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, FEBRUARY 6, 2025
6:00 PM
COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
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. Council 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.
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAN MATTERS
1. Re
cognition of Madison Nava, 2025 Patriots Pen Essay Winner
2. Recognition of Mia Salcedo, 2025 Patriots Pen Essay Winner E. PRESENTATIONS
1. The CrisCom Company
1 City Council Agenda
February 6, 2025
2. Measure S Grantee Presentations 2024/2025 FY
i. Boys & Girls Club
ii. SAM Academy
iii. Set Free Sanger
F. 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.)
G. 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 a regular meeting held on January 16, 2025.
RECOMMENDATION: That the City Council approve.
2. SUBJECT: Resolution Authorizing Submittal of Grant Applications for CalRecycle Grants.
RECOMMENDATION: That the City Council Adopt Resolution No. 2025-04 authorizing the submittal of grant applications for all CalRecycle grants for which the City is eligible; and authorizing the City Manager to sign the grant applications and grant related documents on behalf of the City.
3. SUBJECT: Out of State Travel Request.
RECOMMENDATION: That the City Council approves the out of State travel and training for the Fire Department Executive Assistant and Billing Clerk to attend the National Conference on Ambulance Revenue Cycle, Management and Compliance (abc360) in Las Vegas, Nevada from March 18 – 20, 2025.
4. SUBJECT: Contract with CareFusion Solutions, LLC.
RECOMMENDATION: That the City Council approves the contract between the City of Sanger and CareFusion Solutions, LLC for the use of medication dispensing software, support and Electronic Health Record (EHR) integration for the Fire Department and authorizes the City Manager to sign the necessary documents on behalf of the City.
5. SUBJECT: Approval of Resolution 2025- 05, Amending the City’s Fiscal Year 2024-2025 Position Allocation.
RECOMMENDATION: That the City Council consider and adopt Resolution No. 2025- 05 amending the City’s FY2025 position allocation. The amended personnel allocation includes the addition of one (1) Human Resources Analyst and the elimination of one (1) Human Resources Technician.
2 City Council Agenda
February 6, 2025
6. SUBJECT: Approval of Resolution 2025- 06, Updating Part Time Wages and approval of job descriptions.
RECOMMENDATION: That the City Council (i) consider and adopt Resolution No. 2025-06 Updating Hourly Wage Rates and Benefit Levels For Part- Time City Employees And Superseding Resolution Nos. 2017-02, 4338, and 3868; and (ii) that the City Council consider and adopt the coinciding job descriptions for t
he part-time positions.
7. SUBJECT: Contract with Liebert Cassidy Whitmore for Special Legal Services.
RECOMMENDATION: That City Council authorize the agreement between the City of Sanger and Liebert Cassidy Whitmore for special legal services and authorize the City Manager to execute all related documentation.
8. SUBJECT:
Adoption of Resolution 2025- 07 approving a Budget Amendment Increasing Expenditures for the Contract with MGT Consulting for Full Cost Allocation Plan, Comprehensive Fee Study, and Development Impact Fee Study.
RECOMMENDATION: That
the City Council approve Resolution 2025-07,
amending the City’s FY 2025 operating budget to increase appropriations for the approved agreement with MGT Consulting for the Cost Allocation Plan, Comprehensive Fee Study and Development Impact Fee Study within the Fiscal Year 2025 operating budget.
9. SUBJECT:
Public Utility Easement Acceptance - Newmark Village Apartments Phase 1
RECOMMENDATION: T hat t
he City Council adopt Resolution No. 2025-08
which accepts the grant of easement for public utility purposes through the property known as Assessor Parcel Number (APN) 325-030-24S.
10. SUBJECT:
Right of Way Acquisition – Millwood Drive - Newmark Village Apartments Phase 1.
RECOMMENDATION: Staf f recommends that the City Council adopt Resolution No. 2025-09 which accepts the right -of-way dedication for permanent public street and utility purposes through the property known as Assessor Parcel N
umber (APN) 325-103-15S.
11. SUBJECT: Temporary Construction Easement Acquisition, Almond Avenue Reconstruction Project – Bethel Ave to Greenwood Avenue.
RECOMMENDATION: T hat t he City Council adopt Resolution No. 2025-10 which:
1. Approves the Temporary Construction Easement Agreements for properties loc
ated at 2120 Almond Avenue, 2130 Almond Avenue, 2426 Almond Avenue, 2526 Almond Avenue, 2540 Almond Avenue, and 2550 Almond Avenue; and
2. Authorizes the City Manager to sign the Agreements on behalf of the City; and
3. Accepts the easements for temporary construction purposes at the same properties.
3 City Council Agenda
February 6, 2025
12. SUBJECT: Pavement Cut Moratorium Policy.
RECOMMENDATION: Staff recommend that the City Council approve Resolution No. 2025- 11 to adopt the City of Sanger Pavement Cut Moratorium Policy.
13. SUBJECT: Appointment to the Citizens Oversight Committee – Measure S .
RECOMMENDATION: That the City Council approve Mayor Gonzalez’s recommendation to reappoint Karen James and Alvaro Alfaro and appoint Neil Tung to fill three vacancies on the Citizens Oversight Committee – Measure S with te
rms ending June 30, 2026.
14. SUBJECT: Planning Commission Appointment.
RECOMMENDATION: That the City Council approve Mayor Frank Gonzalez’ recommendation to reappoint Jesalyn Harper to the Planning Commission.
15. SUBJECT: Claims Authority Ordinance.
RECOMMENDATION: That the City Council Waive Full Second Reading and adopt Ordinance No. 2025-01 Amending Chapter 1, Article 1 of the Sanger City Code relating to city manager authority on claims against the city.
16. S
UBJECT: A doption of Resolution 2025-12, Establishing a job description and salary range for the position of Parks & Recreation Director.
RECOMMENDATION: That t he City Council adopt Resolution 2025-12, approving a job description and salary range for the position of Parks & Recreation Director.
H. DEPARTMENT REPORTS
1. SUBJECT: TABLED FROM PREVIOUS MEETING - Assignment of Sanger’s Elected Officials to Serve as Representatives/Designees on Member Boards, Committees and Commissions.
RECOMMENDATION: That t
he City Council determine assignments to
serve as representatives on the following boards, commissions, and committees:
1. F resno County Council of Governments / Fresno County Rural Transit Agency
2. Five Cities Economic Development Authority – CenterPoint District
3. San Joaquin Valley Air Pollution Control District Special City Selection Committee
4. Southeast Regional Solid Waste Commission
5. Sanger Environmental Fund
6. Upper Kings Basin Integrated Regional Water Management Authority
7. South Kings Groundwater Sustainability Agency
8. Sanger Planning Commission
9. Citizen’s Oversight Committee – Measure S
10. Sanger Youth Council
4 City Council Agenda
February 6, 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 M embers (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 thi s 31st day of January 2025.
C orina Tamez, City Clerk/Executive Assistant
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 Council 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.
5 Minutes of a Regular Meeting of the Sanger City Council THURSDAY , JANUARY 16, 2025
6:00 PM
COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:02 PM.
B. OPENING CEREMONIES
The invoc
ation was offered by Pastor Paul Canaday.
The f
lag salute was led by Mayor Pro Tem Daniel Martinez.
Roll Call
Present: Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
Absent: Mayor Frank Gonzalez
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
Cit
y Manager Nathan Olson removed item G.2.
The Council by motion of Council Member Hurtado approved the agenda as posted and removed item G.2. The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES
: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
D. PRESENTATIONS
1. Sanger Chamber of Commerce Quarterly Report
Karen Pearson, President of the Sanger Chamber of Commerce, introduced new employee Isaiah Lopez and presented a quarterly report to Council.
E. PUBLIC FORUM
Public Comment:
G-1
6 City Council Minutes
January 16, 2025
Kevin Carter requested that a future agenda item be added to discuss changing how the Mayor is selected and consider having five districts and the Council selects a mayor.
Unidentified audience member provided history about how the old council was elected. He said that if the item is put back on the agenda, then the council is selecting a mayor and not the public.
Joseph Rocha said if the City was in a deficit then why did the Fire Department personnel get a 5% raise.
F. CONSENT CALENDAR
Council Member Hurtado pulled item F-10.
Joseph Rocha pulled items F-4, F-6, F-7, F-8.
The Council by motion of Council Member Montelongo approved Items F-1, F-2, F-3, F-5, and F-9 from the consent calendar. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
1. SUBJECT: APPROVED - Minutes of a Joint Meeting held on December 5, 2024; a Special Meeting held on December 17, 2024; and a Regular and Special meetings held on December 19, 2024
2. SUBJECT: INFORMATIONAL ITEM - Police Department Monthly Report for the month of December.
3. SUBJECT: INFORMATIONAL ITEM - Fire Department Monthly Repor t for the month of November.
4. S UBJECT: INFORMATIONAL ITEM - Warrants including check Nos. 93573 through 93706 for the month of December.
P
ublic Comment:
Joseph Rocha said he had questions on check numbers 93706 and 93665 to Deed Construction and why payments are still being made.
City Manager Olson said that the payments are regular monthly payments as per the contract.
Liquidated damages will be issued to the City after final payments are made.
City Engineer Josh Rogers said there have been delays on the Bethel/Almond project and coordinating with PG&E which has been a long process.
7 City Council Minutes
January 16, 2025
5. SUBJECT: APPROVED - Payroll for the month of December including Direct Deposit Nos. 65316 through 65560; Payroll check Nos. 60115 through 60151 and Benefit Check Nos. 60128 through 60158.
6. S UBJECT : APPROVED - Extension of the Agreement between the City of Sanger and the Sanger District Chamber of Commerce.
The City Council approved Amendment No. 6 to the Agreement between the City of Sanger and the Sanger District Chamber of Commerce for their contractual services in the amount of $6,666.67 per month through June 30, 2025, and authorized the City Manager to execute.
City Manager Olson reported on the item, noting that instead of renegotiating the contract at this time, the contract was extended to June 2025, with no changes.
Public comment:
Unidentified audience member asked why the contract had increased to $80,000 and that the city should conduct an audit on the Chamber to see how money is spent.
Unidentified audience member said if you want to nickel and dime, then get up and do the work.
Jospeh Rocha said that an audit should be done if there is a deficit.
City Manager Olson said that the cost to put on events has increased . He also said that the Chamber’s programs are audited and it is required to provide a list of expenses.
Karen Pearson said that the Chamber’s contract was at $60,000 and increased to $80,000 two years ago, which has improved the quality of events as well as increased attendance.
The Council by motion of Council Member Montelongo approved item F-6. The motion was seconded by Council Member Hurtado and approved by the following vote:
AYES: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
7. SUBJECT: APPROVED - Approval of Resolution 2025- 01, Amending the City’s Fiscal Year 2024-2025 Position Allocation.
The City Council adopt ed R esolution No. 2025- 01 amending the City’s FY2025 position allocation. The amended personnel allocation includes the addition of one (1), new, full-time Parks & Recreation Director and two (2), new, full-time Streets, Parks, Facility workers assigned to the streets division.
Assistant City Manager Michelle Speer presented on item F-7.
City Attorney Montoy said the Council had approved the item at their December 2025 meeting, noting it was a housekeeping item to memorialize into one position. 8 City Council Minutes
January 16, 2025
Unidentified audience member, said the City did not have a summer fun program this past summer, which impacted the farm working families. If the city has funding, the program should be brought back to the community and not leave the kids out to have a Recreation Director.
City Manager Olson said that the City will have different summer programs in place this year, which will be managed by a Recreation Director. He noted the recreation department has deficits of $800,000 a year.
The Council by motion of Council Member Montelongo approved item F-7. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
8. SUBJECT: APPROVED - Authorization for Out of State Travel The City Council authorize d Out of State travel for City Manager, Community Development Director, Mayor, and Mayor Pro Tem, to attend the ICSC LAS VEGAS convention in Las Vegas, NV , on May 18, 2025, through May 20, 2025.
City Manager Olson presented on item F-8, noting that Assistant City Manager Speer would not be attending the event..
Public comment:
Joseph Rocha said that to save money, only the city manager and the director should attend the event.
The Council by motion of Mayor Pro Tem Martinez approved item F-8. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
9. S
UBJECT : APPROVED - Professional Services Agreement with Quad Knopf, Inc. dba QK, for CEQA (California Environmental Quality t) Environmental Analysis for anticipated project submitted by DR Horton (Serenade II Single Family Residential Subdivision).
The
City Council adopt ed Resolution No. 2025-02 approving a professional services agreement between the City of Sanger and QK, for CEQA (California Environmental Quality Act) Environmental Analysis for an anticipated project, DR Horton Serenade II Single Family Residential Subdivision, and authorized the City Manager to execute on behalf of the City.
9 City Council Minutes
January 16, 2025
10. SUBJECT: APPROVED - Sanger Wastewater Plant Determination of Emergency
The C ity Council adopted Resolution No. 2025- 03, Approving and Ratifying the Director of Emergency Services’ Determination of Emergency at the Sanger Domestic Wastewater Treatment Facility and the Industrial Wastewater Treatment Facility and Authorizing the City Manager to Make R equired Emergency Repairs on Those Facilities Without Competitive Bidding in accordance with Sanger Code Section 2-214(d) and the Public Contract Code.
Ci
ty Manager Olson presented on item F-10.
Public Comment:
Kevin Carter asked if sewage is still being pushed into the fields? City Manager Olson said that sewage is still bypassing the digester.
Joseph Rocha asked if everything was now an emergency?
The Council by motion of Council Member Melendez approved item F-10. The motion was seconded by Council Member Hurtado and approved by the following vote:
AYE
S: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
G. DEPARTMENT REPORTS
1. SUBJECT: APPROVED - Claims Authority Ordinance.
The City Council Waived Full Reading and Introduce d Ordinance No. 2025-01 Amending Chapter 1, Article 1 of the Sanger City Code relating to city manager authority on claims against the city.
As
sistant City Manager Michelle Speer presented on the item.
Pu
blic comment:
Jos
eph Rocha asked if a third party will always be involved.
The
Council by motion of Mayor Pro Tem Martinez waived the Full Reading and Introduced Ordinance No. 2025-01 Amending Chapter 1, Article 1 of the Sanger City Code relating to city manager authority on claims against the city. The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES: MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: GONZALEZ
10 City Council Minutes
January 16, 2025
2. SUBJECT: TABLED TO NEXT MEETING - Assignment of Sanger’s Elected Officials to Serve as Representatives/Designees on Member Boards, Committees and Commissions
RECOMMENDATION: Tha
t the City Council determine assignments to
serve as representatives on the following boards, commissions, and committees:
1. Fresno County Council of Governments / Fresno County Rural Transit Agency
2. Five Cities Economic Development Authority – CenterPoint District
3. San Joaquin Valley Air Pollution Control District Special City Selection Committee
4. Southeast Regional Solid Waste Commission
5. Sanger Environmental Fund
6. Upper Kings Basin Integrated Regional Water Management Authority
7. South Kings Groundwater Sustainability Agency
8. Sanger Planning Commission
9. Citizen’s Oversight Committee – Measure S
10. Sanger Youth Council
H. CITY MANAGER/STAFF COMMUNIC ATION
City Manager Olson encouraged the community to report their concerns via the City’s website “Ask Sanger” for a quick response. He invited the community to attend the next City Manager Roundtable scheduled for January 22, 2025, 6 PM in the Council Chamber for a discussion on the 2025-26 budget. He also reported that crimes in Sanger are down 23% over the year and calls for service are up.
I. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS Mayor Pro Tem Martinez
1. Asked if the contractor would be painting the stripes near the completed project area near Bethel Ave., Lily and Third streets.
2. Appreciates the City’s Fire Department being a good steward by helping with the Los Angeles County fires.
3. In light of the recent New Orleans tragic event, asked for the City to consider having block barriers for future city events and parades.
4. Asked if the Code Enforcement and the Building Departments are fully staffed?
5. Asked if the Cit y could prepare a report listing how other cities elect their mayors and present the information at a future meeting.
Council Member Hurtado
1. Asked to receive regular updates on youth sports programs and senior center needs.
Council Member Montelongo
1. Sanger Uni fied School District, through the LEAP program, has a free summer program with expanded hours.
2. Thanked the Chamber and staff for their support in the recent Townhall on Human Trafficking and also thanked the school district for partnering with the City.
3. Will be helping the Grean Team in their upcoming community clean up event.
4. Asked for an updated on lighting at R otary park.
Council Member Melendez
1. Will be at the Green Team event.
11 City Council Minutes
January 16, 2025
I. ADJOURNMENT
Be
ing no further business, the Council adjourned their meeting at 7:42 PM.
Atte
st:
C orina Tamez, City Clerk/Executive Assistant
12 DRS ANG
L-;[";
For the Meeting of: February 6,2025
Agenda Item No.: G-2
CrrYoF SINGER
RE,PORT TO THE, CITY COIJNCIL
To:
X'rom:
Subject:
Mayor and Council Members
Esperanza Rosales, Public Works Director
Resolution Authorizing Submittal of Grant Applications for CalRecycle Grants
L) Resolution No. 2025-04Attachments:
CONF'LICT OF INTEREST:
None known
RECOMMENDATION:
That the City Council Adopt Resolution No. 2025-04 authorizing the submittal of grant applications for all CalRecycle grants for which the City is eligible; and authorizing the City Manager to sign the grant applications and grant related documents on behalf of the City.
EXECUTIVE SUMMARY:
The City of Sanger is seeking authorization to apply for all eligible CalRecycle grants. CalRecycle's grant programs support California's efforts to reduce, recycle, and reuse solid waste, which preserves landfill capacity and ensures public health, safety, and environmental protection. The resolution authorizes the City Manager to execute all necessary grant documents for a period of five years from the date of adoption, in compliance with CalRecycle's requirements for grant administration.
BACKGROUND:
Public Resources Code section 48000 et seq. authorize the CalRecycle to administer various grant programs in furtherance of the State of Califomia's efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and Prepared by: EsDeranza Rosales Aooroved bv: Nathan Olson REVIEW: City Manager: _NCO_ Finance: Ciw Attornev: HCM
TYPE OF ITEM
X
x
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
13 the environment. The attached resolution allows the City to apply for all CalRecycle grants for which the City of Sanger is eligible for.
CalRecycle is required to establish procedures governing the application, awarding, and management of these grants. One of the key requirements in the grant application process is that the governing body of the agency must declare by resolution certain authotizations related to the administration of CalRecycle grants. This authority would include executing all necessary grant documents such as applications, agreements, amendments, and payment requests. These authorizations will be effective for aperiod of five years from the date of adoption of this resolution.
REASON F'OR RECOMMENDATION:
The Public Works Departrnent has identified several grant programs from CalRecycle including but not limited to the SB 1383 Local Assistance Grant Program. CalRecycle grant application procedures require, among other things, a regional applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. Adoption of this resolution ensures the City of Sanger can take advantage of all available grant opportunities provided by CalRecycle, which can aid in achieving the City's waste and recycling goals.
FISCAL IMPACT:
Acceping the grant funds would not result in any anticipated fiscal impacts. Grants funds received through CalRecycle will be used to further the Crty's waste reduction and recycling initiatives, potentially oflsetting some costs related to these programs.
ALTERNATIVES:
The City Council could decide not to adopt the resolution, which could result in missed opportunities for funding.
ACTIONS F'OLLOWING APPROVAL:
Staff will complete appropriate application packages for grants the City is eligible for. The City Manager will sign all required documentation in relation to the grant application and related documents. 14 ATTACHMENT 1
15 RESOLUTION NO. 2025-04
RESOLUTION OF THE CITY COI-INCIL OF THE CITY OF SANGER
AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS
FOR WHICH THE CITY OF SANGER IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California's (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sanger authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Sanger is eligible; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and empowered to execute in the name of the City of Sanger all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.
* :& {< * * {< :! * * {< {< 4< * *
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6th day of February 2025 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COI.INCILMEMBERS:
COLINCILMEMBERS:
COUNCILMEMBERS:
COLINCILMEMBERS:
ATTEST:
Corina Tatrrez, City Clerk
16 Prepared by: _Greg Tarascou _ Approved by: _Nathan Olson______________________
REVIEW: City Manager: _NCO_____ 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: February 6, 2025
Agenda Item No.: G-3
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Out of State Travel Request
Attachments: None
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council approve s the out of State travel and training for the Fir e Department Executive Assistant and Billing Clerk to attend the National Conference on Ambulance Revenue Cycle, Management and Compliance (abc360) in Las Vegas, Nevada from March 18 – 20, 2025.
EXECUTIVE SUMMARY:
The abc360 Conference is the Nation’s largest and most comprehensive educational event for ambulance industry billing, coding and compliance and administrative professionals. This is the west coast event that is the closest to Sanger. As the City has returned to ambulance billing in- house, the information obtained from these classes will be invaluable in ensuring that our staff have the most up to date knowledge on the intricacies of ambulance coding and billing.
BACKGROUND:
In the summer of 2018 the responsibility of ambulance billing was returned to the City after several decades of contracting out this service. The process of ambulance billing and working with Federal, State and private insurance companies for proper and responsible billing of patients is dynamic, with laws and statutes changing frequently, especially in the areas of compliance and patient privacy. The 17 \\nas1\shared\Forms & Templates
proposed conference will provide the training and education necessary to ensure that the administrative staff of the Fire Department have recent and relevant knowledge in ambulance billing practices as well as provide required continuing education hours to maintain their certifications as Certified Ambulance Coders.
REASON FOR RECOMMENDATION:
This training and educational event is only offered in Las Vegas on the west coast.
FISCAL IMPACT:
The total cost to attend the course including flight, hotel, per diem and registration fees for both the Executive Assistant and Billing Clerk is $2,882. There are sufficient funds to cover the cost of this training within the Ambulance Division training budget.
ALTERNATIVES:
Do not approve the request in which case the staff will not attend the conference.
ACTIONS FOLLOWING APPROVAL:
Upon approval the normal travel and training forms will circulate through the City Manager’s Office.
18 Prepared by: __Greg Tarascou _ Approved by: ________________________ REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: _HCM__ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X__ Consent
____ Info Item
____ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: February 6, 2025
Ag
enda Item No.: G-4
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: Contract with CareFusion Solutions, LLC
Attachments: Contract between City of Sanger and CareFusion Solutions Quotes for Software Use, Support and EHR Integration
CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Tha
t the City Council approves the contract between the City of Sanger and CareFusion Solutions, LLC for the use of medication dispensing software, support and Electronic Health Record (EHR) integration for the Fire Department and authorizes the City Manager to sign the necessary documents on behalf of the City.
EXE
CUTIVE SUMMARY:
Ma
naging the inventory of medications used for emergency medical service calls has historically been through the use of Excel spreadsheets, paper order forms and email chains for ordering of medications and supplies. This process causes unnecessary and often erroneous redundancies that require several hours of staff time every week to reconcile. The proposed medication dispensing software will be implemented into the Fire Department’s new dispensing machine provided by CareFusion Solutions.
BACK
GROUND:
Com
monly known as a Pyxis system, this medication dispensing machine has normally been a staple of hospital-based supply chain management. However, in recent years this equipment has transitioned toward public safety models, where this software can manage the supply chain of medications needed 19 \\nas1\shared\Forms & Templates
in the field for emergency calls. Actions such as alerts on upcoming expiration of stocked medications, low stock notifications, and appropriate security of narcotics as required by the Federal Drug Administration are a few features this software can prov ide. It is anticipated that this system will improve Department efficiency and effectiveness , reduce unnecessary over ordering of supplies and maintain appropriate security of the Fire Department’s medication inventory.
The Master Agreement between the City and CareFusion Solutions provides for the terms and conditions to utilize this software and related applications. The attached quotes are for the yearly costs.
REASON FOR RECOMMENDATION:
In the Fire Station Remodel Project, the contractor was required to provide and install the physical Pyxis machine for the maintenance of the Department’s medication inventory. This software would be a yearly fee that would provide the necessary link between the physical machine and the Fire Department’s electronic health record (EHR) software for the appropriate maintenance of inventory as well as provide support.
FISCAL IMPACT:
The total for the entire software package is $3,948 per year. This includes:
Electronic Medical Record Integration - $114/month
MedBank Support - $45/month
Pyxis Facility Software - $102/month
Facility Device Integration - $68/month
Total Monthly Costs - $329/month or $3948 per year. This cost can be added into the Fire Department’s Ambulance Division budget so no new funds are being requested at this time.
ACTIONS FOLLOWING APPROVAL:
The City Manager will obtain the agreement and sign on behalf of the City. 20 Ver. 20220622 Page 1 of 6 NST/SR/CSA 20240107 BD PYXIS™ MEDBANK – STANDARD TERMS AND CONDITIONS
Effective as of the date of both signatures below (“Effective Date”), this agreement (“Master Agreement”) is entered by and between CareFusion Solutions, LLC, a wholly owned subsidiary of Becton, Dickinson and Company, including it’s wholly owned affiliates, (“we” or “CFN” or “CareFusion ”) and the legal entity identified in the signature block, below (“Customer”) (each, a “Party” and, collectively, the “Parties”). This Master Agreement shall govern CFN’s provision of, and Customer’s acquisition of, BD Pyxis ™ MedBank equipment (the “Equipment”), software, and services, support or other services (collectively, “Services”) set forth in an agreement executed by the Parties (each, a “Quote” or “Customer Order”, and collectively with the Master Agreement shall be the “Agreement”). Any reference to a “Master Agreement” on a Quote for BD Pyxis™ MedBank equipment, software, or related services shall mean these terms and conditions. Additional or conflicting terms (whether included in a purchase order or otherwise) do not amend or modify the Agreement. A CUSTOMER ORDER
IS NON- CANCELLABLE AND, EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, NON-REFUNDABLE.
1. Products and Services. The products (“Products”), software (“Software ”) and services (“Services”) purchased under the Agreement, are detailed in the Customer Order and described in all applicable user guides, technical specifications, product security white papers that apply to the Products, Software and Services purchased under the Agreement (the ‘Documentation”).
2. Equipment Terms. Title to the Equ ipment will remain with CFN indefinitely in cases where the Customer Order calls for a lease or rental and until payment of the purchase price in cases where the Customer Order calls for a purchase. In the case of a lease or rental, you agree to maintain the Equipment in accordance with the Documentation and bear the risk (and expense) of loss and damage for any cause from delivery until the Equipment is returned to CFN at the end of the lease or rental term.
3. Pricing; Shipping; Payment Terms. Each Customer Order includes prices, fees and other specific terms and conditions for the Equipment and Software (collectively, the “Products”) and Services. Equipment that is shipped directly from CFN will ship to the facility designated in each Customer Order, F.O.B. Origin , with freight charges and insurance being paid by CFN and added to the invoice. Payment terms are Net 30 from the date of your receipt of the invoice, which invoices shall be sent no later than 30 days after the applicable Term Begin Date; fee -based credit cards are accepted if approved in advance by CFN. You are responsible for all taxes and assessments levied against the Products , including, without limitation, withholding or value added taxes, and personal property taxes imposed on CFN as the Equipment lessor ; CFN will not collect sales tax if you provide CFN with written evidence of exemption.
4. Software License Terms and Restrictions. CFN grants Customer a nonexclusive, nontransferable, limited license to use the Software and Documentation licensed solely in connection with Products purchased/ rented under the Agreement and only in conjunction with your internal business purposes, provided that all licensing of third party software will be subject to the terms of any third party software terms included in the Documentation, and subject in all cases to payment of applicable fees. During the Agreement Term, you may access and use, and may permit Users to access and use, the Software in the ordinary course of your business
at your “location” or “ship to facility”
identified in the Customer Order, or as otherwise agreed to by the Parties (each such location, a “Facility ”). “ Users” shall mean those Customer employees, agents, consultants and similar personnel, or Customer’s clients who Customer authorizes to use and access Software. Customer shall maintain responsibility for all obligations and ensuring compliance with the terms and conditions of the Agreement, including with respect to all Users. From time to time, CFN may add, modify, discontinue, condition the use of, and otherwise change elements of Software, but will not materially lessen core features or functions. You shall not, and shall not permit any User to: (i) circumvent or bypass any technological protection measures in or relating to a Product; (ii) decompile, disassemble, decrypt, hack, emulate, exploit, or reverse engineer or otherwise attempt to obtain or perceive the source code of Software; (i ii) modify or create any derivative work from Software or Documentation; (iv) copy, publish, display, perform, transfer, rent, sublicense, lease, sell, assign, pledge, encumber, export, import, distribute, or lend Software or Documentation; (v) enable access to Software by a third-party software application, except as expressly authorized by CFN in writing; (vi) remove, alter or obscure any proprietary notice or legend from a Product or Documentation; (vii) permit use of a Product by any person not qualified or not authorized to do so; or (viii) use a Product in violation of any law or regulation.
5. Data Security and Rights.
a. During the Term , CFN will maintain a written information security program of policies, procedures and controls governing the processing, storage, transmission and security of Customer Data (the “ Security Program”). The Security Program includes industry -standard practices designed to protect Customer Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. CFN updates the Security Program to address new and evolving security technologies, changes to industry standard practices, and changing security threats, although no such update will materially reduce the commitments, protections or overall level of service provided to Customer as described herein. b. CFN’s information security policies shall be documented and communicated to personnel, contractors, and third parties with access to Customer Data, including appropriate ramifications for non- compliance, and are available at https://cybersecurity.bd.com/?_ga=2.254414920.1133650491.1634222395- 1074638392.1514910707.
c. CFN shall perform risk assessments with the objective to regularly test, assess and evaluate the effectiveness of the Security Program supporting the Software.
CFN shall have the risk program audited annually by an independent third- party in accordance with Section 5(d) below.
d. CFN shall use commercially reasonably efforts to establish and maintain sufficient controls to meet certification and attestation for the objectives stated in ISO 27001, ISO 27018, SSAE 18 / SOC 1 and SOC 2 Type 2 (or equivalent standards) for the Security Program supporting the Software. Commencing on January 1, 2023, CFN shall, a t least once per calendar year, obtain an assessment against such standards and audit methodologies by an independent third- party auditor and , upon request make the executive reports available to the Customer. e. Any data center facilities include (1) physical access restrictions and monitoring ; and (2) fire detection and fire suppression systems both localized and throughout the data center floor. The systems, machines and devices include (1) physical protection mechanisms; and (2) entry controls to limit physical access. f. CFN shall use NIST 800 -88 industry standard (or substantially equivalent) destruction of sensitive materials, including Customer Data, before such media leaves CFN’s data centers for disposition.
g. CFN conducts regular security risk evaluations to identify critical information assets, assess threats to such assets, determine potential vulnerabilities, and provide for remediation. When software vulnerabilities are revealed and addressed by a vendor patch, CFN will obtain the patch from the applicable vendor and apply it within an appropriate timeframe in accordance with CFN ’s then - current vulnerability management and security patch management standard operating procedure and only after such patch is tested and determined to be safe for installation in all production systems.
h. CFN updates antivirus, anti -malware, and anti -spyware software on regular intervals and
centrally logs events for effectiveness of such software. i. CFN uses industry standard encryption to encrypt Customer Data in transit over public networks to the Software.
j. Software patches are regularly made available to Customers to address known vulnerabilities.
k. Software shall not contain viruses, malware, worms, date bombs, time bombs, shut-down devices, that may result in, either: (a) any inoperability of the Software; or (b) any interruption, interference with the operation of the Software (collectively, “Illicit Code”). If the Software is found to contain any Illicit Code that adversely affects the performance of the Software or causes a material security risk to Customer Data, CFN shall, as Customer’s exclusive remedy, use commercially reasonable efforts to remove the Illicit Code or to advise and assist Customer to remove such Illicit Code.
l. CFN maintains a disaster recovery related plan for CFN-hosted Products and Services that is consistent with industry standards for the Software. m. CFN monitors, analyzes, and responds to security incidents in a timely manner in accordance with CFN’s standard operating procedure. CFN’s security group will escalate and engage response teams as may be necessary to address a security incident. CFN will report to Customer any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data (a “ Breach”) without undue delay following determination by CFN that a Breach has occurred.
As information is collected or otherwise becomes available, CFN shall provide without undue delay any further information regarding the nature and consequences of the Breach to allow Customer to notify relevant parties, including affected individuals, government agencies, and data protection authorities in accordance with data protection laws. Customer will cooperate with CFN by providing any information that is reasonably requested by CFN to resolve any security incident, including any Breaches, identify its root cause(s), and prevent a recurrence. Customer is solely responsible for determining whether to notify the relevant supervisory or regulatory authorities and impacted parties and for 21 Ver. 20220622 Page 2 of 6 NST/SR/CSA 20240107 BD PYXIS™ MEDBANK – STANDARD TERMS AND CONDITIONS
providing such notice.
n. This Section 5 does not apply to: (a) information shared with CFN that is not Customer Data; (b) data in Custom er’s VPN or a third -party network; and (c) any data processed by Customer or its users in violation of the Agreement. o. CFN may access and use Customer Data: only to provide Products, Support, and Implementation Services; (ii) to improve Products and to develop new Products to improve the delivery, quality, or safety of healthcare; (iii) for benchmarking; and (iv) for aggregate analysis. Notwithstanding the foregoing, CFN may only use or disclose PHI in accordance with Section 15. If Customer Data contains PHI, then CFN will use such Data in conformance with the Privacy Rules.
6. S
ervice and Support . Support and Services purchased under Customer Orders are provided in accordance with the descriptions and conditions in Schedule A. CFN provides Support during the Term subject to Customer’s payment of the applicable fees, and CFN may increase the Monthly Support Fees, if any, stated on the Customer Order for the Products, once every twelve (12) months by no more than the Consumer Price Index for medical care plus two percent (2%), provided the increase will be effective (i) upon at least ninety (90) days’ written notice to Customer and (ii) as of the anniversary date of the initial Term (as defined under Section 16 , below) stated on the Customer Order. Only CFN’s designated service technicians may service, perform maintenance that is not expressly required to be performed by Customer, or repair the Equipment. After termination or expiration of any Support plan Customer may purchase an extended service plan and, if Customer chooses not to purchase such plan, then Customer will be responsible for charges for Services on a time and material basis. Support is not assignable by Customer and shall not pass to the benefit of any eventual transferee of the Equipment from Customer. Customer shall cooperate with CFN in providing Support, including by ensuring that the system requirements specified in the Documentation are satisfied, with such system requirements a condition of Implementation Services. If Customer at any time fails to pay any fees for either Service or Support, as applicable, and does not dispute the fees reasonably and in good faith, then, on not less than 30 days’ notice, CFN may cease providing such Service or Support for so long as the fees remain unpaid.
7. Implementation Services. Products will be implemented pursuant to the option set f
orth in the Customer Order. The Implementation Service options are described in Schedule A. Each Party shall use reasonable efforts to fulfill its responsibilities, conduct its activities, and provide its deliverables as specified in the implementation timeline. Customer shall reasonably cooperate with CFN in its performance of Implementation Services, including providing any resources (including technology and physical environment) and with all necessary permits and free of obstructions, in each case as specified in the Documentation. Acceptance will be deemed to occur u pon completion of the Implementation Services, and Customer will provide CFN with written acknowledgment of Acceptance.
8. U pdates and Upgrades. A charge may apply for Upgrades. Updates, Upgrades and any other revisions to third party software are not provided by CFN. Customer must remain within the last two (2) software versions to continue to receive Support. In the event Equipment is required to be upgraded to support the installation of Updates and Upgrades, the Customer shall be responsible for the purchase of such Equipment.
9. Customer Responsibilities. You shall (i) maintain virus and malware protection and operating system security updates to network connected computing systems which run Software and for backing up any information generated by the Equipment; (ii) maintain a safe work environment in connection with our provision of Service and/or Support; (iii) provide high-speed internet access and firewall modifications to enable connectivity for Support, if applicable, and (iv) not move or transfer Products from a Facility without providing CFN with reasonable prior written notice of such move or transfer. Remote support service (“ RSS”) is required to provide support for security patches and assistance with cybersecurity incident response. If Customer chooses not to allow RSS to connect, security patch management and cybersecurity incident response will be the sole responsibility of Customer. RSS for requests received outside of working hours in the continental United States may be provided from locations outside of the United States, including Malaysia and Canada. Notwithstanding the foregoing, the Data Security protections set forth in Section 5 shall apply to such support.
10. Term; Termination; Effect of Termination. The Agreement will remain in effect until terminated and will remain in effect thereafter with respect to any Customer Order entered into prior to the effective date of termination. If a Customer Order does not include an expiration date, the Customer Order shall terminate concurrently with and on the terms set forth in the Agreement; Customer Orders that include an expiration date shall automatically renew for an additional 1 year term, and shall be subject to all applicable charges, unless Customer notifies CFN in writing, at least 60 days prior to the expiration of the then current term that it does not wish to extend the term . Either party may immediately terminate any Customer Order and the Agreement , as its sole remedy, if the other Party’s key personnel is convicted of an offense related to health care or listed by a federal agency as being debarred, excluded, or otherwise ineligible for federal healthcare program participation. Either Party may terminate any Customer Order if the other Party materially breaches such Customer Order and, except with respect to a payment breach, fails to cure such breach within 30 days after notice of the breach. The termination or expiration of the Agreement shall not terminate any Customer Order between CFN and Customer, and any such Customer Order shall survive the expiration or termination of the Agreement, according to its terms and shall be subject to the applicable terms and conditions of the Agreement for the term of such Customer Order. Termination of the Agreement or any Customer Order will not release a Party from any liability that exists at the time of termination or that accrues thereafter with respect to any act or omission before termination. If previously-installed Pyxis TM
products are being upgraded or subject to new terms and conditions under this Quote, then the previously -applicable terms and conditions, including payment terms, for those products shall remain in full force and effect until the Term Begin Date of this Quote, unless otherwise agreed to in writing by the Parties.
11. Limited Warranty; Exclusions. CFN represents and warrants that the Products will meet the specifications stated in the Documentation in all respects, shall be free from defects in material and workmanship for either the warranty period or expiration date stated in the Documentation for such Products, or , for Products without a stated warranty period or expiration date, 90 days (the “Warranty Period”). Services and Support will be performed in a professional manner in accordance with generally accepted industry standards. Customer’s sole and exclusive remedy for any breach of this warranty shall be (i) repair or replacement of the non -conforming Products, (ii) a refund of the amount paid to CFN for non-conforming Products, or (iii) correct any service not performed in accordance with the warranty, with such remedy to be at CFN’s option. Customer must provide written notice of any such non- conformance to CFN within the Warranty Period. Any alteration, abuse, misuse, further manufacture, packaging, processing, adjustment or repair by any person or entity other than CFN or a person or entity authorized in writing by CFN shall void any Products warranty. THIS
LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CFN AND IS IN
LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING TITLE, NON -INFRINGEMENT, NON- INTERFERENCE,
INTEROPERABILITY, QUALITY OR CONDITION, ACCURACY, COMPLETENES S,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS, WHETHER LATENT OR PATENT. NEITHER CFN NOR ANY EMPLOYEE OF CFN IS ENGAGED IN THE PRACTICE OF MEDICINE.
CUSTOMER IS RESPONSIBLE FOR VERIFYING THE ACCURACY,
COMPLETENESS, AND PERTINENCE OF ANY PHARMACOLOGICAL, MEDICAL,
PATIENT, LEGAL OR OTHER RESULTS, DATA OR INFORMATION ENTERED IN,
RECEIVED BY, PROCESSED BY, STORED IN, TRANSMITTED BY, PRODUCED BY, DISPLAYED BY, OR USED IN CONNECTION WITH THE PRODUCTS.
CUSTOMER ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE
USE OF SUCH INFORMATION, WHETHER SUCH INFORMATION IS USED ALONE OR IN COMBINATION WITH OTHER INFORMATION.
12. Exclusions. Any warranties provided hereunder will not apply to failure of any Products caused by (i) Customer’s abuse, neglect or misuse of the Product or failure to maintain the Product in accordance with its Documentation (ii) implementation, repair, modification, alteration, adjustment, or relocation of the Product other than as expressly authorized by CFN; (iii) malicious software not introduced by CFN; or (vi) Customer’s failure to permit installation of an Update, or otherwise comply with Customer Responsibilities set forth in Section 9.
13. Confidentiality; IP.
a. General. Except as provided below, neither Party shall disclose Confidential Information to any other person, or entity other than the Federal Government, a Party’s advisors for purposes consistent with the Agreement , or as required by law. In the event a Party in receipt of Confidential Information (“ Receiving Party”) is requested or becomes compelled, by a court of competent jurisdiction, administrative agency or other governmental body, to disclose Confidential Information of the Party that disclosed the Confidential Information (“Disclosing Party”), the Receiving Party will provide the Disclosing Party with prompt notice.
CFN’s obligations in this paragraph and the exceptions in paragraph 13(b) below supersede any obligations of CFN or any CFN representative contained in any confidentiality agreement or statement executed or acknowledged at the entry of any Customer facility, which agreements or statements are void. b. Exceptions. The obligations of this confidentiality section do not apply to information that: (i) was in the public domain or was known to the Receiving Party before the information was received by the Receiving Party; (ii) is developed by the Receiving Party or on its behalf independently of the information disclosed by the Disclosing Party as shown by written record; (iii) is acquired by the Receiving Party from a third party not under an obligation of confidentiality to the Disclosing Party; or (iv) becomes publi c knowledge without breach by the 22 Ver. 20220622 Page 3 of 6 NST/SR/CSA 20240107 BD PYXIS™ MEDBANK – STANDARD TERMS AND CONDITIONS
Receiving Party of any obligations of confidence to the Disclosing Party. c. Rights upon Termination. Upon termination of the Agreement or termination or expiration of a Customer Order, each Party shall (i) immediately discontinue all use of the other Party’s Confidential Information; (ii) use reasonable efforts to promptly purge the other Party ’s Confidential Information from its computer storage or other media, including online and off -line libraries (however, to the extent it is not feasible for the Party to purge such Confidential Information from back-up storage, the Party shall retain it in accordance with Section 13; and (iii) upon the request of the other Party, certify in writing that it has complied with the terms of this section.
d. IP Rights . CFN owns or has rights to all Intellectual Property embodied or embedded in, or practiced by, the Products, Documentation, or CFN Data, and all rights therein. No services, including design technical support or advisory services, will be performed as works made for hire, and CFN retains full rights to design or market the same or similar designs for other customers. If Customer provides feedback on Products or ideas for new products, CFN may use and commercialize such f eedback and ideas in any way and for any purpose.
14. Indemnification; Limit of Liability.
a. General. CFN shall defend against and indemnify the Customer for any loss, bodily injury, damages, or liability, including reasonable attorneys’ fees, resulting from any third party claim (“ Claim”) to the extent arising from CFN’s negligence or willful misconduct or breach of its representations, warranties and covenants under the Agreement; provided, however, that such obligation shall not apply to Claims arising from the negligence or willful misconduct of any healthcare professional in performing services in a healthcare facility owned or operated by Customer. Customer shall give prompt notice of the Claim to CFN; however, any delay in giving notice will not excuse CFN’s obligations under this section, except to the extent Customer has been prejudiced by the delay.
Customer shall cooperate with CFN in the defense of the Claim and in any settlement of the Claim , provided, however, f CareFusion shall not enter into any settlement agreement admitting fault on the part of Customer or that would otherwise adversely impact Customer without Customer’s prior written consent. b. Infringement. CFN shall defend Customer against any Claim that CFN ’s manufacture or sale of a Product infringes any patent or copyright of such person enforceable in the U.S. or misappropriates any trade secret of such person (“Infringement Claim”). On the occurrence of any Infringement Claim, or in the event CFN believes an Infringement Claim is likely, CFN may, at its option (i) modify the Product to make it non-infringing, or substitute functionally equivalent hardware or software; or (ii) obtain a license to the applicable third- party intellectual property rights; or (iii) refund the purchase price of the Product in question.
CFN will have no obligation or liability to the extent the Infringement Claim arises from: (i) the combination or use of the Product with products, services, hardware, software, technology, data or other materials not furnished or approved by CFN ; (ii) modification of the Product, except as expressly authorized by CFN in writing; or (iii) use of the Product other than in accordance with the Documentation, in violation of the Customer Order or applicable laws, or after notice from CFN that Customer should cease use of the Product. The obligations set forth in this section will constitute CFN ’s entire liability and Customer’s sole remedy for any actual or alleged Infringement Claim. c. NO PARTY WILL BE LIABLE TO THE OTHER PARTY FOR: (I) ANY
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM (WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), EVEN IF SUCH
PARTY HAS BEEN ADVISED OF TH E POSSIBILITY OF SUCH DAMAGES; (II) ANY DAMAGES FOR BUSINESS INTERRUPTION; OR (III)
REPROCUREMENT COSTS, LOSS OF PROFITS, INCOME, BUSINESS, USE, DATA OR GOODWILL. Other than with respect to payment claims, and subject to the exceptions in 14 (d) below, the total liability of a Party in connection with any matter arising from or relating to a Customer Order (whether in contract, tort, negligence or otherwise) will be limited to the amount of all fees paid or to be paid by Customer under the Customer Order(s) to which the matter relates during the 12 month period immediately preceding the event giving rise to such liability.
d. The exclusions set forth in 14 (c) will apply to the fullest extent permitted by applicable laws, but will not apply to any liability arising from: (i) indemnification obligations hereunder related to death, bodily injury, (ii) a Party’s fraud, gross negligence or willful misconduct; and (iii) breaches of confidentiality obligations.
Notwithstanding the foregoing, the total aggregate liability of CFN for claims arising out of CFN’s failure to comply with its obligations of confidentiality and data security under the Agreement (other than w ith respect to claims arising from CFN’s gross negligence or willful misconduct, for which CFN’s liability will be uncapped), shall be limited to $400,000.
e. CFN shall provide and maintain throughout the term of this Agreement Cyber Liability Insurance with limits not less than one million dollars ($1,000,000) per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information or personally identifiable information (PII), alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
f. CFN shall provide and maintain throughout the term of this Agreement Commercial General Liability Insurance of not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, and two million dollars ($2,000,000) products and completed operations aggregate. The policy(s) shall be endorsed to include, the Customer, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations. The policy shall allow and be endorsed as primary and not seek contribution from the Customer’s coverage, to the extent of CFN’s indemnification obligations herein. Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the Customer, its officers, officials, employees, and agents.
g. CFN shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Vendor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than one million dolllars $1,000,000 each accident, disease-policy, and disease- each employee. The insurer, if insurance is provided, or CFN, if a program of self -insurance is provided, shall include an endorsement to waive all rights of subrogation against Customer, its officers, officials, employees, and agents. The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the Customer upon written verification that CFN does not have any employees. h. The Insurance required hereunder shall be placed with insurers admitted in the State of California and with an AM Best rating of A - VII or higher.
Notwithstanding the foregoing, the Parties understand and agree that CFN may at any time self-insure for all or part of the insurance required hereunder. CFN shall provide Certificates of Insurance and all required endorsements prior to the commencement of the services under this Agreement acceptable to Customer. In respects to CFN’s indemnification obligations, any insurance or self-insurance maintained by the CFN shall be excess of the C ustomer’s insurance and shall not contribute with Customer’s insurance coverage.
15. B
usiness Associate Terms.
a. Permitted Uses and Disclosures by Business Associate. In the performance of its obligations under the Agreement, CFN will receive PHI from or on behalf of Customer. CFN shall not use or further disclose PHI except:
(i) Business associate may use or disclose protected health information as necessary to perform the services set forth in the Agreement; or (ii) Business associate may Use protected health information for the proper management and administration of the business associate or to carry out the legal responsibilities of the business associate, provided the disclosures are required by law, or business a ssociate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies business associate of any instances of which it is aware in which the confidentiality of the information has been breached; or 23 Ver. 20220622 Page 4 of 6 NST/SR/CSA 20240107 BD PYXIS™ MEDBANK – STANDARD TERMS AND CONDITIONS
(iii) Business Associate may use or disclose PHI as otherwise expressly permitted in writing by Covered Entity; or
(iv) Solely to the extent permitted by 45 C.F.R. §164.514, Business Associate shall de-identify PHI and use such de-identified PHI only as permitted by law and in a manner that would not violate the HIPAA Rules and the Agreement; or
(v) If CFN provides data aggregation services to Customer, CFN may use PHI to provide Data Aggregation services to Customer as permitted by the HIPAA Rules.
b. Minimum Necessary. In conducting functions and/or activities under the Agreement that involve the use and/or disclosure of PHI, CFN shall make reasonable efforts to limit the use and/or disclosure of PHI to the minimum amount of information necessary to accomplish the intended purpose of the use or disclosure.
c. Protection of PHI. CFN shall use appropriate safeguards to prevent use or disclosure of PHI other than as permitted by the Agreement. d. Reporting. CFN shall promptly and without undue delay report to Customer any Breach, Security Incident, or improper Use or Disclosure of PHI as required by the HIPAA Rules and applicable State law . Notwithstanding the foregoing,
no report shall be required for unsuccessful attempts at unauthorized Access, Use, Disclosure, modification, or destruction of PHI or unsuccessful attempts at interference with systems operations in an information system, which shall include, but not be li mited to, pings and other broadcast attacks on Business Associate's firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above with respect to Business Associate’s information systems, unless such incident appears to be an attempt to obtain unauthorized access, use or disclosure of Covered Entity’s electronic PHI. e. Mitigation. CFN shall mitigate, to the extent practicable, any harmful effect that is known to CFN of a use or disclosure of PHI by CFN in violation of the Agreement.
f. Subcontractors and Agents. CFN agrees to ensure that any subcontractors and agents to whom it provides PHI received from, or created, or received by, CFN on behalf of Customer agree in writing to the same restrictions and conditions set forth in the business associate provisions of the HIPAA Rules that apply through the Agreement to CFN with respect to such information in accordance with such rules. CFN shall enter into a written contract or agreement with each of its subcontractors and agents. CF N shall obtain and maintain certificates of insurance from each of its subcontractors. or agents, to the extent applicable.
g. Accounting to HHS. CFN shall make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of Health and Human Services (the “ Secretary”), in a time and manner designated by Customer or the Secretary, for the purpose of the Secretary determining Customer’s compliance with the HIPAA Rules.
h. Documentation of Disclosures. CFN shall document and maintain documentation of such disclosures of PHI and information related to such disclosures as would be required for Customer to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with HIPAA Rules.
i. Accounting of Disclosures. If CFN receives a request from an individual pursuant to the HIPAA Rules for an accounting of Customer’s disclosures of the individual’s PHI and, in the course of attempting to satisfy the individual’s request, Customer provides a written request to CFN, then Business Associate shall promptly provide Customer the information required to be included in an accounting pursuant to applicable HIPAA Rules for CFN’s disclosures of PHI that are subject to an accounting pursuant to HIPAA Rules. j. Access and Designated Record Set. To the extent CFN maintains PHI in a “Designated Record Set,” as that term is defined in the HIPAA Rules , CFN agrees to provide access, at the request of Customer, and in a reasonable time and manner, to PHI in a Designated Record Set to Customer in order for Customer to meet the requirements under the HIPAA Rules. If applicable, CFN agrees to make any amendment(s) to PHI in a Designated Record Set that Customer directs or agrees to pursuant to HIPAA Rules at the request of Customer and in a reasonable time and manner.
k. To the extent the Business Associate is to carry out one or more of Covered Entity's obligations(s) under the HIPAA Rules, it will comply with the requirements that apply to the Covered Entity in the performance of such obligation(s).
l. Return or Destruction of PHI . Upon termination of the Agreement for any reason, CFN shall either return or destroy, if feasible, all PHI received from Customer, or created, maintained or received by CFN on behalf of Customer.
This provision shall apply to all such PHI in the possession of subcontractors or agents of CFN. CFN shall retain no copies of the PHI. If CFN determines that returning or destroying the PHI is infeasible, then CFN shall provide to Customer notification of the conditions that make return or destruction infeasible. CFN shall extend the protections of this Section to such PHI and limit further uses and disclosures of such PHI to those purposes that makes the return or destruction infeasible, for so long as CFN maintains the PHI. m. Electronic PHI Safeguards. To the extent CFN creates, receives, maintains or transmits Electronic PHI on behalf of Customer, CFN shall comply with the applicable HIPAA Rules and shall implement Administrative, Physical and Technical Safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Electronic PHI, in accordance with the applicable HIPAA Rules, and ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits Electronic PHI on CFN’s behalf will (i) implement reasonable and appropriate safeguards to protect Electronic PHI; and (ii) comply with any applicable requirement of the applicable HIPAA Rules.
n. Conformance with Modification of HIPAA Rules or Regulations. If an amendment to or modification of HIPAA Rules , requires modification of this Section to permit Customer or CFN to remain in compliance during the term of the Agreement, then CFN and Customer shall enter into good faith negotiations to amend this Section to conform to any change required by such amendment or modification. Notwithstanding the foregoing, if Customer and CFN have not amended the Agreement to address a law or final regulation that becomes effective after the Effective Date and that is applicable to the Agreement, then upon the effective date of such law or regulation (or any portion thereof) the Agreement shall be amended automatically and deemed to incorporate such new or revised provisions as are necessary for the Agreement to be consistent with such law or regulation and for Customer and CFN to be and remain in compliance with all applicable laws and regulations.
o. S
urvival . The obligations of CFN pursuant to this S ection shall survive the termination, cancellation or expiration of the Agreement.
16. Certain Defined Terms.
a. “Acceptance” means the completion of Implementation Services or, if no Implementation Services are provided, the delivery of the Products or, as applicable, the protocols, keys or access codes needed to access and use the Products.
b. “CFN Data” means data that is part of a Product or Service and data derived from that data. and includes event data, operational data, device health data, database structure, and machine metrics of or relating to a Product or Service. c. “Confidential Information” means any confidential or proprietary information of a Party, however disclosed or recorded that is disclosed in connection with the Customer Order (including, with respect to Customer, Customer Data, and, with respect to CFN, CFN Data).
d. “Customer Data” means data that is created by Customer, or as between Customer and CFN, originates with Customer and is stored, transmitted to, or accessed by CFN through a Product, as applicable. For avoidance of doubt, Customer Data includes PHI and personally identifiable information of any member of Customer’s workforce and excludes CFN Data.
e. “Term” means the period of time specified in a Customer Order during which Customer is entitled to access and use a Product.
f. “Implementation Services” means the professional services and training provided by CFN to assist Customer in the implementation of a Product. a. “IP” means all (a) processes, methodologies, procedures and trade secrets, algorithms, apparatus, circuit designs and assemblies, scripts, databases, data collections, data models, designs, diagrams, formulae, ideas and inventions (whether or not patentable or reduced to practice), know -how, materials, marketing and development plans, methods, models, network configurations and architectures, protocols, schematics, specifications, subroutines, techniques, tools, uniform resource identifiers, user interface s, web sites and domain names, (b) trademark, service mark, logos, or trade dress, (c) Software, tools and machine-readable texts and files, and (d) copyrights, literary work or other work of authorship, including documentation, reports, manuals, training materials, artwork, drawings, fonts, photographs, charts and graphics. 24 Ver. 20220622 Page 5 of 6 NST/SR/CSA 20240107 BD PYXIS™ MEDBANK – STANDARD TERMS AND CONDITIONS
b. “PHI” means “protected health information” as defined in 45 CFR §160.103, of any patient of Customer.
c. “HIPAA Rules” means Health Insurance Portability and Accountability Act of 1996, and regulations promulgated thereunder, and the Health Information Technology for Economic and Clinical Health Act (Division A, Title XIII and Division B, Title IV, of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). d. “Update” means software to update, patch, fix, enhance or otherwise modify an already existing feature for the purposes of maintaining current functionality of the Equipment or Software that is a less substantial change than an Upgrade, as designated by CFN in its sole discretion and made generally available to its customers.
e. “Upgrade” means any new functionality to either Software or Equipment that does not exist in the current configuration and which requires additional payment by the Customer. “Functionality” is defined as a combined set of features that each CFN product can perform that is a more substantial change than an Update, as designated by CFN in its sole discretion and made generally available to its customers.
f. “Term Begin Date” means the first day of the month following Acceptance, or a date otherwise mutually agreed upon by the parties in writing.
17. Miscellaneous.
a. Each Party hereby represents that it shall comply with applicable laws. b. All claims, controversies or disputes arising out of or relating to the Agreement or a Customer Order, the relationship of the parties and/or the interpretation and enforcement of their respective rights and obligations herein, shall be governed by the laws of the State of California, except for any choice or conflict of law principles.
c. E
ither Party may assign, sell, or otherwise transfer the Agreement without the prior consent of the other Party (a) to an Affiliate or (b) in connection with a sale or transfer of all or substantially all of the assets of such Party related to the subject matter described therein, provided that the assignee agrees in the applicable transaction documents (or in a separate agreement) to perform all the assignor’s obligations under this Master Agreement or the applicable Customer Order.
d. E ither Party’s failure to insist upon performance of any provision of the Agreement is not a waiver of any of its rights under the Agreement. No waiver under the Agreement will be valid or binding unless set forth in a writing signed by the Party against which enforcement of the waiver is sought. The waiver will constitute a waiver only with respect to the specific matter described in the waiver and will not impair the rights of the Party granting the waiver in any other respect or at any other time. No delay or forbearance by either Party in exercising any right under the Agreement will be deemed a waiver of that right. e. If any provision of the Agreement should for any reason be held invalid, unenforceable or contrary to public policy, the remainder of the Agreement shall remain in full force and effect.
f. The Agreement together with any Customer Orders (i) are the entire agreement between the parties and supersedes any other oral or written communications, advertisements or understandings with respect to the subject matter hereunder g. No amendment of the Agreement will be valid unless such amendment is made in writing and is signed by authorized representatives of CFN and the applicable Customer.
h. Nothing in the Agreement may be construed to place the p arties in the relationship of partners, joint ventures, principal and agent, or employer and employee. Neither Party may assume, create, or incur any liability or obligation in the name of or on behalf of the other Party by virtue of the Agreement. Each Party shall bear the costs of performance of its obligations under the Agreement.
i. The Parties agree that there are no third-party beneficiaries of the Agreement, except Customer’s affiliates to the extent they execute a Customer Order.
[End of document].
Each person signing below represents that he/she intends to, has the authority to, and hereby binds his/her respective party to this Agreement.
CITY OF SANGER
Customer By:
CAREFUSION SOLUTIONS, LLC
CFN By:
Customer Print: CFN Print:
Customer Title: CFN Title:
Date: Effective Date:
25 Ver. 20220622 Page 6 of 6 NST/SR/CSA 20240107 BD PYXIS™ MEDBANK – STANDARD TERMS AND CONDITIONS
SCHEDULE A – SMS AND IMPLEMENTATION SERVICES DESCRIPTION
1. Support and Maintenance Service Description.
a. Proper Performance and Updates. To the extent you have purchased Support and Maintenance Services (“ SMS”) in a Customer Order , we will provide, during the purchased support term, (i) SMS that is required to keep the Product functioning substantially in accordance with the user, specifications or product guides provided in the Documentation “ Proper Performance”), and (ii) Updates. Upon release we will coordinate delivery of the Update (via the Internet) and assist you with installation, using reasonable efforts to minimize disruption to your use of MedBank Software. Updates will be provided with scripts and programs that install complete, working versions of the applicable Updates. b. C ustomer Support. Customer Support is available by phone at 1.866.930.9251 24/7/365 and may also be requested online at [email protected], via the support chat feature on its myQlink.net website.
c. E xclusions . SMS is not provided if: (i) you are not in compliance with your obligations under the Agreement; (ii) use, operation, repair or maintenance of the Products are not in compliance with the manufacturer’s terms and conditions of use in the Documentation; (iii) a Product is being used in combination with any item with which such Product is not intended to be operated or used, (iv) a Product has been subject to abnormal physical or electrical stress; (v) the Product has been modified or altered other than by CareFusion or as permitted by CareFusion in writing, (vi) the performance issue is caused by your act, omission, negligence, Loss or damage in relation to a Product, (vii) you fail to follow the recommended operating environment for the Product, (viii) the problem is with third party software or hardware not licensed through or sold by CFN , (ix) you have not installed and implemented all released Updates; or (x) you moved or relocated the Product or assigned any right or interest in the Product without our advance written consent. Any service not specifically identified herein as a component of SMS may be provided by us upon or provision of an estimate and your issuance of a PO. d. Subcontractor. All or a portion of SMS may be provided by subcontractors, provided that we shall remain obligated to the terms herein to ensure quality performance of Support Services in accordance with the terms herein.
2. Implementation Services Description.
a. Implementation Services. If purchased in a Customer Order, we will provide implementation services in accordance with our standard service offerings and implementation timeline for the type of purchased services, “Concierge” or “Guided”, and Acceptance will be deemed to occur upon completion of services. b. Self-Install. Except for initial Customer Orders, you may elect to self -install under a subsequent Customer Order if you designate one or more employees (each, a “ Customer Implementation Specialist”) who satisfactorily completes “train the trainer” training provided by our personnel during implementation of BD Pyxis MedBank Products under a prior Customer Order. If you elect to self-install in a Customer Order, then your Customer Implementation Specialist(s) shall be responsible for implementing installation of Products under such Customer Order.
c. Per Diem Services. If you request any implementation- related or other services which are not included in the Quote/Customer Order, including: (i) on- site implementation services and troubleshooting; (ii) any additional implementation- or training-related services provided after Acceptance; or (iii) other services then CareFusion shall use best commercially reasonable efforts to provide the Per Diem Service under a separate agreement based on then-current per diem pricing applicable to all customers.
[End of Schedule A]
26 This Customer Order is not valid until executed by both Customer and CareFusion Solutions, LLC.
SALES ASSOCIATE:Liana Lohrbach
Email: [email protected]
Customer Order
Customer Order Date: 11/12/2024
Customer Order : 1000275013
Customer Information
Sold To: Ship To: Bill To
Legal Name: DIEDE CONSTRUCTION INC Same as (Circle) Sold To: Ship To:
DBA: DIEDE CONSTRUCTION INC SANGER FIRE DEPARTMENT
Street Address: 12393 N HIGHWAY 99 601 WEST AVE
City,St.,Zip: LODI, CA 95240-7269 SANGER, CA 93657
Customer No. 10289949 10289899
1. Customer Orders. Effective as of the date of both signatures below (“Effective Date”) this Customer Order is entered by and between CareFusion and Customer as separate and distinct agreements (combined for administrative convenience) for (i) the purchase or acquisition of the Products listed in the Product Schedule attached hereto and incorporated by this reference (each, a “Product” and, collectively, the “Products”); and (ii) Services applicable to the Products (collectively, the “Customer Orders”). The Customer Orders shall be governed by the latest Master Agreement and Schedule(s) applicable to the Products and Services and in effect between the Parties (“Master Agreement”). Notwithstanding the foregoing, if applicable to the Products hereunder, (a) a reference to “Master Agreement” will alternately refer to the latest Master Purchase Terms and Conditions, Master Rental Terms and Conditions or Master Support Terms and Conditions, and (b) Customer Order shall alternately mean “Purchase Agreement” , “Rental Agreement” or “Support Agreement”.
2. Configurations. Pricing set forth on the product schedules attached to these Customer Orders is based on the specific configuration, including type and quantities of drawers in the Products, as applicable. Any changes to the products or configurations may result in a change in pricing, subject to the applicable Group Purchasing Organization Agreement or other related pricing agreements between the Parties. Customer’s execution of the Equipment Confirmation form shall be confirmation of the Customer’s intended final configuration of the Products as Accepted.
Any one-time shipping, implementation or service fees listed on the Product Schedule attached hereto (“One-Time Fees”) will be invoiced on the first day of the month following the date the Agreement is signed by both Parties and shall be due and payable net 30 days from the date of the invoice.
Each person signing this document represents that he/she intends to and has the authority to bind his/her respective Party to the Purchase Customer Order and the separate Support Customer Order.
Copies of this Customer Order will be sent to Ship To signer listed above.
When complete, additional copies will be sent to the following address:
Name:
Street Address:
City,St.,Zip:
Will a Purchase Order be required for payment of the financial obligation proposed under this Customer Order?(Please Circle)
Yes No Purchase PO#:
Support PO#:
DIEDE CONSTRUCTION INC CAREFUSION SOLUTIONS, LLC
ATTN: CONTRACTS, 3750 TORREY VIEW CT, SAN DIEGO, CA 92130 888.876.4287
Sign: Sign:
Print: Print:
Title: Date: Title: Date:
27 Nov 13, 2024Date:CareFusion Use Only 2Page: 2/
Customer Initials:
Sold To: DIEDE CONSTRUCTION INC #10289949
Ship To: SANGER FIRE DEPARTMENT #10289899
GPO: NOT APPLICABLE
Customer Order
Product Schedule
1000275013Customer Order :
Support Level: Basic / Standard 24h
Support Term: 60 months
The fees stated in this Customer Order are offered by CareFusion for acceptance by the Customer for a period expiring on: 02/10/2025 New Products Purchase Terms Rental Terms Support Terms
Purchase Fees Monthly Rental Fees Monthly Support Fee
Proposed
Location Product ID Product Name Tr.
Type QTY List Net Extended List Net Extended List Net Extended 1145-00 MDBNK TWR MN,MEDBANK,9,
PREM NEW 1 $ 36,500.00 $ 36,500.00 $ 36,500.00 $ 0.00 $ 0.00 $ 0.00 $ 45.00 $ 45.00 $ 45.00 139077-01 BD Pyxis MedBank Facility
Concierge Imp
NEW 1 $ 2,875.00 $ 2,875.00 $ 2,875.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 139405-01 BD Pyxis MedBank Shipping Fee -
Large
NEW 1 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 139090-01 BD Pyxis MedBank Facility Software SWN 1 $ 0.00 $ 0.00 $ 0.00 $ 102.00 $ 102.00 $ 102.00 $ 0.00 $ 0.00 $ 0.00 139095-01 FACILITY DEVICE INTEGRATION SWN 1 $ 0.00 $ 0.00 $ 0.00 $ 68.00 $ 68.00 $ 68.00 $ 0.00 $ 0.00 $ 0.00 Totals: $ 40,475.00 $ 170.00 $ 45.00
Total Purchase Fees $ 40,475.00
Total Monthly Rental Fees $ 170.00
Total Monthly Support Fees $ 45.00
All fees mentioned are in USD
28 This Customer Order is not valid until executed by both Customer and CareFusion Solutions, LLC.
SALES ASSOCIATE:Liana Lohrbach
Email: [email protected]
Customer Order
Customer Order Date: 11/12/2024
Customer Order : 1000275013
Customer Information
Sold To: Ship To: Bill To
Legal Name: DIEDE CONSTRUCTION INC Same as (Circle) Sold To: Ship To:
DBA: DIEDE CONSTRUCTION INC SANGER FIRE DEPARTMENT
Street Address: 12393 N HIGHWAY 99 601 WEST AVE
City,St.,Zip: LODI, CA 95240-7269 SANGER, CA 93657
Customer No. 10289949 10289899
1. Customer Orders. Effective as of the date of both signatures below (“Effective Date”) this Customer Order is entered by and between CareFusion and Customer as separate and distinct agreements (combined for administrative convenience) for (i) the purchase or acquisition of the Products listed in the Product Schedule attached hereto and incorporated by this reference (each, a “Product” and, collectively, the “Products”); and (ii) Services applicable to the Products (collectively, the “Customer Orders”). The Customer Orders shall be governed by the latest Master Agreement and Schedule(s) applicable to the Products and Services and in effect between the Parties (“Master Agreement”). Notwithstanding the foregoing, if applicable to the Products hereunder, (a) a reference to “Master Agreement” will alternately refer to the latest Master Purchase Terms and Conditions, Master Rental Terms and Conditions or Master Support Terms and Conditions, and (b) Customer Order shall alternately mean “Purchase Agreement” , “Rental Agreement” or “Support Agreement”.
2. Configurations. Pricing set forth on the product schedules attached to these Customer Orders is based on the specific configuration, including type and quantities of drawers in the Products, as applicable. Any changes to the products or configurations may result in a change in pricing, subject to the applicable Group Purchasing Organization Agreement or other related pricing agreements between the Parties. Customer’s execution of the Equipment Confirmation form shall be confirmation of the Customer’s intended final configuration of the Products as Accepted.
Any one-time shipping, implementation or service fees listed on the Product Schedule attached hereto (“One-Time Fees”) will be invoiced on the first day of the month following the date the Agreement is signed by both Parties and shall be due and payable net 30 days from the date of the invoice.
Each person signing this document represents that he/she intends to and has the authority to bind his/her respective Party to the Purchase Customer Order and the separate Support Customer Order.
Copies of this Customer Order will be sent to Ship To signer listed above.
When complete, additional copies will be sent to the following address:
Name:
Street Address:
City,St.,Zip:
Will a Purchase Order be required for payment of the financial obligation proposed under this Customer Order?(Please Circle)
Yes No Purchase PO#:
Support PO#:
DIEDE CONSTRUCTION INC CAREFUSION SOLUTIONS, LLC
ATTN: CONTRACTS, 3750 TORREY VIEW CT, SAN DIEGO, CA 92130 888.876.4287
Sign: Sign:
Print: Print:
Title: Date: Title: Date:
29 Nov 13, 2024Date:CareFusion Use Only 2Page: 2/
Customer Initials:
Sold To: DIEDE CONSTRUCTION INC #10289949
Ship To: SANGER FIRE DEPARTMENT #10289899
GPO: NOT APPLICABLE
Customer Order
Product Schedule
1000275013Customer Order :
Support Level: Basic / Standard 24h
Support Term: 60 months
The fees stated in this Customer Order are offered by CareFusion for acceptance by the Customer for a period expiring on: 02/10/2025 New Products Purchase Terms Rental Terms Support Terms
Purchase Fees Monthly Rental Fees Monthly Support Fee
Proposed
Location Product ID Product Name Tr.
Type QTY List Net Extended List Net Extended List Net Extended 1145-00 MDBNK TWR MN,MEDBANK,9,
PREM NEW 1 $ 36,500.00 $ 36,500.00 $ 36,500.00 $ 0.00 $ 0.00 $ 0.00 $ 45.00 $ 45.00 $ 45.00 139077-01 BD Pyxis MedBank Facility
Concierge Imp
NEW 1 $ 2,875.00 $ 2,875.00 $ 2,875.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 139405-01 BD Pyxis MedBank Shipping Fee -
Large
NEW 1 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 139090-01 BD Pyxis MedBank Facility Software SWN 1 $ 0.00 $ 0.00 $ 0.00 $ 102.00 $ 102.00 $ 102.00 $ 0.00 $ 0.00 $ 0.00 139095-01 FACILITY DEVICE INTEGRATION SWN 1 $ 0.00 $ 0.00 $ 0.00 $ 68.00 $ 68.00 $ 68.00 $ 0.00 $ 0.00 $ 0.00 Totals: $ 40,475.00 $ 170.00 $ 45.00
Total Purchase Fees $ 40,475.00
Total Monthly Rental Fees $ 170.00
Total Monthly Support Fees $ 45.00
All fees mentioned are in USD
30 SANGD R
,rfr ,-
Fot the Meeting of; February 6,2025
Agenda Item No.: G-5
CrrYoF SINGER
Rtr,PORTTO THE. CITY COUNCIL
To:
From:
Subject:
Mayor and Councilmembers
Michelle Speer, Assistant City Manager / Administrative Services Director Approval of Resolution 2025-05, Amending the City's Fiscal Year 2024-2025 Position Allocation
Attachments: (1) Resolution No. 2025-05
(2) Position Allocation
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council consider and adopt Resolution No. 2025-05 amending the City's FY2025 position allocation. The amended personnel allocation includes the addition of one (1) Human Resources Analyst and the elimination of one (1) Human Resources Technician.
EXECUTIVE SUMMARY:
On January 16,2025, City Council adopted Resolution 2025-01, amending the City's position allocation to include positions that were approved in the Council adopted 2025 Amended Operating Budget. Upon review of Human Resources functions, staff is requesting the additional of one (1) Human Resources Analyst and the deletion of one (1) Human Resources Technician.
REASON FOR RECOMMENDATION:
The City of Sanger has undergone significant rcorganization in the past eleven months. The City Manager has been evaluating the function of the orgarttzation and has made several recommendations for the reorganization of departments and divisions. In August, a request was presented to City Council to rcorgatize the Human Resources Division due to the retirement of the previous Deputy Personnel Director Prepated by: Michelle Soeer Aooroved bv: Nathan Olson
REVIEW: Citv Manaser NCO Finance:
-MS-
City Attorney: -HCM-
TYPE OF ITEM:
-X_
Consent
Info Item
_X_ Action Item
Deoartment Reoort
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
31 I CiW Clerk. At the time of the reorgantzation, the City Manager requested the elimination of the previous Deputy Personnel Director position, and the addition of one (1) Human Resources Manager and one (l) Human Resources Analyst. The City Council approved a position allocation, allocating one (1) Human Resources Manager, one (1) Human Resources Analyst, and one (1) Human Resources Technician (existing position).
The Human Resources team has been evaluating the workload of the division and has determined that to best provide service to intemal and external partners, reclassifiiing the Human Resources Technician to a second Human Resources Management Analyst, would be in the best interest of the city operations. Staff has identified numerous deficiencies in internal operations that would be best addressed through a second Human Resources Analyst, allowing for the ability to better assign work between staff members, ensure legal compliance with all mandated trainings, assign staff members to specific tasks without risking job classification restrictions, provide for redundancy in the payroll process, provide for more robust recruitment practices and quicker timeframes, and allow more time for the Human Resources Manager to focus on policy/procedure issues, labor negotiations and risk management functions.
Although adding an analyst will increase expenditures, it will also assist in reducing liabilities. The addition of an analyst will ensure timely responses to claims and formal complaints, assist in developing training programs limiting the city's risk, and will afford the HR Manager more time for oversight of internal investigations and other significant personnel matters.
F'ISCAL IMPACT:
The costs associated with the request are approximately $60,000 for total salary and benefit assumptions.
The cost of the Human Resources division is allocated out to all departments and divisions, across all the funds, based on their proportionate share of the work performed.
COUNCIL OPTIONS:
The City Council may choose to deny the request to amend the position allocation, at which point the Human Resources division will seek to hire a Human Resources Technician.
ACTIONS FOLLOWING APPROVAL:
Upon approval, staff will move forward with recruitnent efforts. 32 RESOLUTION NO. 2025-05
A RESOLUTIION OF THE CITY COUNCIL OF THE CITY OF SANGER UPDATING THE CITY
CITY'S EMPLOYEE POSITION ALLOCATION LIST
WHEREAS, the City desires to add one Human Resources Analyst position and the elimination of one Human Resources Technician; and
WHEREAS, the Position Allocation List of employee positions needs to be updated.
NOW, THEREFORE, BE IT RESOIVED, that the City Council of the City of Sanger does hereby approve the updated Position Allocation list as set forth in Exhibit A attached hereto The foregoing Resolution was considered by the City Council of the City of Sanger at a special meeting of said Council held on the 6ft day of February 2025 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Corina Tamez, City Clerk
33 CITY OF SANGER
OPERATING BUDGET DETAIL ∙ FISCAL YEAR 2024-2025
POSITION TITLE 2023-2024 2024-2025
TOTAL FTE COUNT 141.00 6.50 147.00
CITY COUNCIL 5.50 - 5.00
MAYOR 1.00 1.00
COUNCIL MEMBER 4.00 4.00
EXECUTIVE ASSISTANT TO CITY MANAGER 0.50 (0.50) -
ADMINISTRATIVE SERVICES 12.00 (1.20) 10.80
FINANCE 6.00 (0.60) 5.40
ASSISTANT CITY MANAGER/ ADMINISTRATIVE SERVICES DIRECTOR 1.00 (0.60) 0.40 FINANCE MANAGER - 1.00 1.00
ADMINISTRATIVE ANALYST - 1.00 1.00
SENIOR ACCOUNTANT 1.00 (1.00) -
MANAGEMENT ANALYST 1.00 (1.00) -
ACCOUNTANT 1.00 1.00
ACCOUNT CLERK II 2.00 2.00
UTILITY BILLING 3.00 1.00 4.00
ACCOUNT CLERK II 1.00 2.00 3.00
ACCOUNT CLERK I 2.00 (2.00) -
(PT) ACCOUNT CLERK I 1.00 1.00
HUMAN RESOURCES 1.00 2.40 3.40
ASSISTANT CITY MANAGER/ ADMINISTRATIVE SERVICES DIRECTOR - 0.40 0.40 HUMAN RESOURCES MANAGER - 1.00 1.00
HUMAN RESOURCES ANALYST - 2.00 2.00
HR TECHNICIAN 1.00 0.00
CITY MANAGER 1.50 0.20 1.70
CITY MANAGER 1.00 1.00
ASSISTANT CITY MANAGER/ ADMINISTRATIVE SERVICES DIRECTOR - 0.20 0.20 CITY CLERK/EXECUTIVE ASSISTANT TO CITY MANAGER 0.50 0.50 CITY CLERK 0.50 - 0.50
CITY CLERK/EXECUTIVE ASSISTANT TO CITY MANAGER 0.50 0.50 COMMUNITY DEVELOPMENT 9.50 - 9.50
COMMUNITY DEVELOPMENT DIRECTOR 1.00 1.00
SENIOR PLANNER 1.00 1.00
BUILDING OFFICIAL 1.00 1.00
BUILDING INSPECTOR 1.00 1.00
PROGRAM TECHNICIAN 2.00 2.00
SENIOR CODE ENFORCEMENT OFFICER 1.00 1.00
CODE ENFORCEMENT OFFICER 1.00 1.00
(PT) BUILDING INSPECTOR (HOURLY) 0.50 0.50
(PT) CODE ENFORCEMENT OFFICER (HOURLY) 1.00 1.00
CHANGE IN FTE
(1.00)
34 CITY OF SANGER
OPERATING BUDGET DETAIL ∙ FISCAL YEAR 2024-2025
POSITION TITLE 2023-2024 2024-2025
CHANGE IN FTE
FIRE DEPARTMENT 38.00 (3.00) 35.00
FIRE CHIEF 1.00 1.00
FIRE CAPTAIN 3.00 3.00
COMMUNITY RISK REDUCTION OFFICER 1.00 1.00
FIRE LIEUTENANT 3.00 3.00
FIRE ENGINEER 3.00 3.00
FIREFIGHTER II 10.00 10.00
FIREFIGHTER I 5.00 1.00 6.00
NON-SAFETY EMT/ PARAMEDIC (HOURLY) 6.00 6.00
EXECUTIVE ASSISTANT - 1.00 1.00
ADMINISTRATIVE SECRETARY 1.00 (1.00) -
BILLING CLERK 1.00 1.00
POLICE DEPARTMENT 44.50 2.00 46.50
POLICE CHIEF 1.00 1.00
POLICE COMMANDER 2.00 2.00
POLICE SERGEANT 5.00 5.00
POLICE CORPORAL 4.00 4.00
POLICE OFFICER 26.00 1.00 27.00
POLICE RECORDS SUPERVISOR (SPOA) 1.00 1.00
COMMUNITY SERVICE OFFICER II 2.00 2.00
POLICE CADET - 1.00 1.00
ANIMAL CONTROL OFFICER 1.00 1.00
ADMINISTRATIVE ASSISTANT 1.00 1.00
RECORDS CLERK I 1.00 1.00
(PT) ANIMAL CONTROL OFFICER 0.50 0.50
PUBLIC WORKS 28.00 3.00 31.00
PUBLIC WORKS ADMINISTRATION 3.00 - 3.00
PUBLIC WORKS DIRECTOR 1.00 1.00
DEPUTY PUBLIC WORKS DIRECTOR 1.00 (1.00) -
MANAGEMENT ANALYST 1.00 1.00 2.00
STREETS 7.70 2.00 9.70
PUBLIC WORKS SUPERVISOR-STREETS,PARKS & FACILITIES 0.70 0.70 SR STREETS, PARKS, FACILITIES WORKER 3.00 3.00
STREETS, PKS & FAC WORKER II 1.00 2.00 3.00
STREETS, PKS & FAC WORKER I 2.00 2.00
GRAFFITI REMOVAL OPERATOR 1.00 1.00
PARKS 1.00 - 1.00
STREETS, PKS & FAC WORKER I 1.00 1.00
FACILITIES 2.30 - 2.30
PUBLIC WORKS SUPERVISOR-STREETS,PARKS & FACILITIES 0.30 0.30 SR STREETS, PARKS, FACILITIES WORKER 1.00 1.00
STREETS, PKS & FAC WORKER II 1.00 1.00
35 CITY OF SANGER
OPERATING BUDGET DETAIL ∙ FISCAL YEAR 2024-2025
POSITION TITLE 2023-2024 2024-2025
CHANGE IN FTE
WATER 4.00 1.00 5.00
WATER OPERATIONS MANAGER - 1.00 1.00
WATER OPERATOR II 1.00 1.00
WATER OPERATOR I 3.00 3.00
WASTEWATER 9.00 - 9.00
PLANT MANAGER-WASTEWATER 1.00 1.00
CHIEF OPERATOR 1.00 1.00
WASTEWATER OPERATOR III 2.00 (1.00) 1.00
WASTEWATER OPERATOR II - 1.00 1.00
WASTEWATER OPERATOR I/ENVIRONMENTALCOMPLIANCE INSPECTOR 1.00 1.00 WASTEWATER OPERATOR I 3.00 3.00
MECHANIC I 1.00 1.00
CFD 1.00 - 1.00
STREETS, PKS & FAC WORKER II 1.00 1.00
RECREATION 3.50 1.50 5.00
PARKS & RECREATION DIRECTOR - 1.00 1.00
RECREATION SUPERVISOR 1.00 1.00
SENIOR CITIZEN COORDINATOR 1.00 1.00
RECREATION SPECIALIST II - 1.00 1.00
RECREATION SPECIALIST I 1.00 (1.00) -
(PT) SENIOR CITIZEN COORDINATOR I (HOURLY) - 0.50 0.50 (PT) RECREATION SPECIALIST I (HOURLY) 0.50 0.50
36 RSA NCE
' ,",,i1"' -
For the Meeting of: February 6,2025
Agenda Item No.: G-6
CrrYoF SINGER
RE,PORTTO THE, CIry COUNCIL
To:
tr'rom:
Subject:
Mayor and Councilmembers
Michelle Speer, Assistant City Manager / Administrative Services Director Approval of Resolution2025-06, Updating Part Time Wages and approval ofjob descriptions.
Attachments: (1) Resolution No. 2025-06
(2) Job Descriptions
CONFLICT OF'INTEREST:
None known.
RECOMMENDATION:
That the City Council (i) consider and adopt Resolution No. 2025-06 Updating Hourly Wage Rates and Benefit Levels For Part-Time City Employees And Superseding Resolution Nos. 2017-02,4338, and 3868; and (ii) that the City Council consider and adopt the coinciding job descriptions for the part-time positions.
EXECUTIVE SUMMARY:
In 2017 , City Council approved a resolution that adopted wages and benefits for part time positions. A new resolution is required to update wages of current positions consistent with California Minimum Wage laws, update the ranges for part-time positions that start above minimum wage, and update part- time wages for classifications with corresponding full time wages that were increased in FY 2024.
While reviewing the wages, it was determined that many of the job descriptions needed to be updated as well to bring consistency and clarification to the requirements.
REASON F'OR RECOMMENDATION:
Prepared by: Michelle Speer Approved by: _Nathan Olson- REVIEW; City Manager: _NCO_ Finance: _MS_ City Attorney: _HCM_ TYPE OF ITEM:
_X_ Consent
Info Item
_X- Action Item
Deoartment Reoort
COUNCILACTION: APPROVED DENIED NOACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
37 In January 2025, Califomia minimum wage was increased to $16.50 an hour. In review of the 2017 resolution, staff found some inconsistencies with the current part-time staff roster, which require an amendment to the resolution to correct. The revisions allow all minimum wage staff to continue to be paid consistent with Califomia law, and allow certain positions to have a slightly higher wages, dependent upon the job requirements and experience. The job descriptions have been updated to reflect the job responsibilities and requirements.
It is also typical for agencies that have parttime positions of full time classifications to set the part-time wages consistent with the hourly rate of the full time salary ranges. The revision allows those hourly rates to be increased when the full time rates are approved by City Council as to prevent discrepancies in the hourly rates for positions of the same classification.
F'ISCAL IMPACT:
At this time, there is no fiscal impact as part-time wages are budgeted based on a total amount, and the hours are adjusted to work within the confines ofthe budget. If a revision to the budget is required to provide additional personnel or hours, additional requests will be brought to Council for approval.
COUNCIL OPTIONS:
The City Council may choose to deny the request to update the Resolution and/or the job descriptions and the City will continue to pay the part-time positions at their current rate or at the Califomia minimum wage rate of $16.50 as to not violate the law.
ACTIONS FOLLOWING APPROVAL:
Upon approval, staff will update any necessary wages and move forward with opening recruitments for part-time staff.
38 Attachment 1
39 RESOLUTION NO. 2025-06
ARESOLUTION OF'THE CITY OF SANGER UPDATING HOURLY WAGE RATES AND BENEF'IT LEVELS F'OR PART.TIME CITY EMPLOYEES AND SUPERSEDING RESOLUTION NOS. 2017-02,43380 AND 3868
WHEREAS, the salary and benefit levels paid and provided to most City employees are included in the Memoranda of Understanding between the City and the respective bargaining units; and
WHEREAS, part-time City employees are not included in any bargaining unit and their hourly wage rates and benefit levels are not part of any MOU; and WHEREAS, due to an adjustment in the California minimum wage rate and adjustments to all salary ranges in the City of Sanger, there is a need to update the hourly wage rates and benefit levels for part-time employees; and
WHEREAS, the pu{pose of this resolution is to update hourly wage rates and benefit levels forpart- time city employees and to repeal prior resolutions regarding same including Resolution Nos. 2017-02,4338, and 3868.
NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Sanger, State of California that the hourly wage rates and benefit levels ofpart-time employees shall be as follows:
Section 1. Classification. The Part-Time Employees ("Employees") consist ofthe following classifications, in addition to any part time position for a full time classification which already exists:
Classification Range
Assistant Boxing Coach
Lifeguard
Pool Cashier
Recreation Leader/Youth Sports Offi cial
Intern
Swim Instructor
Assistant Pool Manager
Clerical Aid
Facility Host
Head Boxing Coach
Lifeguard/Swim Instructor
Pool Manager
PT1
PT1
PT1
PT1
PT1
PT1
PT2
PT2
PT2
PT2
PT2
PT4
Section 2. Grant-funded Positions. The part-time employees hired under a grant program authorized by the City Council shall be paid in the amounts listed under Section 1 above, or in accordance with the terms and conditions set out in the applicable grant requirements. Nothing herein shall limit or supersede the conditions required by an applicable grant agreement even if said conditions contradict the conditions of the Resolution. Any hiring process or salary standards set 40 out in the applicable grant shall take precedence over this Resolution Section 3. Waqes. As the California minimum wage rate is adjusted, the same adjustment shall apply to classifications with a base range below the adjusted minimum wage rate.
Positions, whose ranges extend above minimum wage, shall be assigned to one of the following ranges as indicated by the table above:
Any part time position that has a corresponding salary range for a full time position, will be paid at the hourly rate consistent with the range established for the full-time position, at a step consistent with experience and assigned by Human Resources.
Section 4. CaIPERS Membershin. All part-time employees are required to meet CaIPERS eligibility and requirements for membership per the contract between the City and CaIPERS.
Section 5. Bilinsual Pay. Part-time positions that are required to interact frequently with members of the public are eligible for bilingual pay in the amount of 2.5Yo of their hourly pay. The positions eligible will be determined by Human Resources.
Bilingual pay shall be available only for employees who have passed an examination showing that they are fluent in speaking English and a secondary language of Spanish, Punjabi and/or Hmong language.
Employees who pass the examination shall receive bilingual pay effective the beginning of the pay period following notification of passing the exam, and not to exceed 2.5%.
Section 6. Effective Date. This resolution is effective XXXX and supersedes Resolution Nos. 2017-02,4338 and 3868.
Range
Number
Step I Step 2 Step 3 Step 4 Step 5
PT1 16.50 17.00 17.50 18.00 18.50
PT2 17.00 t7.50 18.00 18.s0 19.00
PT3 17.50 18.00 18.50 19.00 19.50
PT4 18.00 18.50 19.00 19.50 20.00
PT5 18.50 19.00 19.50 20.00 20.50
PT6 19.00 19.50 20.00 20.50 21.00
PT7 19.50 20.00 20.50 21.00 21.s0
PT8 20.00 20.50 21.00 21.50 22.00
PT9 20.50 21.00 2t.50 22.00 22.50
PTIO 21.00 21.50 22.00 22.s0 23.00
#*** *********:lc**+
41 I hereby certifu that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, Califomia, at a regular meeting held on the 6tr day February of 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Corina Tamez, City Clerk
42 Attachment 2
43 City of Sanger January 2025
Assistant Boxins Coach
Part-Time
DEFINITION
Under general supervision, the Assistant Boxing Coach assists the Boxing Coach in the training and instruction of youth and adults participating in the City of Sanger Boxing Program.
EXAMPLES OX'DUTIES
Essential iob _functions mqv include, but are not limited to the.following:
o Assist in the training and instruction of participants in basic boxing techniques to provide a quality competitive environment to train and motivate young athletes and adults in the sport of boxing.
o Instruct the boxing team participants on safe boxing techniques, and physical training regimens.
o Assist in coordinating boxing team practices and physical workouts. . May assist in taking registration and recording attendance. o Assist in setting up and taking down equipment and preparing the venue for activities and events.
o Maintains equipment and facilities in a clean and safe condition. o Assist,in conducting boxing classes for different age groups. o Assisl,.in,monitoring boxing activities during training and practices. . Recommend performances of program participants to instructor, explains ' techniques, and: assists with skill improvement.
o Monitor guests and program participants, enforces rules, regulations, behavior, and resolves issues.
o Promote a positive recreation environment and good personal behavior; explains to the public, community resource agencies, and othei organizations about program activities.
o Monitor activities-in the facilities for individuals who may need assistance or guidance.
o Administers first aid to the injured, and calls Emergency Medical Services (EMS) on serious accident cases.
o And other related work as required.
44 KNOWLEDGE, SKILLS AND ABILITIES:
o Knowledge of seasonal sports rules & ability to officiate fairly. o Ability to understand, explain, interpret, andlor enforce the rules and regulations of the sport.
o Ability to write legibly and speak clearly.
o Ability to solve problems encountered by coaches and participants. o Ability to work well with others.
LICENSES/CERTIFICATIONS
o Possess First Aid and CPR certificates within 90 days of appointment.
MINIMIIM OIIALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
. High School diploma or GED equivalent.
o Two years' experience in instructing boxing programs.
WORK ENVIRONMENT AND PHYSICAL DEMANDS
Ability to perform physical requirements including but not limited to running, jogging, walking, stooping and the ability to lift 25 pounds. 45 City of Sanger January 2025
LIFE GUARI)
PART-TIME
DEFINITION
Under general supervision, patrols the deck of the community swimming pool; enforces regulations; prevents accidents and effects rescues; sells snacks and beverages at the concession stand during recreational swimmingi and does other work as assigned.
EXAMPLE OF DUTIES
Essential iob.functions ma:t include, but are not limited to the.following:
o Maintains constant surveillance of patrons in the facility; acts immediately and appropriately to secure safety of patrons in the event of emergency.
o Provides emergency care and treatment as required until the arrival of emergency medical services.
o Presents professional appearance and attitude at all times and maintains a high standard of customer service.
o Performs various maintenance duties as directed to maintain a clean and safe facility. o Attend in-service training sessions and other meetings as required. o Assist in the inspection of the facility, equipment and supplies. o Assist in the opening and closing of the facility.
o Be alert for hazardous situations when guarding your area and report violations to the Pool Manager.
Ensure that all
Ensure that all healthy manner and that any play and
work areas are
o Perform other
o
a
Effective ...:superuslon and programs.
Oral and written communications skills.
CPR and emergency medical procedures.
Customer service standards and procedures.
Lifeguarding, surveillance, and rescue techniques.
Abilitv to:
o Communicate effectively with children and adults.
o Plan and carry out assigned activities.
o Understand and follow oral and written instructions.
r Be active, lift and/or carry equipment and supplies.
o Work in a leadership role with children and adults.
. Ability to prepare routine administrative paperwork.
o Work harmoniously with fellow employees and the public. o React calmly and effectively in emergencies.
o Pass pre-employment physical skills evaluation as stipulated by the department. 46 MINIMUM QUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifiing. A typical way to obtain the required qualifications would be:
Education:
Minimum Age
Certification:
Completion of 10th grade.
16 years
Prior to start of program employee must possess a valid:
o CPR Certificate
o First Aid Certificate issued by the American Red Cross or similar agency.
o American Red Cross Life Guarding Certificate, YMCA Life Guarding Certificate or other nationally recognized lifeguarding certification.
WORK ENVIRONMENT AND PHYSICAL DEMANDS
o Must remain in the pool area at all times.
o Must be able to remain alert with no lapses of consciousness in a warn environment with air temperatures of 80 degrees or higher and exposure to full sunlight. o Perform all physical aspects of the position, including walking, standing, bending, reaching, and lifting up to 50 pounds atatime in a warm pool environment.
Note: This position is a seasonal summer position. Work schedule will be flexible but may include weekends, evenings, and/or early mornings.
47 City of Sanger January 2025
POOL CASHIER
PART-TIME
DEFINITION
Under general supervision, possess a good attitude; mature judgment; be responsible and dependable; have the ability to work well with staff and the public; and must be able to process and record payment transaction accurately.
EXAMPLE OF'DUTIES
Essential-iob.functions may include, but are not limitedto the-following:
o Handle and record cash transactions; receive and give change correctly. o Presents professional appearance and attitude at all times and maintains a high standard of customer service.
o Performs various maintenance duties as directed to maintain a clean and safe facility. o Attend in-service training sessions and other meotings as required. o Assist in the opening and closing of the facility.
o Be alert for hazardous situations and report violations to the Pool Manager. o Perform other duties as assigned.
DESIRABLE OUALIF'ICATIONS
Knowledge of;
o Oral and wdtten communications skills.
o Customer service standards and procedures.
o Proper cash handling experience.
Communicate effectiVely with children and adults.
Abilitv to:
Understand and follow qral and written instructions.
Be active, lift,ar-rd/or carry' equipment and supplies.
Ability to prepare routine administrative paperwork.
Work harmoniously with fellow employees and the public.
Pass pre-employment physical skills evaluation as stipulated by the department. :i:: :
Any combination
abilities is qualifuing.
Education:
MinimumAge
Experience:
and e-xperience that would provide the required lcnowledge, skills, and 'A,typical wq) to obtain the required qualiJications would be:
Comple{ion of lOth grade
16 yeais ofage
Cashier experience desired
WORK ENVIRO NMENT AND PHYSICAL DEMANDS
a Perform all physical aspects of the position, including walking, standing, bending, reaching, and lifting up to 50 pounds at a time in a warm pool environment.
Note: This position is a seasonal summer position. Work schedule will be flexible but may include weekends, evenings, and/or early mornings.
48 City of Sanger Jamary 2025
RECREATION LEADER/YOUTH SPORTS OFFICIAL
PART-TIME
DEFINITION
Under general supervision of the Parks and Recreation Director or Recreation Supervisor, the Recreation LeaderiYouth Sports Official assists with developing, organizing, implementing, and leading a broad range of recreational activities and programs for all ages designed to meet the community needs and performs other related work. The position provides an opportunity to gain experience running recreation programs, communicating with parents, and serving as a role model for youth.
EXAMPLES OT'DUTIES
Essential iob functions may include, but are not limited to the followins:
o Promotes, develops, and maintains positive public relations between the department and the community with an emphasis on customer service.
o Keep score, officiate the players, and manage the coaches and spectators at assigned youth sporting events.
o Ensure that all needed game equipment and supplies are at the field before the start of each game.
o Ensure the field is free of hazards or debris and that the assigned field is ready for play. r Complete game reports and incident/accident reports.
o Assist with the facility set up prior to the game (tables, chairs, chalk /stripe) and break down afterwards.
. May be required to coach ateqm.
o Perform related work'asiequired.
KNOWLEDGE. SKILLS AND ABILITIES:
o The philosophy, principles, and theory of recreation. o Ability to:understand, explain, interpret, andlor enforce the rules and regulations of the sport to which they are officiating.
o Ability to write legibly and speak clearly.
o Ability to solve problems encountered by coaches and participants. o Ability to work well with others.
o Recreation hazards, effective safety regulations, precautions, and First Aid.
MINIMUM OUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifling. A typical way to obtain the required qualifications would be:
o At least 16 years of age.
o Experience as a high school player or college player and/or youth sports officiating is desired.
49 WORK ENVIRONMENT AND PHYSICAL DEMANDS
Ability to perform physical requirements including but not limited to running, jogging, walking, stooping and the ability to lift 25 pounds.
Able to work weekends and evening hours or on an "on-call" basis & in various weather conditions
O
50 City of Sanger January 2025
Intern
Part-time
DEFINITION
Under general supervision, an Intern performs a variety of routine to moderately difficult clerical, administrative or technical duties of a general and specialized nature in support of an assigned department, division andlor program. The Intem may assist with administrative, specialized, paraprofessional, or technical duties. Internships maybe offered in various departments and duties will be specific to the department or division assigned. Receives general supervision from a manager, or other departmental Supervisors and Managers. This position does not exercise supervision
EXAMPI,ES OF'DUTIES
Essential iob functions mav include. but are not limited to the followins:
o Performs a wide variety of tasks depending on the departmental assignment. These functions may encompass providing technical support, administrative responsibilities, or fieldwork, related to departmental operations or programs. o Assists the public over the phone or at the counter and provides information on departmental policies, procedures, and programs; responds to inquiries and complaints and refers as appropriate.
o Leams to research, analyze, evaluate, and assist with all local, State, and Federal laws, regulations, and ordinances.
r Assists with grants research and coordination.
o Provides projec! assistance, based on assigned department or division, by assisting with project deveiopment- tasks, internal pror.rr., and standardization, data collection and analysis.
o Provides day-to-day administrative and technical support to staff of assigned department. o Performs other related duties as assigned.
Safe work
Inventory principles
Proper use of English, spelling, Srommar, and punctuation Basic filing and recordkeeping principles
Modern office practices and procedures including business coffespondence, filing systems, and standard office equipment operation
Basic mathematical concepts
Customer service principles
Interpret and apply City and departmental policies and procedures Use computers and related software applications
File and type
KN
51 . Ability to plan, organize and coordinate workload
o Enter information into a database
o Maintain various records and files
o Communicate, interpersonal skills as applied to interaction with co-workers, supervisor and the public
o Be flexible with work assignments
MINIMUM OUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualffications would be:
EDUCATION
o Equivalent to the completion of the l2th grade
r Currently enrolled in a college or university and seeking a degree in Economics, Business or Public Administration, Engineering, Finance, or related field of assignment.
EXPERIENCE
o No experience is required, but an indicated interest and aptitude in those skills associated with the target employment and a willingness and ability to acquire the needed skills and academic standards through training and work experience is preferred.
PHYSICAL CHARACTERISTICS & WORKING CONDITIONS
o Position requires sitting, standing, walking, reaching, twisting, turning, kneeling, bending, grasping, and making repetitive hand movement in the performance of daily activities. Acute'hearingis required when providing phone and personal services. o Work is performed in a standard office environment. May be required to visit site location and facilities. Conditions will vary depending on assignment and may require occasional weekend:.ortvgning work.
52 City of Sanger January 2025
SWIM INSTRUCTOR
PART TIME
DEF'INITION
Swim Instructor is responsible for providing swimming instruction to people of all ages, following the City of Sanger guidelines. Swim Instructors will provide excellent customer service in a safe, enjoyable, and positive atmosphere that promotes member safety and satisfaction in accordance with the City of Sanger policies and procedures.
EXAMPLES OF DUTIES
Essential jobfunctions malt include, but are not limited to.the-following:
o Provide swimming instruction to students of various ages and ability levels. o Maintain constant supervision of students, watch for swimmers needing assistance, and aid swimmers when necessary to ensure a positive learning environment. o Attend in-service training sessions and other meetings as required. o Assist in the inspection of the facility, equipment and supplies. o Assist in the opening and closing of the facility.
o Be alert for hazardous situations when performing duties your area and report violations to the Pool Manager.
o Ensure that aIl pool patrons obey the facility rules. o Ensure that all activities'are conducted in a safe and healthful manner and that any play and work areas are clean,and free of all safety hazards.
o Perform other duties'as assigned.
practices.
ues of swim strokes
of activities and programs.
Oral and skills.
Patience and
guardians.
with all ages and levels of swimmers and their
o Demonstrated ability to'swim in shallow and deep water, and tread water. o Plan and carry out assigned activities.
o Understand and follow oral and written instructions.
r Be active,lift and/or carry equipment and supplies.
o Work in a leadership role with children and adults.
o Work harmoniously with fellow employees and the public. o Pass pre-employment physical skills evaluation as stipulated by the department. to
53 MINIMUM OUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Minimum Age
Certification:
Completion of 10th grade.
16 years
Prior to start of program employee must possess a valid:
o CPR Certificate
o First Aid Certificate issued by the American Red Cross or similar agency.
WORK ENVIRONMENT AND PHYSICAL DEMANDS
o Must remain in the pool area at all times.
o Must be able to remain alert with no lapses of consciousness in a wafin environment with air temperatures of 80 degrees or higher.
o Perform all physical aspects of the position, including walking, standing, bending, reaching, and lifting up to 50 pounds at atime in a warm pool environment.
Note: This position is a seasonal summer position. Work schedule will be flexible but may include weekends, evenings, andlor early mornings.
54 City of Sanger January 2025
Assistant Pool Manser
Part-Time
DEFINITION
Receives direction from the Recreation Director, Supervisor, and under the general supervision of the Pool Manager candidates selected for these positions will perform avariety of duties including but not limited to: organizing and conducting a well-balanced aquatic program at the Sanger City Pool, lifeguard during recreation swim hours, supervise pool deck, enforce regulations, supervise and schedule all pool personal, establish emergency procedures for the staff, assist with pool maintenance, attend staff meetings and service training programs, and perform other related duties as required.
EXAMPLE OF'DUTIES
Essential job.functions mal., include, but are not limited to the.following:
o Maintains constant surveillance of patrons in the facility; acts immediately and appropriately to secure safety of patrons in the event of emergency
o Provides emergency care and treatment as required until the anival of emergency medical services
e Supervise pool deck and ensure that all pool patrons obey the facility rules o Presents professional appearance and attitude at all times and maintains a high standard of customer service
Attend in-service training sessions and other meetings as required Assist in the inspection of,the facility, equipment and supplies Assist in the opening and closing of the facility
Be alert for hazardous situations when guarding your area and report violations to the Pool Manager
Ensure that all.activities"are conducted in a safe and healthy manner, and that any play and work areas are clean and free of all safety hazards
Assist with cleaning of bathrooms and concession stand area Perform other duties as.assigned
DESIRABLE OUALIF'ICATI9NS
Knowledge of:
o Basic child guidance principles and practices.
o Leadership te'o uiques.
o General techniques of the various swim strokes.
o Effective supervision of youth activities and programs. o Oral and written communications skills.
o CPR and emergency medical procedures.
. Lifeguarding, surveillance, and rescue techniques.
o Communicate effectively with children and adults.
o Plan and carry out assigned activities.
r Understand and follow oral and written instructions.
o
a
a
o
O
a
Abilitv to:
55 o Be active, lift and/or carry equipment and supplies. o Work in a leadership role with children and adults.
o Work harmoniously with fellow employees and the public.
MINIMUM OUALIFICATIONS
Any combination of training and experience that would provide the required lcnowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Minimum Age
Experience:
include wee.kendlE eyenings, and/or early mornings.
Certification:
WORK ENVIRONMENT AND PT TSICAL DEMAFIDS
o Must remain in the pool area at all times.
o Must be able to remain alert with no lapses of consciousness in a wann environment with air temperatures of 80 degrees or higher and exposure to full sunlight. o Perform all physical aspects of the position, including walking, standing, bending, reaching, and lifting up to 50 pounds at a.time in a warm pool environment.
Note: This position is a seasonal surnmer position. Work schedule will be flexible but may Completion of 10ft grade.
l6 years
At least 1 year of experience in lifeguarding or aquatic managerial positions.
Prior to start of program employee must possess a valid:
o CPR Certificate
o First Aid Certificate issued by the American Red Cross or similar agency.
o American Red Cross Lifeguarding Certificate, YMCA Life guarding Certifieate or other nationally reeognized lifeguarding certification.
56 City of Sanger January 2025
CLERI AID
PART.TIME
DEFINTION
Under close supervision to perform a wide variety of general clerical duties in an assigned department. Position will have public contact both in person and by telephone and will be responsible for general clerical duties which include filing" data entry, prepare and process documents, maintain, assemble files and/or distribute a variety of documents such as reports, correspondence, perrnits, applications, specifications and records and performs related duties as required.
EXAMPLES OF DUTIES
Essential iob functions mav includ.e but are not limited to the followins.
Respond to requests for information from the general public or other internal departments and employees.
Answer routine questions.
Direct visitors to appropriate locations.
Screen incoming calls, take and transmit messages.
Distribute mail.
Make photocopies.
Type, document scan, and file.
Type, enter data, or process routine documents and information. a
Compile data for routine reports.
May receive, sort, and distribute a variety of correspondence, records, and information to appropriate personnel and the public.
May process a variety'of forms and paperwork, using established procedures.
File documents alphabetically, numerically, or by other prescribed method.
May accept payment of fees/services.
May maintain and process cash records.
or level as required.
Knowledge of:
o Safe work practices.
o Inventory maintenanceprinciples.
. Spelling and grammar principles.
o Basic filing and recordkeeping principles.
o Modern office procedures.
o Basic mathematical concepts.
o Customer service principles
57 Skills:
o Use computers and related software applications.
o File and type.
o Provide customer service.
o Prioritize work.
o Perform multiple tasks simultaneously.
o Enter information into a database.
o Maintain various records and files.
o Interpersonal skills as applied to interaction with co-workers, supervisor, the public, etc.
MINIMIIM OII CATIONS
Any combination of training and experience that would provide the required lcnowledge, skills, and abilities is qualifuing. A typical way to obtain the required qualifications would be:
EDUCATION
o Equivalent to the completion of 12 grade.
One year of progressively responsible clerical experience or. Bi-lingual (English/Spanish) desired.
a Light, sedentary work - lifting, carrying or pulling up to approximately 25 pounds; noise level in the working environment is quiet to moderately noisy. 58 City of Sanger January 2025
FACILITIES HOST
Part-Time
DEF'INITION
Under the general supervision, the Facilities Host is responsible for the opening and closing of the Sanger Community Center and acts as a host to groups and individuals renting the Community Center. They are responsible for the general supervision of part- time staff, including but not limited to; planning and implementing recreational programs, staff meetings, planning and organizing trips, supervision of kids in an after school program.
JOB DUTIES
Essential.iob.functions may include, but are not limited to the -followins:
Work with part-time staff to plan, organize and implement daily and weekly recreation activities for children in a wide variety of program areas.
Ensure all daily and weekly reports are completed and turned in on time.
Supervise and lead daily and weekly recreation activities such as arts and crafts, games, natute, etc.
Ensure all,activities are,conducted in a safe and healthy manner.
Ensure the site is left clean and ready for the next day's activities.
Evaluate programs.
a
a
a
o
a
o
a
a
o
for
duties as required.
....
KNOWLEDGP. SKILLS. AND ABILITIES
o Promote$ develops, and maintains positive public relations between the department and the community with an emphasis on customer service. o Maintain cooperative working relationships with the recreation staff, public works staff, and fire and police departments.
o Think quickly and make decisions in unexpected situations. o Work responsibly without direct supervision.
o Must be able to write legibly and speak clearly and understandability. o Must be able to follow directions; understand rules and interpret them to others. o Possess knowledge of techniques and methods of planning recreation activities for children.
o Ability to plan, organize and lead activities for children. 59 MINIMUM OUALIF'ICATIONS
Any combination of training and experience that would provide the required lwtowledge, skills, and abilities is qualifuing. A typical way to obtain the required qualifications would be:
o Must be at least 18 years of age.
o Must have the ability to obtain a CPR and First Aid card upon employment. o The equivalent of the completion of the l2th grade.
o At least one year of experience working with public in a recreation related field.
WORK ENVIRONMENT AND PHYSICAL DEMANDS
o Candidates must be able to work weekends and evening hours on an on-call basis. o Perform all physical aspects of the position, including walking, standing, bending, reaching, and lifting up to 50 pounds at a time.
60 City of Sanger January 2025
Boxins Coach
Part-Time
DEF'INITION
Under general supervision of the Recreation Supervisor, the Boxing Coach is responsible in the training and instruction of youth and adults participating in the City of Sanger Boxing Program.
EXAMPLES OF DUTIES
Essential job functions may include, but are not limited to the following:
o Assist in the training and instruction of participants in basic boxing techniques to provide a quality competitive environment to train and motivate young athletes and adults in the sport of boxing.
o Instruct the boxing team participants on safe boxing techniques, and physical training regimens.
o Assist in coordinating boxing team practices and physical workouts. . May assist in taking registration and recording attendance. o Assist in setting up and taking down equipment and preparing the venue for activities and events.
Maintains and facilities in a clean and safe condition.O a
o
o
a
a
a
a
o
Assist in
Assist in toring
techniques, skill improvement.
'participants and enforces rules, regulations, behavior recrealion environment and good personal behavior; explains to the public, community resonrce agencies, and other orgarizations about program activities.
Monitor activities in the facilities for individuals who may need assistance or guidance.
Administers first aid'to the injured, and calls Emergency Medical Services (EMS) on serious accident cases.
Other related work as required.
KNOWLEDGE. SKILL. AND ABILITIES
o Knowledge of seasonal sports rules & ability to officiate fairly. o Ability to understand, explain, interpret, and/or enforce the rules and regulations of the sport.
o Ability to write legibly and speak clearly.
o Ability to solve problems encountered by coaches and participants. o Ability to work well with others.
61 MINIMUM OUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualffications would be:
EDUCATION
o High School diploma or GED equivalent.
EXPERIENCE
o Two years' experience in instructing boxing programs.
LICENSES/CERTIFICATIONS
o Possess First Aid and CPR certificates within 90 days of appointment.
WORK ENVIRONMENT AND PHYSICAL DEMANDS
o Running, jogging, walking, stooping and the ability to lift 25 pounds. 62 a
a
a
a
a
a
City of Sanger Ianuary 2025
LIFE GUARD/SWIM INSTRUCTOR
PART-TIME
DEF'INITION
Under general supervision, patrols the deck of the community swimming pool; enforces regulations; prevents accidents and effects rescues; sells snacks and beverages atthe concession stand during recreational swimming; and does other work as assigned. Responsible for providing swimming instruction to people of all ages, following the City of Sanger guidelines. Provide excellent customer service in a safe, enjoyable, and positive atmosphere that promotes member safety and satisfaction in accordance with the City of Sanger policies and procedures.
EXAMPLE OF DUTIES
Essential iob -functions malt include, but are not limited to the.followinq:
r Maintains constant surveillance of patrons/students in the facility; acts immediately and appropriately to secure safety of patrons in the event of emergency. o Presents professional appearance and attitude at all times and maintains a high standard of customer service.
o Provides emergency care and treatment as required until the arrival of emergency medical services.
Provide swimming instruction to students of various ages and ability levels.
Aid swimmers when necessary to ensure a positive learning environment.
Attend in-service training sessions and other meetings as required.
Assist in the inspection of the facility, equipment and supplies.
Assist in the opening and closing of the facility.
Be alert for hazardous situations when guarding your area and report violations to the Pool Manager.
Ensure that all pool patrons obey the facility rules.
Ensure that all are oonducted in a safe and healthful manner and that any play and work,areas are free ofall safety hazards.
other duties
l
o Effective supervision of youth activities and programs. o CPR and emergency medical procedures.
o Skilled in fuadication of lifeguarding, surveillance, and rescue techniques. o Basic child guidance principles and practices.
o Leadership techniques.
o General techniques of the various swim strokes.
o Effective supervision of youth activities and programs. o Oral and written communications skills.
o Communicate effectively with children and adults.
o Plan and carry out assigned activities.
o Demonstrated ability to swim in shallow and deep water, and tread water o Plan and carry out assigned activities.
o Understand and follow oral and written instructions.
Perform
':'
a
o
a
D
activities
clean,and
Abilitlz to:
63 o Be active, lift and/or carry equipment and supplies. o Work in a leadership role with children and adults.
o Work harmoniously with fellow employees and the public. o React calmly and effectively in emergencies.
o Pass pre-employment physical skills evaluation as stipulated by the department.
MINIMUM OUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifuing. A typical way to obtain the required qualffications would be:
Education:
Minimum Age
Certification:
Completion of 10th grade.
16 years
Prior to start of program employee must possess a valid:
o CPR Certificate
o First Aid Certificate issued by the American Red Cross or similar agency.
o American Red Cross Life Guarding Certificate, YMCA Life Guarding Certificate or other nationally recognized lifeguarding certification.
WORK ENVIRONMENT AND PITYSICAL DEMANDS
o Must remain in the pool area at all times.
o Must be able to remain alert with no lapses of consciousness in a wann environment with air temperatures of 80 degrees or higher.
o Perform all physicd.aspects ofthe position, including walking, standing, bending, reaching, and lifting up to 50 pounds at a time in a warm pool environment.
Note: This position is a seaso-nal:summer position. Work schedule will be flexible but may include weekends, evenings, andlor early mornings.
64 City of Sanger Janaary 2025
POOL MANAGER
Part-Time
DEF'INITION
Receives direction from the Recreation Director, Supervisor, and provides general supervision of the Pool staff, candidates selected for these positions will perform a variety of duties including but not limited to:
organizing and conducting a well-balanced aquatic program at the Sanger City Pool, lifeguard during recreation swim hours, supervise pool deck, enforce regulations, supervise and schedule all pool personal, establish emergency procedures for the staff, assist with pool maintenance, attend staff meetings and service training programs, and perform other related duties as required.
EXAMPI,E OF DUTIES
Foooutinl inl {o nc mnat iualtttJo httt are not li- fn tho {nllnvti-n o Maintains constant surveillance of patrons in the facility; acts immediately and appropriately to secure safety of patrons in the event of emergency
r Provides emergency care and treatment as required untit the anival of emergency medical services
o Supervise pool deck and ensure that all pool patrons obey the facility rules o Presents professional appearance and attitude at all times and maintains a high standard of customer service
o Attend in-service training sessions and other meetings as required o Assist in the inspection of the facility, equipment and supplies o Assist in the opening and closing of the facility
o Be alert for hazardous situations when guarding your area and report violations to the Pool Manager
o Ensure thaLall,..activities are conducted in a safe and healthy manner, and that any play and work areas are clean and free of all safety hazards
o Assist with cleaning of bathrooms and concession stand area o Perform other duties as assigned
pE STRABLR OUALTF'rCATioNS
o Basic child guidance principles and practices.
o Leadershiptechniques.
o General techniques of the various swim strokes.
o Effective supervision of youth activities and programs. o Oral and written communications skills.
o CPR and emergency medical procedures.
o Lifeguarding, surveillance, and rescue techniques.
o Communicate effectively with children and adults.
o Plan and carry out assigned activities.
o Understand and follow oral and written instructions.
o Be active, lift and/or carry equipment and supplies.
o Work in a leadership role with children and adults.
o Work harmoniously with fellow employees and the public. 65 MINIMIIM OI] TIONS
Any combination of training and experience that would provide the required lrnowledge, shills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
MinimumAge.
Experience:
Certification:
Possession of a high school diploma or equivalent.
I 8 years
At least 3 years experience in lifeguarding or aquatic managerial position Prior to start of program employee must possess a valid:
lifeguardin g certifi cate
WORK ENVIRONMENT AND PHYSICAL DEMANDS
o Must remain in the pool area at all times.
o Must be able to remain alert with no lapses of consciousness in a wann environment with air temperatures of 80 degrees or higher and exposure to full sunlight. r Perform all physical aspects of the position, including walking, standing, bending, reaching, and lifting up to 50 pounds at a time in a warm pool environment.
Note: This position is a seasonal summer position. Work schedule will be flexible but may include weekends, evenings, and/or early mornings.
66 Prepared by: _Michelle Speer _ Approved by: _Nathan Olson______________________ REVIEW: City Manager: _NCO_____ Finance: ___MS____ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION __X__ Consent
____ Info Item
_X__ Action Item
__ _ Department Report
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: February 6, 2025
Agenda Item No.: G-7
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: Michelle Speer, Assistant City Manager / Administrative Services Director Subject: Contract with Liebert Cassidy Whitmore for Special Legal Services Atta
chments: (1) Agreement
CONF
LICT OF INTEREST:
None
known.
EXE
CUTIVE SUMMARY:
The City of Sanger and Liebert Cassidy Whitmore (LCW) have had a contract for special legal services related to employment relations matters. The previous contract with LCW expired on June 30, 2024.
Staff is seeking to approve a revised agreement with LCW through June 30, 2026.
RECO
MMENDATION:
Tha
t City Council authorize the agreement between the City of Sanger and Liebert Cassidy Whitmore for special legal services and authorize the City Manager to execute all related documentation.
REAS
ON FOR RECOMMENDATION:
The
City of Sanger has had a long- standing relationship with LCW for employment relations services, including labor negotiations, administrative court proceedings, and general legal services for employment matters. LCW is a well-known and trusted employment law firm and provides invaluable to support to the City.
FI
SCAL IMPACT:
The
city appropriates funding for legal services as part of the annual adopted budget. The total cost of legal services is unknown, as the matters addressed throughout the year are often unplanned. Any increased need 67 in appropriations will be presented to city council for approval, as necessary.
COUNCIL OPTIONS:
City Council may choose to deny the agreement with LCW. Denial of the agreement would result in the need to find another provider for labor negotiations and delay process for employment matters.
ACTIONS FOLLOWING APPROVAL:
Upon approval, the City Manager will execute the agreement.
68 1
12670238.1 LC001-009
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF SANGER, A Municipal Corporation (“City”).
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement.
2. Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time.
The current range of hourly rates for Attorney time is from Two Hundred Seventy to Four Hundred Fifty Dollars ($270.00 - $450.00). See Schedule I for a full Fee Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of one- tenth of an hour.
69 2
12670238.1 LC001-009
For Litigation Matters
See Schedule II attached for a description of Attorney’s Litigation and E- Discovery Management.
Other Expenses
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page. See Schedule I attached.
Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice.
4. Artificial Intelligence
Attorney policy permits attorneys to utilize generative artificial intelligence (“AI”) tools, e.g. Lexis+ AI, in the performance of their work, but only in compliance with the firm’s Use of Artificial Intelligence Tools policy. Attorneys may use AI tools to assist in researching and preparing initial drafts. Attorneys may not use AI work product without applying their own independent legal judgment. They may not disclose confidential information to unsecure AI tools, and carefully check all AI-generated results for both accuracy and bias
5. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage.
70 3
12670238.1 LC001-009
6. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.
If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney’s fees and costs.
7. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for the matter to City, along with any funds or property of City’s in our possession. If City 71 4
12670238.1 LC001-009
requests the file for the matter, Attorney will retain a copy of the file at the City’s expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file.
8. Assignment
This Agreement is not assignable without the written consent of City.
9. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City.
10. Authority
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto.
11. Term
This Agreement is effective July 1, 2024 through July 1, 2026 and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice.
72 5
12670238.1 LC001-009
LIEBERT CASSIDY WHITMORE, CITY OF SANGER
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________
Name: ______________________ Name: ______________________
Title: _______________________ Title: _______________________
Date: _______________________ Date: ______________________
73 6
12670238.1 LC001-009
SCHEDULE I – FEES & COSTS
1. Hourly Rates (As of Agreement Effective Date)
Partners $450.00
Senior Counsel $375.00
Associates $270.00 - $355.00
Labor Relations/HR Consultant $290.00
Classification & Compensation Consultant $210.00
Paralegals $150.00
E- Discovery Specialists $175.00
Law Clerks $150.00 - $185.00
2. COSTS
1. Photocopies $0.15 per copy
74 7
12670238.1 LC001-009
SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incurring the charges.
Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today’s complex litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attorneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-art data processing and hosting services at below-market rates.
75 For the Meeting of; February 6,2025
A.genda Item No.: G-8
CrrYoF SINGER
RE.PORTTO THE CITY COUNCIL
To:
From:
Subject:
Mayor and Councilmembers
Michelle Speer, Assistant City Manager/ Administrative Services Director Adoption of Resolution 2025-07 approving a Budget Amendment Increasing Expenditures for the Contract with MGT Consulting for Full Cost Allocation Plan, Comprehensive Fee Study, and Development Impact Fee Study.
Attachments: (1) Budget Amendment Form
(2) Agreement
(3) Resolution2025-07
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends City Council approve Resolution 2025-07, amending the City's FY 2025 operating budget to increase appropriations for the approved agreement with MGT Consulting for the Cost Allocation Plan, Comprehensive Fee Study and Development Impact Fee Study within the Fiscal Year 2025 operating budget.
EXECUTIVE SUMMARY:
On April 4,2024, City Council approved consultant agreement with MGT Consulting and authorized the City Manager to sign the agreement. The budget was previously appropriated in Fiscal Year 2023- 2024; however, it was not utilized within that fiscal year, nor was it included in the current fiscal year.
Prepared bv: Leica \ff/ahl Aooroved bv: Michelle Soeer
REVIEW: City Manager: NCO Finance: MS Citv Attornev: HCM TYPE OF ITEM:
-X_
Consent
Info Item
X Action Item
Deoartment Reoott
COUNCILACTION: APPROVED DENIED NOACTION
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
76 BACKGROUND:
As approved on April 4,2024, the City executed an agreement with MGT consulting services to update the City's master fee schedule by conducting a Comprehensive fee and Development Impact Fee studies and developing a cost allocation plan. At the time of the contract award,the appropriations were included in the FY 2024 budget. However, during the budget development for FY 2025 the appropriations for the contract were inadvertently omitted. Work associated with the contract has already begun, and appropriations must be included in the FY 2025 budget so that invoices can be appropriately paid.
REASON FOR RECOMMENDATION:
Amending the budget to include this allocation in the current Fiscal Year 2024-2025 budget ensures that funds are available to pay for services rendered, thereby fulfilling the City's financial commitrnents.
Approving the amendment streamlines financial management and maintains consistency in budgetary appropriations.
F'ISCAL IMPACT:
Increase appropriations in account 712-020-10I-6290 by $160,000 from the general fund balance.
ALTERNATIVES:
None.
ACTIONS F'OLLOWING APPROVAL:
Staff will increase appropriations in the amount of $160,000 upon City Council approval. 77 Attachment 1
78 City of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Council
Finance Use Only
Budget Acljustnent
Number:
Resolution Number:
Dato:
Fiscal Year:
2026-
Febtuatu 6 2025
FY2+2025
for estimats:
Pfoonm Name
Fund
No.
Dept.
No.
Program
No.
obJect
No-
Approprlatlon
AmoInf
sVCS.PT<OFESSIONAL SERVICES 112 D2(l 101 6290 U lOU,UUU.UU fotal Reouested ADoroodatlon: s 1AO nOO nO
:unent FY AooroDrlatlons: s 838 104 00
qdiusted Total ADoroorialion: $ 998.104.00
Estimated
Fund Name Proqram Name
Fund
No.
Dept,
No-
Program
No,
uDJect
No.
ESt. Revenue
Amount
fotal Estimated Additional Revenue: $
:unent FY Estlmafe.l Revenrrce:
ldlusied Toiel Eetinated Revenila: $
Endorsed by: Date:
Name, Deslgnalion and Signaturc
Reviewed by: Leica Waht, Administrative Analyst Date:
Finance Department Staff
Michelle Speer
MGTforBudget services thefor AllocationFulFCostconsulting Plan, Fee and Fee to beComprehensive Study Development lmpaci study tn Fis€lthe 24-2025Year budget.operational
ncmtnistrativC Sffitream
Oate:
79 Attachmerrt,2
80 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANGER
AND MGT OF AMERICA CONS{TLTING, LLC
THIS AGREEMEN'I _is made o" JgE"L*-L, 2a24, by and between the cITy oF IANGER, a municipal coqporation of tlG State of d-afifomia, C'City') and MGT of America Consulting, LLC ("Consultanf ).
RECITALS
A. The City is in need of consultant services in connection with development of a Cost Allocation Plan, Updatcd User Fees, and Updated Impact Fees and issued a Requist for Proposal for same.
B. Consultant submitted a proposal dated Februar-1y 20,2024, and represents and wa$ants that it has the experienoe and qualifications to provide services under this Agreement.
C. After review and consideration, City desires to enter a conbact with Consultant to provide said services.
AGREEMENT
NOW, THEREFORE, the parties incorporate the foregoing recitals and agree as follows:
1. Service-s. Consultant agrees to perform the services herein set forth at the compensation and upon the terms and conditions herein expressed, and Consultant hereby aglees to perform such sen'ices for said compensation, and upon said torms and oonditions, City hereby authorizes Consultant to conunence work on _ Mav i5 _ , 2O24,It shall be the duty, gbligation and rcsponsibility of the Consultant, in a skilled and professional manner, to perfonn the services in accordance with EXIIIBIT A titled Full Cost Alloiation, Plan, Comprehensive Fee Study, and Development Impact Fee Study Proposal (the "Proposal') attaolr-ed hereto and incorporated by reference.
2, Co{npgusa-tion.
A. Payment. Consultant shall providc monthly invoices 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 eacb invoice unless the City notifies the Consultant that a dispute as to the invoice exists. Compensation for this Agreement shall not exceed One-Hundred and Fifty-Nine Thousand U.S. Dollars C'$159,000'). The details as to the cost for cach aspect of the engagement are inoluded as part of EXIIIBIT A.
B. Payment Liniled to Satisfacto.ry Ssrvicgs. Payments to Consultant by City shall not exouse Consultant from its obligation to replace unsatisfactory deliverables, including equipment, components, materials, or services even if the unsatisfactory oharacter of such deliverables, equipment, components, materials, or Sewices may not have been apparent or detected at the time such payment was made. Deliverables, equipment, components, materialso and Page I of6
81 services that do not conform to the requirements ofthis Agreement may be rejected by City and insuch oase must be replaced by Consultant without detay aI no cost to tfre City. c' - -. Withhold Pqyments, If Consultant fails to provide Services in accordancewith Congultant's obligation under-this Agreernent, the City may withhold any anO att payments due to Consultant *1ll:"q!.ailure to perlorm is cured, ano consultant shalr nJstop work as aresult of the city's wittrholding ofpayrnents as provided herein.
D. -Apdit and,lnqlection of ltecor'ds. Consultant agr€es to maintain and makeavailableto the !ity' dydngregult@ uoots and accounting records relatingto its Sprvices. Consyttant will pormit ciW to rydit,9*amine, ano mate "*cetp6-*a ttanr.riptifrom such books and records, and to make audits of *lt inuoiros, materiale, payrolls, rccords orpersonnol and other data related to all other matters covered by tiris egtrc"tJnt, wtrettrer fundedin whole or in part under this Agreement. Any information reviewea and/or copied during an auditshall be treatsd as confidentiatand shall noi be subjecito ,ir*, unless required by the public Records Act. Consultant shall maintain such data and records in an accessible location andcondition^for-a Perioc of not fewer than thryf ,(3) years after final payment *d; thir Agreementor until after finnl audit has been resolved, whioirever is lorer. The Siate of California or any Federalagelcy having an interest ilthe subject matter 9f this Agreement shall have the same rights asconferredupo" qtty by this Section. bonsultant shall inclide the same audit and inspection rightsand record retention requirements in all subcontracts.
3. Effective-Dale and Terqr of Acreement. The term of this Agreement shallcommence on the Effective Date and will coniinue for a period of (l) year or *tij ierminated inaccordance with this Agreement, Consultant is acting as an indepen&ent contractor and not ar an employee of'the City. Consultantacknowledges and agrees that at all times, Consultant or any agent oi employee of Consultant shallbe deemed at all timer to be an independent contractor ani ir wholly 6p6;bL fot the mannerin whlch it pedorms ths services and work reque,sted uy City under this hgrrurunt. Consultant,its agents,and omployees will not represent orhold themsehls out to br r*pl"y*r ortn, City atany time' Consultant or any. agcnt oiemployee of Consuttant shall not haveil;royru rutor *irr,Citv' not be entitled fo.
participate in any piTr, rrr*gutountr, or distibutions f;y-fity pertainingto or in connection with any retirement, trJatttr or otheibenefits ttrat city may;fl6,til6p1"y.;;:Consultant or 9I agent or employee of Consultant is Iiabls for the acts'and omissions of itsetf, itsemployeos, and its agents. Conzultant shall be responsibii ior all obligations and payments, yl:S:lyposed bv federal, statg or looal laws, incriuoing, bui not limiteib, FICA, income raxwithholdings, unemployment compensation, insurance, ano oner similar trrpo*iUiiities relatedto coryt]ltflt's performing services and w9rk, or any agent or r-ptoy.r of ionsultant providingsame' Nothing in thi_s.Agreemeirt shall be .oortrreias croating;;rp6y*;or agency ryfationclip between gity and Consultant oI any agent or employee of Consultant. Any terms inthis Agreement rcfering to direction from city -rrruir
u" .onrfiiri as prwiding f"; dit*ti"n as toqolt9 Td the result of Consultant's work only, and not rt il;; *eans uy wfictr such a result isobtained. City doos nol.rolain tho right to control the means or the method uv *r,i"rt consultantperforms work under this Agreemenf
82 5. lnsurance and lndernnity.
5.1.. lldemnincadon8 . Consultantshallindemnify,defcnd,andhold harmless the City,.its officcrs,_employeei, ugrnt, *d volunteers ("City indemnitees,), from and SgTn* any and all causes of action, claiis, liabilitics, obligaiions, .iuoeprrnt , oi damages,including reasonable legal counsels' fees- and costs or dtilaui'n (.cftil"j, ;ruiting from theCon-sultanfs performance of its obligations rurder this igreement or out of the operationscolducted by Consultant, except for such loss or damage arisiig from the soleneliijence or wiltfulmisconduct of the City. In theivent the City indemnites *e fraa" a party to an'yicuon, lawsuit,or other adversarial ptoceeding resulting from Consultant's performance ortnis agreem€nt, theconsultant shall provide a defense to thJ City indemnitees, oi at the City's option, ieimburse theCity indemnitees their costs of defense, inotuaing reasonable legal counsel's; f;, incuned indefense of such olaims.
5.2. l!$urancg. During lhe tenn of this Agreement, Consultant shall maintain, feep in force and pg {lpl€mr-ums_r€quired to maintain *i r,rcp in rotr"iiutility and property damage insuratrce. The limits 9f guch poliey shall bc
^ t quitrd Uy ttre City oisanler. A copy ofthe City's requirtments for such insurancs ioverage is attachcd hereto as EXIIIBIT B.
6. Termination,
6.1 This Agreement may be terminated at any timc by eitherparty upon thirty f0) oalcndar days witten notice. In the event the Agreement is t€;minatei ry rittt.t purilr,Consultant shall be compensated for services performed-to trtr date oftermination 6area up6n Ui,compensation rates and subject to the maximum amounts payable agreed to together with suchadditional services performed after termination which ai autrrorizeo in urritirrg by the Cityropresentative to wind up the workperformed to date oftermination 6'2 Cjty may immediately suspend or terminatc this Agreement in whole or inpart by rrrryitten notice where, if in tho dotermination orcity, urere is:
?, An illegal use of firnds by Consultant;
b' { failure by consultant to oomply with any material term of this Agreement;
In no event s-hall anypaymqnt by City or acceptance by Consultant constitute a waiver by suchparty 9f any breach of this Agrcimeni or any default *trlrtr may oen *iet on irt purt of eitherparty' Neither shall suoh p-a{mgnt impair orirejudice *y *-ray available to either party withrespect to such bo"oh..ot defautt. City shall trave ttre right to demana of Consultant the repaymentto City of any funds disbursed to Consultant under trrii agreement which, as detsrminfiitil;appopriate court or arbihator, wcre not expended in apcordinoe *ittr tttr terms of this Aguemcnt.
AII notices shall be mailed to the City:
City of Sanger
Public Works
1700 7m Sh€et
Sanger, CA93657
83 To Consultant:
MGT ofAmerica Consulting, LLC
4320 West Kennedy BIvd.
T*pa, Florida 33609
7. Cornpliance with Laws.
7.1 Laws. hgorgorated bv Reference. Consultant will comply with allapplicable federal, state, and local laws in pirforming this Agreement. The full text of the taws listed in this Section, including enforcemeni and penJty proviiions, are incorporated by reference i1!o this Agreement. Cglqultant represents ana warrants to the City that it ias 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 naturc w[ich are legally *qoit a to perfoim Consultant' s servicrs.
7.2 , Co4flict of lnterest. By executing this Ageement, Consultant certifies thatit does not know of any fact which conitituies a vioht]on of fitb 9, chapter 7 of the CaliforniaGovcnurcnt Code (Scction 87100 et seq.), or Title l, Division 4, Chapter l, Article 4 of theCalifornia Government Code (Section 109d et seq.), aod fintlt"r agrees prompty to notify the Cityif it becomes all'ar€ of any such fapt during the ter; ofilris Agreement.
7.3 Ploprietarv lnformation. In the performance of Services, Service provider may have access to City's proprieary oiconfidential information, the disclosure of which to thirdparties lay dga8e City. If City diicloses proprietary or confidential information to Consultant, such information must !e held by Consuliani in confidence and used only in performing thiAgreement. Consultant shall exercise the same standard of care to proteot such infornration as areasonably prudent Consultant would use to protect its own proprietary or confidential information.
7.4 NQndjsprinri-nation ltequirernents. Consultant shall comply with all state and federal laws in the adminisfaUon of this &ffi6i.
7 ,5 A lcohol and Drug:Fre.e lVer kplace. City reserves the right to deny access to,or require Consultant to remove fiom, City faoitities personnet of any Consuliant or gubcontnctor w!9 City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activitywhich in any-Yay impairs City's {ility to maintain-saie work faoilities or to proteitthe health andwell-being ofCity ernployeesand tho general public. City shalf Lve the right of final approval for S"..}ry-g.t rtentry of-a1r suoh pciton previously dinied acoess to, or removed tom, Cityfaailities.Ill"gd.aryg activity meanripossesiing_, firmishint, sr[ing, offering, purchasing, using orbeing under the influence of illegal drugs or ollier controfira rrurl*"g ni-*tirtt the individual lapks a.valid prescription. Alcohot abusi means possessing, fumishing, selling, otr ring, or usingalcoholic beveragas, or being under the influence of alcohii, 7-6 $u-blic,Reoqds Acl. Contractor acknowledges that this Agreement and allttoords related to its formatioa contaCtor's performanse of sofoices, and ci6', palmrent areeubject to the California Public Records Act, (ialifomia Government iode g6250 ei seq.;. Suctrrecords Te sybject to public lnspeotion and cojrying unless *""rpt fiom disctruo, *der federal,state, or local law. page 4 of6
84 8. GENEITAI., PROVISIONS.
8.1 Notices. All notices and communications from the Consultant shall be to fultic Works operations Manager. All written notices shall be provided aud addressed as indicated above.
8.2 Assiqnment. Neither ttre City nor the Consultant will assign its interest inthis Agreement without the written consent of the other.
8.3 Eutire Agreernent. This contract sets forth the entire Agreement between the partigq an{ supersedos all other oial or witten provisions. Any changes io this Agreementrgluested by either City or Consultant may only be affected if mutually agrled upon in niiUng Uvduly authorized representatives of the partios-hereto. This Agreement s'[ra[ noi be modified or amended or any rights of a party to it waived except by such ait riting.
8.4 - Attorngy's Fees. In the event that any action is brought to cnforce the termsofthis Agreement, the party found by the court to be in default agrees to pay reasonable attomey;s fces to thc successful party in an amouut to be fixed by the court.
8.5 GoYerning Law. The laws of the State of Califomia shall govem the rights and obligations ofthe parties under this Agreement, including the interpretation oTttre Agreenient.If any qart-o_{tlc Agreemurt is adjudged to Ue invaia or uninforceabla, such invaliditfshall notaffectthe full force and eflect of the remainder of the Agreement. ^ 9, Oovcrning Law.. Jurisdiction. Venug. The formatio4 interpretation, Bndperformance of this Agleement shatl uc govemed uy trre laws ofthe State oicaliroinia, venue forall litigation relative to the formation, interpretatioq and porformance of this Agreement shall bein the County of Fresno. - 10. Shygr. In the event that either party waives any breach of this Agreornent, suchwaiver shall not conslitute a waivel.ofany otheior succeeding tireach ofthis Agreairenr, whetherof the same or any other term, condition,br obligation - 11. Severability. Should the application of any provision of this Agreement to anyparticular facts or circumshnces be found by a court of competent jurisdictioo'to Ur invalid orunenforoeable, then (t)thu validity of other provisions of thisigreement shall not be aff€cted orimpaired thoreby, and (b)such provision shall be enforccd to thJmaxi*ur u*tuot lossible so asto the effect the intent of the parties and shall be reformed without firther action Uy ttre parties tothe extent necessary to makeiuch provision valid and enforceable.
12. Countryartst-Th-is Agrecment may be executed in counterparts, each ofwhich shallbe deemed a1o{ginalabut all ofwhich together sla[ constitute one and tir. ,**, agreement. ThisAgreement shall be effective upon transmission by any Parry to the otfr.rputti.r o7" n ffv signedfacsimile copy of theAgreement after the fgrmal'rpp*"i6y the governing body of the clty. Incase of any conflict, the counterpart maintained byihe City s'rrJr be deemed to be determinative.
ISTGNATURES ON NEXT PAGEJ
85 IN wrrNEss wIrEREoF, theparties hereto have executed this Agrooment.
CIIY OX'SANGER
By:
Olsog CityManager
Date:
ATTEST:
By:
Padron, City Clork
APPROVED AS TO FORM:
By:
CantriMontoy, City
By:
Date: 04llgl2024
Consultlng, LLG
86 EXHIBIT A
Project Schedule
Proposed CAP Work plan
Organized Phased Approach to CAp
PHASE 2
Structure & Prepare plan
Slr ucture CAP
Dt:hrrc FLrnctions &
Alloc.,rtrrrrr Strti:,tics
l)r occss Cost Allocation
Plarrs
PHASE I
Planning & Data phase
Irti{ r,rl IVet.tir rg:,
(.or1 Allot,rlior-r
lrairrirrg
[.),r I,.r (- Lrllt,clron
PHASE 3
Present CAP Results &
Finalizc Project
{r|.ovrrlp [)talt (_Al)
Solit.it [e.edl.rat k &
tdit s
tirr,rlizc, CA[) & Prcsr:nt
I rrr;rl Doc,;
PHASE 1
PLANNING & DATA PHASE
TASK I.O: CONDUCT AN INITIAL MEETING WITH DESIGNATED
PERSONNEL
Meel wit{-lhe,Ctty:8 pononnel who have responsibility or are stalrcholders in the CAp. Thismeetingwill refinotheproject scope, epocific objertiu.*, ioarrises, requirements, measurem€nts,an$ schedulo. of the qpj"tt. rrris meiung wilf also rt"ri ute'pto:ect consultants undersrand theunique aspecb ofthe city includlng $e organizationat stucture.
UCT INTRODUCTORY TRAINING SESSION WITII ALLVANT PERSONNEL inboductory training session with key City personnel and projectstakeholders. Projcct consultants ]rrill work with city personnel to estsblish ttre objectives,content, and list of attendees for this meeting or presentation, This session is vital to successfirlproject results inoluding TASK 2.0: COND
RELE
Conduot an initial and
msetfurys orprcsentations
o Reviewthe project scope, objectives, and sc,hedule.
o Review available financial and allocation data.
o Sumrnarize the purpose for calculating the CAps.
I Review cxample summary reports produced by the project. o Discuss example applications produced by the project. +.+.r MGT Ex. A-Page I of 23
approval by oporating department officials. Agenda items for these could include the following:
PAGE 1
87 o Revisw and confirm the federal and/or state requirements. o Address potential areas for additionar direot or indirect cost rccovery, TASK 3.0: REVIEW
EXISTING
THE CITY'S ORGANIZATIONAL STRUCTURtr &COST PLANS
Reviewthe City's organizational strustweand any existingCAPs andassociated datato determineappropriateness and to ilenti& altematives whicir may faiorably impact indireot cost recoveries.Prepare for departnent interviews.
Colleot and review data such as organizatioa charts, expenditure statements, budgets, personnel coryats,-salaw reports, and tansaction statistics. Project consultants will work withtity irersonnetto.-{welop and gather the needed data in the most ifficient way possible. Thc review of this datawill provide the structure for thc CAPs inoluding the determination of allocating and receivingdepartments.
TASK 4.A: C
TASK 5
OLLECT BASIC UNANCIAL AND OPERATIONAL DATA
.O: CONIIUCT DEPARTMENT INTERVIEWS
Meet wittr and interview each cenfal service department to determine the allowableexpenditures, sen'ices proyid-e4 charge backs or direoi bills, personnel proviaint the services,the recipients ofthe provided servicei, and appropriate transaction data.
Bascd on the information gathered in Task 4.0 and the and data received from all prior steps, MGT flt:gY|$jirvj:.xisting mettrodology foreach csnual **iru aupnuount irio-ia-uniiry **trcr lmprovement. rmqtloveyents mey inolude me&odolory ohanges, different ways ofsunmarizing data for allocatiotL or difibrent catculation meth;ds. A d|& wirr ue createa andprcsented to the City's st4ffwhich summarizes all suggested enhancements. As part ofthis process,it is antioipated that questions may arise as to the nn-aiciaf impurt to ttt" CitJG;n;; Fund andto the.grantee departments 9,f any such enhancements. As suci, we will also be creating a customoost allogation model f9r citr which incorporates the varioussuggestions from our report. Thework plan steps that follow a"L the continuaiion of tnnt roAiirtu"tion process.
TASK 6.0: EVALUATE EXIST
REPORT OF'F'INDIN
TASK 7.0: DEVELOP COST
SERVICE DEPA
Using the
the basic
ING METHODOLOGIES AND DEVELOP
GS AND RECOMMENDATIONS
PLAN STRUCTURE & I}ISTRIBUTE CENTRALRTMENT COSTS INTO F'UNCTIONS city's organizational structuro, budget, and saffing information, MGT wiu determinestructure of the CAP, identi&ing cental servici (or allooating) a.putttt nir *i PHASE 2
STRUCTURE & PITEPARE PIAN
ro+t MGT Ex.A-Page2of23
PAGE 2
88 op€rating (or receiving) deparfrnents:
o Central sorvice functions will be determined based on timesheets, assignments, activities, or other allowed methods. Once staff members and their conespitding salaries ari disnibuted into funoJions, otlret department costs zuch as materials and supllies will also be distributed into the same functions. This task breaks a departnrent into'functional cost pools, which can then be allocated tluoughout the organizational sfructure using meuingfirl, measurable, and auditable allocation bases. o Distribute the allowable costs within oach central service department into the functions determined in Task 6.0. The dishibution of allowable departnent oosts and incoming costs will detennine the total cost of providing each distinct s-ervice within each cental s-ewice deparfnent.
Thic step usos a forture in MCTCAPTM thrt ls not availablo in most other CAP software. The MG-T proprietary oost allooation software has the ability to anallze, display, and allosate the indirest costs of each cenual servicE department in great detail. fnis Oei*t Aci[tates review, explanation, and understanding of incoming costs which leads to reduced erors, fewer reruns of reports, and the ultimate acceptance and approval ofthe CAp.
TASK 8.0: DEVELOP ALLocATIoN BAsEs ['oR CENTRAL sERvIcEIIEPARTMENT FUNCTIONS Determine an appropriarc allocation base for each firnotion in each central service department.
This determination will selve as the basis for allocating the allowable costs in eaoh function to the reclplgnts of the service. Project consultants wifi re{uest conesponding fransaction data ftom cenfral scrvico department personnel.
8.1 Central service departments will allocate costs to all deparEnents and firnds, This allocation methodology ensures the fairest and most acornate distribution of costs as opposed to a methodology that singles out departments or funds for maximum allocation.
Process the draft CAlt using MGTCAPTM. The CAPs will include sununary and detail reports.Summary reports in the CAPs will provide infomration on the dollar amounts allocated ftomeach f$ul service department to every recoiving deparment. The detailed reports in the CAps provide information on the expenditures, allowa=ble costs, incoming oosts, porsonnel distribution, firnctions, and allocation bases for every cental service departnrint.
TASK 9.0: PROCESS DRAFT CAPS
TASK 10.0: QUALITY CONTROL & INTERNAL REVIEW OF DRAI'T CAP fhe uoject manager 11d the_projeot consultant will undertake an intemal roviewprocess to raise tho acoracy ofthe CAPs and enswc the City's personnel do not waste time revio*i:ng *Ur16oa*Oor incomplcte work. Additional.l.V, ttre -UCTCafr" p*prirry oost allocaf,on soft$,areautomatically gcnerates a self-auditing schedule that recottcll.t thl sum of all central servicedeparlnrent expenditurcs to thc sum of all allocatsd costs. eoo'e MGT Ex. A- Page3 of 23
PAGE 3
89 sl[P I
( or rsr rll a nt/CJir: nt
Ir rterlact:
, M()r)thly St.itu5
Rcl.rort s
. Reviow of sorrrce
tJoctrtttr:rrls 1'ot-
"tca sono b ler r ess"
. Rcview of draOestrlts
lvll h clionl
Proler-t M.rrragcr
fi 0vievv
. Alloc;rfirr l)letltods
revicwccl
. t:ligibiliry of allocable
r:o:;ts exitrriirretJ
. Assurnp$ns testrrd
sl f"P 2
C crnr;.ialai'.rrt- Vali,,r rtr. r
r\rr.rlysrs;
r SoQvare E1t:irer alerl
variilr)ce I epott t;
pro(lt tce(l
. Varianccs resear(:herJ
and verifiecl
' Variarlcesexplainc(l
.rttd clir.;cLrssed wil h
clienl
sllD l
QLr.rlity Assrrrante
Officer'Rcvicw
. Conrpreltcrrsive
review 9f draQplan ly
QA officer
. Corlltarisorr willt a
rcgio rr allrra$n al
perspec$c
. Dis(:l.rssi()n rA/l1lr
1:r ojcct tr:artr
r cgardirrg any is:;uc:
sTl t' 4
TASK I 1.0: pROVIDE THE CITY WITH DRAFT CAP
Meet with the City's
the CAP. This stop is
and make changes as
management ifrequested or provide electronic copies of the draft rcsults ofan opportunity to reviow preliminary resutts, addries qucstions or conoerns, necossafy.
PHASE 3
PRESENT CAP RESULTS & FINALIZE PROJECT
TASK 12.0: pROCESS [,INAL CAP & PROVIDE FINAL CAP I}OCUMENT s Provide one printed.,*igj*l bo*{ oopyf on€ printed unbound copy, and one eleghonio copy(Aqobo PpF file) ofthe hnal cost plsn fiio*i"ri .onfir*utililh"t the work is final bi ti;-cirr;';project o{ficcr, AdditionallY3 P-roJect oon$ultants yill provide electonic copics (Excel or Adobe pDF files) ofsummary soiedules, variancc anatyses, and management relorts as requested. All MGT workpapers are also available upon request Each CAP will contain:
Process the final cAps after addressing any issues raised in Task t 1.0. o A narrative that clearly defines the purpose, uses, and goals of the plan o Descriptions ofthemethodologyandprocqdrnes.
o Descriptions of tho central servic€s and the allocation bases utilized to allocate costs. o Actual distribution of indirect eosts to proglams.
o Summaries of all allocations and the resulting charges to all operating deparfinents and funds, roo.o MGT Ex. A- Page4 of 23
PAGE 4
90 T'ASK 13.0: PRESENT PROJECT
STAKEHOLDERS AND ELECT
ADDITIONAL USES
RESULTS TO PROJECT
ED OT'F'ICIALS & IDENTIFY
Assist with aprcsentation of th9 finat proiect results to the city's elected officials either in a work ry$* or at a plblic *Sn-q if requistia. This presentation will include a high-level overviewgf th9 nrojert and the apglications, implications, ,ina *ttiriput a Lenefits to tlt -City" operations.D0tailed information Ttt-lt presontld as requested. od froiect team will ctearty define thevarious applications and additional uses for tlte Cap TASK 14,0: PREPARE A
TRAINING
Delivenbles
CAP PROJECT RECAP REPORT & POST-PROJECT
SESSION
Prepare a CAP projec! recap report' This rcport will include comments and input from the city totpview re.garding the.just-completcd cAP. This report wiliAso provide the bity', personnel anopportunity to prrovidetimely fsedback on aspoctsif the CAp project that went well and aspects gf th9 ptoiect that need jmprovemont. The pioject consuttantsiviil iG;iliilti; feedbackinto tho following years' work plans as applicable.
Additionally'-the projegt recap report will inolude changes in allocation methodologies from theprior year and reasons for thelhairges. pq{uct a post-proiect trainingsession with key City personnel and project stakeholders. Thistaining session wi]l prcvide information on ,mling, iitrtptrting, and ericracti ng datafrom therecenlly completed CAPs. This scssion will also 6iorotol-"uo!ru applicationJfor the CApsresults, as well as provide additional applications for the cap rezutts.
Meetings, lvolkshops, interviews, and prosentations on approac[ methodology andrccommendations relatod to tho CAp, o
o A drafr CAPFull a doublcusing allocationstep-down onbasedrnethodologythe actualsCity' andexpenditures withinteriews and withreviewedpersonnel the ci staff.
a A final CAPFull a doubleusing st€p-down based on actualrnethodology expenditures;finalthe willCAP be Excelasproduced PDFand files. ( \l' t)t.t.t\ t R \llt.t,s
( .\1, l)l..t.l\ t,tt.\1il,t..\
r+o? MGT Ex. A-Page 5 of23
PAGE 5
91 a onoe two or more years of the city's data is loaded into MGTCApTM, we can produce customized management reports based on the final CAPs. These management reports may include the following information:
A comparison to the prior year's CAPs, or similar analysis, to identify major variances ofallocated costs to key receiving departments. (Comparisons will start in year #2 based on prior results.)
A trend analysis.
The costs of specific administrative and support activities. of
t
I
a
a
o
One prinrcd and
elechonic @xcel
bound copy and one unbound copy ofthe final CAp, as well as one and/or PDF) copy.
o
A "Cost Plan l0l" training session and comprehensive review of the draft CAp forfinance personnel o1 otlu pmject stakehoiders, including allocating deparnnent pereo.nnel, key receiving department personnel, ihe City's minagement unUi, elected offioials.
Development of stategies and procedures to be used by the City s personnel that will optimize potential indircct cost recovefy.a Proposed User Fee Work plan
MGT understands the scope of service identified is the City's RFp and propose that the work be lmplotedttrough the fotlowing tasks listed below. we witt work wittr-the city io aesign a userfec schedule that reflects the wiy the City of Sanger *irrres to manf,ge the City's cost recoveryprogram.
The study will evaluate both current fees and identiS available new fees and policies to ensure l_:ft-:"tt rccovery. Part of MGT's objective is to not impose our biases oo ti. city, but ratherloverage our expericnce and understanding ofbest practices in your region. rort MGT Ex' A - Page 6 of 23
'AGE
G
o Cost Allocation Implementation Plan. Strategi€s to assist the City to firlly integrate the CAP's data into ongoing operations.
federaVstete andlor local
years after the approval of
inquiriest andDefend to audit or otherrespond fi'om
authorities of finalthefollowing forCAPs threedelivery
each
o Ongoing taining, guidance, and assistance to personnel.
Access to all records for the requested period.a
e Formal projcct status reports at intprvals requested by the City's personnel (at l) A fonnal ect ThisProj recap will includereport. commsnts andreport thefrominput to nguewCity's thepcrsonnel Thisregarding will alsojust-completed project r€portprovide anpersonnel to feedback onopportunity provide theoftimely aspects project that wcnt andwell of the thataspeots need Thisproject feedback thenwillimprovement. bo formulated theinto works
92 MGT's approach to the user fee study is broken down into five separate tasks. Each task reflects a linear progression of the overall project. Wthin each task we have identified subtasks designed to achieve the City's objectives for this project.
Exhibil 7. Fee Study Taslu
[:;t.:rhli:,lr 5trrdy
Goal.;, ObJ(:cl ivr-!
.lnd l)rotr).{)1..
TASK 3
t,l',*r I r-.r: /1rra ly., I
"
TASK 2
tlsi:r I rc l)esiprr
TASK I
TASK 5
lrr pserrt.rtiori
TASK 4
I)r''1r Plir r
Ccrtnpat iron',
TASK 1.0: ESTABLISH STUDY GOALS, oBJECTMS, AND PROTOCoLS
1.1 1.2
Arrange interview schedules and request data,
Logistics and Kickoff Meeting (online): includes confirmation of scope and project pulpose, acceptance criteria for deliverables, status reporting and correspondence protocol$, issue escalation protocol, confirm baseline wortc ptan ana aeliverables, confim qtqi::t change order protocol, and confirm quality controi process and confirm project timeline.
Provide monthly status reports.1.3
TASK 2.0: USER FEE DESIGN
2.r
2.2 2,3
2.4 2.5
2,6
Discuss project design structure with City staff (which fees to review, which to consolidate, and new ones to consider),
Develop fust draft of revised project design.
City to reviewand comment on the newdraft design.
Revise draft to reflect comments received.
Confirm project design struoture.
Populate approved fee structure with cost data and move on to user fee analysis.
TASK 3.0: USER f'EE ANALYSIS
3,1
3,2
3,3
3.4 3.s
3.6 3.7
Interview selected staffto gain understanding of service delivery by fee type.
Develop fully burdened hourly rate for department being arnlyzed.
City to complete time estimate fee template(s).
Develop first draft results.
Present first draft rosults.
Revise drafts to incorporate the City's comments.
2nd draft results and prcsent findings to City.
rorro MGT Ex,A-Page7of23
PAGE 7
93 3.8
3.9 Incorporate city comments and present final full cost resurts.
Discuss city's cost recovery policy and finalize city's recommendations.
TASK 4.0: PEER pRIcE COMPARISONS
4.3 4.4
4.5 Identify up to five peers and up to 15 coilrmon fee types to compare.
Harvest dala from peer websites and follow-up calls to clarify. MGT will make up to fourattempts via phone calls and emails to complete the comparisons, however, some agenciesmay be non- responsiva. MGT will documont their atiempts to obtain the information nece$$ary to complete the survey.
Present first draft in online meeting; Revise comparisons per city comments.
Present second draft.
Develop narrative swnmary ofcomparisons for final report.
TASK 5.0: FINAL REPO RT, PRESENTATTON AND PROJECT CLOSE OUT Prepare anarrative report on putpose, method, and findings. city to review draftpresentation documents and provide comments.
Finalize report documents based on City's comments.
Provide the city methodology slides to uso for the final presentation.
Submit all final deliverables.
Attend City Council meeting.
Provide training to enable staff to update fees annually.
Project close out - report on other matters that come to MGT's attention during the courseof the evaluation.
Urer f,'eo Study Project Deliverables
4.1 4.2
5.1 5.2
5.3 5.4
5.5 5,6
5.7 5,8
a Five bound one unboundcopres, an andelectronic ofcopy the narrativecopy report Prcsentation user fee methodology slides as part ofthe City's presentation to CityCouncilt customized Excel workbooks providing fully burdened hourly rates, andcalculations a
fooo MGT
Ex. A-Page 8 of 23
PAGE 8
94 Proposcd Development Impact Fees (DIF) Work plan
DTA has an onviable reputation for producing high-quality work in a quick and effioicnt manner to*co-nespond with even$9 most aggressive project scnedute. DTA's tlpioat sshedule oftasks foraDlFprogran/DlF Study is outlined below.
Activities
Tleprojectteam will meetwith City staffin avirhralprojectkickoffmeetingtofinalizethedetails 9ftlry project, deliverables, timetabies, and tasks, discuss ilre fee methodoloiics and best practices, identifr needed inforytio-1 (i.c., reports, project/needs lists, stakeholdir groups, AaA etc.),pr€Pare the final schedule, discuss the public process, and resolve other conceirs, is appropri#.
Activities
Th9 nroject team will-compile and document existing and future population and dcvelopment estimates for the City. The pojeotions resulting from tf,is tast witt uitimately calculate fee levels.This task comprises four subtasks.
This task comprises four subtasks.
SUBTASK 2A _ POPULATION PROJECTIONS
It" ptoieot team will gather existing information on present aud future population for the Cityfrom various sources, including City stafr, the General Plan, existing trfurtrr plans, the U.S,Census, the Ftesno Council of Governments f'Fresno CbG'), ti'r Stut" Department ofFinance, and from othor data sources, including tire city's clp.
SUBTASK 28 - CONIIUCT ENTITLEMANT RESEARCH AND PROJECTIONS tht p*j""t team will coordinate with the City Planning Division to determine existing andfuture residential and non'residential development withii the City over the planning horizon.To complete this subtask, DTA witl review the General ph;Clp, andrclatcdptans todetermine expected development land use patterns in the City, assess bity records to identifiexisting entitlements for-dwelling units and commerciaUinAustriat devel6pment, ana pro.lect the number of new dwglling units and commercial/indushial developmenitasei on existingentitlements-and population projections for the next2} y"uo, or such other target year asselected by City staff, SUBTASK 2C - REVIEW CURRENT CITY T'EE STRUCTURE
lheu'ojectteam shall reviewandsummarizethe City's cunentdevelopmentfee shuotures,City policies-and procedrxe$ and other regulatory t"quit" "nts
afiecting potentiJ reeshrctwes and revenue program requirements.
TASK I,O: DEVELOPMENT OF PROJECT STRATEGY AND KICKOT'P
MEETING
TASK 2.0: DEVELOP POPULATION AND DWELLING UNIT PROJECTIONS +'r'r MGT Ex.A-Page9of23
PAGE 9
95 SUBTASK 2D - REVIEW PRIOR CITY F'EE JUSTIFICATION STUDIES ]he 4roject team shall review the approach and methodology utilized in prior City feejustification studies so they can be evaiuated in light of the citfs current needs.
Activities
This task entails the review of the facilities and capital needs required to serve new development in the study area projected in Task 2,TheTeam will use existing bity materials as base documents and focus our effort on updating this information.
l:t Ty fee program.to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the faoilities that will be impacte.d by additional growth, includiig those already discussed in the General Plan or CIP. This task will require close ioordination withall appropriate City departments. The team will consider updates to the City's current impact fees.
SUBTASK 3A - SURVEY/INTERVIEW THE CITY'S STAT'F
We will survey/interview theCity's staff to review projected facilities in the City, along with Tajol equipment nged.s, the timing at whieh improvements will bo needed, and any physioal data that would assist in dgveloping the costs esiirnated below in Subtask gb. gased upon ttre results ofthe surveys and interviews, we will verifu and, if appropriate, expand the fisfof newfacilities found in the General PladCIP to be includeO within ttr" t . progiu* for the City.
SUBTASK 38 - FACILITIES LIST
Based on the information collected in Subtask 3A, we will prepare a facilities needs list that details the new facilities and equipment to serve niw developrnent in the City.
SUBTASK 3C - REVIEW COST ESTIMATES
The project team's engineering and technical staff will, as necessary, consult with the City'sdepartment heads and/or engineering staffor equivalent to ascertain and understand in-house cost data for existilg an! Rrojected facilities and equipment, apply inflation and coshof-living escalators to the list- of projected public facilities no Crt"r*in future .o*t*, ,"uirw and/orte{lP elsling cost dat4 exarnine major sources of revenue to fund the construction of newpublic facilities, and provide a proportional estimate between projected costs for new facilities and projected revenue from mitigation fees and other sources, SUBTASK 3D - INI'RASTRUCTURE OR FACILITIE,S IMPROVEMENT PLANI The project team will prepare an Infrastructure or Facilities Improvement plan that reflects thecosts of infrastructure, improvements, real property, financing, other capital and associated aqqurtenalces, equipment, vehicles, furnishingi, and other etigitrte items ttrat are assosiated with meeting ftture needs necessary for publiJsirvices as allowed per State statutes.
Deliverables
o Infrastnrcture or Facilities Improvement plan
o Needs Assessment Report
TASK 3.0: REVIEW F'ACILITY/CAPITAL NEEDS AND LNVELS OF SERVICE dlot MGT
Ex. A-Page l0 of 23
PAGE TO
96 Activities
This task entails developing the methodology used to establish the fee amount for each fee component to the extent appropriate, There are two critical issues that must be considered in developing a fee program, The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirirnents of AB 1600. Since fees of any sort are controversial, it is critical that any fee established be legally defensible, T!9 nroject team's fee study rnethodology must meet nexus or benefit requirements of AB 1600, which requires that there be a nsxus betrryeen the fees imposed, use of the fees, and develop*rni projects on which the fees are imposed. Furthermore, there must be a relationship between the amount of the feo and tho cost of the improvements. To impose a fee as a condition for a development proj ect, thc methodology musf accomplish the foll-owing:
. Identify the purpose of the fee;
' Determine the use to whioh the fee is to be put (if the use is financing public facilities, the facilities must be identified);
' Establish if there is a reasonable relationship between the fee's use and type of dovelopment project on which the fee is imposed; and ' Ascertain if there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is being imposed.
Implioit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve puUlic facilities-beyond what is required based ol"-qe specific impaots of new development. The benefit methodology established in this task will be documented in the Final Report.
1'he projeot team shall prepare a memo to be submitted to City staff summarizing available methodologies and their respective pros and cons and providing deiailed exarnples of other cities', counties', or-agencies'impact fee programs. The memo will also disouss, as applicable, oontext- sensitive adjustments and "credits" for oapitat improvements required as -;art of a project
application' The team will recommend a Fee Expendiiure Plan to ensure that projects can be fully funded.and implemented within any required time limits for expenditures of such funds, ur rcil as possible flexibility to allow collected fees to be used to provide the City with a match for grant applications. Finally, the memo will include recommenditions for methodology and next steps. upon review and discussion by city stafr a methodology will be selected.
Deliverable
r Memo Summarizing the Fea Methodology Options
TASK 4.0: DEVELOP METHoDoLocy FoR CALCULATTNG NEw FEE
AMOUNTS
TASK 5.0: DETERMINE FEE LEVELS
Activities
This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task 2, facilities nee?s and costs oo+t MGT
Ex. A-Page Lt of23
PAGE 11
97 determined in Task 3, and methodology selected in Task 4.
SUBTASK 5A - CALCULATE RECOMMENDED FEE AMOUNTS
We will calculate fel for the.City by inputting the data compiled under the preccding tasksand computing each fee to be teviea. rnis wodwiil ue aone in a spreadsheetiormat that canbe updated annually, We will also evaluak this data in comparison to sunounding jurisdictions to anive atcomparable and acceptable fee levels.
SUBTASK 5B - DOCUMENT T'EE DERIVATION
We will document,the methodology utilized for the fee calculation modet that can beunderstood by the City and public. -We will prepare written statements documenting thevalidity of the methodology for deriving eactr of ttre fees for the City. ih;r;;rb;ents wiltbe made to meet the requirements ofAB 1600 and documented in thi pinat Report discussedbelow, Dellverables
o Proposed Fee Levels
r Brief Report of similar Jurisdiotions, DIFs, Including a summary Table TASK 6.0: PREPARE DRAFT AND FINAL REPORTS
Activities
This task entails the preparation of the Draft and Final Reports for consideration by the City,sCouncil and the City's staff.
SUBTASK 6A . PREPARE DRATT REPORT F'OR COMMENTS
Based on the work completed in Tasks 1-5, we will prepare the Draft Report for review and goryidet$on bv the crty's staff. The Draft iteport *iit ui ptrpurd ;de; th€ ;tandards of AB1600. and is expected to include an executiv. ru*.r"y, pi-putution projections, inu r*intig8and improvements llst, areas of bsnefit (if applicabl;i f; cabul*ions, recommended foelevels, and the suggested process for keeping fri, ",*iot,-SUBTASK 6B - PREPARE FINAL REPORT Based on the inco:poration_of the City's staffcomments and concerns regarding the Draft*LoU we will prepare the Final Report for presentation to ihe City's Council and the City,sstaff.
Dclivernbles
o Draft and Final Reports
TASK 7.0: OUTLINE TASKS
ADMINISTRAT
Activities
REQUIRED FOR THE IMPLEIUENTATION ANDION OT THE FEE PROGRAM The project tearn will prepare a list of tasks required of the City once they have adopted their newfee program. These taskJinclude the determination of actual ibe levels irtfr" City ir"iA", not to rt++c MGT Ex. A*Page 12of 23
PA6E 12
98 impose the maximum fee levels allowed under thc Fee Study, the implementation of the fee credit proglam' and othor issues the City may face when implementing the fee program. In addition, we will prepare a Draft Ordinance to adopt the fee progiam, subject to review and approval by the Ctty's legal counsel.
Delivorrbles
o Draft and Final Ordinance
TASK 8.0: ATTEND MEITINGS AND PUBLIC OUTREACH
Actlvities
This task entails attendancs at a total of three (3) in-person rneetingVworkshops, including the kickoffmeeting, with the City Man4ger (or similu), ottrer City staff,-focus groups, stakehollers, andthe City Council to present information regarding the status of the impaclfee program update, draft study, and Final Impact Fee Methodotogy neport to obtain input. rfue wilt AsJbe prepared to lead meetings and workshops with selected groups to gain better project understanding, gauge oommunity sontiment, and determino the key objectives. During these meetings, we will consider community and stakeholder input. For this purpose, we will develop handoutJfor these meetings that summarize the findings and analysis from the Public Roview frran. Tho projoct tosm shall also rchodule ctanding conference calls (Le,, weekly or bi weekly) with City itaff to ctay on track with tsrks and deliverables,
Cost Allocation Plan Timeline
Shown below is MGT's pro.posed schedulc for the engagement. We will work with the City to develop olear internal doadlines at the beginning of the-project and combine that with intentional and structured oommunications. MGT eonounr witn *re City's requiremont that the initial term for this project start around March 18 and be completed by furie t4.'
1.0 Initial Meeting
2.4 InhoductoryTraining
3.0 Revicw Organizational Stnrctrneand Existing
Plans
4.0 Collcct Basic Operational & Financial Data
5.0 ConductDopartnentlntcrviews
6.0 f;SX$*ttilgn"ethodologios
and Devclop
7.0 Dcvelop Coet Plan $tuoture & Disributs
Service Dopartnent Costs Into Functions
Devclop Allocation Bases for Cental
Dcpartrnent Functions
8.0 Scrvice
PllASn 2: S'l'ttl I(.'l'ttl{t,t & t}ftDpAl{Ii I'|,AN
\'lorrlh( ,\ I' St ltr.rlrrlt, ( )ngoirrgl
f'llASl'l l: I'l.r\F(NlN(; & DA"l'A PllASti
I
rort MGT
Ex. A-Page 13 of 23
PAGE 13
99 l|llAsli 3: I'ltfisliNT c'AP ltEstrr,'r's & FtNAL|zll plloJllc''t
9.0 Process Draft CAps
10.0 Qnalrty Contol & Int€mat Review
ll.0 Provide Draft CAp
12.0 Procoss Final CAP & Prrovide Final Docs
t3.0
14.0 koparc a CAP Project Reoap Report & post
Project Training Session
Present Project Results
and Elected Officials &
to Project Stakeholders
Identi$ Additional Uses
\ lort(lt( ,\ l) Sclrt'rlrrlt' ( )rrqirirrll
oort MGT Ex. A - Page 14 of23
PAGE 1'l
100
Kickoff meeting (online)
Confirmation of scope and project purpose
Acceptance critcria for deliverables
Status reporting and correspondonce protocols
Issue oscaladon protocol
Confirm baseline work plan and deliverables
Confirm project ohange order protocol
Confirm quality confrol proccss
Arrange request data
status
1.1 1.2
1.3 Provide
2.1 2,2
2.3 2.4
2,5
2,6
Dissuss pmjcot design with the City's staff (whioh
fees to review, which to consolidate, and new ones to
consider)
Develop first draft ofproject design
Thc Cityto reviewandcomment on draft
Revise draftto reflect comments
Confirm project design
Populate model stucture with cost dda
3.2 3.3
3,4
3.5 3.6
3,7
3.8 lnteryiew selected staff to gain understanding of
service delivery bv feetvoo
Devolop fuliy bruEonedhbudy rate for departrnent,
The City to complcte time ectimate fee template(s)
Develop first draft
Prosent first draft rssults
Revise drafts to incorporate the City's comments
2nd draft rosults and pierent nndings to City
$g,gomte City comments and present final tull cost
Discuss Cr.ty-'r cost reoovery polloy and finalize
recommendations
3.t
3.9 \ lortllt
I l)t'rt,r'ipt iorr 'l
.0 lislablish Stu (irluls,0ll ives, rt trtl lllrllrteol.r- () I lsg' li'cc llt's
Llsu'Ftre Arra ri
() ltrcr l'ire C'ol risotts
User f,'ce Timeline
4,1 Idendfy 5 peer agencies and up to 15 common fee
to compare
r'o'o MGT
Ex. A-Page 15 of23
PAGS 15
101
first draft in online meeting. Revise
per
Citycomments
4,4 Present seconddraft
4,5 Develop nanative sunrmary of compuisons for
peer
, ghriry
4.3 Present
5.1 5,2
5.3 5.4
5.5 5.6
5,7
5.8 DIF Timeline
report on purpose, and
provide
review draft presentation documents and
comments
Finalize report documents based on comments
Provide City methodology slides to use for finat
Prcsentation
Submit all final deliverables and provido fraining tor
update the
model
Attend City Council meeting
Provide Trainingto enable staffto update fccs annually
Project Close Out
3 4 I sl + tl z 3 41 2
,1 .0 I)cvck,1.r lio|1l11p1i,'1' & I)rr cllirr;, I inil l)t oiL'r'liorr:r
,1 .() l{ci,ie ri' l:lr.ilitti('irltilirl N.:ctls ,t l.e,r,cl:, r Sct vicr'
ti,() l)r'c1-,lrr'c I )r'lrli it [iirrlrl [{e]rt,r.{s
7 {} ( }rrtlirrt' l.rsl,s I(et;rrit.ctl li,r. lrrrplt.rrrerrl.rrrorr z\,1 rr r i Irisl lirt io11, II l.'c,-- l,l uur.ittrI
li.0 ..\lturrtl lt.lcclitrls & l,r.rlilic ( )utrcrie lr l)ll \\ ( )lil.. l,l ,\'.: l,\\1.\
ItloieeI Str'trte,r:t & Kicl,r,
lirr ('rrlt'rrlirlirr;r Neu
\lt,ntlr I\lortllr -l\ l, rrrllr I
J,() l)r're loJ'rJtrcrrl ul
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-{ 0 I)evcloP Nlcrllrocltrlrrp.r,
lce .z\rnrrtLttts
5.() l)e te ltrrirr.' J:cu I clcls
r'rir MGT
Ex. A - Page 16 of23
PA6E 16
102
Project Budget
DeJined by Impact, Driven by people. Dedicated lo
the Community.
This scope of work is our understanding based on the RFP. We are willing to discuss changes to the scope.
Cost Allocation Plan Budget
1.0 Initial Meeting
2.0 I Introductory Training ;3
3.0 leview Organizational Stnrcture and Existing'l
Plans
$200
$200
$2,400
$1,050
$800
$2,100
$600
$1,200
$1,200
$600
4,0
5.0 6.0
Collect Basio Operational & Financial Data z
$600
$400
$400
Conduct Departnelt Intewiews
Pvaluate Existing Methodologies and
Recommendatiofr-s
l2
3 6
3 t"i+
6 ;3
6 .
.0
8.0 7 Service
Depaflment Costs Into Functions
Develop Allocation Bases for Central Servi
Deparfrnent
Functions
9.0 Process Draft CAps
10. ' Quality Control & Internal Review
0 I l. Provide Draft CAP
0 12, Process Final Cost ptan & provide Final Docs
0 13. fi:t.riJj;3lect
Results to Project Stakcholders,
u Officials & IdenrifyAdditional Uses
orr+; MGT Ex' A-Page 17 of 23
r\ l)irlir I'lrirscl'lt:rst. I : Itlirrrrrirr
l'ltlrsc 2: S(l'rrr,lrrr.r, .\i l,r.r: t t' l'lillr
It ro t'cl
Itlr;rst, .J: ltr-c,,ctrt ('.\l' l(r,rrrlls tt l,irr:rlr.rr, PAGE 17
103
14. 0 Fl1ijfff.?ffiProject
Recap Report & Posr,
Ses-sion
Totrl Houm 60
R{te $200
Lrbor Ertenslon $12,000
Trrvel $0
$1,600
9 $150
$1,350
$0'lotll ILttutt $,1..150 \ 13.35{r
l;rtlt'r'rrl 2 ( lilt l'rrrt 2(Xl ('osl ,\llorutiorr I'tltr Seryices From MG'l
15.0 to Cost !o
Part
200 Federal Guidelirres
User Fec Study Budget
' requestdata
. Logistics and Kickoff
(online)
meeting2
Confirmation of scope and
project
purpose
Acoeptance criteria for
deliverables-
Status reporting and
correspondence protocols
Issue escalation protocol
, Confirm baseline work ptan
and
deliverables
i
proro.Sfnfirm Project change ordcr
'
Confirm quality control
plCIcess
Monthly status repoft 4
Discuss project design structure wit
2, City staff (which fees to rcview,.5
t2 $2.400
I
I
I
2 6 $2,890
$760
2 92,700
I
3 $0
$0
$o
$0
$o
$0
$o
720$3
t,, s tlrlrlirlr Strrrlt (,oirls, ()lrjeelir t,s,
:ull Itlolocols
I lsel' l,'t'c llt,si
I
il
roo'r MGT
Ex. A-Page 18 of 23
5 PAGE 18
104
44 '20
I
of
I
n
2 2.
3 a,
I
a,
5 2.
6 3.
I
3. 2
3. 3
3. 4
3. 5
3. 6
3,
7 3,
I
3,
9 4.
I
4. 2
which to
consolidate, and new ones to,
gottglder)
Develop first draft of project design I
Thc City to review and comment on
draft
Revise draft to reflect comments 4
$5,040
$0
92,520
$480
t2 $7,560
I
t
.$61s4
I im,
lgo
I
;$tll6 ,204
l$ris+o
120
I
4 8
4 Confirm project design
Populate approved fee structure
cost
dsta
to
2nd draft results and present
to
commente
service deliv_o..ry b. y.f-ep fy.peS
Develop fully burdened hourlyratc
for dopt boing anolyzcd
City to complete time estimate fee
template(s)
-
Develop first draft results
Present first draft rosults
Revise drafts to incorporate the Citv's .
oomments ' - 4
9itvIncorporatc City
findings;,
I I
t2*tlr,
2 12 :Z
t6
t20
i
I
i4
;
i8
i
t
t6
I'
present
nnal full cost rcsults
Discuss Ctty's cost recovery
and
-dr6
I
k
;
$l,a+o
I
I
t
I
r$3,780
i
i
'.,
i
reoommendations
types
Hanrest data from
follow-up calls to
up to 5
peer websites and
clarify.
;$4'800
i I irt'r' lit,t' .\lr;rlr'sis
( orl
I I ot;tl
i (osl
I Ir:rt'r'ilr{iorr
llorrls
40 l Ittct l'r'itt,( ,rttr )il l't\tlJls
r'+rb MGT
Ex, A- Page 19 of 23
32 PAGE 19
105
$z
824,
3 4,
4 4.
5 Present first draft in online mecting.
Revise comparisons per City 2
comments;
Present second draft
Present second draft I
Develop narrative summary of
comparisons for fural report J
$280 $200
$39,200 $25,200
4 106
$n2 fl50
$1,28 $t5,900
8 60
$480
1,040
i$4,140
$0
j
$l,s2o
$960
$960
igqoo
i
i
,$560
:
lg+so
I
).
I
5. 2
5. 3
5. 4
5. 5
5. 6
5. 7
5. 8
and
Project close out
Totrl,Houru
Rnte
brbor Extenrlon
Optional Services From MGT
2 The pjty to review draft report and
provloe cornrnents
Finalize report documcnts based onO
City's
comments
Providc City methodology slides to,,
use for final Presentation L
r Submit all final deliverables in pDF,
Excel
i Attend City Council meeting 'z
I#lg.
training ro enable staff to^
fties annually
12 ,2
t,?,
I
iz
l
I
.,
,140 26
l,ilrrl l{t'1rrrr'(.
l) rrr jcc l
( 'lnrcou (
l) r'csr rr tt I io rr iutrl)
t,l.l8 ,,,j, i{rtr
t;
I'o(a I
s8l,58ttl,.l'..'ir{i ', .l(X)
( itr ( orrrrt'il \\,'or.l, Slutlr Scssiorr
lrrt'lurlcs
I lonrs I lirr t,l
l'.r )$lr\cs
rret MGT
Ex. A - Page 20 of23
PAGE 20
106
(-'os l
I ollrl
( osl
l )r'sc ri p t io rr
o rJ
llourr
r' i '.
Attcnd and presont findings of the
15.0 userfeestudyduringaCityCouncil 4
Work
Study Session
Hourly Billing Rrter
MGT's hourly billing rates are as follows:
Vice Presidcnt
Direstor
SeniorManagcr
Itfanager
Consultant
Analyst
$2,460
$375
fi322
$2es
$280
$200
$150
ProjectAssumptionr
^?yy:*ftTlnd
ptoposed fee for thie project were doveloped with several key assumptions aboutue proif!. Changos to these assumptions may impact either or both oui mothodology andproposcd fee.
Wowelcome the opaortunityto meetwith the Cityto reviewthcse assumptions, validate oradjustthese assumptions based onmore complete infornnation, *A rqi*t the work plan and/or budgetaccodingly.
Below, we present our assumptions:
o The City will designate a Project Offioer for this project. This person will function as theprimary point of contact for the project, and -colrdinate
and facilitate the flow ofinformation and communication beHveen the City, key stakcholders, anJ UCi. fhe City's Project offiser will ensure that comments on draff documents are consolidatedinto a single document and any conflicting comments are reconciled before defivffitfrecomments to MGT. -W3
h.ave provided for two draft reports in this proposal. Ifadditional dra$s are necessary, itMay impaot the fees. o MGT will have acoess to and-gooqeration and participation by stratf and management.MGT expects to have-reasonable, iimely access to trre City's personnel and data. If thecity stops the project for any reason, MGT will be due uit i""r'rot g;d;rtf"rmed todate. r.roo MGT Ex' A-Page 2r of 23
'AGE
zl
a
.
Jl(, 1 l'r'ul'rrsiorlrl Slirl'l llorrllr
I ii ll irrs
Itlr lcs
107
+ If necessary, meeting facilities will be arranged for and used at the expense of the City, The City will provide all requested documents at its own oxpense. ' All costs and othsr data provided by the City will bE considered accurate and valid. MGT will not be responsible for the audit and/or verification of any cost or other data provided by the City.
r If the City changes its accounting system and/or signifioantly changes its chart of accounts so that cost data cannot be matched to prior calculations, it may impact the fees as these efforts are not part of the fixed price.
o MGT plans to conduct selices, including status meetings and interviews, remotely due to the ongorng pandemic. If the City wants onsite services, we would be willing to do so, subjcct to adding the reasonable cost oftravel expenses to our quote. Travel expenses wilt only be charged in the event travel occurs.
r Our price will be fixed for the first two years of this work. If the contract extension is executed our feo (rates) will be inoreased by S%.
Impact Fee Study Budget
Fees for seryices shall be charged on an hourly basis aocording to the ratos set forth in DTA's fes schedule below, with invoices-t"ing submitrci to the City morithly. The estimatod f€e for services shalf not exceed $65'000 for the Fee Study, including out-of-pocket expenscs. Fees for services shall bo oharged according to the professional services fee schedule id€ntified in Table l. $27s
$250
$210
$200
$190
sl75
$l6s
$150
$r40
$125
Additional selices requested that fall outside tlre scope of this project shall be provided on a time- and- materials basis using the above howly rates, with all expenses billed at iost zubject to pre- approval. Th9 _hourly rate schedule is part of MGT's quotJ for use in invoicing for p.gress payments and for exha work incurred that is not part of this RFp. e$itio-nat in-person meetings [more than the three (3) in-person meetings specified in the Scope of Work, including the kickoff meetingl shall be bilied on a time and miterials basis. DTA stalfshall also schedule standing conference calls (i.e., weekly orbi-weekly) with City staff to stay on track with tasks and deliverables.
Out'of-pocket and administrative expenses are included in the maximum budget listed above and Senior Vioe President
Vice President
SeniorManager
Manager
SeniorAssociate
Associate III
Associate II
Arsooiatc I
Research Associate II
Reecarch Associate I
l) l .\ l'r'o It.ssiorr:rl Stlrll l lou rlr
liillirrq
It rr I t'r
r'o.r MGT
Ex. A - Page 22 of23
PA6E 22
108
shall be equal to 3o/o of DTf.'s billings for labor, plus travel expenses and any outside vendorpeymTls. .All. hourly rates for. services apply ttrough Deoembei 3 l, 2024, *d "tr subject to acost-of-living increase at that time, On orabout the -first two weeks of each month during whichconsulting selices arerendered hereunder, D't'A shall present to the City an invoioe covering thecurrent colsulting services performed and reimbursable expenses incunid pursuant to this NoticeofAuthorization. Eaohinvoicesubmitted forpayment shdfcontain abriefdescriptionofthe work billed on that invoice, total billed to date, total paid to date and amount remaining. Invoices shallbe n1i! by qe City within ]0 days of the date of each invoic e. A l.Z%charge ilay ue imposedmonthly against accounts that are not paid within 45 days of the date of each invoice, Theprevailing party in any l.eg3l-action brought by one party agarnst the other and arising out of thisConsultant Agreement shall be entitled, in aooition io any Jther rights and remedies ii may havc,to reimbursement for its expenses, including court costs and reason'able attomeys, fees.
Limitations
The labor oosts in the table above include attendance at a total of tluee (3) in-person rneetings with the City Council, virtual meetings with City department personn"i, and periodlc conGrence callswith City staff"
Attendance at more thal three (3) in-person meetings, detailed written resporues to resolve dlsryfs' or tlre preparation of more than one set of mijor rcvisions to the nrnft neport will bcclassified as additional work and may require furtlrcr billing at the hourly rates identified in fable I !f the maximum fee level has been exceeded. other exariples ofadditional work shall include :
' Additignal analyses based on revised assumptions requested by tho City, including possible changes in the needs list, infrastruct,ou costs, population projections, future land uses, and related data once the preparation-of the Draft Report has been initiated, as well as adjustments to assumpiions once the Draft Report has been approved;
e Additional meetings or lengthy negotiations with stakeholders, including representatives of the BIA;
' Tasks rcl{ed to litigation by stakeholders should it occur once the Fee Study has begrr completed;
' Time expended related to obtaining data assigned to the City under "Information to be provided by the City";
r Actual implementation of ttre fee program(s); and
r More than five bound copies of the Draft or Final Study and Ordinance.
The maximum fee listed above astumes the review and implementation of the fecprogrem with a schedulc betweon initiation of sewices and pubtic outroach thatiswithinthe proposed time frame according to the city's spccifications, Method of Payment
MGT will provide monthly invoices to the City. The amount due per month will be based onthe services provided in each month under theproject workplan, +tor MGT
Ex, A-Page23 of 23
PAGE 23
109
EXHIBITB
Insurance Requirements for Contractors
lVithout limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain atits own experre dwing the term of the Agreemeir! and shall require any and all Subcontractors and Subconiultants of every Tier to obl"T and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Mlnimum Seope and Limits of lwurance
Conhactor shall maintain limits no less than:
t $2,000,000 General Liability (including operations, products and completed operations) per occulrence, $4,000,000 general aggregate, for maity irtiury, personal iojury and proprtty .d*lg", _including without limitation, blanket contractual tiatitifr. coverage itrait Ue aiteast as broad as Insurance Services Officc (ISO) Commeroial General Ldbifity oouitag" form CG 00 01.
SntS lipilitypolicies shall be endorssd using ISO forms Cc 2010 and CO ZO 37 to provide that the City and its officers, officials, employels and agents shall be additional insureds undor such policies.
' $1,000,000 Arrtomobile Lirbility combined single limit por accident for bodily injury orpropoly damage at least as broad as ISO Form CA O0 bl for ali activities of Contactor ariiiog out of or in connection with Work to be performed under this Agreement, inoluding coverage foi any owned, hired, non-owned or rented vehioles. Automobile Liability policies shail te endorsed to provide that the City and its officers, offioials, employees and agents sirall be additional insureds under such policies.
r lVorlcer'r Componsation as required by the State of Califonria and $1,000,000 Employer'r Liability pcr accident for bodily injury or disease. Contactor shall submit to-the City, 4ong with the certificate of insurance, a Waivei of Subrogation pndomement in favor of the Cityi it's officers, agents, employees, and volunteers.
Ili[ai nte nanc e of C ov er age
9o{tfgt shall procue and maintain, for the duration of the contac! insurance against claims for injuries to pemons or damages to property, which may arise from or in connecTion with the performance of the Work hereunder by Contractor, hii agents, represontatives, employees, subconhaotors or subconsultants as specified in this Agreemeit.
Proof of Insurance
Coatractor 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 subrogaiion endorsement for workers' compensation Insurance certificites and endorsements must be approved by the City prior to cofirnencement ofperformance. Current evidence of insurance shall be kept on file with the City at all times during *re term of this Ageement. Agency reserves tlrc right to rcquire complete, certified copies of all required insurancelofcies, at iry timo.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Ex. B-Page I of2
110
Insurance commissioner to transaot business of insurance in the State of Californi4 with an assigned policyholders'.Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with tha latest edition Jf Best,s Key Rating Guide.
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to walve subrogation against the City, its elected or appointed officeri agents, officials, employees, and volunteers, or shall speclficatly allow Connacbr, or others proviiing lnr**.e evidence in compliance with these specifications, to waive their right of recovery pri-or to a loss. Contractor hereby waives its own right of recovery against the Cif and shall tequltr similar written express waivers and insurance clauses ftom each of its subconsultants of subcontractors.
Enforcement of Contract Provisiow (non estoppel)
Confiactor aoknowledgcs and agrees that any actuat or alleged failure on the part of the Agency to inform Contraotor of non-compliance with any requiremenl imposes no additional obligalions on the City, nor does it waive any rights hereunder.
Specifications not Limtting
Requircments 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 ryoYided- by any insurancc. Specific reference to a given coverago feature is for purpor* oic!|1fi9ation only as it pertains to a given issue and is not intenaea-Uy any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any il'pr. f Coi,tractormaintains higher limits than the minimums required abwe, the entity shall -be
intitled to coverage at thehigher limits maintained by Contractor.
Notlce ofCancellatlon
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City withthirty (30) oalondar days notice ofcancellati-on (except for nonpayment foiwhich ten (10) oaiendar days notice is required) ornonrcnewal of coveiage for eash ruqtiirua coveroge.
S e If- tw ur e d Re t e nt i o n s
Any self-insured retentions must bc detlared to and approved by thc City. The City resorves tho liqhJ.to rcquire that self-insured rotentions be eliminated, lowired or t"ptac"d by a deductible.
Self insuranc€ will not be considered to comply wittr these specifications unless aiproved by theCity's Risk Manager.
Timely Notlce ofClaims
Contractor shall give the Cityprompt and timely notice of claims made or suits institutedthat arise out of or result from Conkactor's performanoe under this Agreement, and that involve or mayinvolve coverage under any ofthe rlquired liability policies.
Addltionql Insurance
Contractor shall also proeure and maintain, at its ovm cost and expense, any additional kinds ofinsuranoe, which in its ounr judgcment maybe necessary for its proper protection and prosecution ofthc Work.
Ex. B-Page2of2
111
Attachment 3
112
RESOLUTION NO. 2025.07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A2024.2025 FISCAL YEAR BUDGET AMENDMENT FOR ADMINISTRATIVE
SERVICES FOR THE COMPREHENSIVE FEE STUDY
WHERAS, the City of Sanger Annual budget requires amendments to adjust the estimated revenues and appropriations to reflect the City's financial plan; and WHEREAS, the annual budget contains the estimated revenue and appropriations necessary to implement the City Council's policies, goals and objectives; and WHEREAS, during the fiscal year, unforeseen circumstances, changed economic conditions or spending priorities may require budget adjustments; and WHEREAS, the FY 2023-2024 included funding for the comprehensive fee study for services with MGT Consulting; and
WHEREAS, the City Council of the City of Sanger does hereby find that it would be in the best interest of the City to revise the estimated appropriations; and WHEREAS, budget amendment appropriating funds in the amount $160,000 to account 712-020-10l-6290, is necessary to cover the cost of services with MGT Consulting for the comprehensive fee study, cost allocation plan development and development impact fee study.
NOW THEREFORE,IT IS HERBY RESOLVED by the City Council of the City of Sanger as follows:
1. The foregoing recitals are true and correct and are incorporated by reference.
2. The Council approves the amendment to the Annual Budget as set forth in budget amendment attached hereto as Exhibit A and incorporated by reference.
3. The Assistant City Manager/Administrative Services Director or her designated staff is hereby authorized and directed to record the appropriate accounting entries.
4. This resolution is effective upon adoption.
******r!{<*******
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council on the 6ft day of February 2025, and adopted by the following vote:
AYES:
NOES:
ABSTAIN (RECUSAL):
ABSENT:
AITEST:
Corina Tarnez, City Clerk
113
GE RS AN
For the Meeting of: Februaly 6,2025
Agenda Item No.: G-9
CrrYoF SINGER
RE,PORTTO THE COUNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
Public Utility Easement Acceptance
Newmark Village Apartments Phase L
Attachments: 1. Resolution No. 2025-08
CONF'LICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2025-08 which accepts the grant of easement for public utility purposes through the property known as Assessor Parcel Number (APN) 325-030-245.
EXECUTIVE SUMMARY:
The owner of the property proposed for construction of a multi-family apartment complex has offered for dedication a grant of easement for public utility purposes to protect, and provide access for operation and maintenance of a proposed city storm drain pipeline.
RACKGROUND:
AMG & Associates, LLC submitted an application for site plan review for the construction of a multi- family apartment complex at the southeast corner of Faller and Almond Avenues. This application was processed under Site Plan Review (SPR) No. 2020-07. During review of the application, Staff Preoared bv: Toshua Rosers Apptoved by: _Nathan Olson_
REVIEW: City Manager: _NCO_ Finance: CityAttorney: _HCM_ TYPE OF ITEM:
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
X
X
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
114
noted that the storm drain facilities located on Millwood Drive just north of the project site were insufficient to serve both the existing and proposed improvements. As a part of the proposed project, the applicant has installed storm drain facilities in accordance with the approved plans to serve the area sufficiently. These proposed facilities include installing a storm drain pipeline from Millwood Drive through the proposed site, out to Tucker Avenue, and continuing down to JFK Basin. The section of pipeline constructed through the apartment complex needs to be protected by a City easement.
Subsequent to the site plan approval, the property was conveyed to the current owner, Sanger Newmark Associates, who have executed a grant of easement to dedicate a 20-foot wide public utility easement. Staff recommends that the City Council accept the easement on behalf of the public.
REASON FOR RECOMMENDATION:
The easement is necessary to protect, and provide access for operation and maintenance of, a proposed storm drain pipeline.
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the easement deed.
ALTERNATIVES:
None recommended.
ACTIONS FOLLOWING APPROVAL:
The City Clerk will affix a certificate of acceptance to the signed easement deed and record the documents with the Fresno County Recorder.
krasl\shared\Forms & Templates
115
ATTACHME,NT 1
\\nas I \shared\Forms & Templates
116
RESOLUTION NO. 2025-08
A RESOLUTION OF THE CITY OF SANGER ACCEPTING A GRANT OF EASEMENT
FOR PUBLIC UTILITY PURPOSES FROM
SANGER NEWMARK ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, AMG & Associates, LLC submitted a site plan review application for a multi-family apartment complex on the southeast corner of Faller Avenue & Almond Avenue ("Project") on the property known as Assessor Parcel Number (APN) 325-030-245 ("Property") which is owned by Sanger Newmark Associates, a California Limited Partnership; and WHEREAS, the Project required a dedication of an easement for public utility purposes to protect, and provide access for operation and maintenance of, a proposed storm drain line running through the Property; and
WHEREAS, the Owner has agreed to convey a portion of the Property deemed by the City Engineer as necessary through a Grant of Easement; and WHEREAS, it is in the best interest of the City of Sanger and its residents to accept the Grant of Easement attached hereto as Attachment 1; and
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of California accepts the Grant of Easement for public utility purposes. * {< * t( * X * * * r! {. 4(,|<,&,& {<,|<
I hereby certi8/ that the foregoing is a fuIl, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 6th day of February,2}25 by the following vote:
AYES:
NOES:
ABSTAIN (RECUSAL):
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COI-INCILMEMBERS:
COUNCIL MEMBERS:
Corina Tarnez, City Clerk
117
ATTACHMENT 1
Grant of Easement - APN 325-030-245
118
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Sanger
1700 7th Street
Sanger, CA93657
Attn: City Clerk
APN a portion ot 325-030-24S
THE UNDERSIGNED GRANTOR DECLARES:
Documentary Transfer Tax is: $-0- per R&T 511922
(Space Above This Line for Recorder's Office Use Only)
(Exempt from Recording Fee per Gov. Code 56103)
GRANT OF EASEMENT
FOR PUBLIC UTILITY PURPOSES
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, SANGER NEWMARK ASSOCIATES, a California Limited Partnership ("Grantor") hereby GRANTS to the Clry OF SANGER, a California municipalcorporation ("Grantee") a non-exclusive easement for public utility purposes, in, on, over, under and across the real property described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by reference ("Easement").
lN THE WITNESS THEREOF, Grantor has caused this Grant of Easement to be executed by its duly authorized representatives on the date and year set forth below.
Dated: 2024 ..GRANTOR''
Sanger Newmark Associates, a California
Limited Partnership
By: TPC Holdings X, LLC, its General
Partner
By: Pacific West Communities, lnc., its
Manager
By:
Caleb Roope, CEO
Pacific West Communities, Inc.
119
CERTIFICATE OF ACCEPTANCE
This is to certify that the easement interest in real property conveyed by SANGER NEWMARK ASSOCIATES, a California Limited Partnership, as Grantor to the CITY OF SANGER ("Grantee"), is hereby accepted by the undersigned officer and agent of Grantee and Grantee consents to the recording of the Grant of Easement for Public Utility Purposes.
Signedanddatedon-,20atCityofSanger,California.
GRANTEE
CITY OF SANGER, a municipal corporation
By:
Corina Tamez, City Clerk
120
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION OF EASEMENT
That certain real property in the City of Sanger, Couniy of Fresno, State of California legally described as follows:
121
EXHIBIT 66A''
PUBLIC UTILTTY EASEMBNT
LEGAL DESCRIPTION
APN:325-030-24S
That portion of Lot 6 in Block I of Sarah A. Edgar's Villa Addition to Sanger, in the City of Sanger, County of Fresno, State of Califomia, according to ihe map thereof recorcled in Volume 2 of plats at
Township 14 South, Range 22East, Mount Diablo Base and Meridian. deicribed as follows:
A strip of land 20.00 feet wide centered on the foilowing described line:
B.EGINNTNG at a point on the East line of said Lot 6. said point being South 00ol l'28" West, a distance of 35.50 feet from thc Northeast comer of said Lot b; thence North 89"48'32- West, a distance of 251'30 feet; thence North 00"1 l'28" East. parallel with and 251 .30 feet West of the East line of said Lot 6' a distance of 36.94 feet to a point on the North line of said Lot 6, said point also being the pOINT OF TBRMINUS.
The sidelines of said 20.00 foot wide easement to be extended or shortened to meet at propefty lines and angle points.
Containing an area of 5,765 square feet, more or less.
L3lp"
P.L.S. 9484
D.No
Y
Page I of I
122
DUE;rE t0,:01}
sc{f: l' - SOn fl:Fn&[r
ffi
RO'r-J /2t
t
fiPlt.o m:
If,XON & TSATES. IIiu.
IlilD suavtnl{c
620 ofirTT, f10rclc^4s, c,AlJfont{!,Ar 9361 2
PH: {559)297*/r2oo Flx: (5581297-1272
rlooFFT;r>dE
=CI
POINI OF TERM'NUS
ESIIBIT ''B''
NOR]HEAST CORNER OF LOT 6 OF SARAH A.
EDGAR'S VILI-A ADDMON TO SANCER, RECORDED IN
VOLUME 2 OF PLATS AT PAGE 69. F.C.R.
NORTH LINE OF LOT 6 OF S{RAH A.
frlpztrl
30' POINT OF BEGINNINGEOGAR'S VILI.A ADDfTION TO SANG€R, RECORDED IN VOLUM€ 2 OF PTATS
AT PAGE 69. F.C.R.
SCALE: 1'= 5O'
50 -o
ooN
EAST UNE OF LOT 6 OF SARAI{ A. EDGqR'S VILI.A
ADDMON TO S/$.IGER, RECORDED IN VOLUME 2 OF
PLATS AT PAGE 69. F-C.R.
U
o
.N
oo
z
30'
Er{
14 L)
E:'.
0 ADJUS1ED PARCEL A OF GRANT DEED
RECORDED OCTOBER 4. 20,22 N
,-_DOCUMENT No. 2022-Ot2J1JE,
OTNC|AL RECORDS OF FRESNO COUNIY
m
i00
I,EGEND
INO]CATES ARFT TO BE DEEOED TO THE CffY OF SANGER
FOR PUBUC UTILITY EASEMEMT PURPOSES.
5,765 SQUARE FEfr, +,/-
AFFORDAALE HOUSINC LAND CONSULTANIS, LLC.
A CALIFORNI,{ L|UITED LIABILITY CORPOR^TIbN.
AREA:
OWNfR:
APN: 325-O3O-2+S
FRESNO COUNTY RECORDSF.C,R
P.L.S. 9484
D.
.30'N Or11'28" E 36.94'
123
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
td.-u-l*a
STATE OF CIIITTFORNIA
COUNTY OF Ad,A
On
ItVL
ilIWE, 2024 re a notary public,
personallyi appeared who proved to
me on the basis of satisfactory evidence to be the n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed tne instruypffu I certify under PENALTY OF PERJURY under the laws of the State of Cdibrfii+that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal.
Notary Pu
SEAL:
ss
124
EXHIBIT B TO GRANT DEED
DEPICTION OF EASEMENT
125
For the Meeting of: February 6,2025
Agenda Item No.: G-10
CrrYoF SexcER
REPORTTO THE, CITY COUNCIL
To:
f,'rom:
Subject:
Mayor and City Council
Joshua Rogers, Cify Engineer
Right of Way Acquisition - Millwood Drive
Newmark Village Apartments phase I
Attachments: 1. Resolution No. 2025-09
CONFLICT OF'INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2025-09 which accepts the right-of-waydedication for permanent public street and utility purposes through the property known as AssessorParcel Number (APN) 325-103-155.
EXECUTIVE SUMMARY:
As a condition of approval of Site Plan Review (sPR) 2020-07 ,the developer of the Newmark villageApartment Complex was required to construct certain street improvements along Millwood Driveadjacent to the project site. These improvements necessitated the dedication of additional street rightof way and the owner of APN 325-103-155 has offered for dedication a grant of right-of-way forpermanent public street and utility purposes for the associated work.
BACKGROUND:
AMG & Associates, LLC submitted an application for site plan review for the construction of a multi-family apartment complex at the southeast corner of Faller and Almond Avenues. This application Prepared by: Joshua Rogers Approved by: _Nathan Olson_
REVIEW: City Manager: _NCO_ Finance: CityAttorney: HCM
TYPE OF ITEM:
X Consent
Info Item
X Action Item
Department Repot
Redevelopment Agency
COUNCILACTION: APPROVED DENIED NOACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
126
was processed under Site Plan Review (SPR) No. 2020-07. During review of the application, Staff noted that the roadway on Millwood Drive just north of the project site was not constructed per City Standards and was deemed insufficient in its current state to function as an ingress/egress polnt from the proposed project. As a condition of approval of the SPR, Staff required the build-out of the remaining improvements on Millwood Drive (a length of approximately i30 feet), which resulted in the need to dedicate additional right-of-way along Millwood Drive to provide an acceptable point of connection to the project.
The developer negotiated the additional right-of-way acquisition with the Owner of the property, Ricardo Yizcarta and Rosario Yizcana, and the Owner has agreed to grant the right-of-*uy ulotrg th. frontage of their property, known as APN 325-103-155. Attached to the Resolution is the Grant of Easement for the associated right-of-way dedication. Staff recommends that the City Council accept the dedication on behalf of the public.
REASON F'OR RECOMMENDATION:
The right-of-way is necessary to provide an ingress/egress point to the project that meets City Standards.
F'ISCAL IMPACT:
There is no fiscal impact associated with the acceptance of the easement deed.
ALTERNATIVES:
None recommended.
ACTIONS FOLLOWING APPROVAL:
The City Clerk will affix a certificate of acceptance to the signed easement deed and record the documents with the Fresno County Recorder.
\\nasl\shared\Forms & Templates
127
ATTACHME,NT 1
\\nas I \shared\Forms & Templates
128
RESOLUTION NO. 2025-09
A RESOLUTION OF THE CITY OF SANGER ACCEPTING A RIGHT OF WAY DEED FOR
PUBLIC STREET AND UTILITY PURPOSES FROM
zuCARDO VIZCARRA AND ROSARIO VIZCARRA
FOR MILLWOOD DRIVE
WHEREAS, AMG & Associates, LLC submitted a site plan review application for a multi-family apartment complex on the southeast corner of Faller Avenue & Ahond Avenue ("Project") on the properfy known as Assessor parcel Number (ApN) 325-030-24s; WHEREAS, the Project required the construction of improvements along Millwood Drive which necessitated a dedication of an easement for public street, utility, and related purposes to provide access for operation and maintenance of, the street improvements along APN 325-103-155 ("Property"); and
WHEREAS, the Owner of the Property, Ricardo Yizcaraand Rosario Vizcarra, has agreed to convey by Grant of Easement a portion of the Property deemed by the City Engineer as necessary for the expansion of Millwood Drive to the city standard; and WHEREAS, it is in the best interest of the City of Sanger and its residents to accept the Grant of Easement attached hereto as Attachment l.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of California accepts the right-of-way dedication for public street, utility and related pu{poses.
rl. * * rF *( * * * * * {< * rl. * {< :t *
I hereby certi$ that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 6th day of Febu&ty,2025 by the following vote:
AYES:
NOES:
ABSTAIN (RECUSAL):
ABSENT:
COI-INCIL MEMBERS:
COLINCIL MEMBERS:
COI.INCILMEMBERS:
COUNCIL MEMBERS:
Corina Tamez, City Clerk
129
ATTACHMENT I
Grant of Easement - APN 325-103-155
130
FREE RECORDING REQUESTED BY
AND VVTIEN RECORDED MAILTO:
City of Sanger
1700Tth Street
Sanger, CA 93657
Attn: City Clerk
APN a portion ot325421-27
THE UNDERSIGNED GRANTOR DECI.ARES:
Documentary Transfer Tax is: ${- per R&T 51 1922
(Space Abwe This Line for Recorde/s ffice Use Only)
(Erempt from Recording Fee per Gov. Code 56103)
AND
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, RICARDO VIZCARRA AND ROSARIO VIZCARM, HUSBAND AND WFE AS JOINT TENANTS ("Grantof') hereby GRANTS to the Clry OF SANGER, a Califomia municipal corporation ("Grantee") a non-exclusive easement and right of way for street, utilities and related purposes, in, on, over, under and across the real property described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by reference ("Easement').
lN THE WTNESS THEREOF, Grantor has caused this Grant of Easement to be executed by its duly authorized representatives on the date and year set forth below.
Dated: ll 2024
By".
Vizcarra
f
131
CERTIFICATE OF AGCEPTANCE
This is to certify that the easement interest in realproperty conveyed by RICARDO VIZCARF{A AND ROSARIO VIZCARRA, HUSBAND AND WFE AS JOINT TENANTS, as Grantorto the CITY OF SANGER ("Grantee"), is hereby accepted by the undersigned oJficer and agent of Grantee and Grantee consents to the recording of the Grant of Easementfor Public Street, Utitities and Related Purposes.
Signed and dated on 20_at City of Sanger, California
GRANTEE
CITY OF SANGER, a municipalcorporation
By:
Corina Tamez, City Clerk
132
EXHIBtrT'6A''
Legal Deseription
Stt.tetDedicafiog
That Portion of Lot 7 of Sarah A Xdgaf s Villa Addition to Sauger, in the City of Sanger, Couaty of Fresnq State of California according to the map thereof, recorded in Volume 2 of Plais, at Fage 69, Fresno County Records, lying in Soc{ion 23, Tovmship 14 South, Range 2?Easl, Mount Dablo Base rud Mcridian, fir&er described as follows:
COMMEI{CING at the Southeast comer of Lot 16 ofthe Map of Trast No. 2462,rtr,afied in Volume 31 of Flats, at Page 64, Fresno Couaty Records, thence North 8924'07" $/est aloug the South line of said Lot 16 and along the Wastedy Pmlongation of said South line, a distance of 11 1.50 feet to th€ POIIIT OF AEGINITIING; tbearce continuing along said Weste,tly prolongation Norh 89?407" West, a dishoc€ of 13-50 feet to a point on ttre East Right of Way line of Milluruod Drive as shown on said Map of Tract No. 2462; thenoe South 00'11?8" WegL along said Rigbt of Way lioc, a disffice of,228.34' feet to the Soulh Iine of said Lot 7 of Sarah A, Edgar's Villa Addition to Sa:rgec thence South 89?8'53' Eas along last said $olrih ling a distancc of 12.75 feet; thenc€ North 00?2'53" Ea.st a distance of 228.31 feet to tle POINT OT'BEGINNING.
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133
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION OF EASEMENT
134
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EXHIBIT B TO GRANT DEED
DEPICTION OF EASEMENT
136
A notary public or other officer completing this certificate veriftes only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CAUFORNIA
COUNTY OF
ss.
)
)
)
on l/ 4 public,
personally D to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to lhewithin insfumentand acknowledgedtome thathe/she/they executed the same in his/herltheir authorized capacrty(ies), and that by his/herltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WTNESS my hand and ofiicialseal.
2026
Notary
SEAL:
zFo
137
i
I
l
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFOR
COUNTY OF
On ,f before me,
COMM. zvoNotary Publlc . California
Fresno Counly
insert name and title Comm.
, notary public, pe
D
who proved on the evidence to be the whose
to the wlthin lnstrument and acknowledged to me that
the same in his/her/tlt6r-r B{horized capacity(ies), and that by instrument tffison(s), or tfre eritity ripon uetrar otnature(s) on the which (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Thls ar6a ior ofllclal notadsl seaD
Optional
Though the information below is not requhed by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaftachment ol this fom to another document, Description of Attached Document
Title or Type of Document:
Document Date
Number of Pages:
Signer(s) Other Than Named Above:
(Not including this page)
138
Prepared by: Joshua Rogers____ Approved by: __Nathan Olson__________________
REVIEW: City Manager: _NCO_____ 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: February 6, 2025
Agenda Item No.: G-11
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Josh ua Rogers, City Engineer
Subject: Temporary Construction Easement Acquisition
Almond Avenue Reconstruction Project – Bethel Ave to Greenwood Avenue
Attachments: Resolution No. 2025-10 with the following attachments:
1. Temporary Construction Easement Agreement – Helfer
2. Grant of Temporary Construction Easement – Helfer
3. Temporary Construction Easement Agreement – Gomez
4. Grant of Temporary Construction Easement – Gomez
5. Temporary Construction Easement Agreement – Farnesi
6. Grant of Temporary Construction Easement – Farnesi
7. Temporary Construction Easement Agreement – Rios
8. Grant of Temporary Construction Easement – Rios
9. Temporary Construction Easement Agreement – Cliff
10. Grant of Temporary Construction Easement – Cliff
11. Temporary Construction Easement Agreement – Karle
12. Grant of Temporary Construction Easement – Karle
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2025-10 which:
1. Approves the Temporary Construction Easement Agreements for propert ies located at 2120 Almond Avenue, 2130 Almond Avenue, 2426 Almond Avenue, 2526 Almond Avenue, 2540 Almond Avenue, and 2550 Almond Avenue; and
2. Authorizes the City Manager to sign the Agreements on behalf of the City; and
3. Accepts the easements for temporary construction purposes at the same properties. 139
\\nas1\shared\Forms & Templates
EXECUTIVE SUMMARY:
Temporary Construction Easement acquisi tions are needed as part of this federally funded transportation project. The attached resolution will provide for the temporary use of a portion of six (6) properties along the project limits. All work to this point has been executed per the requirements associated with the federal funding.
BACKGROUND:
The subject project involves the acquisition of Temporary Construction Easements from eight (8) different properties along Almond Avenue in order to construct new sidewalk improvements along the north side of the road between Bethel Avenue and Greenwood Avenue . Because the project is partially funded by federal Surface Transportation Block Grant Program (STBG) funding in addition to Measure C Streets funds, the City is required to comply with all requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by federally funded projects. This law was enacted by Congress to ensure that people whose real property is acquired, or who move as a result of projects receiving federal funds, will be treated fairly and equitably and will receive assistance in moving from the property they occupy.
The property acquisition value offers were determined by the City’s R/W consultant, Hamner, Jewell and Associates and these were presented to the City Council in Closed Session on October 3, 2024 before the formal offers were made. Since that time, owners for six (6) properties have signed agreements in association with the project. The remaining two (2) property owners are still considering the offers. The information on these properties is listed below:
Property Owner Address APN
Area
(Sq. Ft) Values
Don H. Helfer 2120 Almond Avenue 322-042-10 107 $500.00 Humberto Gomez Ambriz &
Yolanda Gomez & Miriam
Gomez
2130 Almond Avenue 322-042-11 70 $500.00
Danny C. Farnesi Estate 2426 Almond Avenue 322-030-49 & 322-030-52 105 $500.00
Sonia J. Rios 2526 Almond Avenue 322-030-45 447 $805.00 Benjamin Cliff, Trustee 2540 Almond Avenue 322-030-43 250 $500.00 James D. Karle 2550 Almond Avenue 322-030-02 228 $500.00
REASON FOR RECOMMENDATION:
The Temporary Construction Easements are required and necessary for the construction of public road improvements. The process followed and values offered are in line with the requirements of federally funded projects.
FISCAL IMPACT:
140
\\nas1\shared\Forms & Templates
The costs for Temporary Construction Easement acquisitions as described above are budgeted in the FY 25/26 budget and are reimbursable from STBG and Measure C funds.
ALTERNATIVES:
None, if STBG reimbursement is desired.
ACTIONS FOLLOWING APPROVAL:
The City Manager will sign the Temporary Construction Easement Agreements, and payments will be made directly to the Owners . Following payment the Title Company will record the grant deed s conveying right of use from seller to the City. Once recorded, the City will receive copies of the deeds for the properties. Once all R/W has been acquired for the project, Staff will prepare a R/W certification, as per federal requirements, which will allow the City to proceed into the construction phase. 141
\\nas1\shared\Forms & Templates
ATTACHMENT 1
142
RESOLUTION NO. __2025-10____________
A RESOLUTION OF THE CITY OF SANGER APPROVING TEMPORARY
CONSTRUCTION AGREEMENTS FROM:
DON H. HELFER,
HUMBERTO GOMEZ ABRIZ & YOLANDO GOMEZ & MIRIAM GOMEZ,
DANNY C. FARNESI ESTATE,
SONIA J. RIOS,
BENJAMIN CLIFF, TRUSTEE, AND
JAMES D. KARLE.
AS PART OF THE ALMOND AVENUE RECONSTRUCTION PROJECT BETWEEN
BETHEL AVENUE AND GREENWOOD AVENUE
WHEREAS, the City of Sanger is proposing to reconstruct Almond Avenue between Bethel Avenue and Greenwood Avenue; and
WHEREAS, temporary construction easements are required from several property owners along the proposed alignment in order to construct new sidewalk where it does not exist along the northern side of the road; and
WHEREAS, on said properties, the owners have consented to grant access to a portion of the property to the City through a Grant of Temporary Construction Easement; and WHEREAS, it is in the best interest of the City of Sanger and its residents to accept the Grants of Easement, as applicable per property; and
WHEREAS, the City of Sanger has conformed with all Federal guidelines and requirements for the acquisition of Temporary Construction Easements; and WHEREAS, formal offers have been made to the property owners for the acquisition of Temporary Construction Easements and the owners have agreed to the value amounts shown:
Property Owner Address APN Area
(Sq. Ft) Values
Don H. Helfer 2120 Almond Avenue 322-042-10 107 $500.00 Humberto and Yolanda Gomez
& Miriam Gomez 2130 Almond Avenue 322-042-11 70 $500.00 Danny C. Farnesi Estate 2426 Almond Avenue 322-030-49 & 322-030-52 105 $500.00
Sonia J. Rios 2526 Almond Avenue 322-030-45 447 $805.00 Benjamin Cliff, Trustee 2540 Almond Avenue 322-030-43 250 $500.00 James D. Karle 2550 Almond Avenue 322-030-02 228 $500.00 ; and
143
WHEREAS, the City Engineer recommends the approval of the approval of the Temporary Construction Easement Agreements and purchase of Temporary Construction Easements from the property owners listed, for the values listed.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of California:
1. Approves the Temporary Construction Easement Agreements with Don H. Helfer, Humberto and Yolanda Gomez & Miriam Gomez, Danny C. Farnesi Estate, Sonia J. Rios, Benjamin Cliff, Trustee, & James D. Karle (attached hereto as Attachments 1, 3, 5, 7, 9 and 11), in the amounts of $500.00, $500.00, $500.00, $805.00, $500.00, and $500.00, respectively; and
2. Authorizes the City Manager to sign the Agreements on behalf of the City; and
3. Accepts the Temporary Construction Easements (attached hereto as Attachments 2, 4, 6, 8, 10 and 12) for temporary construction purposes. * * * * * * * * * * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 6th day of February, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCIL MEMBERS:
__________________________________________
Corina Tamez, City Clerk
144
ATTACHMENT 1
Temporary Construction Agreement – Helfer
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ATTACHMENT 2
Temporary Construction Easement Deed – Helfer
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ATTACHMENT 3
Temporary Construction Easement Agreement - Gomez
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ATTACHMENT 4
Temporary Construction Easement Deed – Gomez
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ATTACHMENT 5
Temporary Construction Easement Agreement - Farnesi
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ATTACHMENT 6
Temporary Construction Easement Deed – Farnesi
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ATTACHMENT 7
Temporary Construction Easement Agreement - Rios
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ATTACHMENT 8
Temporary Construction Easement Deed – Rios
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ATTACHMENT 9
Temporary Construction Easement Agreement - Cliff
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227
228
229
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231
ATTACHMENT 10
Temporary Construction Easement Deed – Cliff
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ATTACHMENT 11
Temporary Construction Easement Agreement - Karle
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244
245
246
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249
ATTACHMENT 12
Temporary Construction Easement Deed - Karle
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For the Meeting of; February 6,2025
Agenda Item No.: G-12
CrrY oF SINGER
RE,PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Attachments:
Mayor and City Council
Esperanza Rosales, Public Works Director
Pavement Cut Moratorium Policy
1) Resolution No. 2025 - ll
2) Exhibit 66A"
CoNrr,rcr on INrnnpsr
None known.
RncovrunlinlrtoN
Staff recommend that the City Council approve Resolution No. 2025-1 1 to adopt the City of Sanger Pavement Cut Moratorium Policy.
Exncurrvn Suvrvrlny
The City of Sanger is seeking to establish a policy to protect newly paved streets from cuts through a pavement cut moratorium policy.
BlcxcnouNo
The City recognizes the importance of maintaining the integrity of its road infrastructure in order to ensure safe and efficient transportation for all residents. Frequent pavement cuts, often necessitated by utility installations and repairs, can lead to premature road deterioration, increased maintenance costs, and disruption to traffic. To address these concerns, the City is recoflmending the implementation of a pavement cut moratorium policy.
Rn.q.soN ron REcoMvrcNtlrroN
The recommendation to implement a pavement cut moratorium policy is based on the need to protect the City's investment in its newly constructed and resurfaced roads. This policy aims to temporarily restrict PreDared bv: Ravmond Martin Aooroved bv: Nathan Olson
REVIEW: City Manager: _NCO_ Finance: Citv Attornev: HCM TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Depattrnent Report
Successor Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
-
257
pavement cuts for a specified period (five years) following new road construction or resurfacing projects.
By doing so, the City intends to extend the lifespan of its roadways, reduce repair costs, and minimize inconvenience to the public. This policy will also minimize pavement degradation, maintain structural integrity, and limit negative visual impacts.
Exceptions and waivers to the moratorium policy may be permitted in certain situations such as Emergencies or other situations deemed by the Public Works Director or City Engineer.
X'Isc.tL InlpA,cr
Adoption of Resolution has no additional fiscal impact on General Fund or other City Funds.
ALtnnx.q.uvns
None Recommended.
Acrroxs F'or,lowtNc Appnovar.
The adopted Policy will be used for enforcing restrictions on pavement cuts. 258
Attachment 1
Autho r tzing Res olutio n
259
RESOLUTION NO. 2O25.II
A RESOLUTION OF'THE CITY COUNCIL OF'THE CITY OF SANGER ADOPTING
PAVEMENT CUT MORATORIUM POLICY
WHEREAS, streets with pavement cuts are known to degrade more rapidly than streets that did not receive pavement cuts, significantly reducing the lifespan of newly paved streets, leading to increased maintenance costs and reduced road quality; and WHEREAS, in order to protect the City's investment in its infrastructure, extend the lifespan of its roadways, reduce repair costs, minimize inconvenience to the public and to address concems from residents following recent paving projects;
WHEREAS, the City of Sanger has developed this policy to minimize the frequency and impact of pavement cuts with restrictions and improve the overall quality of life for our residents and their streets.
NOW THEREF''ORE, the City Council of the City of Sanger resolves as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City of Sanger Pavement Cut Moratorium Policy attached hereto as Exhibit A is approved and adopted.
3. This resolution is effective upon adoption.
* :fi * * t,|< * * {< * {< {< {. {< rF
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council on the 6th day of February 2025 andadopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Corina Tamez, City Clerk
260
Attackmerfi2
Exhibit A - Cify of Sanger
Pavement Cut Moratorium Policy
261
Exhibit A
CITY OF'SANGER
PAVEMENT CUT MORATORIUM POLICY
INTRODUCTION
Maintaining the delicate balance between progress and preservation in the urban landscape is a constant challenge. Pavement cuts, while necessary for infrastructure maintenance and upgrades, often lead to significant disruptions and, moreover, streets that undergo pavement cuts are known to degrade more rapidly than those that remain intact. To protect the City's investment in its infrastructure and to address concerns from residents following recent paving projects, this policy's intent is to minimize the frequency and impact of pavement cuts by implementing a strategic framework that prioritizes coordinated planning and execution. By placing temporary restrictions on pavement cuts, we aim to enhance the efficiency of public works, reduce environmental footprint, and improve the overall quality of life for our residents and their streets.
PAVEMENT CUT MORATORIUM POLICY
1) Purpose
The purpose of the pavement cut moratorium is to protect the City's investment in its infrastructure, to preserve the life of streets, and to provide an improved driving surface and a more pleasing appearance to roadway surfaces that have undergone utility work.
No entity or organization shall be exempt from this requirement including, but not limited to, utility companies, state agencies, federal agencies, school districts, and private developers. 2) Definitions
The following definitions are applicable:
"Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other City-owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the City for public use.
"Excavate" or "Excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Sanger Municipal Code.
"Public Works Director/City Engineer" means Public Works Director/City Engineer or designee. "Permit" means written authoization from the Public Works Director/City Engineer to excavate, encroach upon, or obstruct a public right-of-way.
"Roadway" means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the City for vehicular, pedestrian, or equestrian travel.
262
PAVEMENT CUT MORATORIUM POLICY
"Completion date" means the date the Notice of Completion was adopted by the City Council for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements for private development, this date shall be the date the Notice of Completion for the development was adopted by the City Council; for public improvements for which a Notice of Completion was not adopted by the City Council, this date shall be the actual date of completion of the work.
3) Moratorium, Exceptions
a) Except as set forth in subsection (B) of this Section 3 or Section 4, permission to excavate in roadways shall not be granted for five (5) years after the completion date of roadway construction or maintenance, including but not limited to an overlay, chip seal, slurry seal coatings, micro paving, or other maintenance of the roadway surface. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced roadways.
b) Exceptions to the above moratorium may be permitted in the following situations at the discretion of the Public Works Director/City Engineer:
i) Emergencies which endanger life, property or public health and safety ii) Intemrption of essential utility service.
iii) Work that is mandated by city, state, or federal legislation. iv) Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.
v) Other situations deemed by the Public Works Director/City Engineer to be in the best interest of the general public.
4) Excavation Waiver
a) To excavate within a roadway within frve (5) years of the completion date, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the Director of Public Works/City Engineer. The request must include:
i) The location of the excavation.
ii) Description of the work to be performed.
iii) A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced.
Page2 of3
263
PAVEMENT CUT MORATORIUM POLICY
iv) A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.
v) A statement from the applicant setting forth good cause for why the work cannot be performed at another location.
b) In the event the waiver is granted under Subsection (a), any excavation in the roadway shall be repaired with full-lane paving on the street as follows:
i) Inlaid, Overlaid or reconstructed roadway: All lanes that are affected shall be ground down one-and-a-half (1.5) inches and paved with one-and-a-ha1f (1.5) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the Public Works Director/City Engineer. Some roadways may require rubberized asphalt other materials.
ii) Slurry sealed, chip sealed, or micro-surfaced streets: All lanes thatare affected shall be resurfaced to the satisfaction of the Public Works Director/City Engineer with treatment similar to what was previously utilized.
iii) All existing striping, {prrr's, and loop detectors within the limits of construction shall be reinstalled to the satisfaction of Public Works Director/City Engineer. iv) Trenches shall be resurfaced for the entire trench length plus ten ( 1 0) feet on both ends. v) If the Utility Trench is within existing concrete pavement, the entire concrete panel affected by the trench cut shall be restored in-kind.
vi) Exception: Full-lane width restoration shall not be required during a curb and gutter restoration in which the City has exempted the contractor from removing and replacing the required eighteen (18) inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt. vii)Extent of required repair may be amended at the discretion of the Public Works Director/City Engineer extent of trench repair.
264
Prepared by: Corina Tamez Approved by: _Nathan Olson_____________________ REVIEW: City Manager: NCO________ 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: February 6, 2025
Agenda Item No.: G-13
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: City Council
From: Mayor Frank Gonzalez
Subject: Appointment to the Citizens Oversight Committee – Measure S Attachments: COC Candidate Applications
CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Th
at the City Council approve Mayor Gonzalez’s recommendation to reappoint Karen James and Alvaro Alfaro and appoint Neil Tung to fill three vacancies on the Citizens Oversight Committee – Measure S with terms ending June 30, 2026.
EXE
CUTIVE SUMMARY:
Th
e vacancies on the Citizen s Oversight Committee were advertised in the Mid Valley Times, The Sanger Scene and the City Website.
Ap
plications were received from Karen James, Alvaro Alfaro and Neil Tung.
Ma
yor Gonzalez and Councilmember Esmeralda Hurtado reviewed the applications and held interviews on January 15, 2025, for Karen James and Alvaro Alfaro; and Mayor Gonzalez interviewed Neil Tung on January 28, 2025. The applicants were advised that the recommendation for appointments would take place at the February 6, 2025, City Council meeting.
265
BACKGROUND:
As per Section 66-215 of the Sanger City Code, the Citizens Oversight Committee was established with the purpose of monitoring the expenditures of Measure S revenue. Section 66-215 (2) provides:
Candidates for committee membership shall be solicited through an open application process that is promoted through a broad- based recruitment process. Any Sanger resident of voting age is eligible to apply for committee membership, subject to the appointment categories specified herein.
The Sanger Police and Fire Chiefs will review applications and provide input to the mayor and council on applicants. All applications will be reviewed by the mayor and city council, who will collectively have the authority to make all final decisions on committee membership.
As required by Section 66-215, the Police and Fire Chiefs reviewed the applications and provided input.
REASON FOR RECOMMENDATION:
To fill three vacancies on the Citizens Oversight Committee.
FISCAL IMPACT:
Committee members are paid $25 per meeting and the Committee meets once a month on the first Tuesday of the month. Special meetings are held occasionally.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
The oath of office will be administered at the next meeting of the Citizens Oversight Committee.
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271
272
273
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275
Prepared by: Derek Sylvester Approved by: _Nathan Olson____________________ REVIEW: City Manager: _NCO_______ 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: February 6, 2025
Agenda Item No.: G-14
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Derek Sylvester, Senior Planner
Subject: Planning Commission Appointment
Attachments: Applications
CONF
LICT OF INTEREST:
None
known.
RECO
MMENDATION:
Th
at the City Council approve Mayor Frank Gonzalez’ recommendation to reappoint Jesalyn Harper to the Planning Commission.
EXE
CUTIVE SUMMARY:
The
Planning Commission vacancy was advertised on two different occasions in the Mid Valley Times, The Sanger Scene, the City website and Facebook. Applications were received from Jesalyn Harper and Gavino Barrera. All applicants meet the residency requirements as stated in the City Code.
Ma
yor Frank Gonzalez and Council Member Esmeralda Hurtado conducted interviews of the applicants on January 15, 2025. Jesalyn Harper is a current commissioner. Reappointing Ms. Harper to the Planning Commission will fill a seat that serves a four-year term, expiring in January 2029.
BACK
GROUND:
As
a means of background, following are the City Code Sections as they relate to the Sanger Planning Commission:
Sa
nger City Code Sec. 2-156. A planning commission consisting of seven members, all of whom shall be 276
residents of the city, is hereby established. The city council will attempt to achieve a balance of commission members reflecting the ages, sex, ethnic backgrounds and other such factors as the council deems reflected in the composition of the city.
Sanger City Code Sec. 2-157. The members of the Planning Commission shall be appointed by the mayor subject to the approval of each appointment by the city council.
Sanger City Code Sec. 2-158 (a) The term of office of planning commissioners shall be four years.
Terms shall expire on the first Thursday in January; (b) Vacancies shall be on a rotation of two positions a year for each of three years with one position vacated in the fourth year. Members whose terms expire shall continue to serve until their successor has been appointed and qualified. If a vacancy occurs other than by expiration of a term, it shall be filled by appointment for the un-expired portion of the term.
REASON FOR RECOMMENDATION:
To fill an upcoming vacancy on the Planning Commission.
FISCAL IMPACT:
Commissioners are paid $25 per meeting and the Commission meets regularly on the fourth Thursday of the month.
ALTERNATIVES:
The City Council may deny the recommendation of Planning Commissioner appointments by the Mayor and direct staff to reopen recruitments.
ACTIONS FOLLOWING APPROVAL:
The appointee names and contact information will be forwarded to the Secretary of the Planning Commission. An orientation will be scheduled with the newly appointed commissioner and their oath of office will be administered during the first Planning Commission meeting following appointment.
277
SA NGefi
, _,il r
DEC 2 0- 202{
Harper
APPLICATION FOR APPOINTMENT
TO THE
CITY OF SANGER PLANNING COMMISSION
Jesalyn M
(Last Name) (First Name) (MI)
(Address)
(Home Phone)
Resident of Sanger for
(City)
(Cell Phone)
(State) (Zip Code)
No
11 (Email)
years. Sanger Registered Voter: Yes
Are yotr a United States Citizen? Yes No
Have you ever been convicted of a felony? Yes No
TRAINING, EXPERIENCE ancl/or EDUCATION:
I have been a Commissioner for Sanger for the last 7 months, I have almost 7 years of Code Enforcement experience. I have experience as a permit technician, and I sit on the City of Reedley Development Review Panel as a Fire Department and Code Enfor representative
SCHOOL MAJOR GRADUATION DATE & DEGREE
Klamath Community Colleg Business Management Associates Degree, 612025 Community activities in which you are involved:
lnstructor for W.A.R (Women Against Rapists)
List any appointed public boards or commissions on which you have served:
I have been a sitting Commissioner for the City of Sanger Planning Commission for the last 7 months
(Please complete reverse side)
278
Briefly state why you wish to serve on the City of Sanger Planning Commission:
I have lived in Sanger for over 10 years and want to serve the community. I greatly enjoyed my brief time on Planning Commission and felt I was making a difference for the community
If you wish, you may list references in the space provided below:
Nicole Zieba, Reedley City Manager
Rodney Horton, Reedley Community Development Director
EMPLOYMENT INFORMATION:
Present Occupation: Senior Code Enforcement Officer
Name of Firm Reedley Fire Department
Address: 1060 D St, Reedley CA 93654
PLEASE NOTE THAT THIS APPLICATION BBCOMES PUBLIC INFORMATION I hereby certiS'that the information contained in this application and any accompanying documents is true and corect to the best of my knowledge.
J esa lyn H a rper $r+ilnkfiai.""r+,".Dat€;: 2024.1 2.20 08:43:16 -08 00 1212012024
Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
When completed mail/submit original to: Office of the City Clerk City of Sanger
1700 7th Stueet
Sanger, CA 93657
(559) 876-6300 extension 1350
br amir e z@c i. s anger. cct. t ts
279
280
281
Prepared by: Michelle Speer Approved by: Michelle Speer
REVIEW: City Manager: _NCO_____ 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: February 6, 2025
Agenda Item No.: G-15
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager / Administrative Services Director Subject: Claims Authority Ordinance
Attachments: Claims Authority Ordinance No. 2025-01
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Waive Full Second Reading and adopt Ordinance No. 2025-01 Amending Chapter 1, Article 1 of the Sanger City Code relating to city manager authority on claims against the city.
EXECUTIVE SUMMARY:
The City of Sanger regularly receives claims against the city related to varying issues; lost property, damage to personal property, injury, workers' compensation, etc. The City partners with a third- party administrator and insurance carriers to review claims against the City and make a recommendation regarding claims acceptance or rejection. As the City Manager does not currently have claims authority established by City Council, all claims must go before the City Council for review. As the City Council only meets twice per month, there are occasionally delays in claims rejections that may result in increased risk to the City. Additionally, delays in claims acceptance may cause an undue burden to those seeking a remedy from the City.
BACKGROUND:
The City of Sanger is part of the Central San Joaquin Valley Risk Management Authority (CSJVRMA); a JPA which brokers various insurance policies for the city. Through the CSJVRMA, the city partners 282
with AIMS as the third -party administrator (TPA) on claims brought against the city. Claims can be brought for various reasons, such as lost or damaged property, physical injury, alleged legal violations by city employees, employee injuries, as well as others. The role of the TPA is to review the claim against the City’s insurance policies and make a recommendation on whether the claim should be rejected or accepted. Once the claim is reviewed by the TPA, the current policies require that the claims be reviewed by City Council.
City
Council review of the claims can sometimes lead to increased liability for the City. The law prescribes specific timeframes in which claims may be filed and responses must be given. Delayed responses can lead to increased timeframes for lawsuits to be brought against the city, thus increasing the city’s overall risk. Additionally, for claims which the TPA recommends accepting, waiting for city council review can cause undue burdens for claimants seeking a rightful remedy from the City.
Or
dinance 2025-01, will establish a claims authority threshold for the City Manager of $35,000. Many of the city’s claims fall well below this threshold.
REAS
ON FOR RECOMMENDATION:
Es
tablishing claims authority for the City Manager allows for more expeditious response to claims, thus decreasing liability for the city and allowing for prompt response to those claims which the city intends to accept.
FI
SCAL IMPACT:
None
ALT
ERNATIVES:
None
noted
ACT
IONS FOLLOWING APPROVAL:
The
ordinance will take effect 30 days following adoption by City Council 283