Chief Operator, and Graffiti Removal Operator. The parties have reached agreement for a one-year MOU and the Local 39 membership ratified the tentative MOU on August 27, 2024.

HCM
151

The new MOU is attached showing additions and deletions in strike-out mode. Listed below is a summary of changes to the MOU.

1. The term of the MOU is one year, beginning July 1, 2024 and ending June 30, 2025.

2. Deletes Sanitation Worker classifications. (Article 1)

3. Includes new language to clarify that non-discrimination is not subject to the grievance procedure. (Article 5)

4. Includes new orientation procedures to allow meeting between Local 39 representatives and new employees. (Article 7)

5. Increases boot allowance from $250 to $300 per calendar year. (Article 12)

6. Establishes ability to accrue compensatory time in lieu of overtime up to a maximum of 160 hours. (Article 15)

7. Establishes a 5% salary increase effective July 1, 2024. (Article 20)

8. Adds December 24 (Christmas Eve) as a paid holiday. (Article 26)

9. Establishes a classification and compensation study to be commission ed before September 30, 2024. (Article 33)

10. Establishes meet and confer no later than January 31, 2025, to discuss participation in State Disability. (Article 34)

11. Eliminates all irrelevant and non-applicable language and/or language inconsistent with current law.

12. Other technical or clarifying edits.

REASON FOR RECOMMENDATION:

Representatives of Local 39 and the City’s negotiating team have negotiated terms and conditions of employment for a one-year MOU.

FISCAL IMPACT:

The total cost of the negotiated increases related to the MOU are approximately $89,800. If approved, the mid-year budget revision will be modified to include the increases.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

If approved, the City Manager will execute the Memorandum of Understanding and the agreed upon terms and conditions will be implemented.

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Prepared by: Becky Padron Approved by:

REVIEW: City Manager: Finance: City Attorney:

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: September 5, 2024

Agenda Item No.: H-3

CITY OF SANGER

REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager
Becky Padron, City Clerk/Deputy Personnel Officer
Subje
ct: Memorandum of Understanding between the City of Sanger and Sanger Middle Management Organization
Attachments: Memorandum of Understanding
CONF
LICT OF INTEREST:

None
known.

RECO
MMENDATION:

Tha
t the City Council approve the Memorandum of Understanding (MOU) between the City of Sanger and Sanger Middle Management Organization (Mid Management) for the period of July 1, 2024 through June 30, 2025 and authorize the City Manager to execute the MOU.

EXE
CUTIVE SUMMARY:

Th
e MOU between the City of Sanger and Mid Management expired on June 30, 2024. The City’s negotiating team and representatives of Mid Management have participated in the formal process of negotiating terms and conditions of employment for a new MOU.

BACK
GROUND:

Th
e parties have reached agreement for a one-year MOU and the Mid Management membership ratified the tentative MOU on August 6, 2024.

MS HCM
197

The new MOU is attached showing additions and deletions in strike-out mode. Listed below is a summary of changes to the MOU.

1. The term of the MOU is one year, beginning July 1, 2024 and ending June 30, 2025.

2. Adds December 24 (Christmas Eve) as a paid holiday. (Article 20)

3. Establishes a 5% salary increase effective July 1, 2024. (Article 21)

4. Establishes proficiency in Punjabi as eligible for bilingual pay. (Article 21)

5. Establishes a classification and compensation study to be commission ed before September 30, 2024. (Article 26)

6. Eliminates all irrelevant and non-applicable language and/or language inconsistent with current law.

7. Other technical or clarifying edits.

REASON FOR RECOMMENDATION:

Representatives of Mid Management and the City’s negotiating team have negotiated terms and conditions of employment for a one-year MOU.

FISCAL IMPACT:

The total cost of the negotiated increases related to the MOU are approximately $40,600. If approved, the mid-year budget revision will be modified to include the increases.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

If approved, the City Manager will execute the Memorandum of Understanding and the agreed upon terms and conditions will be implemented.

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CITY OF SAIIGER
AIID
SAI{GER MIDDLE }IAI{AGEMENT ORGAIIIZATION
o7 / oL/2s292024 rHROueH 06/ 30 /2e242025
199
Arti-cle 1
Article 2
Article 3
Articl-e 4
Articl-e 5
Article 6
Article 1
Articl-e 8
Artic]e 9
Article 1-0
Article 11
Article 12
Articl-e 13
Articl-e L4
Article 15
Article 1"6
Articl-e I7
Article 1B
Article L9
Article 20
Articl-e 2L
Arti-cl-e 22
Article 23
Arti-cl-e 24
Articl-e 25
Article 26
Table of Contents
RECOGNITION......

CITY RIGHTS

EMPLOYEE RIGHTS
SOLE AGREEMENT.

PROVISIONS NOT SEVERABLE

WAIVERS

MEMBERSHIP MEETINGS
PAYROLL DEDUCTIONS FOR MEMBERSHIP FEES..

DEFINITIONS

UNIFORMS

OVERTIME
OUT OF CLASS PAY....

BULLETIN BOARDS
2 3
3 4
4 5
5 5
5 5
1 B
HEALTH CARE ...1-1
. . . . . .10
... . . .L2
L6
VACATION & SICK LEAVE.

LEAVE FOR CHTLD-RELATED ACTIVITIES. . . ..14
WORKERS COMPENSATION LEAVE 15
BEREAVEMENT LEAVE 15
COURT ORDERED APPEARANCES 15
PATD HOL]DAYS
COMPENSATTON PLANS T7
Retirement System ......L1Disability Insurance... .....18Salary Ranges .....18 Step Increase
Merit Increase.... 20
Bilingual Pay .....21,Education/Certification Pay.. ....2I Longevity Pay.. ...22
TUITION REIMBURSEMENT PROGRAM. . 22
NO STRIKE CLAUSE 23
BUMPTNG RIGHTS 23
TERM 23
.....20
REOPENER ......23
1 200
1 This Memorandum of Understanding is made and entered into by and between the City of Sanger, a municipal corporation of the State of California, hereinafter referred to as "City", and the Sanger City Employees Middle Management Organization, hereinafter referred to as "Mid Management" or "Employees" pursuant to California Government Code Sections 3500 et. seq. and the Sanger Employer-Employee Relations Ordinance, Sanger City Code Sections 46-9 et. seq. The parties agree as follows:

RECOGNITION.

A. Mid Management is the exclusively recognized employee organization for the unit of Management (M), Supervisory (S), Professional (P) and Confidential (C) full- time employees of the City of Sanger. All Employees are members of the competitive service.

City and Mid Management agree that a FLSA test will be conducted to determine the classihcations of unit members.

B. City agrees to meet, confer, consult and otherwise deal exclusively with Mid Management on all matters within the scope of representation, as provided in City's Employer-Employee Relations Ordinance.

C. Mid Management recognizes that its members comprise the mid level management, supervisory and confidential employees of the City of Sanger, and that they are a part of the City Management Team. Mid Management employees shall endeavor to cooperate with and assist Senior Executive Staff in all matters affecting City business, and they shall willingly accept temporary assignments and hours in the event of unusual or emergency situations.
2 201
2 D. The Mid Management Unit was restructured to include only Supervisory (S), Management (M), Professional (P) and Confidential (C) employees.

CITY RIGHTS. The rights of the City include, but are not limited to, the right to determine the mission of its constituent departments, commissions and boards; to set standards of service; to determine employment standards; to direct its employees; to take appropriate disciplinary action against employees in conformity with law; to relieve employees from duty because of lack of work or for other non-disciplinary reasons; to maintain the efficiency of its govemmental operations; to transfer employees to equivalent positions in different departments; to organize and reorganize its departmental structures and the duties of each department; to determine the methods, means and personnel by which city operations are to be conducted; to establish an employee classification plan; to take all actions during emergencies which are necessary to carry out its mission; and to exercise complete control and discretion over its organization and the technology of performing its work.

EMPLOYEE RIGHTS. Employees have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to wages, hours, and other terms and conditions of employment. Employees also have the right to represent themselves individually in their employment relations with the City, provided that in the event City enters into an MOU with an exclusively recognized employee organization, such as the within MOU, Employees are deemed to have delegated to their exclusively recognized employee organization their right to represent J
3 202
themselves individually in their employee relations with the City, and City is not obligated to meet and confer or otherwise deal with any individual employee within Mid Management with respect to matters within the scope of this MOU. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by City or by Mid Management because of his/her exercise of any of these rights.

4. SOLE AGREEMENT.

A. The terms and conditions of this Memorandum of Understanding (MOU) constitute the primary wages, hours, and working conditions applicable to the Employee Unit. To the extent that any other agreement, or City policy, rule, resolution or ordinance is in direct conflict with this MOU, this MOU shall prevail. Nothing in this MOU, however, shall be construed to abrogate, diminish, or render ineffective any City employment policy, rule, resolution, ordinance, program, or agreement not in direct conflict with this MOU.

B. If, during the term of this MOU, the parties hereto should mutually agree to modifu, amend or alter the provisions to this MOU in any respect, such change(s) shalt be effective only if and when reduced to writing and executed by the authorized representatives of City and Mid Management. Any such changes validly made shall become part of this Memorandum of Understanding.

C. Nothing herein shall be construed to prevent or preclude either party from initiating meet and confer or meet and consult on matters not included in this MOU.

5. PROVISIONS NOT SEVERABLE In the event that any of the terms or conditions in this Memorandum of Understanding should be declared by a court of competent 4 203
6 jurisdiction to be unenforceable or illegal, such determination shall not invalidate any of the remaining terms and conditions of this Memorandum of Understanding.

WAIVERS. Failure to insist on the timely performance of any term or condition of this Memorandum of Understanding by either party shall not constitute a waiver or precedent to the future enforcement of such term or condition.

BULLETIN BOARDS. Mid Management shall have access to bulletin boards located in all areas where members of the Employee Unit have work stations.

MEMBERSHIP MEETINGS. City agrees to allow eight (8) hours ayear during regularly scheduled workdays for Employee Unit membership meetings. The date and time for such meetings may be preempted by City depending upon workload demands, upon twenty-four (24) hours advance notice to Mid Management. Meet and confer sessions shall not be considered membership meetings.

PAYROLL DEDUCTIONS FOR MEMBERSHIP FEES. City agrees to deduct an amount from the payroll of each employee who requests in writing that City make such deduction for the purpose of Mid Management membership fees and transmit such amount to Mid Management or deposit such amount into a bank account designated by Mid Management.

DEFINITIONS.
"Anniversary date" means each employee's date of hire except in the event an employee is promoted or reclassified, the date of promotion or reclassification shall become the new anniversary date for pu{poses of performance evaluations and merit salary 7 8
9 10.
5 204
increases. Employees promoted, reclassified, demoted or transferred shall not have their years ofservice changed as a result ofsuch actions. ooConfidential employees", as defined in the Sanger City Code, means an employee who, in the course of his duties, has access to information relating to the city's administration of employer-employee relations.
"Hours Worked" For purposes of computing overtime eligibility for a particular pay period, vacation leave, sick leave, compensatory time, administrative leave taken and holidays which fall during such period shall be considered as hours worked. "Management employee", as defined in the Sanger City Code, means an employee having responsibility for formulating, administering or managing the implementation of city policies and programs.
"Professional Employee" means an exempt professional whose primary duty is the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. Professional employees include the Economic & Redevelopment Manager, Information Technology Manager, Accountant, City Planner, Senior Accountant and Planning Manager.
"Supervisory employee", as defined in the Sanger City Code, means any employee having authority, in the interest of the city, to hire, transfer, suspend, lay off recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to address their grievances, or effectively to recommend such 6 205
action if, in connection with the foregoing, the exercise of such authority is not of a merely routine, or clerical nature, but requires the use of independent judgment. "Workday" means eight (8) consecutive hours, excluding mealtime, within a twenty-four (24) hour period. Flex time schedules which provide for lesser or greater number of work hours ina24 hour period may be agreed upon by the employee and the Department Head. Whenever there is a change in the regular workweek, work hours or work schedule, the City will advise the effected employee(s) of the reasons therefore. Nothing herein shall be construed as providing or implying additional compensation or benefits for work other than on a nornal workweek, workday or work schedule.
"Workweek" means five (5) consecutive workdays with two (2) days off. "Work Period" means a seven-day, 168-hour period, beginning at 12 am Saturday and ending at 11:59 pm Friday.

I1. UNIFORMS City shall provide and maintain such uniforms and protective clothing, including safety boots, as it deems to be adequate for employees who are required to wear uniforms or protective clothing. City shall consult Mid Management with respect to such determinations. Five (5) changes per week shall be provided for all uniformed members of the Employee Unit based on a five (5) day, eight (8) hours/day work week and four (4) changes for uniformed members based on a four (4) day, ten (10) hours/day work week except for Public Safety Personnel. The City shall provide an annual uniform allowance to Public Safety Personnel in the amount of $1,000.00, payment to be in the second pay 1 206
period of July. City will replace, at no cost to the employee, any uniform damaged on duty while on an emergency call or in the performance of emergency duties.

12. OVERTIME.

A. Eligibility. Members of Employee Unit designated as non-exempt employees, shall be entitled to receive overtime pay as follows:

B. Amount. Eligible employees shall be paid overtime in accordance with paragraphs C, D, E, and F at the rate of time and one-half (l %) their regular rates of pay, as defined in the Fair Labor Standards Act (FLSA). Overtime calculations shall be based on all hours worked.

C. Hours. Overtime shall be recorded and paid on the basis of fifteen (15) minute increments, such that for each full or partial period over 7 % minutes in a 15 minute work period, the employee shall be compensated for one-quarter (l/4) hour of overtime.

D. Compensatory Time. Notwithstanding the provisions of this section, employees may be granted compensatory time off for overtime credit at the discretion of the supervisor with due regard for the wishes of the employee and upon reasonable notice. Employees may elect to cash out their compensatory time at their regular rate of pay, provided that the compensatory time was uedited to the employee at the rate of time and one half for overtime hours. Employees may bank compensatory time up to a maximum of 240 hours pursuant to the Fair Labor and Standards Act.

E. Callback. A minimum of two (2) hours pay atthe rate of time and one- half (ll2) shall be paid for each incident of callback overtime. Callback overtime is time 8 207
worked after a call to return to work, as distinguished from an early start or an extended day.

F. Reporting Time. A minimum of two (2) hours pay atthe rate of time and one-half (112) shall be paid for each incident of reporting time. Reporting time is time worked on a non-scheduled work day for less than half of an employee's scheduled day's work.

G. Standby Pay. The Wastewater Plant Manager and,lorthe Public Works Supervisor may be assigned standby duty on a rotating basis at the discretion of the Department Director. An employee assigned standby duty will be required to carry a cell phone and shall refrain from consuming alcohol or taking any substance which may impair the employee's ability to perform all required duties. Employees on standby duty are required to respond, and shall report to the work site within one hour of being contacted by cell phone. Employee on standby duty shall be paid $3.00 per hour for each hour on standby, which shall be in addition to any other salary entitlements. For employees on a five (5) day work week, this rate is equivalent to $48.00 per weekday, $72.00 per weekend daylholiday or $384.00 per week. For employees on a four () day work week, this rate is equivalent to $42.00 per weekday, $72.00 per non-work day and weekend daylholiday or $384.00 per week.

H. All work rbquired by City to be performed during a holiday shall be in accordance with Section 20 D.

I. Meeting Attendance. Attendance at City Council, Planning Commission, Economic Development Committee, Parks & Community Services Committee and any 9 208
l3
other committee meetings shall not be eligible for overtime pay unless such attendance is required by the Department Head.

J. Clean-Up. Not more than fifteen (15) minutes paid time shall be allowed for clean-up following overtime work. Clean-up time is not automatic and must be based on necessity.

K. Administrative Leave. Mid Management Employees classihed as "exempt employees" shall receive seventy-two (72) hours of administrative leave at the beginning of each fiscal year in order to help compensate such employees for extra time put in during council meetings, commission meetings, trips, special meetings, or other events conducted other than during the customary work week. The dates when such leave may be taken shall be at the discretion of the Department Head. Unused Administrative Leave at the end of the fiscal year is lost; it shall not be accumulated, purchased, or converted to any other form of compensation or leave.

Newly hired "exempt employees" shall receive a pro-rated number of hours based on date of hire.

OUT OF CLASS PAY. Employees appointed to an upgraded position or higher classification in a vacant position for a limited duration shall be paid five (5%) percent more than their regular rate of pay, or the beginning of the salary range of the position to which they are provisionally appointed, whichever is greater, beginning on the first day of the out-of-class appointment. Out of class appointments will only be authorized when a person frlling a budgeted position is absent due to a leave of absence or during the recruitment of a vacant position for a permanent appointment. In accordance with 10 209
Government Code Section 20480, provisional appointments to avacantposition shall not exceed a total of960 hours in each fiscal year

14. HEAT,TH CARE.

A. City shall provide a Health Care Plan for Employees and their dependents. The Health Care Plan shall include medical and prescriptions, vision plan, dental plan, and a Life Insurance Policy of $50,000 for each employee.

B. City shall pay the entire premium for the life insurance plan, vision plan and dental plan costs. Employees shall pay $34.6154 per pay period ($75.00 per month) toward the premium with the City paying the balance of the premium for the medical and prescription plan for dependent coverage only.

C. The City agrees to reimburse employees a fixed amount, as shown below, if the employee's dependents opt-out of the City's medical plan:

Employee & Spouse $197.24 per month
Employee & Child(ren) $149.17 per month
Employee & Family $338.12 per month
To receive the above reimbursement, the employee must showproofthat the dependents are covered on a non-City plan. Employees will be required to show proof on an annual basis.

D. Employees retiring from City service in good standing under a PERS service retirement (non-disability) may elect to continue coverage under the City's Health Plan at the retiring employee's cost, including dependent coverage. Said coverage shall continue until such retired employee becomes eligible for MEDICARE benefits.

E. A representative of Sanger Mid Management will be afforded the opportunity to participate on a Health Benefit Committee. 11 210

15. VACATION AND SICK LEAVE.

A. Vacation Leave Accrual Computation. Employees shall accrue vacation leave credit at the rates set forth below for each pay period, up to a maximum of 240 hours per year. Employees shall be eligible to use vacation leave upon accrual, subject to prior approval by their supervisor.

B. Vacation and Sick Leave Accrual. Vacation Leave Accrual Rates based upon26 pay periods per year:

Years of
Service
Vacation Leave
Accrual Rate
Vacation Leave
Accrual
0 through
2years: 2.4615 hrs/pp 63.9990 hours/year
More than2
years, up to
5 years: 4.3076 hrs/pp 111.9976 hours/year
More than 5
years, up to
10 years: 6.1538 hrs/pp 159.9988 hours/year
More than 10
years, up to
15 years: 7.0769 hrs/pp 183.9994 hours /year
More than 15
years, up to
25 years: 8.0000 hs/pp 208.0000 hours/year
More than25
years: 8.61 hrs/pp 223.86 hours/year
Sick Leave shall accrue at3.6924 hours per pay period.

C. Accrual for Prior City Service. Employees who reenter city service after layoff or military service shall be credited with service time accumulated prior to their L2
211
separation for the limited purpose of determining their appropriate vacation and sick leave accrual rates.

D. Use of Vacation Leave. Vacation Leave may be taken only upon prior approval of the employee's supervisor. Vacation Leave shall be taken in units of not less than one (1) hour. Paid holidays that fall during an employee's vacation leave will not be charged to the employee as vacation leave.

E. Use of Sick Leave. Sick leave may be used for:

1. The diagnosis, care or treatment of an existing health condition of, or preventive care for an employee;

2. The diagnosis, care or treatment of an existing health condition of, or preventive care for an employee's family member. Family member includes:
a. Children (biological, adopted, or foster child, step child, legal ward or a child to whom the employee assumes parental duties without adoption) regardless of the age or dependency status of the child b. Biological, adopted or foster parent, step parent or legal guardian of the employee or the employee's spouse or registered domestic partner or a person who assumed the parental duties without adoption of the employee when the employee was a minor child c. Spouse
d. Registered domestic partner
e. Grandparent
f. Grandchild
g. Sibling
The amount of time an employee may take to care for a family member is 49 hours (one half of the employee's annual sick leave accrual);

3. If the employee or employee's child is a victim of domestic violence, sexual assault, or stalking, to obtain or attempt to obtain relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety or welfare of the employee or their child;

4. For any purpose required by state and federal law.

A written report from the employee's physician may be required by management after two (2) consecutive days use of sick leave for reasons of illness or injury of the employee (pursuant to Section E.1).
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16. F. Donation of Vacation or Sick Leave. Employees may donate vacation or sick leave to other City employees who are ill or injured or otherwise unable to work and who have exhausted all accumulated leaves. Such donations will be strictly voluntary and will be on an equal dollar for dollar basis.

G. Vacation Leave Cash Out. Each calendar year, employees may cash out up to a maximum of sixty (60) hours of unused vacation leave maintaining a balance of at least eighty (80) hours. A maximum of two (2) vacation leave cash outs shall be allowed per calendar year for a cumulative of the 60 hours. Vacation leave cash outs shall be paid at the employee's base rate of pay.

H. Payment Upon Separation. Employees who separate from City service shall receive a lump sum payment for accrued vacation leave at the employee's current base rate of pay at the time of separation.

LEAVE FOR CHILD-RELATED ACTIVITIES. An employee who is aparent of school- age children (kindergarten to grade 12) may take up to forty (40) hours leave per year (not to exceed eight (8) hours per calendar month) to find, enroll, reenroll the employee's child in a school or with a licensed child care provider, or to participate in the school activities of the school or licensed child care provider provided if the employee, prior to taking the time off, gives reasonable notice to his/her supervisor of the planned absence.

The employee shall utilize existing vacation leave, administrative leave or compensatory time off for these planned absences. An employee may utilize time off without pay for this purpose to the extent made available by the employee's supervisor.

I4
213
t7
18 t9
WORKERS COMPENSATION LEAVE.

Employees who are injured in the course and scope of employment are placed on workers' compensation leave and receive wage benefits to which they are entitled under California workers' compensation laws (Labor Code section 3200 et seq.). Employees may request to receive prorated sick and/or vacation leave pay (to the extent that it is accrued on the books) to supplement their workers' compensation payments in an amount such that the sum of workers' compensation benefits and use of accrued leaves is equal to the employee's regular rate of pay.

BEREAVEMENT LEAVE. Unit member shall be entitled to bereavement leave without loss ofpay or charge against any other paid leave benefit to the extent necessary for the employee to attend funeral services, up to a maximum of forty (40) working hours for each nonconcurring death in the immediate family; provided that such leave with pay shall not be authorized for time expended in business or estate matters. Immediate family means spouse, father, mother, step-parent, son, daughter, step-children, sister, brother, father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, registered domestic partner, guardian, or ward.

COURT ORDERED APPEARANCES.

A. Matters Related to City Service. Employees called as a trial juror or subpoenaed to court on matters relating to City service shall be entitled to be absent during the period of such service or while present in court as a result of such call. Under such circumstances, the employee shall demand and turn over to the City all payments 15 214
20 received by him/her for such service, except travel pay. Such time off from City service shall not be deducted from the employee's accrued vacation leave. City shall allow unit members one (1) hour for clean-up time and travel to the court and one (l) hour for clean- up and travel back to work.

B. Matters Not Related to City Service. Employees who are subpoenaed to court for matters unrelated to City service shall be entitled to absent themselves from their duties for the times during which they are required to be present in court. Such time off from City service shall be deducted from the employee's accrued vacation leave.

PAID HOLIDAYS.

A. The dates listed below which fall within the normal Monday through Friday workweek shall be paid holidays and shall be observed:

New Year's Day (January 1), Martin Luther King Day (Third Monday in January), Caesar ChavezDay (March 31), President's Day (Third Monday in February), Memorial Day (Last Monday in May), Juneteenth (June 19). July 4th, Labor Day (First Monday in September), Veteran's Day (November 11), Thanksgiving Day (Fourth Thursday in November), the day after Thanksgiving, Christmas Eve (December 24). Christmas Day (December 25), one (1) floating holiday, and any day proclaimed by the President, Govemor or Mayor as a public holiday.
16 215
2l
B. When a paid holiday falls on a Sunday, the following Monday shall be observed. When a paid holiday falls on a Saturday, the preceding Friday shall be observed.

C. If a paid holiday falls during a time that an employee is absent from work on an approved vacation leave or sick leave, that holiday shall not be charged against the employee's accrued leave.

D. Employees may be required to be on duty on holidays (or at other times) when the public health, safety or welfare, as determined by the City Manager, require that the employee be on duty. In such event, the employee shall be compensated at a rate of time and one half (1 ll2) of the employee's regular rate of pay and the holiday shall also be accrued or, at the option of the employee, employee may elect to receive compensation at the rate of 2.5 times the employees' regular rate of pay. If exempt employees are required to work a holiday, the holiday shall be accrued and the exempt employee shall take another day off.

COMPENSATION PLANS.

A. Retirement System. The City is a member of the California Public Employees' Retirement system (CaIPERS) and provides the 2.5%o at 55 plan for miscellaneous employees, provides the 2Yo at 50 plan for Police Department personnel and provides the 3%o at 55 plan for Fire Department personnel.

Miscellaneous employees shall pay the full 8% employee's share of CaIPERS.

The employee's share shall be paid on a pretax basis.

L1
216
Police Department personnel shall pay the full 9%o employee's share of CaIPERS.

The employee's share shall be paid on a pretax basis.

Fire Department personnel shall pay the tvll9% employee's share of CaIPERS.

The employee's share shall be paid on a pretax basis.

Miscellaneous employees hired after January 1,2013 who areNewMembers as defined by CaIPERS shall be enrolled in the 2Yo at 62 CaIPERS benefit formula. In accordance with PEPRA and CaIPERS, the employee member contribution shall be the full employee's share of CaIPERS, which is 50% of the normal cost rate, currently at6.25Yo of reportable compensation.

Public Safety Employees - Police hired after January 1,2013 who are New Members as defined by CaIPERS shall be enrolled in the 2.7%;o at 57 CaIPERS beneht formula. In accordance with PEPRA and CaIPERS, the employee member contribution shall be the full employee's share of CaIPERS, which is 50% of the normal cost rate, currently atll5\Yo of reportable compensation.

Public Safety Employees - Fire hired after Janua.ry I ,2013 who are New Members as defined by CaIPERS shall be enrolled in the 2.7Yo at 57 CaIPERS benefit formula. In accordancs with PEPRA and CaIPERS, the employee member contribution shall be the full employee's share of CaIPERS, which is 50% of the normal cost rate, currently at ll.50o/o of reportable compensation.

B. Disabilitv Insurance City shall provide a long-term disability insurance plan that provides coverage 90 days after an employee has been absent from work due to illness or injury. City shall provide a short-term disability insurance plan that provides coverage 8 days after an employee has been absent from work due to illness or injury. 1B
217
C. Salar.v Ranges. Ff etive July t; 202
ion
wi+hirrelassifiea+iens.
ive
in€rease, Effeetiye Juty l;
inerease'
Fffecfive Itrlv 1 )O)4 Ilrnnlnrreec shall receive a 5%o cclqrrz innrccsc D.
ies
L9
W S+€p2 S+€p3 S+e# S{ep5
Aeeeuntant $4*6e $4fs7 $4S+6 $*eg $#+{)
SeierAeeeun+an+ $sss8 $#r+ $+s% $ffi $e+48
P+annmg+aanagef $#3e $6f41 $@ $6+9t w#++
218
The salarv and classifications of Mid Man Emolovees are as listed on Attachment "A".

E. Step Increase. Employees shall receive 5%o step increases after their first six (6) months, and annually on their anniversary dates until they reach the maximum amount authorized for the position.

F. Employees promoted to a higher position shall be paid (5%) more than their regular base rate of pay, or the beginning step of the salary range of the position to which they are promoted, whichever is greater.

G. Merit Increase. Employees who have reached the top step of their salary range shall be granted merit increase based on their annual (overall) performance evaluation as follows:

Unsatisfactory 0%
Needs Improvement 0%
Meets Expectations 0%
Exceeds Expectations 3oh
Outstanding 5%
A merit increase may cause the Employee's pay rate to exceed the top step or maximum salary for the position, but only for the period that the evaluation remains in effect.

Thereafter, the employee's salary shall revert to the top step or maximum salary range of the position unless a new merit increase based on performance is granted for the next 20 219
period. Performance reviews shall be completed within a 45-day window before or after the anniversary date. If an evaluation is conducted after the 45-day window and overall performance evaluation rating is higher than the previous rating, the employee shall receive any merit increase retroactive to the employee's anniversary date. If an evaluation is conducted after the 45-day window and the overall performance evaluation rating is lower than the previous rating, any merit pay will be removed effective the following pay period.

H. Bilingual Pay. Employees lti-fea-a.ftei:....J.Hly I , 2Q I O lhat who have passed a test showing that they are proficient in speaking Spanis h., • Hmong, or Punjabi shall be entitled to additional compensation at the rate of 5% of their regular base pay.

The maximum additional compensation for Bilingual Pay is 5%.

I. Education/Certification Pay. Effective upon ratification of this MOU, employees may receive additional compensation for education degrees or special certifications which are relevant to the Employee's job classification, but which are not required for the job classification.

Employees who hold an Associate of Arts or Science (AA/ AS) degree from an accredited college shall be eligible for education pay at the rate of 2.5% of base pay.

Employees who hold a Bachelor of Arts or Science (BA/BS) degree from an accredited college or university shall be eligible for education pay at the rate of 5% of base pay.

Employees who hold a Master of Arts or Science (MA/MS) degree from an accredited college or university shall be eligible for education pay at the rate of 5% of base pay.

Employees who hold an Associates and Bachelors and/or Masters degree may not receive more than a total of 5% education pay.
21 220
Employees who hold special certifications shall be eligible for special certification pay at the rate of 5Yo of base pay. Special certifications that are approved for additional compensation include:

Plant Manager: Wastewater Treatment Operator Certificate above the minimum requirements of the job classification issued by the State of California Water Resources Control Board.

Public Works Supervisor: Water Treatment Operator Certificate above the minimum requirements of the job classification issued by the State of Califomia Water Resources Control Board; Water Distribution Operator Certificate above the minimum requirements of the job classification issued by the State of California Water Resources Control Board.

The maximum additional compensation for either education or special certification or both is 5%o.

J. Loneevity Pay. Effective upon ratification of this MOU, employees who have been employed on a full-time basis with the City for a continuous period of 15 years and whose most recent performance evaluation was satisfactory or better shall receive 2.5Yo of their regular base pay which shall be effective on the pay period following the employee' s qualifring anniversary date.

Employees who have been employed on a full-time basis with the City for a continuous period of 20 years and whose most recent performance evaluation was satisfactory or better shall receive an additional2.SYo of their regular base pay which shall be effective on the pay period following the employee's qualif ing anniversary date.

The maximum additional compensation for longevity pay is 5%o. ).)
221

22. PROG Employees shall be entitled to
reimbursements in accordance with the City's Employee Educational Reimbursement Policy.

23. NO STzuKE CLAUSE. No member of employee Unit shall engage in any strike, work stoppage, "blue-flu", work slow-down or similar job action during the term of this MOU or any extension thereof.

24. BUMPING RIGHTS. An employee affected by a layoff shall have the right to displace ("bump") an employee in any City department who has less seniority in the same classification or in a lower classification in which the affected employee previously had permanent status. Seniority includes all periods of full time employment with the City at or above the classification where the layoff is to occur.

25. TERM. The term of this agreement shall be for fsur-years-one (1) year commencing on July 1, M2UA, and ending on June 30,N24ry5, and the terms of this agreement shall be effective during that period except where specifically noted otherwise. @
A.

B.

26. CLASSIFICATION AND COMPENSA TION STUDY. The Citv will undertake a VCaS
on or U to
and to Mid will ln
. Nothins herein mandates that the Citvresardins the salarv anv salarv increases 222
pursuant to the findings in the comprehensive salary survey. The Parties will meet and confer in good faith regarding salaries for a successor MOU.

CITY OF SANGER: SANGER MIDDLE MANAGEMENT
ORGANIZATION:

Nathan Olson
City Manager
Raymond Martin
President
Hilda Cantu Montoy
City Attomey
Date
Representative
Date:
24 223

CITY OF SANGER

MIDDLE MANAGEMENT ORGANIZATION

SALARY RANGES
Position Title Step { Step 2 Step 3 Step 4 Steo 5
ADMI NISTRATIVE SECRETARY $ 3,819 $ 4.010 s 4.211 $ 4.421 $ 4,642 ACCOUNTANT $ 5,086 $ 5,340 $ 5,608 $ 5,888 $ 6,182
BUILDING OFFICIAL $ 5,374 $ 5.643 s 5.925 $ 6,221 $ 6,532 RECORDS/COMMUN ICATIONS SUPV $ 5,374 $ 5,643 $ 5,925 $ 6.221 $ 6.532 EXECUTIVE ASSISTANT $ 5,374 $ 5,643 $ 5,925 $ 6,221 $ 6,532 GRANTS MANAGER $ 5,642 $ 5,924 $ 6.220 $ 6.531 $ 6,858
RECREATION SUPERVISOR $ 5,642 $ 5,924 $ 6,220 $ 6,531 $ 6,858 MANAGEMENT ANALYST $ 5,642 $ 5.924 $ 6.220 $ 6,531 $ 6,858 HUMAN RESOURCES ANALYST $ 5,888 $ 6,182 $ 6,492 $ 6,817 $ 7,158 SENIOR ACCOUNTANT $ 5,888 $ 6.182 $ 6,492 $ 6,817 $ 7,158 CITY CLERI(EXECUTIVE ASSISTANT $ 5,BBB $ 6,182 $ 6,492 $ 6,817 $ 7,158 INFORMATION TECH. MANAGER $ 5.924 $ 6,220 $ 6,531 $ 6,858 $ 7.201 CHIEF BUILDING OFFICIAL $ 5,924 $ 6,220 $ 6.531 $ 6.858 $ 7,201 PUBLIC WORKS SUPERVISOR $ 5,924 $ 6,220 $ 6,531 $ 6,858 $ 7.201 ADM I N ISTRATIVE ANALYST $ 6.036 $ 6.339 $ 6.656 $ 6,988 $ 7,337 BATTALION CHIEF $ 6,220 $ 6,531 $ 6,858 $ 7.201 $ 7,561 SENIOR PLANNER $ 6,377 $ 6.696 $ 7,030 $ 7,382 $ 7,751
POLICE CAPTAIN $ 6,531 $ 6,858 $ 7.201 $ 7.560 $ 7.938
FIRE DIVISION CHIEF $ 6.531 $ 6,858 $ 7,201 $ 7,560 $ 7,938 PLANT MANAGER $ 6,614 $ 6,945 $ 7.292 $ 7.657 $ 8,039
WATER OPERATIONS MANAGER $ 6.614 $ 6,945 $ 7,292 $ 7,657 $ 8,039 Effective Ju 1 2024
25 224
DEPUTY PUBLIC WORKS DIRECTOR $ 6.695 $ 7,030 $ 7,382 $ 7,7s0 $ 8.138

ECONOMIC & REDEVELOPMENT
MANAGER $ 6,695 $ 7,030 $ 7,382 $ 7,750 $ 8.138
DEPUTY FIRE CHIEF $ 6,695 $ 7.030 $ 7.382 $ 7,750 $ 8,138 7 7 383
$z 383
139
139
139
$ 546
546
I 546

HUMAN RESOURCES MANAGER

PLANNING MANAGER
FINANCE MANAGER $
7 1
7 031
7 031
$z 751
7 751
7 751
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Prepared by: Becky Padron Approved by:

REVIEW: City Manager: Finance: MS 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: September 5, 2024

Agenda Item No.: H-4

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager
Becky Padron, City Clerk/Deputy Personnel Officer

Subject: Compensation Changes for Unrepresented Confidential Group and Unclassified Executive Management Positions
Attachments: (A) Resolution No. 2024-62 with Exhibits
(B) Exhibit A – Salary Ranges for Unrepresented Confidential Employees and Unclassified Executive Management Positions
(C) Exhibit B – Updated Confidential/Unrepresented Group Compensation and Benefit Summary for Fiscal Year 2024-25

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council:
(a) Adopt Resolution No. 2024-62 approving a 5% salary increase effective July 1, 2024 and establishing Christmas Eve as a paid holiday for all Unrepresented Confidential employees and Unclassified Executive Management Positions; and
(b) Approve the updated Confidential/Unrepresented Group Compensation and Benefits Summary for FY 2024-25.

EXECUTIVE SUMMARY:

At the August 15, 2024 City Council meeting, the Council approved new Human Resources Analyst and Human Resources Manager positions, and reclassified an existing Management Analyst to Administrative Analyst. At that meeting, the Council established an Unrepresented Confidential group for positions that involve access to sensitive data and financial information. The new Human Resources Analyst and 226

Human Resources Manager, the reclassified Administrative Analyst, and the existing Finance Manager comprise the Unrepresented/Confidential Group. It is the intent that compensation and benefit changes afforded to the Unrepresented Confidential employees align with those of Mid Management in order to maintain internal equity and external competitiveness. Traditionally, the same practice has been followed for Executive Management.

BACKGROUND:

In a separate item on this agenda, the City Council will be considering a one-year extension of the MOU between the City and Mid Management. The proposed MOU includes a 5% salary increase and Christmas Eve as a paid holiday. As stated, providing the same compensation and benefit changes to unrepresented employees and unclassified executive management helps to ensure internal equity and external competitiveness, and avoid salary compaction.

REASON FOR RECOMMENDATION:

The recommended compensation and benefit changes align with proposed benefit changes to Mid Management, SPOA and Local 39, which the Council will be considering in separate items on this agenda.

FISCAL IMPACT:

The total cost of the negotiated increases related to the MOU are approximately $62,700. If approved, the mid-year budget revision will be modified to include the increases.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

If approved, the Staff will implement the compensation and benefit changes.

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RESOLUTION NO. 2024-62

A RESOLUTION OF THE CITY OF SANGER UPDATING COMPENSATION RANGES

FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES AND UNCLASSIFIED

EXECUTIVE MANAGEMENT POSITIONS AND PROVIDING FOR CHRISTMAS EVE AS

A PAID HOLIDAY

WHEREAS, Section 2-51 of the Sanger City Code empowers the City Manager to fix the salaries or compensation of all appointive officers and unclassified employees of the city within the applicable compensation ranges established by resolution of the city council; and

WHEREAS, on June 26, 2024, the City Council adopted Resolution No. 2024-40 adopting Master Salary Tables for all employees of the City for Fiscal Year 2024-2025; and

WHEREAS, the City Manager recommends and this Council concurs, that compensation ranges for unrepresented confidential employees and unclassified executive management positions should be updated as shown on the “Salary Ranges Schedule” attached as Exhibit A; and

WHEREAS, the City Manager recommends and this Council concurs, that Christmas Eve be included as a paid holiday for unrepresented confidential employees as shown on the updated “Confidential/Unrepresented Group Compensation and Benefit Summary for Fiscal Year 2024- 25” attached as Exhibit B; and

WHEREAS, the City Manager recommends and this Council concurs, that Christmas Eve be included as a paid holiday for unclassified executive management positions.

NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, finds, determines, and orders as follows:

Section 1. The foregoing recitals are true and correct and incorporated by reference.

Section 2. The Council approves the Salary Ranges Schedule attached as Exhibit A to this resolution, which provides a 5% salary increase effective July 1, 2024.

Section 3. The City Council approves the updated Confidential/Unrepresented Group Compensation and Benefit Summary attached as Exhibit B to include Christmas Eve as a paid holiday for Unrepresented Confidential employees.

Section 4. The City Council authorizes Christmas Eve as a paid holiday for unclassified executive management positions.

Section 5. The City Manager is authorized and directed to take such actions as may be necessary or convenient to implement this Resolution.

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Section 6. This resolution supersedes all prior resolutions that may be inconsistent with this resolution.

Section 7. This resolution shall be effective upon adoption.

* * * * * * * * * * * * * * * * *

The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 5
th day of September 2024 and approved by the following
vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

__________________________________________
Rebeca Padron, City Clerk
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CITY OF SANGER

UNREPRESENTED-CONFIDENTIAL EMPLOYEES
Position Title Step 1 Step 2 Step 3 Step 4 Step 5
HUMAN RESOURCES ANALYST 5,608$ 5,888$ 6,183$ 6,492$ 6,817$ 5,888$ 6,182$ 6,492$ 6,817$ 7,158$
ADMINISTRATIVE ANALYST 5,749$ 6,036$ 6,338$ 6,655$ 6,988$ 6,036$ 6,339$ 6,656$ 6,988$ 7,337$
FINANCE MANAGER 6,696$ 7,031$ 7,382$ 7,751$ 8,139$ 7,031$ 7,383$ 7,752$ 8,139$ 8,546$
HUMAN RESOURCES MANAGER 6,696$ 7,031$ 7,382$ 7,751$ 8,139$ 7,031$ 7,383$ 7,752$ 8,139$ 8,546$

CITY OF SANGER

UNCLASSIFIED EXECUTIVE MANAGEMENT
Position Title Step 1 Step 2 Step 3 Step 4 Step 5
CITY CLERK/DEPUTY PERSONNEL OFFICER 7,937$ 8,334$ 8,751$ 9,188$ 9,647$ 8,334$ 8,751$ 9,189$ 9,647$ 10,129$
COMMUNITY DEVELOPMENT DIRECTOR 8,334$ 8,751$ 9,188$ 9,648$ 10,130$ 8,751$ 9,189$ 9,647$ 10,130$ 10,637$
PUBLIC WORKS DIRECTOR 8,334$ 8,751$ 9,188$ 9,648$ 10,130$ 8,751$ 9,189$ 9,648$ 10,130$ 10,637$
FIRE CHIEF 9,250$ 9,713$ 10,198$ 10,708$ 11,243$ 9,713$ 10,199$ 10,708$ 11,243$ 11,805$
POLICE CHIEF 9,250$ 9,713$ 10,198$ 10,708$ 11,243$ 9,713$ 10,199$ 10,708$ 11,243$ 11,805$
ASSISTANT CITY MANAGER 12,410$ 13,031$ 13,682$ 14,366$ 15,084$ ` 13,031$ 13,683$ 14,367$ 15,085$ 15,838$

SALARY RANGES

SALARY RANGES
5% SALARY INCREASE EFFECTIVE JULY 1, 2024
5% SALARY INCREASE EFFECTIVE JULY 1, 2024
EXHIBIT "A"
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EXHIBIT "B"
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