FOWLER CITY COUNCIL MEETING AGENDA TUESDAY, OCTOBER 19, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 SOUTH 5TH STREET FOWLER, CA 93625  In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to vaque.@d.owercaus, Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the The telephone number listed belowwill provide access to the meeting via teleconference. Please note: when joining the teleconference you will be asked for your name which will  enable the City to make reasonable arrangements to ensure accessibility.  record of proceedings but will not be read aloud.  be used to identify you during any public comment period.  Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference have their phone set on "mute" to eliminate background noise or other interference from Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read ini full, further reading of the resolution or ordinance shall be deemed waived  telephonic participation.  documents may be posted on the City's website at www.fowlerciy.org.  by unanimous consent of the Council.  Page 1of3    1. 2. 3. 4. 5.  Meeting Called to Order Roll Call  Invocation by Pastor Jesus Valencia from Vision Church  Pledge of Allegiance Ceremonial Presentation  5-A Planning Commissioner Service Recognition  6.  Public Comment  This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per  person and no more than 15 minutes per topic.  7.  Consent Calendar  Items on the Consent Calendar are considered routine and include a recommended action, and shall be approved by one motion of the Council. If a Councimember or member of the public requests additional information or wishes to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember opposes the recommended action for an item, the item should be removed and discussed and acted upon as a separate item. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered  Consent items.  7-A. RATIFY Warrants for October 19, 2021  7-B. APPROVE Minutes of the October 5, 2021 City Council Meeting  7-C. APPROVE an agreement with Fowler Unified School District to provide fueling services to City of Fowler Fleet for the time period of August 1, 2021 - July 31, 2023 and authorize the City Manager to execute the agreement. (Police  Department) General Administration 8-A. Finance  8.  WORKSHOP on Fiscal Years 2019-20 and 2020-21 year-end close. ii. Actions pertaining to Fiscal Year (FY) 2019-2020, 2020-2021, and 2021- 2022 year-end close of the City of Fowler's financial records.  1. APPROVE the Professional Auditing Services Agreement with Bryant L. Jolley, Certified Public Accountants to provide auditing  Page 2 of3    services for the City of Fowler's Finance Department for FY 2019- 2020 and 2020-2021, with the option to add FY 2021-2022 in an 2. APPROVE Budget Amendment Resolution No. 2517 to appropriate $114,000 for FY 2019-20, FY 2020-21, and with an option to FY 2021-22 year-end close of the City of Fowler's  amount not to exceed $114,000.  financial records.  iii. Fiscal Year 2021-22 1st Quarter Financial Report (Informational)  8-B. Public Works  i. Review alternatives and provide staff direction regarding potential request to Caltrans to add median treatment to the State Routh 99 improvement Consider Resolution No. 2523 ADOPTING a Street Cutting Policy.  project.  8-C. City Manager's Office  i. COVID-19 Update Staff Communications (City Manager)  9.  10. City Attorney Report  10-A. Consider APPROVAL of Resolution No. 2522, A Resolution of the City Council of the City of Fowler Authorizing Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 (AB361)  11. Councilmember Reports and Comments  12. Adjourn  Next Ordinance No. 2021-06 Next Resolution No. 2524  CERTIFICATION: Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, October 15, 2021.  OaVAss  Angela Vasquez Deputy City Clerk  Page 3of3    6  6  SITEM 7-A    0 888 : R 8  NNC  888888888 8 d8 88 00 888 d0 888 00 888 888888 8 d8 888  000000000 o o o o  0  000 000000 o o 000  www 3e3 000 ana  000 99    3888888888888888888888 888888888888 8 88888 8 000000000000000000000000 000000000000 o 00000 o  -  00000000000000000000000000  aaaaaaa    88898889  889 mmi 4as  RE  88888888 8 888 888 8888 88888 8 888888888 8 00000000 o o o 000 0000 00000 o o o o o o o 000 o  655 99s    2  388888888888888888888 8888888 8888888888888 888888 60060660000600c6Od 0000000 0000000000000 000000  988888 000O0G    8888 2909  888 8888 8 00 00 00 08 d8 8 d0 d0 388888888888888 8 8 88888 000 0000 o o o o o o o o o 000000000000000 o o 00000  999    8888888 8 0000000 o >  00 60 00 88 888 00 0 888888 888 8 8 888  o o 0 o 000000 000 o o 000  wNW    888888888 8 888888888888 388888888888 8 8 8 000000000 o 000000000000 000000000000 o o o    MINUTES THE FOWLER  ITEM 7-B  OF  CITY COUNCIL MEETING  Tuesday October 5, 2021  Mayor Cardenas called the: meeting to order at 7:00 p. m. Councilmembers Present: Cardenas, Rodriquez, Parra Councilmembers Absent: Kazarian, Mejia  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Assistant Fire ChiefHernandez, Fire ChiefLopez, City Planner Marple, Finance Director Moreno, City Engineer  Peters, Deputy City Clerk Vasquez  5.  PUBLIC COMMENT There was no public comment. CONSENT CALENDAR  6.  Mayor Pro-Tem Rodriquezi madeamotion to approve the consent calendar, seconded by Councimember Parra. The motion carried by roll call vote: Ayes: Rodriquez,  Parra, Cardenas.  7.  GENERAL ADMINISTRATION 7-A. FINANCE  i. APPROVE Budget Amendment Resolution No. 2521 to appropriate $165,684 for the South Kings Groundwater Sustainability Agency. Finance Director Moreno stated staff is requesting approval of Budget Amendment Resolution No. 2521 10 appropriate $165,684. for payment to the South Kings Ground Water Sustainability Agency (SKGSA). She reported funds have been set aside in reserves to cover the prior year payment and the current. year budget amendment needed. Councilmember Parra inquired ifthere was a breakdown ofwhat the S1.2 million dollars will be used for. City Manager Quan stated a GSA budget workshop will be held at the November 2, 2021 Council meeting. Councilmember Parra requesteds staffresearch Proposition 218 as well.  Fowler resident Steve Barela addressed the Council.    Councilmember Parra made a motion to APPROVE Budget Amendment Resolution No. 2521 to appropriate! $165,684 for the South Kings Groundwater Sustainability Agency, seconded by Mayor Pro- Tem Rodriquez. The motion carried by roll call vote: Ayes: Parra,  Rodriquez, Cardenas.  7-B. PLANNING  APPROVE a Disposition and Development Agreement between the City of Fowler and Abdallah Qawadri for City's Surplus Property located at the Northwest Corner of South 7th Street and East Vine Community Development Director Gaffery provided an overview of the proposed Disposition and Development Agreement (DDA). He noted the DDA identifies milestones during the escrow, period, entitlement process, and construction to ensure development occurs on the site. Community Development Director Gaffery reported the sale price is $275,000, with an initial payment of $125,000 and three annual payments of $50,000. He stated the developer is proposing a retail dining establishment and a pita Mayor Pro-Tem inquired about the time frame. Community Development Director Gaffery stated that when escrow closes, the developer will have thirly days to pull building permits and a year to complete construction. Councilmember Parra made a motion to APPROVE a Disposition and Development Agreement between the City of Fowler and Abdallah Qawadri, seconded by Mayor Pro-Tem Rodriquez. The motion carried ii. ADOPTION of Ordinance 2021-04, An Ordinance of the City Council of the City of Fowler Amending the Official Zoning Map of the City to Reflect a Change of Zone for Assessor's Parcel Nos. 340-130-09 and City Planner Marple reported this was a second reading of Ordinance 2021-04 which was introduced. at the previous Council meeting. She stated the ordinance proposes rezoning the two parcels north of Marshall Mayor Pro-Tem Rodriquez made a motion to adopt Ordinance 2021- 04,s seconded by Councilmember Parra. The motion carried by roll call  Street, APNs 343-233-02ST and 3443-233-03ST.  production facility.  by roll call vote: Ayes: Parra, Rodriquez, Cardenas.  340-220-33.  Elementary to Resource Conservation District (RCO).  vote: Ayes: Rodriquez, Parra, Cardenas.    7-C. PUBLIC WORKS  Review alternatives and provide staff direction regarding potential request to Caltrans to add median treatment to the State Route 99 City Manager Quan requested this item be moved to the October 19, 2021 Councilmember Parra made a motion to continue Review alternatives and provide staff direction regarding potential request to Caltrans to add median treatment to the State Route 99 improvement project to October 19, 2021 Council Meeting, seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes: Parra, ii. Introduction of Ordinance No. 2021-05, An Ordinance of the City Council of the City of Fowler Adding Provisions to the Fowler Municipal Code Pertaining to Organic Waste Collection (Staff is recommending this item be continued to a future meeting). Public Works Director Dominguez reguestedimtrodiction ofOrdinance. No. 2021-05 be continued to. November 2, 2021 City Council meeting. Mayor Pro-Tem Rodriquez made a motion to continue Introduction of Ordinance No. 2021-05 to November 2, 2021 Council Meeting, seconded by Councilmember Parra. The motion carried by roll call  improvement project. Council meeting.  Rodriquez, Cardenas.  vote: Ayes: Rodriquez, Parra, Cardenas.  7-D. CITY MAMAGERSOFFICE  COVID-19 Update  CilyManager Quan reported that the Fresno County Department of Public Health' 's data shows Fowler's 's vaccination rate is 66% and staff continues to keep in close communication with FCDPH on any regulatory changes. She alsor reminded Council of the Employee. Appreciation Dinner on Friday,  October 22, 2021.  8.  STAFF COMMUNICATIONS - (CITY MANAGER) 8-A. PUBLIC WORKS DEPARTMENT  Public Works Director Dominguez updated Council on the outdoor lighting around City Hall and the Veterans Day event. Melissa Squeo was on hand to answer any questions  regarding the event.    9.  CITY ATTORNEY REPORT  City Attorney Cross updated Council on AB3 361 eleconferencing requirements. Afier discussion, it was the consensus ofCouncil to adopt a Resolution every thirly days to continue conducting public meetings with teleconference accessibility, pursuant to. Assembly Bill 361. CityAttorney Cross stated  he will. bring a Resolution for adoption at next Council meeting. 10. COUNCILMEMBER REPORTS AND COMMENTS  Mayor Cardenas reminded Council to RSVP for the Employee Appreciation Dinner andi requested assistance in obtaining raffle prizes from businesses. Mayor Cardenas announced the Cilty of Fowler purchased. discounted. Fresno Fair tickets for si@fomiCommisioners in partnership with Mayor Pro-Tem Rodriquez reported the Fall Festival was well attended and a success. He also Councilmember Parra announced he attended the League ofCal Cities last month and was voted in as Second Vice-President of the League. He thanked Mayor Cardenas and the Council. Councilmember Parra noted an Assembly Bill to be on the lookout for regarding distribution  the Latino Water Coalition.  reminded Council about donating candy for the Trunk or Treat event.  centers.  11. ADJOURNMENT  Having no further business, Mayor Pro-Tem made a motion to adjourn the meeting,  seconded by Councimember Parra. The meetinga adjourned at 8:01 p.m.    FOWLER CITY COUNCIL  1908  ITEM NO: 7-C  REPORT TO THE CITY COUNCIL  October 19, 2021 FROM: SUBJECT  Rudy Alcaraz, Chief of Police Dario Dominguez, Director of Public Works  APPROVE an agreement with Fowler Unified School District to provide fueling services to City of Fowler Fleet for the time period of August 1, 2021- July 31, 2023 and authorize the City Manager to  execute the agreement. RECOMMENDATION  Staff recommend approval of an agreement with Fowler Unified School District to provide fueling services to City of Fowler Fleet for the purposes of cost savings and operational use for the time period of August 1, 2021- July 31, 2023 and authorize the City Manager to execute the agreement.  BACKGROUND  Since August 1, 2018, the City of Fowler Police Department ("City") and the Fowler Unified School District ("FUSD") have maintained a services agreement where City of Fowler Police Department Employees have utilized the FUSD fuel station to purchase fuel from FUSD at a lower price per gallon compared to other vendors. Currently, only Police Department vehicles are fueled at the FUSD fuel station. City Staff recommend expanding this arrangement between the City and FUSD for all  vehicles in the City's fleet. FISCAL IMPACT  This agreement would result in a cost savings to all departmental fuel budgets.  Attachment:  A Agreement for Purchase of Fuel between City of Fowler and Fowler Unified School District    AGREEMENT FOR PURCHASE OF FUEL  BETWEEN CITY OF FOWLER AND  FOWLER UNIFIED SCHOOL DISTRICT  THIS AGREEMENT is effective August 1, 2021 by and between the City of] Fowler ("City"), a California general law city, and Fowler Unified School District ("District"),a California public school district with respect to the following recitals, which are a substantive  part of this Agreement.  RECITALS  WHEREAS, City and District both serve the Fowler community, providing municipal WHEREAS, City seeks to obtain gasoline for fuel for use in City's entire motor vehicle WHEREAS, District owns and operates its own fueling station located at 701 East Main WHEREAS, City has determined it is more economical to purchase fuel from District than other available sources, and District is willing to sell fuel to City for use in City's motor  services and educational services, respectively, to residents of the City; and  fleet as part ofits regular operations; and  Street, in the City of Fowler ("Fuel Station"); and  vehicle fleet; and  WHEREAS, City and District believe iti is in the public interest to allow City to purchase fuel from District for use in City' s vehicle fleet, on the terms and conditions as set forth in this  Agreement.  NOW, THEREFORE, in consideration of the promises and mutual agreements herein, Purchase of Fuel. City is authorized toj purchase diesel and gasoline motor vehicle fuel from District for use in City's motor vehicle fleet. City shall pay District for all fuel City purchases under this Agreement at the District's monthly cost per gallon paid to the fuel supplier  City and District agree as follows:  1.  for the month in which fuel is purchased by City.  2. 3.  Term. The term oft this Agreement shall be for the period beginning August 1, 2021 and Records and Invoicing. District shall operate the Fuel Cloud or similar program to maintain a record oft the amount of fuel obtained from District that allows City to track usage by  ending July 31, 2023.    individual vehicle and/or user. City and District shall both have access to the Fuel Cloud program and the records generated thereby. District shall invoice the City by the 15th of each month for all fuel obtained by City during the preceding month. The amount to be invoiced will be the total gallons used multiplied by the per gallon cost to the District for the month being billed. The invoice issued by District to City shall include supporting records from Fuel Cloud and District's fuel supplier to allow City to support the total dollar amount invoiced. The City shall remit to the District payment of the full amount ofthe invoice within thirty (30) days oft the date oft the invoice. In the event the City fails to remit payment to the District with said period of time, the District shall charge the City interest in the amount of4% per annum on all outstanding  balances. 4.  Access to FuelStation. City shall identify those individuals who are authorized to fuel City's vehicles ("Authorized Individuals"). District shall provide Authorized Individuals with 24-hour access to the Fuel Station and keys and/or access credentials for each Authorized Individual to access the Fuel Station, fuel pumps, and to track fuel usage. City shall maintain the Fuel Station in good repair and clean condition, returning the Fuel Station to the condition in which City personnel found it prior to access and fueling. Outside normal school hours, City shall ensure gates are closed and locked, and pumps are secured prior to leaving the Fuel Station. City shall return keys and/or access credentials tol District upon termination or expiration of this  Agreement. 5.  Exclusions. The provisions of this Agreement are for the purchase of gasoline motor vehicle fuel by City from District for the use in City's vehicles only. No fuel provided hereunder may be used for vehicles other than those owned or leased by the City of] Fowler..  6. needs. 7.  Priority. District use oft the Fuel Station and diesel and gasoline motor vehicle fuel shall have priority over City's fuel needs. City shall not unreasonably interfere with District's fuel  Termination. Either party may terminate this Agreement at any time upon written notification thirty (30) days prior to the desired date oft termination, via U.S. Certified Mail, return receipt requested, postage paid, addressed to the other party, at the following addresses:  Iftol District:  Fowler Unified School District 658 East Adams Avenue Fowler, CA 93625 Attention: Superintendent City ofl Fowler 128 South Fifth Street Fowler, CA 93625 Attention: City Manager  Ifto City:  8.  Indemnity. The parties hereby agrees to indemnify, defend and hold the other party, its governing board, officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities,  2    (including without limitation reasonable attorney fees and costs ofl litigation) of every nature arising out of or in connection with this Agreement, including but not limited to the use ofthe Fuel Station, the condition oft the Fuel Station and District's property, and the alleged or actual acts, errors, omissions or negligence of the indemnifying party or anyone authorized or permitted to act on behalfoft the indemnifying party to the fullest extent permitted by law, unless the injuries or damages are the result oft the sole negligence or willful misconduct oft the party to be indemnified, subject to any limitations imposed by law. District and City agree that said indemnity and defense obligations shall survive the expiration or termination ofthis Agreement for any items specified herein that arose or occurred during the term oft this Agreement. Insurance. Each party shall, at its own expense, maintain for the duration ofthis Agreement, insurance or self-insurance for commercial general liability and automobile liability against injuries to persons or damages toj property occurring or resulting to any person, firm or corporation who may be injured or damaged by performance, or failure to perform, of the party, its officers, agents, or employees under this Agreement. Coverage shall be at least $1,000,000 per occurrence for bodily injury and property damage. The insured party shall name the other party and its governing board and members thereof, officers and employees as additional insureds. Any deductibles or self-insured retentions must be declared to and approved by the other party. The insured party shall furnish to the other party proof of the insurance or self- insurance satisfactory to the other party upon approval oft this Agreement and on such other 10. Assignment. City shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent oft the District. Any attempted assignment or 11. Amendment. Any amendments to this Agreement must be in writing and must be executed by the same parties who executed the original Agreement, or their successors in office. 12. Counterparts. Agreement may be signed in counterparts, such that signatures appear on separate signature pages. A copy or original oft this document with all signature pages appended together shall be deemed a fully executed Agreement. Facsimile signatures will be considered  9.  occasions as may thereafter reasonably be requested.  transfer in violation oft this provision shall be void.  original signatures. first written above. FOWLER UNIFIED SCHOOL DISTRICT  IN WITNESS WHEREOF, the parties have entered into this Agreement as oft the date  CITY OF FOWLER  By:  By:  Paul Marietti Superintendent  Wilma Quan City Manager  Date:  Date:  3    FOWLER CITY COUNCIL  908  ITEM NO: 8-Aii  REPORT TO THE CITY COUNCIL  October 19, 2021 FROM: SUBJECT  Margarita Moreno, Finance Director  Actions pertaining to Fiscal Year (FY)2019-2020, 2020-2021, and 2021-2022 year-end close of  the City of Fowler's financial records.  1. Approve the Professional Auditing Services Agreement with Bryant L. Jolley, Certified Public Accountants to provide auditing services for the City of Fowler's Finance Department for FY 2019-2020 and 2020-2021, with the option to add FY: 2021-2022 inan 2. Approve Budget Amendment Resolution No. 2517 to appropriate $114,000 for FY 2019- 20, FY 2020-21, and with an option to FY2021-22 year-end close of the City of Fowler's  amount not to exceed $114,000.  financial records. RECOMMENDATION  Staff recommend approval for auditing services agreement with Bryant L. Jolley, Certified Public Accountants in an amount not to exceed (NTE) $37,000 for auditing services for the Fiscal Year (FY)2019-20, (NTE $38,000) for FY 2020-21 and an option to add FY 2021-22 (NTE $39,000) year-end close of the City of Fowler's financial records, authorizing the City Manager or her designee to execute the agreement on behalf of the City; and adoption of proposed Budget  Amendment Resolution No. 2517 to appropriate $114,000 for this agreement.  BACKGROUND  Ino order to address the current state of the City's financial records it is recommended that Council approve a Professional Auditing Services agreement with Bryant L. Jolley and a related Budget  Amendment Resolution appropriating an amount NTE $114,000.    City's current auditor, Borchardt, Corona, Faeth & Zakarian, Certified Public Accountants, has been the City's auditor since 2004. Itwas recently brought to staff's attention that Gus Corona, the City's primary auditor, will be retiring later this year and the City must retain another auditor to continue with the audits, starting with the FY2019-2020 audit. Historically, the City has paid annual average costs of approximately $40,000 to Borchardt, Corona, Faeth & Zakarian, CPA for annual As Council knows, the City is attempting to get caught up on its annual audits for FY 2019-2020 and FY 2020-2021. Due to the urgency of this situation and the importance of having current financial statements and audits, it is recommended that Council confirm dispensing with the formal competitive purchasing process and award the Professional Auditing Services agreement with Bryant L. Jolley consistent with the City's Purchasing Policy, Section 7 - Exceptions to Purchasing Methods, Subsection I, which authorizes Council to waive the formal process when Staff believes Bryant L. Jolley is uniquely qualified to begin work associated with the proposed scope of services immediately. Bryant L. Jolley is uniquely qualified to perform this work because of their experience in dealing with the small cities in the San Joaquin Valley with similar circumstances; their long list of references who commend their work product; their familiarity with the City of Fowler's accounting system; and their established and good working relationship with  audits.  immediate commencement of services is in the best interest of the City.  the City, as well as Price Paige & Company, Accountancy Corporation.  FISCAL IMPACT  Rectifying the financial situation that currently exists within the City of Fowler is a critical element inn moving the City forward as well as managing its day-to-day operations. The Finance Director has confirmed that there is sufficient General Fund and Water Fund balances to cover the not to  exceed amount of $114,000 for this auditing services agreement.  Attachments:  Professional Auditing Services Agreement -Budget Amendment Resolution No. 2517    CITY OF FOWLER  PROFESSIONAL AUDITING SERVICEAGREEMENT  This Professional Auditing Services Agreement ("Agreement")! is entered into between the City of Fowler, a California general law city ("City") and Bryant L.. Jolley, Certified Public Accountants ("Consultant"): with respect to the following recitals, which are a substantive part of this Agreement. This  Agreement shall be effective on October 20, 2021 ("Effective Date").  RECITALS  A. City desires to obtain auditing services for the City's Finance Department for Fiscal Year (FY)2019- 2020 and 2020-2021, with the option to add FY 2021-2022 ("Services") more fully described int the proposal  from Consultant attached as Exhibit A, which isi incorporated herein by reference.  B.  Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required liçenses, certifications, security/bonding, and/or training necessary to perform the Services. C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the NOW, THEREFORE, in consideration oft the promises and mutual agreements herein, City and  terms and conditions as set forth in this Agreement.  Consultant agree as follows:  AGREEMENT  1.  Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable. City may exercise the option to add auditing services for FY 2021-2022 by  delivering written notice to Consultant.  2.  Priority and Conflicts: Exclusions. Ifthe terms and requirements ofthis Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant's liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant. Term of Agreement: Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until satisfactorily completed, as determined by City. Consultant shall complete the Services not later than December 31, 2022 ("Completion Date-"), unless extended beyond this date by mutual consent oft the Parties. This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein. City and Consultant shall mutually agree on a schedule for performance ofthe Services and completion ofa any deliverables. The schedule shall be subject to modification based on the City's operational needs. City will notify Consultant in advance ofa any modification to thes schedule.  3.  4.  Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to Consultant's standard hourly rate(s). The amount paid by City to Consultant for the Services shall not exceed Thirty-Seven Thousand Dollars ($37,000) for thel FY2019-20, Thirty-Eight Thousand Dollars ($38,000) for FY: 2020-21, and Thirty-Nine Thousand Dollars (39,000,f0:FY2021-2,    ifCity exercises the option to add auditing services for FY 2021-22. The total amount paid by City to Consultant shall not exceed One Hundred Fourteen Thousand Dollars ($114,000): ift the Services are The foregoing isi inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after  performed for FY 2019-20, FY 2020-21, and FY 2021-22.  receipt ofinvoice. 5.  Independent Contractor Status. Consultant and its subcontractors, ifany, shall perform the Services asi independent contractors and not as officers, employees, agents or volunteers ofCity. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course ofCity's business. Consultant is free from the control and direction of City in connection with the manner of performance oft the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any  claim or right of action against City.  6.  Consultant Representations: Standard ofCare: Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and willl be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will bet throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized toj perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.  7. 8.  [Reserved]  Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, ifany, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in  this Agreement. 9.  Power to Act on BehalfofCity. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalfo of City except as may be expressly authorized in advance in writing from time to time by City and then only to 10. Record Keeping: Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors tol keep similar records. City shall be given reasonable access to the records ofConsultant and its subcontractors fori inspection and audit purposes. Consultant shall provide City with a working draft ofall reports upon reasonable request by City  the extent ofs such authorization.  and of all final reports prepared by Consultant under this Agreement.  2    11. Ownership and Inspection ofI Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property ofCity. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination ofthis Agreement and shall survive 12. Confidentiality- All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance oft the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractorst to  for four (4), years from the date of expiration or termination ofthis Agreement.  bel bound to these confidentiality provisions.  13. [Reserved]  14. Conflicts of Interest. Consultant warrants that neither Consultant nor any ofi its employees have an improper interest, present or contemplated, in the Services which would affect Consultant's or its employees' performance oft the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any ofi its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance oft the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of 15. Non-liability ofOfficers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors ini interest, in the event ofa default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms oft this  any City Board or Commission.  Agreement. 16. [Reserved]  17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless  terminated earlier pursuant to the following:  a.  Termination by City: For Convenience. City may at its discretion terminate this Agreement  for convenience and without cause upon ten (10) days prior written notice to Consultant. Upon receipt ofa termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected,  unless the notice directs otherwise.  b.  Termination by City or Consultant: For Cause. Either party may terminate this Agreement  upon ten (10) days prior written notice to the other party ofa material breach, and a failure within that time  period to cure or commence reasonable steps to cure the breach.  C.  Compensation to Consultant Upon Termination. Consultant shall be paid compensation for  Services satisfactorily performed prior to service oft the written notice oft termination. As to anyp phase  3    partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value ofi its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation ofs such part as specified Section 4. In the event oftermination due to Consultant'si failure to perform in accordance with the terms oft this Agreement through no fault ofCity, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. discontinue all Services affected, unless the notice oft termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant inj performing this Agreement, whether completed or in process. Consultant 18. Insurance. Consultant shall satisfy the insurance requirements set forth in] Exhibit] B. 19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes ofaction, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs ofl litigation) ofevery nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence ofConsultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data andi information obtained from City necessary to perform the Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result ofCity's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination ofthis Agreement for any items specified herein that arose or occurred during the term oft thisAgreement. 20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers' compensation insurance, sociai security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business license from City and pay the applicable business license fee to City during the term ofthis Agreement. 21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event ofa an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms oft this Agreement to any other individual, corporation or entity. City 22. Form and Service ofl Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall bei in writing and shall be deemed properly delivered, served or given by one ofthe  d.  ElectofTermination, Upon termination ofthis Agreement, Consultant shal!: (i) promptly  may not refuse to provide such Work Product for any reason whatsoever.  retains the right to pay any and all monies due Consultant directly to Consultant.  following methods: a. delivery. b. ofacknowledgement  Personally delivered to the party to whom it is directed. Service shall be deemed the date of Delivered by e-mail to al known address oft the party to whom it is directed provided the e-  mail is accompanied by an acknowledgment ofr receipt by the other party. Service shall be deemed the date  4    C. delivery. d.  Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be  to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of  deemed delivered seventy-two (72)hours after deposit.  23. EntireAgreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended 24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the  only by written instrument signed by both City and Consultant. parties hereto and their respective successors and assigns.  25. [Reserved]  26. Severability. In the event any term or provision oft this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will bei interpreted as though such invalid or illegal provision were not aj part ofthis Agreement. The remaining provisions will be construed to preserve the intent and purpose oft this Agreement and the parties will negotiate in good faith to modify any 27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State ofCalifornia. The language of all parts ofthis Agreement shall, in all cases, be construed as a whole, according to its fairi meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. 28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision ofthis Agreement shall be deemed, or shall constitute, a waiver ofany other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure ofe either party to enforce any provision ofthis Agreement shall not constitute a waiver of the right to compel 29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon 30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall 31. Alternative Dispute Resolution. Ifa dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs ofr mediation. Ifmediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.  invalidated provisions to preserve each party'santicipated benefits.  enforcement of the remaining provisions of this Agreement. any party not a signatory to this Agreement. be deemed a fully executed Agreement.  5    Demand for mediation shall bei in writing and delivered tot the other party to this Agreement. A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. Ini no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by 32. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual  California statues oflimitations.  orientation, marital status, and disability.  Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.  CONSULTANT By: Bryant L.. Jolley, CPA Date:  CITY OF FOWLER  By: Date:  Wilma Quan, City Manager  Party Identification and Contact Information:  Consultant Bryant L. Jolley, CPA Attn: Bryant L.. Jolley 901 "N" Street, Suite 104 Firebaugh, CA 93622 panpoley@hamail.con (559)659-3045  City of Fowler Attn: Wilma Quan City Manager 128 S. 5th Street Fowler, CA 93625 quan2clfowleraus (559)834-3113  Awd08s025000lug100895248.DOC  6    EXHIBIT A  CONSULTANT PROPOSAL  7    PROPOSAL Tol PROVIDE PROFESSIONALAUDITING SERVICES  City of Fowler  Bryant L. Jolley, CPA 901 "N" Street, Suite 104 Firebaugh, Ca 93622 Phone: (559) 659-3045 Fax: (559)659-0615 FID #94-2706107 September1,2021    TABLE OF CONTENTS  Transmittal Letter Technical Proposal.. Firm Experience. Audit Approach. Cost Proposal. External Quality Control Report..  1-2 3-8 3-4 4-5 5-8 9-10  Staff Qualifications and Experience    BRYANT L. JOLLEY CERTIFIEDPUBLIC, ACCOUNTANTS  Bryant L.J JolleyC.P.A. Ryan P.J JolleyC.P.A. Darry/LSmithCPA. Luis A. PerezC.P.A. Lan" T. Kimoto  September 1, 2021 Wilma Quan, City Manager City of Fowler 128 S. 5th Street Fowler, CA 93625  We are pleased to provide this response to the City of Fowler's, request for proposal for an independent accounting firm to provide audit and related financial services for the fiscal years We understand the scope of work will include Audited Financial Statements for the City of Fowler, a Single Audit if applicable, and a Management Report. We also understand the audit and reports are to be conducted in accordance with generally accepted government auditing standards as set forth by the General Accounting Office's (GAO) Government Auditing Standards and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State, Local Governments, and Non-Profit Organizations. Finally, we understand the objective of the services to be performed and commit to performing those services within the time period We have specialized in the auditing of cities and special districts over the past 40 years and have performed over 600 district and city audits. Our firm consists of five professional staff who have over a hundred years combined governmental auditing experience making us We seek to conduct the City audit because we feel our experience and expertise with government audits makes us a perfect fit for the engagement. We can provide value to the City through the quality of our work, the timeliness of our performance, our knowledge of governments, team consistency, and, most important, a strong relationship among the people on our team and with City staff. In addition, we are a local firm that supports the local In the following proposal, you will see that our firm is capable of consistently delivering high levels of value to the City. You will work with an auditor that is stable and responsive. You will receive accurate, reliable, and timely service that is fairly priced. And you will have continual access to senior-level team members who are knowledgeable, qualified, and Ryan P. Jolley, CPA will serve as the principal contact authorized to make representations on behalf of this bid. This proposal is firm and irrevocable offer for 30 days. He can be reached by phone at 559-287-1527 or by mail at 901 "N" Street, Suite 104, Firebaugh, CA 93622.  ending. June 30, 2020 and 2021 with an option to extend to 2022.  specified by the City of] Fowler.  premier auditors of local governments.  economy.  consistent.  901 "N" STREET, SUITE1 104 FIREBAUGH, CALIFORNIA9 93622  PHONE 559.659.3045  FAX559.659.0615    We are eager to work with the City and demonstrating our commitment to providing a cost- effective, high-quality audit for the City. We look forward to your response and meeting with you to further discuss a possible relationship. Thank you for your consideration.  Sincerely, Re Bryant L. Jolldy,  2    TECHNICALPROPOSAL  Our firm is independent of the City of Fowler as defined by the U.S. General Accounting Office's Government Auditing Standards. Our firm is licensed to operate as a certified public accounting firm by the State of California. All professional staff is properly licensed to practice in California. Our firm maintains professional liability, workers' compensation, Our firm consists of four CPA's and two senior audit staff who have over a hundred years combined governmental auditing experience making us premier auditors of local governments. Because of the size of our firm and the experience of the individuals, all five Our firm is in compliance with all GAO standards for continuing education and we recently completed a peer-review of our work, which included government engagements, by an independent CPA firm for which we received the highest rating ofj pass (page 11). The people who serve you today will be the people who serve you tomorrow. Our firm's turnover rate is low, which ensures continuity on your engagement. Our firm only consists of senior level members who have significant years of governmental experience. Your engagement team will not contain staff accountants nor will you have to train new audit team members in succeeding years. We highly emphasize senior level involvement because these are the team members who know the most about you and your operations. Their involvement assures quick resolution of issues, better job management, closer supervision, and expeditious review of work papers. These are the people who will The following information outlines the qualifications and experience of the individuals who  and automobile insurance.  members of our firm will be involved in this engagement.  remain consistently committed to your engagement.  would be assigned to the engagement.  QUALIFICATIONS OF YOUR AUDIT TEAM  BRYANT] JOLLEY,CPA  AUDIT ROLE: CLIENT SERVICE PARINER/ENGAGENENTREVIEVEK  Bryant Jolley will be the in-charge person for the City audit. He has been a licensed CPA since 1976 and has operated his own firm since 1980. He graduated from Brigham Young University in 1974 and did graduate accounting studies at the University of Southern California. His initial training as an auditor was with Deloitte Touche, an international CPA firm. The first governmental audit he performed was in 1979 and he has been extensively engaged in governmental accounting since that date. He is the in charge person on an average of thirty city or special district audits each year. This experience allows him to have a unique understanding of the accounting and fiscal problems facing governmental units and provide concrete recommendations to improve overall efficiencies. He has received over 80 hours of govemment-speclic continuing professional education over the last two years and is a member of the American Institute of Certified Public Accountants and the California Society  ofCertified Public. Accountants.  3    RYANJOLLEY,CPA AUDIT ROLE: ENGAGEMENTPARTNEK  Ryan Jolley is a licensed certified public accountant who joined our firm in 2004. He graduated with an undergraduate degree in accounting in 2002 and entered the Masters program in accounting at San Diego State University the same year. During this period he started work as a staff auditor with Moss Adams LLP, a large national CPA firm. He interned with our firm for several summers during college and worked on numerous governmental audits. He was the primary senior nomproli/goremmenta. auditor for the Moss Adams San Diego office. Since then he has worked extensively with several cities helping them with the GASB 34 conversion process. He has over 12 years of experience with auditing municipalities, colleges, and commercial entities as well as conducting Single  Audits under OMB Circular A-133s standards.  LUIS PEREZ, CPA  AUDIT ROLE: ENGAGEMENTMANAGER/IN-CHARGEAUDITOR  Luis Perez is a licensed certified public accountant and has 10 years of experience auditing non-profit organizations and cities. Additionally, he has helped many non-profits, cities and districts with temporary accounting projects or other operational emergencies. This has provided him with extensive working knowledge of non-profits and allows him to be available for normal accounting questions or assistance throughout the year. He is a  member of the American Institute of Certified Public. Accountants.  LANI KIMOTO  AUDIT ROLE: ENGAGEMENTA MANAGER  Lan began her accounting career after receiving a Bachelor of Science in Business Administration and graduating Cum Laude in May 2005 from California State University, Fresno. Prior to joining Bryant L. Jolley, CPA, she was the Finance Director at the City of Orange Cove and worked with two large local CPA firms, working exclusively in the governmental and nonprofit arena. Lan has planned, performed and served as in-charge auditor for numerous engagements and prepared audit programs for both large and small government and nonprofit enterprises. Her experience includes preparation of financial statements that comply with GASB standards, as well as single audit compliance. Lan is in compliance with the continuing education requirements of the AICPA and Government Auditing Standards. She was also responsible for providing consulting services to the City of Fowler in the past to assist with audit preparation and reconciling the City's general ledger  accounts.  OUR EXPERIENCE AUDITING GOVERNMENT ENTITIES  City of Kerman  Principal Contacts: Carolina Camacho, Finance Director 559-846-9382)  Engagement Dates: June 30, 2021 Approximate StaffHours Expended: 200 hours  Scope of Work: Audited Financial Statements, Annual Financial Transaction Report    City of Coalinga  Principal Contacts: Jasmin Bains, Finance Director (559-935-1531) Engagement Dates: June 30, 2021 Approximate StaffHours Expended: 250 hours  Scope of Work: Audited Financial Statements, Annual Financial Transaction Report  City of Firebaugh  Principal Contacts: Pio Martin, Finance Director (559-659-2043) Engagement Dates: June 30, 2021 Approximate Staff Hours Expended: 250 hours Scope of Work: Audited Financial Statements  City of San Joaquin Engagement Dates: June 30, 2021 Approximate StaffHours Expended: 150 hours  Principal Contacts: Elizabeth Nunez, City Manager (559-693-4311)  Scope of Work: Audited Financial Statements, Annual Financial Transaction Report Principal Contacts: Paul Melikian, Assistant City Manager (559-637-4200)  City of Reedley  Engagement Dates: June 30, 2021 Approximate StaffHours Expended: 250 hours  Scope of Work: Audited Financial Statements, Annual Financial Transaction Report Note: Seven additional Cities we audit separate from the above available upon  request.  HOwWE APPROACHYOUR AUDIT  Our effective and efficient government audit approach combines knowledge of governmental accounting and auditing with an understanding of the associated risks. We are value-driven and seek to maximize the return on your investment in the audit process through in-depth analysis of your financial statements and your internal controls. Throughout the engagement, our team will collaborate with your staff whenever possible to minimize costs and improve efficiencies. Of course, we will need assistance with preparing schedules, finding documents, explaining processes, and providing sample documentation,  budget related materials, organizational charts, and manuals.  Audit Standards  The auditor's opinion will be directed toward the fairness of presentation of the financial statements in accordance with Generally Accepted Auditing Standards (GAAS). We will prepare the Annual Financial Report in conformity with Government Code Section 26909, Generally Accepted Accounting Principles (GAAP), and Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States General Accounting  Office.  5    Pre-Audit  We are very familiar with the audit issues facing government entities. We have adjusted our audit services to incorporate these specialized areas and approach the audit from the  following aspects:  Where are the City's greatest exposures? How does the City safeguard against risks? How does the City internally evaluate its organization? What are the controls used by the City to measure accountability?  Our approach to the City's audit is truly a design that will be as unique as the City itself and is based on the areas we find to be the most vulnerable. Our focus includes evaluating internal controls that ensure adherence to applicable federal and state laws and regulations. We place a substantial amount of our time reviewing and assessing such high-risk areas during our evaluation. This risk-based approach focuses our efforts on what is important to you and your stakeholders and enables us to present you with meaningfulsuggestions. We monitor our performance using a variety of qualitative and quantitative measures. First and foremost, we honor our agreement with you, completing the engagement on-time and on-budget. When you talk to our references, you will find that this sets us apart from most regional and national CPA firms. Typically in a first year audit engagement, we invest additional time in your audit, which is not billed to you as cost over-runs. Rather, we view it We measure our audit performance in the response we receive from the City and its staff. In addition, we report directly to management and the Board in face-to-face meetings,  as an investment in our long-term professional relationship.  providing meaningful. information and answering questions directly.  Segmentation of the Audit  Our audit involves a logical sequence of five steps that ensures compliance with the applicable professional standards and the expeditious completion of the audit. We will tailor - Planning First, we learn everything we can about the City and its related organizations from organizational structure to policies and procedures. We read meeting minutes, review budgets, assess manuals and programs, hold discussions with key management staff, and evaluate management information systems. Based on what we learn, we develop our expectations regarding current year results, and then compare our expectations to actual results. This helps us develop risk assessments for each audit segment to determine what level of control testing and/or substantive testing is necessary to address the assessed risk. We then 2 Control Testing - Depending on our risk assessments, we determine specific audit cycles to test for internal controls and we evaluate the results. Based on the results against our expectations, we then determine if any modification is necessary to our planned substantive audit procedures on ending account balances and transactions. Based on the information we have obtained to date, we plan to test controls to obtain moderate to substantial reliance over  our audit to the needs and complexity oft the City.  design our audit program accordingly.  6    cash and investments, revenues and related receivables, expenses and related payables, capital outlay, and long-term debt. This is subject to change once we gather more information as part 3 Substantive Testing - Our overall objective is to achieve a low level of risk of error in ending account balances. After we have performed our preliminary analytical and internal control tests and evaluated the results, we determine the nature, timing, and extent of detailed audit procedures on ending account balances and transactions necessary to achieve a low level 4 Compliance Testing - The State requires testing organizational compliance with certain laws and regulations. In addition, we will test your compliance with federal laws. We have specially-designed audit programs that ensure we adequately address bothareas. 5 Report Writing and Review - After all the fieldwork is complete, we draft our opinions and other reports. As part of our firm's quality control process, Bryant Jolley is required to review our audit files and report to improve the quality of our audits and to ensure optimum quality. We have a requirement that only personnel involved in our governmental service team can be involved in the review of our work. This ensures that our clients are served with 6 Statistical Sampling Sampling to be used during our audit will include random sampling methods for tests of controls and for substantive tests of details. Sampling will be used We will select the most appropriate sampling technique for a given compliance test, tailored 7. Analytical Procedures - Analytical procedures are generally performed throughout the audit engagement, and result in substantial discussion with management. Initially, at the planning phase of the audit, comparisons are made between current and prior year results, actual and budgetary information, and to industry benchmarks. We use common size financial statements and trend and ratio analyses to aid us in developing our audit plan and programs. Non-financial data and external information are incorporated in our procedures to enhance their validity, and information is disaggregated as much as possible to improveprecision. During our substantive testing of balances, we typically analyze the detail of changes to certain accounts. For example, this approach is often used with sampling in our testing of capital asset, At the conclusion of the audit, we again employ analytical procedures similar to those used at the planning phase. The audit team takes a holistic view of the financial statements in light of the results of all other auditing procedures performed. We discuss our observations with management and provide information to the Board as part of our audit result presentation. Our clients find this to be the most important value of their annual audit process. It produces beneficial information far beyond the audit of the financial statements they initiallyexpect.  of our audit planning procedures.  of risk that errors could be present withoutdetection.  professionals trained: in governmental auditing and accountings standards. throughout the engagement to test most financial statementbalances.  tot the type and nature of the test.  long-term debt and investment accounts.  AUDIT: Documentingintemal control structure  Obtain copies of all available system and policy/procedure documentation from City finance, treasury, human resources, information technology, grant management, budget department, and personnel. This will include organization charts, narratives and  7    flowcharts. Copies will be retained in our permanent working paper file. This Review the above-described documentation and meet with City personnel to make Document and assess the adequacy of internal controls over the various City systems, and develop preliminary risk assessments for each of them. As mentioned earlier in our discussion of audit approach, the framework of this system incorporates the requirements ofa auditing standards related to internal control and fraud detection. At the planning phase of our audit and in accordance with Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit, we will hold a brainstorming meeting to discuss fraud risks related to the City and design the audit to take those risks into account. Provisions of this new and important auditing standard will be incorporated  documentation will be updated annually for any changes. inquiries about, and discuss questions that arise from, our review.  throughout our audit.  8    COST PROPOSAL  Submitted By:  Firm Name: BryantI LJolley.CPA  Ihereby certify that the undersigned is authorized to represent the firm stated above, and empowered to submit this bid, and ifs selected authorized to sign a contract with the City, for  the services identified in the Request For Proposals.  -  Signature:  Kope  Printed Name: Bryant L. Jélley this work is as follows:  Date: September 1.2021  Our services will include the City audit and a Management Report. The all-inclusive fee for  Service  2019/20 2020/21  2021/22  City Audit and Related Reports Total for Fiscal Year (not-to Single Audit, if required Total including additional services for Fiscal Year (not- to exceed)  $33,000 $34,000 $35,000 $33,000 $34,000 $35,000  exceed)  $4,000  $4,000  $4,000  $37,000 $38,000 $39,000  This proposal is made with the assumption that the City's books and records will beina reasonably balanced condition and reconciled at the start of the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We agree the City may broaden the scope of our engagement and we agree to hold ourselves available to perform such additional work as the City may desire. A final billing will be submitted upon delivery of all required reports. No billings will be made for out-of-pocket expenses or any other expenses such as typing, Below is our Hourly Rate Schedule for hourly charges for professional services rendered in relation to any additional services that may be requested by the City. Most often, larger additional projects have negotiated maximums. Should you require such services, we would  clerical, printing and travel costs.  be pleased to discuss them with you.  9    Hourly Rates $200 $175 $150  Hours Required Audit Fee 30 60  Partners Managers Seniors Total  $6.000 $10.500 110 $16.500 200 $33.000  10    Grant Bennett Associates  APROFESSIONAL CORPORATION  Report on the Firm's System of Quality Control  September 18, 2020  To Bryant L Jolley and the Peer Review Committee of the California Society of CPAS  We have reviewed the system of quality control fort the accounting and auditing practice of Bryant LJ Jolley (the firm) in effect for the year ended May 31, 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American As summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at watpaorgprummay. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Thet firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for Our responsibility is to express an opinion on the design of the system of quality control and thet firm's Engagements selected for review included engagements performed under Government Auditing Standards, As ap part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if In our opinion, the system of quality control for the accounting and auditing practice of Bryant L. Jolley in effect for they year ended May 31, 2020, has been suitably designed and complied with to provide thet firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Bryant LJ Jolley has received  Institute of Certified Public Accountants (Standards).  Firm's Responsibility  remediating weaknesses in its system of quality control, if any.  Peer Reviewer's Responsibility compliance therewith based on our review. Required Selections and Considerations including a compliance audit under the Single Audit Act. applicable, in determining the nature and extent of our procedures.  Opinion  ap peer review rating of pass. SBaat. Jansus GRANT BENNETT. ASSOCIATES AF PROFESSIONAL CORPORATION Certified Public Accountants  1375 Exposition Boulevard, Suite 230 Sacramento, CA 95815 916/922-5109 FAX 916/641-5200  P.O. Box 223096 Princeville, HI 96722 888/769-7323  GBA CPA www. gbacpa.com    EXHIBIT B  INSURANCE REQUIREMENTS  Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant's performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable  to the City. a. (i)  Minimum Limits of] Insurance. Consultant shall maintain the following types ofi insurance Professional Liability Insurance (Errors and Omissions) in an amount not less than  with limits no less than specified:  $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period off five years following the earlier of completion of Consultant's Services under this (ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. IfCommercial General Liability insurance or other form with a general aggregate limiti is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate  Agreement or termination of this Agreement.  limit shall be twice the required occurrence limit.  (iri) Worker's Compensation Insurance as required by the State ofCalifornia. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for (v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the Minimum Limits ofInsurance," this insurance policy(ies) shall "follow form"and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit ofthe  bodily injury and property damage.  City, its officers, officials, employees, agents and volunteers.  fConsultant maintains higher limits than the minimums shown above, the City shall be entitled to  coverage at the higher limits maintained. contain, the following provisions:  b. (i)  Other Insurance Provisions. The general liability policy is to contain, or be endorsed to For any claims related to the Services performed pursuant to this Agreement, the  Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess ofthe Consultant's insurance and shall not  contribute with it.  8    (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior tot the cancellation, non-renewal, or material modification  oft the coverages required herein.  (ini) Consultant grants to the City a waiver ofa any right to subrogation which any insurer ofs said Consultant may acquire against the City by virtue oft the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver ofs subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement (iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant toj purchase coverage with al lower deductible or retention or provide proof ofa ability to pay losses and related investigations, claim administration, and defense expenses  from the insurer.  within the retention. C.  Evidence of Coverage. Consultant shall deliver to City written evidence oft the above  insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production ofs such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof(either as to the type or amount ofsuch insurance), shall by this section, City may (but is not required to) purchase such insurance on behalfofConsultant, and the Consultant shall pay the cost thereof1 to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance  not be deemed. a waiver of City's right to insist upon such insurance later.  d.  Maintenance of Insurance. IfConsultant fails to furnish and maintain the insurance required  with funds otherwise due Consultant under this Agreement.  e.  Subcontractors. Ifthe Consultant should subcontract all or any portion of the work to be  performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor toa adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of  subcontractor's insurance shall have the same impact as described. above.  I. circumstances. g.  Special Risks or Circumstances. The City reserves the right to modify these requirements,  including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special  Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements  in this section shall not in any way limit, in either scope or amount, thei indemnity and defense obligations  separately owed by Consultant to City under this Agreement.  9    RESOLUTION NO. 2517  A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER AUDITING SERVICES FOR FISCAL YEAR 2021/2022  APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR PROFESSIONAL WHEREAS, the FY 2021/2022 Annual Budget reflects the City of Fowler's ongoing WHEREAS, the FY 2021/2022 Annual Budget was approved by the City Council on June 15, 2021, by Resolution 2504, and any subsequent amendments must be approved by  commitment to providing core services; and  Resolution; and  WHEREAS, the budget amendment request attached hereto specifies the details of NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2021/2022 budget be amended to reflect professional auditing services appropriations PASSED, APPROVED AND ADOPTED this 19th day of October 2021, at a regular meeting  the proposed professional auditing services budget amendment.  as described in the attachment hereto.  of the Fowler City Council by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    908  REQUEST FOR BUDGET AMENDMENT  Resolution 2517  Requested by: Margarita Moreno Account Numbers: Revenues: 100 500 Appropriations: 100-6030-5220 500-5000-5220  Budget Amounts Increase  Fund Name Description GENERAL FUND WATER FUND  Decrease $76,000 $38,000  GENERAL FUNDPROFESSIONAL SERVICES WATERPROFESSIONAL SERVICES  $76,000 $38,000  Reason(s) for Budget Amendment:  To align the expenses to the FY: 2021/2022 budget, staff is requesting budget amendments to the following funds for  professional auditing services for financial reporting FY 19-20, FY20-21 and FY: 21-22.  Department  Date  Dilnagant Oang  lo/is/Zoz!  Approval Required Budget Amendment:  Finance Director City Manager  Date  Signature  Date Denied Date  Signature  City Council: JApproved Resolution #    FOWLER CITY COUNCIL  1908  ITEM NO: 8-Aili  REPORT TO THE CITY COUNCIL  October 19, 2021 FROM: SUBJECT  Margarita Moreno, Finance Director  Fiscal Year 2021-22 1st Quarter Financial Report (Informational)  RECOMMENDATION  None.  BACKGROUND  The quarterly report summarizes the City's revenue and expenditure activity for the first quarter of the  fiscal year from July 1, 2021 through September 30, 2021 by fund type.  GENERAL FUND  REVENUES (Attachment A)  As summarized in Attachment 'A, the General Fund revenues received in the first quarter ending September 30, 2021 total 8% of the annual budget estimates while expenditures are on target at 26%. It is important to note that certain revenues are collected at various times throughout the year and, therefore, not reflected in the first quarter report. For example, the first installment of property tax revenues are collected in December/January. Staff is confident that projected revenues and  expenditures will be consistent with what was budgeted.  PROPERTY TAX - 1% The major portion of property tax revenue is not scheduled to be distributed to cities until the end of December or early January. The mid-year or second quarter report will better  reflect actual revenues compared to projections.    PERMITSILICENSES 36% Charges for services are on target for the quarter. Building permits are at $202,000 and plan check fees at $24,000 which make up a large portion of these estimated FINES & FEES- 8% The first quarter reflects one month worth of court fines & fees received at 8%. USE OF MONEY & PROPERTY RENTAL INCOME - 15% Revenues from rental and interest income are on target. The majority of rental income are received from Unwired broadband for the MOTOR VEHICLE IN LIEU - 0% The motor vehicle in lieu revenues are property tax shares allocated to cities and counties that began in fiscal year 2004-2005 as compensation of Vehicle License Fee previous allocated to cities and counties by the state. The first payment is made each SALES TAX - 10% The Bradley burns sales tax revenues is at 10% representing one month for. July TRANSIENT OCCUPANCY TAX - 0% The TOT taxes are received on a quarterly basis, the first FRANCHISE FEES - 0% Franchise fees are received in a quarterly basis, the first payment will be SERVICES & OTHER FEES - 18% Revenues from services & other fees are currently at 18% and are anticipated to meet budgeted expectations. These revenues are from fees from recreation, GRANT-1 1% Revenues from grant funding is at 1% for the first quarter. Local Public Safety Funds OTHER MISC REVENUE - 306% Revenue from other sources at are currently at 306%. These revenues are from donations, miscellaneous revenue, P.O.S.T reimbursements, and refunds. Itis typical for revenues in this category to reflect higher percentages than what staff anticipates. TRANSFER IN - 0% Transfer in is 0% an end of year entry will be done to allocated to appropriate  revenues.  water tower.  year in the month of December.  2021 received in the first quarter, revenues are expected to be on target.  payment will be received in October. received in October for the 2nd quarter.  inspection, planning, park maintenance and special police.  (LPSF) reflect one month worth of revenue.  transfer out funds. GENERAL FUND  EXPENDITURES (Attachment A)  The City has expended roughly 26% of its appropriations as of September 30, 2021. All departments  are on target to their budgeted lines from actual to budget for the quarter.    REVENUES AND EXPENDITURES-ALL FUNDS (Attachment B)  As summarized in Attachment 'B' the summary of all funds revenues reflect the revenues and  expenditures for the first quarter ending September 30, 2021 by fund type.  ENTERPRISE FUNDS WATER UTILITY FUNDS  Through September, expenses exceed revenues in the Water Utility Fund. While revenues were at 27% or less through September for the utility funds, expenses were slightly higher at 31%. At the end of this quarter the water revenues only reflect one month's worth of revenues; however at the end  oft the year the two months will be accrued.  SPECIAL REVENUES  UTILITY USERS TAX- Utility User's Tax is paid to the City one month in arrears, for the 1st quarter the amount received is $86,103 in revenues and 21% in expenses. Amounts vary because usage varies from one season (hot summer) to the next (mild fall) and the next (cold winter). DISTRICT SALES TAX (MEASURE N)- District Sales Tax Funds are received in a monthly basis reflecting 21% for revenue receiving July in September reflecting two months in arrears. Expenses COPS GRANT- Revenues for these funds are at 0% due to the it being expensed first, and then the reimbursement is received. The expenses which are at 6% will be adjusted at year end. GAS TAX- Highway User Tax are received monthly reflecting revenues for gas tax are at 20% for the first quarter and expense are at 93% reflecting a debt service payment made in the first quarter. ARPA FUNDS - The first tranche of the. American Rescue Plan Act funds have been received at LTF ART 3 &8- The LTF revenues are 0% in the first quarter and expense of 12% for utilities, such MEASURE C- Measure C revenues are received on a monthly basis showing revenues at 7%  are 0% for the first quarter.  100% in revenues and expenses are currently at 13% for the first quarter.  as PG&E, and street sweeping.  showing one month worth reflecting two months in arrears.  SB1 RMRA FUNDS- The SB1 revenues are received on a monthly basis at 17% showing one month, AB1600 IMPACT FEES - Due to high volume of development activity in the City for impact fees, and the newly adopted impact fees schedule, the various AB1600 revenues are reflecting a range from 51% to 299% for the first quarter. Staff plans on presenting the AB1600 annual impact fee to council  which reflect two months in arrears.  by the end of the calendar year.    DEBT SERVICE FUNDS  The long-term debt report for the 1993-1 funds, Fire Station, and the Financing Authority are all showing expenses up to 93% for the first quarter of the year. This is due to a significant debt service payment being made in September for the first quarter. These payments are made semiannually and thus skew the first quarter picture. Additionally, principal payments are paid in the fall and not in the spring. Revenues and expenses are projected to meet the budgeted amount by the end of the year.  SUCCESSOR AGENCY the 2010 refunding bonds. Attachments -General Fund Summary -All Fund Summary  The payments for the RDA debt service are made in the first quarter reflecting 48% in expenses for    ATTACHMENT A  GENERAL FUND SUMMARY  REVENUES ASOF 9/30/2021  PERCENTAGE REVENUES 9/30/2021 1% 36% 8% 15% 0% 10% 0% 0% 18% 1% 306% 0% 8%  BUDGET 2021-2022 928,250 677,200 9,500 14,500 807,700 1,600,000 150,000 387,200 101,500 203,800 6,600 722,887 $5,609,137 BUDGET 2021-2022 44,380 395,570 85,122 311,692 160,000 268,296 2,103,049 223,058 16,500 557,487 547,298 265,981 280,185 115,190 155,329 $5,529,137  REVENUES PROPERTY TAX PERMITS/LICENSES FINES & FEES USE OF MONEY & PROPERTY RENTAL VLF SALES TAX TRANSIENT OCCUPANCY TAX FRANCHISE FEES SERVICES FEES & OTHER GRANTS OTHER MISC REVENUE TRANSFER IN  4,782 246,167 805 2,110 0 164,328 0 0 18,760 2,048 20,172 0 $459,173  TOTAL REVENUES  EXPENDITURES PERCENTAGE  ASOF 9/30/2021  EXPENDITURES 9/30/2021 11% 27% 12% 34% 30% 70% 28% 17% 15% 24% 6% 18% 17% 37% 14% 26%  EXPENDITURES CITY COUNCIL ADMINISTRATION CITY CLERK FINANCE CITY ATTORNEY GENERAL GOVERMMENT POLICE FIRE ANIMAL CONTROL PUBLIC WORKS-STREET PLANNING BUILDING PUBLIC WORKS-PARK MAINT RECREATION SENIOR CENTER  4,667 106,283 10,004 104,491 47,495 188,432 586,820 38,006 2,524 133,843 35,107 47,149 48,706 43,166 21,247 $1,417,941  TOTAL EXPENSES    ATTACHMENTB REVENUES  EXPENSES  ALLI FUND SUMMARY GENERALFUND General Fund ENTERPRISE FUNDS Water Utility Water Well Maintenance Groundwater Recharge CID TCP SPECIAL REVENUE FUNDS Ultility Users Tax District Sales Tax COPS Grant Care Funding Recyle Grant Gas Tax ARPAFunding LTFA Article3 3 LTFA Article 8 Measure C Road! Maint &F Rehab SB1 CDBG AB1600 General Service AB1600 Law Enforcement AB1600 Fire AB1600 Streets AB1600 Parks AB1600' Water AB1600 Sewer AB1600 Storm Drain Fire Station Bldg AB1600 99/Merced: Signalization DEBT SERVICE FUNDS Assesmt Dist 1993-R Debt Svc Assesmt Dist 1993-1 Hospital Bdg! Lease Assesmt Dist 1993-1 Merced Rehab Fire Station Debt Svc Assesmt Dist 1994-RI Debt Svc SUCCESSOR, AGENCYFUND Successor. Agency: 2000 RDAI Loan FINANCE AUTHORITY! FUND Public Financing Authority (PFA)  2021-2022 REVENUES. AS PERCENT BUDGET OF09/30/2021 REC'SYTD  2021-2022 EXPENSES. AS PERCENT BUDGET OF09/30/2021 USEDYTD  $5,609,137 1,543,600 0 0 0 400,500 1,000,000 125,000 79,688 5,000 157,482 812,156 16,000 665,300 238,274 123,983 65,000 20,000 65,000 80,000 80,000 80,000 70,000 80,400 20,000 0 60 25,044 18,000 97,600 50,000 154,340 137,250 392,234 392,234  $459,173 416,709 0 0 461 $417,170 86,103 111,197 0 0 0 32,163 812,156 0 0 17,145 21,342 0 10,280 32,954 42,455 0 113,001 188,811 131,296 59,777 34 0 $1,658,714 23,106 16,800 90,400 33,766 0 $164,071 0 0 0 0  8% 27% 0% 0% 0% 27% 21% 11% 0% 0% 0% 20% 100% 0% 0% 7% 17% 0% 51% 51% 53% 0% 141% 270% 163% 299% 0% 0% 3% 92% 93% 93% 68% 0% 48% 0% 0% 0% 0%  $5,529,137 1,861,486 1,469,000 30,000 30,000 $3,390,486 329,325 662,562 265,000 72,816 5,000 97,600 575,000 0 116,257 635,000 0 0 0 200,000 0 0 68,000 0 0 0 0 0 $3,026,560 25,044 18,000 97,600 50,000 154,340 $344,984 193,835 193,835 392,096 392,096  $1,417,941 572,654 0 0 0 $572,654 36,898 0 16,512 0 0 90,400 72,513 0 13,410 0 0 0 740 0 0 0 0 0 0 0 0 0 $230,473 23,106 16,800 90,400 33,749 133,999 $298,055 93,099 93,099 665 665  26% 31% 0% 0% 0% 17% 11% 0% 6% 0% 0% 93% 13% 0% 12% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 8% 92% 93% 93% 67% 87% 86% 48% 48% 0% 0%  Sub-total $1,543,600  Sub-total $4,183,843  Sub-total $344,984 Sub-total 137,250 Sub-total    FOWLER CITY COUNCIL  1908  ITEM NO: 8-Bi  REPORT TO THE CITY COUNCIL  October 19, 2021 FROM: SUBJECT  David Peters, City Engineer  Review alternatives and provide staff direction regarding potential request to Caltrans to add  median treatment to the State Route 99 improvement project.  RECOMMENDATION  Select an alternative and direct staff to request adding median barrier treatments within Fowler  city limits. BACKGROUND  Caltrans is currently beginning construction on an improvement project on State Route 99 from Fowler to Selma to add additional lanes to the freeway. The project will construct a concrete median barrier in the area currently occupied by oleanders to accommodate the additional lane.  The project will cost $67M and will be completed by Fall 2023.  FISCAL IMPACT  None. The median treatments would be paid for as part of the Caltrans project  Attachments:  Median barrier treatment options  California Highway Barrier Aesthetics = Caltrans 2002    MEDIAN BARRIER TREATMENT OPTIONS  Plain Barrier  Continuous Pattern    Decorative Stamp  Kingsburg Dala Horse    37'-6% 12-14" STENCIL  12'-2*4" STENCIL  STENCIL WITH TOP OF GRAPEVINE STENCILS DETAIL  BLAST TEXTURE WANGL DEPTH OF TEXTURE  ELEVATION  Selma Median Treatment  Proposed Fowler Treatment    REPORT June 2002 Edition 1a  CALIFORNIA BARRIER  HIGHWAY  AESTHETICS  atvae    California Highway Barrier Aesthetics  This report will familiarize designers with current barrier design options, and encourage appropriate aesthetic considerations to develop visually pleasing context sensitive solutions for highway projects. The development of alternative barriers that are aesthetically pleasing is a continuing process. The Division of Design, Office of State Landscape Architecture, Headquarters Traffic Operations, and Division of Engineering Services, Materials Engineering and Testing Services, Office of Structural Materials will continue to develop technical guidelines and guidance documents for alternative barriers and surface treatments for concrete barriers. Technical guidelines allow integral color, paint, stain, and subtle textures to be incorporated with concrete barriers placed on highway transportation projects. These guidelines address highway corridor aesthetic issues, and respond to concerns from local communities and agencies for more barrier design alternatives that are context sensitive without compromising safety considerations. Efforts are continuing to crash test additional aesthetic design solutions to increase the variety of options available for barrier treatments. These tests comply with the National Cooperative Highway Research Program (NCHRP) Report 350 criteria. Crash testing is being performed on various formliner patterns for concrete barriers that mimic stone masonry or provide relief graphics into the surface of the concrete. Patterns and textures with subtle relief, set into the surface oft the barrier or limited to the top portion oft the barrier, have shown encouraging results and guidelines for their use have been approved. Alternatively, crash test results indicate that some patterns and textures with high reliefe extending from the base to the top oft the barrier may cause excessive passenger compartment deformation to the vehicle. Future use of these high relief surface treatments is doubtful. The technical guidelines for use of textures on concrete barriers will continue to evolve based on crash test results, maintenance and construction issues. There is additional cost associated with some alternative barriers and surface aesthetic treatments when compared to the Department's standard barriers. Designers should use discretion when selecting alternative designs. Local funding may be required to offset additional costs associated with alternative barrier designs. Barriers are available in several different types and materials providing an opportunity to select the most appropriate barrier for a particular condition. Barrier  types and design considerations discussed in this report include:  Thrie Beam Barrier Three-Cable Barrier Type 60 Concrete Barrier Approved Concrete Barrier Aesthetics Developing Textures and Patterns  Timber Guardrail Precast Concrete Guardwall Stone Masonry Guardwall Barriers and Landscaping  The Thrie Beam Barrier and Type 60 Concrete Barrier are available in the Department's Standard Plans and Specifications. The other barrier types will require approval for use until such time they become approved standards. See "Attachment A" for information on the non- standard approval process. For further information on California Highway Barrier Aesthetics and the status of new design alternatives please contact the Office of State Landscape Architecture at (916) 653-3170, Headquarters Traffic Operations at (916)654-5147, or Materials  Testing and Engineering at (916)227-7000.    Thrie Beam Barrier  The Thrie Beam barrier is widely used as a median barrier on California's roadways. Itis relatively inexpensive to install when compared to other barriers. Typically, fewer drainage modifications are required than for placement of concrete barriers. Use of this barrier type may allow for preservation of existing median planting and can minimize visual impacts. Thrie Beam barrier may be aesthetically pleasing to some rural communities because of its less "urban" character. Design modifications to the Thrie Beam barrier, such as placing asphalt or concrete beneath the barrier to eliminate weed growth, are being reviewed by Traffic Operations for approval. Not only will this improve the visual appearance oft the barrier, it will also eliminate the need for repetitive manual vegetation control by maintenance forces. To reduce maintenance costs, this barrier should not be used ini medians less than 11-meters wide.  This barrier meets NCHRP Report 350 criteria.  Advantages Approved by the Department for use Standard Plans and Specifications available Minimal visual impact Rural character Accommodates: small animal crossing Preserves/protects median planting Disadvantages  Not visually compatible inn metropolitan areas Increased construction time Life cycle costs higher than rigid/concrete barriers Additional roadside maintenance tasks compared to Type 60 Concrete barrier  Costs (November 2001)  $61.00 per meter for Double Thrie Beam Barrier Maintenance cost is $33.00 per meter each year fors segments requiring repair (segments average  30 meters)  2    Three-Cable Barrier  The Three-Cable barrier has not been used in California because of maintenance concerns. Currently, considerations are being made on a case-by-case basis for temporary use only. Three-Cable barrier is flexible, consisting oft three steel cables stretched between metal posts. This barrier requires a minimum of7 meters of flat median area, free of woody or mounding  vegetation to allow for deflection movement when hit. The Three-Cable barrier's primary advantage is quick installation and low initial cost. This system minimizes visual impacts, requires little or no drainage modifications, and fits well visually in rural environments. This system should not be used with median plantings. The Three-Cable barrier meets the crash test requirements of NRCHP Report 350  criteria, test level 3.  Three-Cable barrier installed in Oregon.  Disadvantages of the Three-Cable barrier system are the maintenance costs required, as compared to other barrier types. Some maintenance tasks include routine checking of cable tension and repair of long runs of barrier when hit. Timely repair is necessary because the barrier can become inoperative once hit. The Three- Cable barrier is not recommended on tight curves, high truck traffic routes, or any locations where frequent hits are expected. Maintenance personnel are not trained, nor staffed to manage this type of system. Use ofthis barrier system may require approval from the Maintenance Division. Costs (October 2001) $26.00 per meter  Advantages Electronic drawings and specifications are available Minimal visual impact Rural character Accommodates small animal crossing Lowi installation cost Disadvantages  Non-standard approval required Standard Plans and Specifications Not visually compatible in metropolitan Life cycle costs higher than rigid/concrete barriers Additional roadside maintenance tasks compared to' Type 60 Concrete barrier Inoperative once hit  unavailable areas  Maintenance cost is $24.00 per meter each year for segments requiring repair (segments average 301 meters) High life cycle cost when compared to other barrier types  3    Type 60 Concrete Barrier Approved Concrete Barrier Aesthetics  The Type 60 Concrete barrier has been used increasingly by the Department as median widths have become narrower. This coincides with safety concerns becoming more prevalent for maintenance workers and motorists. The Type 60 concrete barrier offers several positive attributes, including long life and durability, low maintenance costs, less exposure for maintenance workers, a clean urban character, and aesthetic surfaçe treatment capabilities. Like the Thrie Beam barrier, two rows of Type 60 Concrete barrier can be  placed in a wide median to preserve existing median planting.  The Department currently approves the use of color admixtures, chemical staining, painting, acid etching, textures, and spraying with bituminous emulsion for a faux "granite" finish to improve the appearance of concrete barriers. Aesthetic treatments, such as sandblasting painted concrete to reveal graphic images, have been used to enhance the barrier appearance and respond to local concerns for context sensitive solutions.  Concrete barrier with paving to the base allows maintenance to mechanically sweep the shoulder. Concrete barriers have higher installation costs than Thrie Beam barriers and, in some cases, require extensive drainage modification. Retrofitting an existing barrier with superficial aesthetic treatments is less costly than installing a Some communities consider these barriers to have a negative visual impact because the mass and form are not compatible with the landscape. Disadvantages  new barrier.  Sandblasting creates a seagull motif In acoastal community. This aesthetic treatment cost $17,000 per KM. Approved by the Department for use Standard Plans and Specifications Aesthetic treatment for context sensitive Preserves/protects median planting Long life and durability Low maintenance cost Existing barriers can receive aesthetic treatments  surrounding  Advantages available designs  May require drainage modifications High installation costs Costs (November 2001) $150 per meter, aesthetic treatments are additional Maintenance cost ofa aesthetic treatments not known  4    Type 60 Concrete Barrier Developing Textures and Patterns  A wide array of design possibilities are being developed and crash tested to allow for textures, patterns, and graphics that enhance the appearance ofType 60 Concrete barriers. Before authorizing textured surface treatments to concrete barriers, the proposed treatments must be tested for safety, and reviewed for constructability and maintainability issues. The Department's Engineering Services Division of Materials Engineering and Testing Services, Office of Structural Materials performs these tests by crashing a vehicle, under controlled conditions, into a section oft the textured concrete barrier.  The results of each crash test are analyzed and a determination is made as to whether the textured barrier passes or fails established performance criteria - NCHRP Report 350 criteria, test level 3. From crash test results the Department has developed preliminary technical guidelines for the use of textures on concrete barriers. The Department will continue to perform additional crash tests to further expand these preliminary technical guidelines.  Dry stacked rock design was recently crash tested and recelved approval for  use In Califomia.  The next few pages of this report discuss textures that designers may use to address site specific, context sensitive solutions for concrete barriers. Specific textures will not be approved or disapproved but the depth, protrusions, angle of patters, etc. will be governed by technical guidelines. Details of recent test results are contained in the Department Study #F2001T117 "Interim Report, Crash Testing of Various Textured Barriers." Contact Materials Testing and Engineering at (916)227-7000  Pending approved design guidelines, graphics could become an integral part of concrete barrier design.  for a copy. 5    Type 60 Concrete Barrier  Developing Textures and Patterns, continued  The Federal Highway Administration (FHWA) has granted approval (December 2002) of the Department's technical guidelines for textures and patterns for use on Type 60 Concrete barriers. Departmental approval is needed for the use of textures and patterns on every  project. The following surface textures and patterns have been crash tested:  Rock cobble pattern above 610 mm ofsmooth surface barrier. PASSED CRASH TEST "Mission Arch" pattern. PASSED CRASH TEST Dry stacked rock pattern. PASSED CRASH TEST Fractured granite pattern. PASSED CRASH TEST Rock cobble pattern on the entire face oft the barrier. FAILED CRASH TEST Diagonal flute pattern. FAILED CRASH TEST The preliminary technical guidelines allow: Light to heavy sandblast textures. Any pattern or texture with a maximum relief of6 641 mm or less, located 6101 mm or higher above the base oft the barrier; the lower 610 mm shall be smooth or a' "light to heavy sand blast" texture. The pattern or texture on the upper face oft thel barrier shall have smooth (rounded or beveled) leading edges to prevent vehiçle snagging. Geometric patterns inset into the face of the barrier 25mm or less. Chamfered or beveled edges to prevent vehicle snagging, especially on the downstream edges. Such patterns shall not feature long upward-climbing edges that could contribute to wheel climb.  Shown here Is rock cobble pattern with 610 mm of light sandblast on the bottom of the barrier. Advantages solutions  Aesthetic treatment for context sensitive Freserves/protects median planting Long life and durability Disadvantages  Non-standard approval required Standard Plans and Specifications not Increases installation costs Increases construction time Additional repair work to match textures $115 to $150 per meter, depending upon aesthetic treatments and color. The average price ofa Concrete Barrier (type 60) is $91.39 per meter. Maintenance cost of aesthetic treatments not known 6  available  Costs (June 2002)  This is the mission arch design with beveled edge and light sandblast.    Timber Guardrail  The Timber Guardrail is a rustic alternative to the standard metal beam guardrail. The Timber Guardrail is in use along Federal highways on the East Coast and is approved for use on Califoria highways. A steel plate provides the needed tensile strength with the wood members providing a rustic appearance. The wood block-outs help with the crash worthiness of the system. This guardrail has no approved terminal design. The end treatment will need crash cushions, must be buried in the embankment, or will require some other approved terminal There are two versions of this system, both are accepted for use on Federal highways by the  design.  FHWA, and meet the NRCHP Report 350, test level 3: Type 1 Steel Backed Timber Guardrail (SBTG) with wooden post Type 2 Merritt Parkway Guardrail (MPG) with steel post Both the Steel Backed Timber Guardrail and Merritt Parkway Guardrail are approved for design speeds of 100 km/h and less. The potential for corrosion of the non- galvanized steel elements of the guardrails are a concern in coastal settings or areas with high rainfall. The Department's policy is that in areas of eight inches or greater annual rainfall galvanized steel posts must be used. The galvanized steel may be painted to blend with the timbers. Further information including electronic drawings, specifications and other information on this  Advantages Electronic drawings and specifications are available Minimal visual impact Rural character  Accommodates small animal crossing Preserves/protects median planting Non-standard approval required Standard plans and specifications not available Life cycle costs higher than rigid/concrete barriers Additional roadside maintenance tasks, compared to Type 60 Concrete barrier Wood safety devises may be subject to  barrier www.cl.fhwa.dolgoy.  can  be  found  at  Disadvantages  Contact Headquarters Traffic Operations at (916) 654-5147 with specific questions regarding Timber Guardrails.  burning Costs (January 2002)  $160 per meter. Cost is based on installations in the Eastern US and may Maintenance cost not known; likely to be higher than metal beam guardrail  vary for California  7    Precast Concrete Guardwall  This barrier system is being reviewed for approval by the Department's Highway Safety Features New Products Committee for use on California's highway system. This precast concrete guardwall has not yet been used in California due to very high construction costs. This guardrail has no approved terminal design. The end treatment will need crash cushions, must be buried in the embankment, or will require some other approved terminal design. The finish treatment is a simulated stone surface on both sides and ends of the guardwall. The surface of the guardwall is stained to simulate individual stones. The design details include a precast concrete mowing strip. This strip may be placed in medians that will not bej paved to the face of the guardwall. To meet federal standards, the Precast Concrete Guardwall must be fabricated in a precast concrete production facility certified by the National Preçast Concrete  Association.  The Precast Concrete Guardwall has been crash tested and meets the requirements of NCHRP Report 230. Though never crash tested to NRCHP Report 350 test level 3, the FHWA has accepted this guardwall for use on Federal highways. This artificial stone system is approved for design speeds of 100km/h or less. Further information regarding this barrier, such as electronic drawings, specifications and other information, may be found at  wwwel.thwadolgoy.  This guardwall Is Installed on the Federal highway system inj the East Coast  Disadvantages  Non-standard approval required Standard Plans and Specifications not Requires drainage modifications Very high installation costs Additional roadside maintenance tasks compared to Type 60 Concrete barrier $740 per meter. Shipping cost to the project site from the manufacturer is not included in this estimate Maintenance cost is not known  available  Advantages Electronic drawings and specifications are available Rural character Aesthetic treatment for context sensitive solutions Long life and durability  Costs (February 2002)  8    Stone Masonry Guardwall  The Stone Masonry Guardwall was approved by the Department's Highway Safety Features New Products Committee for use on California's highway system. The Stone Masonry Guardwall has not yet been used in California due to the very high construction cost. The stone fascia, mortared inj place, provides a natural appearance and can incorporate local rock to match the surrounding area. The Federal Lands Highway Office must approve any modifications to Federal Lands Highway Standards for the Stone Masonry Guardwall. This guardrail has no approved terminal design. The end treatment will need crash cushions, must be buried in the embankment, or will require some other approved terminal design.  The Stone Masonry Guardwall consists of a concrete core faced and capped with natural stone. The Stone Masonry Guardwall has been crash tested and meets the requirements of NCHRP Report 230 and is accepted by the FHWA for use on the federal highway system. The FHWA has accepted it to meet the requirements of NRCHP Report 350 criteria, test level 3. This barrier system is approved for design speeds of 1001 km/h or less. Specifications define maximum projections to be 38 mm beyond the neat line, 50 mm deep joints, and mortar beds 50 to 75 mm thick. Stone faces with critical dimensions greater than those listed above are not considered crashworthy. A smooth-faced wall with shallower projections, and rake joints and beds is also approved.  Further information on this barrier can be found at www.el.fnwa.dougoy  Disadvantages  Non-standard approval required Standard plans and specifications not Requires drainage modifications Very high installation costs Increased construction time Additional roadside maintenance tasks compared to Type 60 Concrete barrier  available  Costs (February: 2002) $830 per meter  Advantages Electronic drawings and specifications are available Minimal visual impact Rural character Context sensitive solutions Preserves/protects median planting Long life and durability  Cost will vary depending upon the type of rock used. Availability of rock and proximity to the project area will be a factor. Labor costs may significantly impact the actual construction cost. Maintenance cost not known; likely to be  high  9    Median Barriers and Landscaping  Existing median planting, mostly oleander shrubs, were planted in California beginning in the 1950's and have become an asset to the Department and the communities in which they grow. Median plantings provide glare screening for headlights of oncoming traffic, provide greenery and flowers, and minimize the visual width of the roadway. When roadway-widening projects threaten the removal of these plantings, local communities often voice concerns for preservation  oft the planting.  This is a concrete barrier with paving to the face of the barrier and landscaping in the median.  Median planting rural areas where provides no other planting exists.  aesthetics in highway  The Department considers median planting to be an asset to the highway corridor and recommends removal only when other viable options are not available. Median barriers are being used when necessary and where feasible to protect these shrubs. Median barriers, regardless of system type, can be installed to preserve plantings, satisfying the desires of communities, and provide safety for maintenance workers and the traveling public. Options to median plantings should be considered, such as replacement of median planting with roadside planting along the right of way. The maintenance costs involved with median plantings are  factors that must be considered. During design of a median, consideration should be given to retaining all or portions of the existing planting. Healthy sections of planting can be protected with two rows ofbarriers, while unhealthy planting can be removed and a single barrier installed. Only when the median width allows, the retention of existing median planting can be achieved by installing one row of barrier. When this option is possible, signifiçant cost savings will be achieved for both the construction project and for long-term maintenance. Traffic Operations must be consulted to insure that all current  USE LUIs RARIER. Fasr ixitis: SMCUDEN sw: .6  Portions of existing median planting protected by median barrier.  standards are met.  10    Attachment. A  Non-Standard Approval Process report are being reviewed for approval. There are three categories ofi non-standard barriers:  Some oft the barriers in this report are currently not approved as standards by the Department for use on California's highway system. However, all of the unapproved barriers included in this 1) Barriers that are not in the Standard Plans but which are approved by the Department. For example, this would include Type 60 Concrete barrier with a rock texture called "dry 2) Barriers that have been accepted by FHWA but have not been approved by the Department. For example, this would include the Stone Masonry Guardwall and Pre-cast 3) Barriers with merit that have not been crash tested or approved by either agency. This includes any new product that would be proposed as a barrier, or a change or modification to an approved barrier that could affect the safety and crash worthiness of Depending upon the proposal, a series of requirements need to be met prior to receiving approval to install a non-standard barrier on a project. For some proposals, such as texture on a Type 60 Concrete barrier that conforms to the approved guidelines, the proposal would not require steps 1) The barrier must meet crash test criteria established by NRCHP Report 350. 2) Once a proposed barrier has passed the crash testing criteria then it must be accepted by the FHWA for use on the Federal Highway system. Typically, if FHWA accepts a barrier, they will also participate in the funding of that element when it is included on a 3) After the barrier has been accepted by the FHWA, then it must be reviewed and approved by the Caltrans Highway Safety Features New Products Committee (HSFNPC) before it can be considered for use on California's highway system. This process allows various Department Divisions, such as, Office of State Landscape Architecture, Headquarters Traffic Operations, Construction, Maintenance, and Structures, the opportunity for review and comment on the proposal. For more information on the HSFNPC and their 4) Once a non-standard barrier has been reviewed by the HSFNPC, the committee's conclusions and recommendations are forwarded to Headquarters Traffic Operations for a final recommendation. Ift the proposal is acceptable, a letter of approval for use is signed by the Chief, Division of Traffic Operations. Depending on the proposal, the non- standard barrier may be approved as a pilot or may require a letter of approval to be 5) Once a non-standard barrier has been approved for use, non-standard plans and specifications will require review and approval from the various district functional units and the Headquarters office that is the "owner" of the Standards, such as, Structures  stacked."  Concrete Guardwall.  thel barrier.  one through four. A simplified version of the approval process is:  capital improvement project that has federal participation.  role, contact the Chairperson of the HSFNPC at (916)654-2465.  signed by the District Director.  Office of Design, or Office State Landscape Architect  Once these criteria are met, a non-standard barrier may be included in al highway project.  11    FOWLER CITY COUNCIL  1908  ITEM NO: 8-Bii  REPORT TO THE CITY COUNCIL  October 19, 2021 FROM: SUBJECT  David Peters, PE - City Engineer  Consider Resolution No. 2523 ADOPTING a Street Cutting Policy  RECOMMENDATION  Staff recommends approval of Resolution No. 2523 adopting a Street Cutting Policy.  BACKGROUND  Inrecent years, and with the recent passage of SB1, the City of Fowler has committed significant funding annually to rehabilitate the City streets. The City desires to protect this substantial investment by preserving the integrity of the pavements, reduce pavement degradation, and extend the life and structure of the pavement by limiting the activities that would damage newly paved and resurfaced streets. This Street Cutting Policy will limit developers, utility companies, Staff has developed a Street Cutting Policy which would place a moratorium on cutting streets receiving a seal coat, such as a slurry seal or chip seal, for a three-year period and newly constructed or reconstructed city streets for a five-year period. The policy allows for exceptions in certain extraordinary circumstances, provides requirements for patching and repairing of trenches, and addresses requirements for repairing and restoring ADA access in areas of utility and developer improvements. The intent and purpose of the policy is to protect and prolong the  and City crews from damaging newly paved or resurfaced streets.  life of newly paved and resurfaced streets.  FISCAL IMPACT  Adoption of the street cutting policy will preserve pavement life which will result in annual fiscal  savings related to street repair.    Attachments:  Resolution No. 2523 Street Cutting Policy    RESOLUTION NO. 2523  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER  ADOPTING A STREET CUTTING POLICY  WHEREAS, the City of Fowler ("City") has committed significant funding annually tor rehabilitate City streets and desires to protect this substantial investment by preserving the integrity ofthe pavements, reduce pavement degradation, and extend the life and structure of the pavement by limiting the activities that would damage newly paved and resurfaced  streets; and  WHEREAS, the City has developed a Street Cutting Policy, attached hereto as Exhibit A and incorporated herein by reference, to protect and prolong the life of newly  paved and resurfaced city streets.  WHEREAS, the Street Cutting Policy will limit developers, utility companies, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the Street Cutting Policy as contained in Exhibit A to this resolution is hereby  City crews from damaging newly paved or resurfaced streets.  adopted.  ******  PASSED, APPROVED AND ADOPTED this day of October 2021, at a regular  meeting of the Fowler City Council by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  Ihereby certify that the foregoing is a full, true, and correct copy of a Resolution duly and regularly adopted by the City Council ofthe City of Fowler at a meeting thereofheld on the  th day ofOctober, 2021.  ATTEST:  Angela Vasquez, Deputy City Clerk    EXHIBIT "A"  CITY OF FOWLER STREET CUTTING POLICY  BACKGROUND  This street cutting policy is intended to limit developers, utility companies, and City crews from Many studies have indicated that a utility cut damages an area of pavement larger than the actual area of the excavation. In line with the State of California and other cities, the City of Fowler requires anyone who cuts into the pavement of a public road to reconstruct the street from curb to curb for the full extent of the pavement cut. The City also requires all trench cuts to be T-cuts, with a wider pavement replacement width than trench width, to reduce the negative impacts of the trench cut. In addition, this policy allows the Director of Public Works to require the person repaving the excavation to apply a seal coat at any time within two years of the time of  damaging newly paved or resurfaced streets.  repaving. PURPOSE  A street cutting policy is justified to reduce pavement degradation and extend the life and  structure of the pavement. PROCEDURES 1. Street cutting policy  3-year moratorium for pavement cuts on streets receiving a seal coat, such as a slurry 5-year moratorium for pavement cuts on newly constructed and reconstructed streets and The moratorium shall be in force during the construction period for projects that include seal coats, or new street construction or street reconstruction, and the moratorium period will begin upon the filing of the Notice of Completion for the construction project including For streets that receive a seal coat, the moratorium shall begin to be enforced when the streets are sealed, and the timed moratorium period will begin upon the filing of the Notice For newly constructed or reconstructed streets, the moratorium shall begin to be enforced when the streets are given the final pavement cap, and the timed moratorium period will  seal or chip seal.  for streets receiving overlays and treatments one-inch thick or greater.  the affected streets.  of Completion.  begin upon the filing oft the Notice of Completion.    2. Trench Repair Requirements for Streets under Moratorium - If need for trenching is justified and a waiver is approved by the City Engineer, the City shall require resurfacing at least the length of excavation from curb to curb or from curb line to the Lateral trenches (perpendicular to the curb) Extend T-cut grind and overlay limits to 10 feet beyond each side of the trench and over the entire lane that is impacted Longitudinal trenches (parallel to the curb - If the asphalt depth is four inches or deeper, grind two inches minimum and place two inches minimum overlay over the entire lane or lanes (curb to curb or curb to median curb) that are impacted (regardless of street classification). If the existing asphalt depth is less than four inches, grind the full depth of asphalt and replace asphalt in-kind (minimum two inches) over the entire lane or lanes (curb to curb or curb to median curb) that are Ifthe existing AC depth is greater than 4-inches, grind 2 inches minimum and place 2 inches minimum overlay over the entire lane that is impacted (regardless of street Ifthe existing AC depth is less than 4-inches, the entire lane will need to be resurfaced to meet the City's minimum structural section of 4-inches of AC over 6-inches of  raised median.  (regardless of street classification).  impacted (regardless ofs street classification).  classification) curb to curb.  Class II Base.  Use Current City of Fowler Standard Drawing.  3. Excavations of streets not under the Utility Trench Moratorium  Use City of Fowler Standard Drawing. following conditions are present:  4. Proposed Waivers The City Engineer may grant a waiver if one or more of the  a) A bona fide emergency exists that endangers the health and safety or property of the citizenry and requires an excavation in order to remediate the emergency. b) New service to a specific location cannot be provided either through existing conduit, where trenchless technology is impractical due to soil conditions, proximity of facilities or economically impractical, and the public utility demonstrates to the City Engineer's satisfaction that the service cannot be c) The installation or relocation of facilities by a non-government owned public utility is both required by the City, County, State or Federal Government and not  provided from another location.  required as aresult of an underground utility district.  d) Only a non-linear excavation or exploratory excavation will be made.  e) Where conditions prohibit boring.    f) Where there is a lack of working space for bore pits at each end of the street g) An open trench is required to expose existing distribution facilities in street to terminate or establish service lines, or to provide emergency repair of  crossing bore.  existing underground facilities.  h) Existing facilities in the street conflict with the proposed bore. trench, consideration will be given to an open trench. public interest is best served by allowing such a cut.  i) Joint trench use is required and if within 200 feet of an open sewer or water Unusual circumstances are present and the City Engineer finds that the  5. Americans with Disability Act (ADA) Compliance The City Engineer may require repair or replacement of the following facilities impacted by street cutting associated with this policy to maintain compliance with ADA requirements. Such improvements may a) Repair or replacement of curb access ramps impacted by trenching or boring b) Repair or replacement of sidewalks impacted by trenching or boring c) Repair or replacement of valley gutters impacted by trenching or boring d) Other ADA related facilities impacted by trenching or boring as deemed  require:  necessary by the City Engineer.  MPLEMENTATION  Streets that are constructed or rehabilitated and have received al Notice of Completion (NOC) on or after date of Council adoption of this policy will be subject to all provisions oft this policy.    FOWLER CITY COUNCIL  1908  ITEM NO: 10-A  REPORT TO THE CITY COUNCIL  October 19, 2021 FROM: SUBJECT  Scott Cross, City Attorney  Consider Approval of Resolution No. 2522, A Resolution of the City Council of the City of Fowler Authorizing Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 (AB361)  RECOMMENDATION  Based on City Council direction during the October 5, 2021, City Council meeting, Resolution No. 2522 is presented for consideration to make the findings needed to allow City Council members to attend City Council meetings via teleconferencing pursuant to AB 361 without following typical Brown Act requirements for teleconference participation by City Council members at City Council meetings. The Resolution also authorizes the City's other commissions who meet remotely to continue doing sO  for as long as the City Council authorizes.  BACKGROUND  AB 361 was enacted last month to allow legislative bodies the option of continuing to conduct meetings via teleconference or virtually without complying with the typical Brown Act requirements for conducting legislative body meetings via teleconference. AB 361 is optional during an emergency when in-person attendance is not feasible due to social distancing requirements or there is a risk to the health or safety of attendees if in-person attendance is required. If the AB 361 option is selected, Council members may participate in meetings via teleconference without complying with the typical Brown Act teleconferencing requirements under certain circumstances. If the AB 361 option is selected, the City Council must make findings every 30 days that (1) it has reconsidered the circumstances of the state of emergency, and either (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local officials continue to The Governor's Executive Order N-29-20 issued on March 17, 2020, relaxed the Brown Act requirements for legislative bodies to conduct meetings remotely via teleconferencing or internet- based services such as Zoom or Webex. As a result, many legislative bodies ceased in-person  impose or recommend measures to promote social distancing.    meetings altogether and went to conducting meetings exclusively via teleconference or through some other remote means. Some legislative bodies, like the City of Fowler, moved to conducting "hybrid" meetings with both in-person and remote attendance available to the legislative body members and The portions of the Executive Order addressing remote meetings expired on September 30, 2021. Ina anticipation of that expiration, AB 361 was enacted in late September as urgency legislation and effective immediately. AB 361 provides an option to carry forward the ability for legislative bodies to continue conducting meetings remotely without satisfying the normal Brown Act requirements when However, AB 361 contains certain requirements that must be met to allow for public participation by teleconference (which have already been implemented at Fowler City Council meetings) and appears toh have been intended to allow those legislative bodies who had not returned to in-person meetings as of last month to continue with exclusively remote or virtual meetings with no requirement for any in-person attendance option. There is some split of opinion about whether AB 361 can be used to continue conducting "hybrid" meetings with both in-person and remote attendance options for The manner in which Fowler City Council meetings are currently conducted provides the public with the ability to attend in person or via teleconference and complies with all applicable legal requirements. Expiration of the Governor's Executive Order on September 30, 2021 does not require the City Council to take any action or change the way City Council meetings are conducted. However, unless the AB 361 option is implemented, City Council members must either attend City Council meetings in person or the typical Brown Act requirements for teleconference attendance by any Council member would have to be followed. Those typical requirements are as follows - a majority of the Council must participate from locations within the City limits; each teleconference location must be identified on the agenda; the agenda must be posted at each teleconference location; each teleconference location must be accessible to the public sO that the public can attend and participate from the remote teleconference location; and all votes must be by roll call. Implementing the AB 361 option would not change the way members of the public are allowed to participate in meetings (both in-person and teleconference attendance is allowed) but would allow City Council members to continue to attend meetings via teleconference without complying with the While the City Council has been conducting in-person meetings in compliance with applicable public health requirements throughout the COVID-19 pandemic, public participation in meetings was limited to exclusively teleconference for many months and Council members have occasionally participated via teleconference. The proclaimed COVID-19 emergency is still in effect and there may be occasions when the proclaimed emergency directly impacts the ability of members of the public or Council members to meet safely in person (i.e. when isolation or quarantining is required). As a result, the necessary AB 361 findings can be made, if desired. Those findings would have to be made every 30 days to continue with the relaxed Brown Act teleconference requirements. AB361 Itmust be noted, however, if the AB 361 option is selected, and there is any disruption that prevents the city from broadcasting the remote meeting (.e. audio problems or teleconference line disconnection), or there is a disruption that prevents members of the public from offering public  public.  council members participate in meetings from remote locations.  legislative body members.  typical Brown Act requirements for teleconferencing described above.  remains in effect only until January 1, 2024.    comments using the call-in option, AB 361 prohibits the city from taking any further action on items appearing on the meeting agenda until public access to the meeting via call-in options is restored. Meaning that if we have any technical difficulties at a City Council meeting, we would have to stop the meeting, despite the fact some Council members and the public may be attending in person.  FISCAL IMPACT  No fiscal impact is anticipated whether this Resolution is approved or not.  Attachments:  Resolution No. 2522    RESOLUTION NO. 2522  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER AUTHORIZING REMOTE CITY COUNCIL MEETINGS AND COMMISSION MEETINGS DURING DECLARED STATE OF EMERGENCY IN ACCORDANCE  WITH GOVERNMENT CODE SECTION 54953 (AB 361)  WHEREAS, on March 4, 2020, the Governor ofCalifornia declared a state of emergency WHEREAS, pursuant to. Resolution 2461, approved by the Fowler City Council on March 17, 2020, the City Council declared a local emergency as a result of the threatened spread of  ini the State as ai result oft the COVID-19 pandemic; and  COVID-19 in the City, surrounding areas, and the state; and  WHEREAS, on March 17, 2020, with the issuance of Executive Order N-29-20, the Governor suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other remote means; and placed an end date of September 30, 2021, for agencies to meet remotely; and  WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which WHEREAS, AB361 was enacted on September 16, 2021, enacting certain changes to the Brown Act for teleconferencing and remote participation at public meetings as set forth in  Government Code Section 54953; and not been rescinded and remains in effect; and  WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, has WHEREAS, the City Council has determined that eleconterencing from remote locations by the public and City Council members has not limited participation of members of the public, Council members, or other attendees at City Council or other commission meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES  AS FOLLOWS: 1.  The City Council has reconsidered the circumstances oft the COVID-19 state ofemergency A. The state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person;  and finds that the following circumstances exist:  and distancing. 2.  B. State or local officials continue to recommend measures to promote social This Resolution shall be effectiveimmediately and shall be a standing item on City Council meeting agendas not more than every 30 days to reconsider the circumstances of the COVID-19 state of emergency and determine whether the state of emergency continues to directly impact the    ability ofr members of the public, City Council members, and members of other City commissions to meet safely in person, or whether state or local officials continue to impose or recommend  measures to promote social distancing, until this Resolution is rescinded.  The foregoing resolution oft the City Council oft the City ofF Fowler was duly and regularly introduced and approved at a regular meeting of the City Council on October 19, 2021, by the  following vote: AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vazquez, Deputy City Clerk