Atwater City Council
February 28, 2022

CORONAVIRUS DISEASE (COVID-19) ADVISORY
Pursuant to Assembly Bill (AB) 361, the City Council may participate via teleconference/electronically. In-person participation by the public will be permitted. In addition, remote public participation and public comment is available in the following ways:

1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the options below).

2. Join the electronic meeting at https://atwater-org.zoom.us/j/89554963092 (Webinar ID: 89554963092). Members of the public participating electronically via this link and wishing to speak may do so during public comment, by using the "raised hand" feature in the Zoom webinar.

3. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes. In view of the other public comment opportunities listed above, email/written comments will not be read out loud during the meeting.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6300.

CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
February 28, 2022
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
PLEDGE OF ALLEGIANCE TO THE FLAG:

City Council Agenda for Meeting of February 28, 2022 Page 2 INVOCATION:

Invocation by Pastor Andrew Cantrell
ROLL CALL:

Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____ SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.

CEREMONIAL MATTERS:
• Certificate of Recognition - Chi Chi Wood
Staff's Recommendation: That Mayor Creighton and the City Council recognize Chi Chi Wood for her contributions towards the City's Downtown Lighting Project.
• Presentation of trophy to Fire Department for winning the City Christmas tree decorating contest
Recommendation: That Pastor Rich Miller make the presentation to the Fire Department.
• Presentation of trophy to Mayor Creighton for winning the City snowman decorating contest
Recommendation: That Pastor Rich Miller make the presentation to Mayor Creighton.

PRESENTATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel

City Council Agenda for Meeting of February 28, 2022 Page 3 ***CONSENT CALENDAR***

NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.

WARRANTS:

1. February 28, 2022
Staff's Recommendation: Approval of warrants as listed.

TREASURER'S REPORT:

2. January 31, 2022
Staff's Recommendation: Approval of report as listed.

MINUTES: (City Council)

3. February 14, 2022 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

MINUTES: (Planning Commission)

4. January 19, 2022 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.

MINUTES: (Citizens' Oversight Committee)

5. a) June 9, 2021 - Special meeting
b) September 7, 2021 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.

City Council Agenda for Meeting of February 28, 2022 Page 4 CALL FOR BIDS:

6. Approving specifications authorizing advertising and call for bids for purchase of one (1) new 2022 Hyundai Santa Fe Plug-In Hybrid Electric Vehicle (City Manager Waterman)
Staff's Recommendation: Approval of specifications and authorizes advertising and call for bids for the purchase of one (1) new 2022 Hyundai Santa Fe Plug-In Hybrid Electric Vehicle, Bid Call No. 713-22; and authorizes and directs the City Manager, or her designee, to award and execute all documents related to the purchase on behalf of the City.

RESOLUTIONS:

7. Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)
Staff's Recommendation: Adoption of Resolution No. 3296-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.

8. Authorizing submittal of application to State of California Department of Housing and Community Development 2020/2021 HOME Investment Partnerships Program Grant (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3298-22 authorizing submittal of an application to the State of California Department of Housing and Community Development under the 2020/2021 HOME Investment Partnerships Program Grant; and authorizes and directs the City Manager, or her designee, to execute all grant-related documents or contracts on behalf of the City.

AGREEMENTS:

9. Awarding Professional Services Agreement to Pinnacle Healthcare for Occupational Health Services (Deputy City Manager Del Real) Staff's Recommendation: Awards a Professional Services
Agreement, in a form approved by the City Attorney, to Pinnacle Healthcare of Los Banos, California for Occupational Health Services; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

City Council Agenda for Meeting of February 28, 2022 Page 5

10. Awarding Professional Services Agreement to Romeo Medical Clinic for Occupational Health Services (Deputy City Manager Del Real) Staff's Recommendation: Awards a Professional Services
Agreement, in a form approved by the City Attorney, to Romeo Medical Clinic of Turlock, California for Occupational Health Services; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

11. Approving First Amendment to Professional Services Agreement with CSI Services for Special Inspection and Testing of Water Tower Recoating/Renovation Project (Public Works/ Community Development Director Thompson)
Staff's Recommendation: Approval of the First Amendment to the Professional Services Agreement with CSI Services of Santa Clarita, California, in a form approved by the City Attorney, for Special Inspection and Testing of the Water Tower Recoating/Renovation Project, in an amount not to exceed $9,480, for a total price of $34,479.99; and authorizes and directs the City Manager, or her designee, to execute the First Amendment on behalf of the City.

12. Approving Contract Change Order to the General Construction Contract with W.M. Lyles Co. for CMU Wall installation at Industry Sewer Lift Station (Public Works/Community Development Director Thompson) Staff's Recommendation: Approval of Contract Change Order No. 1 to the General Construction Contract with W.M. Lyles Co. of Fresno, California for the CMU Wall Installation at the Industry Sewer Lift Station, in the amount of $164,445, for a total of $599,590; and authorizes and directs the City Manager to execute the change order on behalf of the City.

13. Awarding General Construction Contract to RTC Construction Management, Inc. for the Applegate Pump Station Rehab Project (Public Works/Community Development Director Thompson)
Staff's Recommendation: Awards a General Construction Contract, in a form approved by the City Attorney, to RTC Construction Management, Inc. of Merced, California for the Applegate Pump Station Rehab Project, in an amount not to exceed $994,685 and construction contingency change orders up to an aggregate of an additional $49,734.25 (5%); and authorizes and directs the City Manager, or her designee, to execute the Contract on behalf of the City.

City Council Agenda for Meeting of February 28, 2022 Page 6

14. Awarding General Construction Contract to ANV Construction, Inc. for Tenant Improvements at Civic Center Building 1 Project (Public Works/Community Development Director Thompson)
Staff's Recommendation: Awards a General Construction Contract, in a form approved by the City Attorney, to ANV Construction, Inc. of Atwater, California for Tenant Improvements at Civic Center Building 1 Project, in an amount not to exceed $225,490, and construction contingency change orders up to an aggregate of an additional $22,549.01 (10%); and authorizes and directs the City Manager, or her designee, to execute the Contract on behalf of the City.

15. Declaring Hoffman Electronic Systems a sole source service provider and awarding Professional Services Agreement for security controls at designated City facilities (Information Technology Manager Lamerson) Staff's Recommendation: Declares Hoffman Electronic Systems of Atwater, California as a sole source service provider for security controls at designated City facilities; awards a Professional Services Agreement, in a form approved by the City Attorney, to Hoffman Electronic Systems of Atwater, California for physical security systems at designated City facilities in an amount not to exceed $142,000; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

16. Authorizing and approving Cooperative Purchase Agreement with Elk Grove Auto Group for purchase of a Police Vehicle (Police Chief Salvador)
Staff's Recommendation: Authorizes and approves a Cooperative Purchase of a 2021 Dodge Charger Pursuit, in an amount not to exceed $38,000 with Elk Grove Auto Group; and authorizes and directs the City Manager, or her designee, to execute the purchase on behalf of the City.
***END OF CONSENT CALENDAR***

City Council Agenda for Meeting of February 28, 2022 Page 7 PUBLIC HEARINGS:

17. Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21601 (City Attorney Splendorio) Staff's Recommendation: Receive a report from staff and the City's redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and Open the public hearing and receive public input on district boundaries; and
Close the public hearing.

18. Adopting resolution amending Fiscal Year 2021-22 Miscellaneous Fee Schedule (Finance Director Youmara)
Staff's Recommendation: Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2021-2022 Miscellaneous Fee Schedule;
Close the Public Hearing;
Motion to adopt Resolution No. 3294-22 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2021-2022; or Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

19. Approving Budget Amendment regarding Revenue and Expenditure Adjustments based on Mid-Year Analysis; and adopting Salary Schedule C-22, effective March 3, 2022 (City Manager Waterman and Finance Director Youmara)
Staff's Recommendation: Motion to adopt Resolution No. 3293-22 approving Budget Amendment No. 23 amending the Fiscal Year 2021- 2022 Budget regarding revenue and expenditure adjustments based upon mid-year analysis; and Resolution No. 3297-22 adopting Salary Schedule C-22 Effective March 3, 2022; or
Motion to approve staff's recommendation as presented.

CITY MANAGER REPORTS/UPDATES:

20. Monthly report by City Manager Waterman

City Council Agenda for Meeting of February 28, 2022 Page 8 COMMENTS FROM THE PUBLIC:

NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.

CITY COUNCIL MATTERS:

City Council comments
ADJOURNMENT:

City Council Agenda for Meeting of February 28, 2022 Page 9 CERTIFICATION:

I, Lucy Armstrong, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________

LUCY ARMSTRONG

CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.

In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6317. You may also send the request by email to [email protected].

1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
6:00 PM
City Council Meeting -
4:30 PM
Committee Meeting -
Audit & Finance
Trash pick up delayed Office Hours -
1 day 1:30 PM - 3:30 PM
Observed
City Holiday Merced County
Supervisor McDaniel
President's Day District 3

6:00 PM Meeting - 6:00 PM
City Council Meeting - Planning Commission
Meeting - 6:00 PM

~ February 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
~ March 2022 ~
6:00 PM
City Council Meeting -
Committee Meeting -
Audit & Finance
Office Hours -
1:30 PM - 3:30 PM
Merced County
Supervisor McDaniel
District 3

Begins 6:00 PM Meeting - 6:00 PM

Daylight Saving Time City Council Meeting - Planning Commission

5:30 PM

Committee Meeting -
Citizens' Oversight

4:30 PM
Sunday Monday Tuesday Wednesday Thursday Friday

Saturday

WARRANTS SUMMARY FOR FEBRUARY 28, 2022
TOTAL OF WARRANTS (FROM WARRANT REPORT) I s 423,313.69 I

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)

DATE I DESCRIPTION AMOUNT
2/14/2022 I Prewrittens included in this current warrant run. 2/10/2022 PERS Retirement EFT 1/20/22-2/2/22
Check #19000 Voided-Not in SB
$ (5,514.31)
$ 47,811.57
TOTAL ADDITIONAL WARRANTS $ 42,297.26
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $465,610.95

I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) IDATE I DESCRIPTION !AMOUNT I·
2/10/2022 Net Payroll
2/10/2022 Federal Taxes
2/10/2022 State Taxes
2/10/2022 Payroll Deductions
$165,068.62 $227,026.87
$54,914.63
$7,043.62
$879.68
TOTAL INFORMATIONAL WARRANTS $227,906.55 ~ ~
_.,., CITY TREASURER

Accounts Payable
Checks for Approval
User:

Printed:
jdaniel
2/23/2022 - 11 : 16 AM
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CoTTUn.u11il_1, Fri Cit> Wi
760 B~levue RDOO, .Al:Warer GA 96.301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18999 02/14/2022 Sanitation Enterprise Accounts Payable ROBERT ZAPF 2.03 18999 02/14/2022 Sanitation Enterprise Accounts Payable ROBERT ZAPF 6.53 18999 02/14/2022 Sewer Enterprise Fund Accounts Payable ROBERT ZAPF 17.79 18999 02/14/2022 Water Enterprise Fund Accounts Payable ROBERT ZAPF 14.03 Check Total: 40.38
19001 02/11/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 719.68 Check Total: 719.68
19002 02/11/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
19003 02/18/2022 General Fund Special Departmental Expense DEPT. OF PESTICIDE REGULATIONS 140.00 19003 02/18/2022 General Fund Special Departmental Expense DEPT. OF PESTICIDE REGULATIONS 140.00 Check Total: 280.00
19004 02/18/2022 Information Technology Fund Special Departmental Expense MID VALLEY IT 1,675.00 ---
Check Total: 1,675.00
19005 02/25/2022 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,679.46 Check Total: 1,679.46
19006 02/25/2022 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 256.37 Check Total: 256.37
19007 02/25/2022 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 676.23 Check Total: 676.23
19008 02/25/2022 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 27.19 Check Total: 27.19
AP-Checks for Approval (2/23/2022 - 11: 16 AM) Page I

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 5,514.31
AP-Checks for Approval (2/23/2022 - 11: 16 A.t\1) Page 2

Accounts Payable
Checks for Approval
User:

Printed:
jdaniel
2/23/2022 - 11: 11 AM
City of
Atwater
Ca,n,nu11ilJi Frid~ Cil\. JS'i
760 BelfeVl.1€: Rooo, .An.6.18fer CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 02/28/2022 General Fund Travel/Conferences/Meetings CHASE 104.39 0 02/28/2022 General Fund Travel/Conferences/Meetings CHASE 92.43 0 02/28/2022 General Fund Training CHASE 1,717.38
0 02/28/2022 General Fund Miscellaneous CHASE 482.87
0 02/28/2022 General Fund Office Supplies CHASE 28.34
0 02/28/2022 General Fund Special Departmental Expense CHASE 48.00 0 02/28/2022 General Fund Printing & Advertising CHASE 864.00 0 02/28/2022 General Fund Uniform & Clothing Expense CHASE 73.68 0 02/28/2022 General Fund Professional Services CHASE 53.74 0 02/28/2022 General Fund Training CHASE 222.59
0 02/28/2022 General Fund Uniform & Clothing Expense CHASE 32.50 0 02/28/2022 General Fund Training CHASE 1,969.19
0 02/28/2022 General Fund Special Departmental Expense CHASE 4,353.00 0 02/28/2022 General Fund Travel/Conferences/Meetings CHASE 50.28 0 02/28/2022 Gas Tax/Street Improvement Special Departmental Expense CHASE 120.67 0 02/28/2022 Water Enterprise Fund Memberships & Subscriptions CHASE 252.80 0 02/28/2022 Sewer Enterprise Fund Memberships & Subscriptions CHASE 252.80 0 02/28/2022 Sanitation Enterprise Memberships & Subscriptions CHASE 252.80 0 02/28/2022 Internal Service Fund Operations & Maintenance CHASE 385.59 0 02/28/2022 Information Technology Fund Special Departmental Expense CHASE 1,488.17 0 02/28/2022 Public Safety Trans & Use Tax Machinery & Equipment U.S. BANK EQUIPMENT FINANCE 1,674.65 0 02/28/2022 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 6,288.84 0 02/28/2022 Water Enterprise Fund Machinery & Equipment ENTERPRISE FM TRUST 459.65 0 02/28/2022 Sewer Enterprise Fund Machinery & Equipment ENTERPRISE FM TRUST 459.66 Check Total: 21,728.02
19009 02/28/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 95.00 Check Total: 95.00 ✓
19010 02/28/2022 Information Technology Fund Special Departmental Expense AIRESPRING 3,730.29 Check Total: 3,730.29 -
19011 02/28/2022 Sanitation Enterprise Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 253,241.41 AP-Checks for Approval (2/23/2022 - 11:11 AM) Page I

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 253,241.41
19012 02/28/2022 Internal Service Fund Utilities AMERIGAS - MODESTO 2,896.77 Check Total: 2,896.77
19013 02/28/2022 Water Enterprise Fund Accounts Payable LILIANA ANGELES 21.59 19013 02/28/2022 Sewer Enterprise Fund Accounts Payable LILIANA ANGELES 31.79 19013 02/28/2022 Sanitation Enterprise Accounts Payable LILIANA ANGELES 3.63 19013 02/28/2022 Sanitation Enterprise Accounts Payable LILIANA ANGELES 11.66 Check Total: 68.67
19014 02/28/2022 Water Enterprise Fund Professional Services AQUA METRIC 9,895.00 Check Total: 9,895.00 -
19015 02/28/2022 General Fund Miscellaneous PRISCILA ARREDONDO 7.20 19015 02/28/2022 General Fund Youth Basketball PRISCILA ARREDONDO 180.00 Check Total: 187.20
19016 02/28/2022 Water Enterprise Fund Accounts Payable ILEANA ARVIZU 12.04 19016 02/28/2022 Sewer Enterprise Fund Accounts Payable ILEANA ARVIZU 17.79 19016 02/28/2022 Sanitation Enterprise Accounts Payable ILEANA ARVIZU 6.53 19016 02/28/2022 Sanitation Enterprise Accounts Payable ILEANA ARVIZU 2.03 Check Total: 38.39
19017 02/28/2022 General Fund Communications AT & T MOBILITY 131.40 Check Total: l 3 l.40 /
19018 02/28/2022 General Fund Communications AT and T - CALNET3 305.72 Check Total: 305.72 ,...
19019 02/28/2022 General Fund Communications AT&T 197.95 Check Total: 197.95
19020 02/28/2022 Internal Service Fund Professional Services ATWATER ELECTRIC 162.50 - Check Total: 162.50
19021 02/28/2022 Water Enterprise Fund Accounts Payable GEORGE BIANCHI 225.53 19021 02/28/2022 Sewer Enterprise Fund Accounts Payable GEORGE BIANCHI 95.63 19021 02/28/2022 Sanitation Enterprise Accounts Payable GEORGE BIANCHI 30.63 19021 02/28/2022 Sanitation Enterprise Accounts Payable GEORGE BIANCHI 10.94 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 362.73
19022 02/28/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 11.81 19022 02/28/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 137.63 19022 02/28/2022 Sewer Enterprise Fund Uniform & Clothing Expense BIG CREEK LUMBER COMPANY 36.84 19022 02/28/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 27.15 19022 02/28/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 3.68 Check Total: 217.11
19023 02/28/2022 Sanitation Enterprise Accounts Payable THOMAS BROWN 34.34 19023 02/28/2022 Sanitation Enterprise Accounts Payable THOMAS BROWN 121.58 19023 02/28/2022 General Fund Accounts Payable THOMAS BROWN 6.00 19023 02/28/2022 Water Enterprise Fund Accounts Payable THOMAS BROWN 40.00 Check Total: 201.92 -
19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 38.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 19.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 19024 02/28/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 1,469.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK AS SOCIA TES 114.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 19024 02/28/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 19024 02/28/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 32.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 19024 02/28/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 1,469.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.00 19024 02/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 38.00 Check Total: 5,450.00 -
19025 02/28/2022 General Fund Special Departmental Expense CAL FARM SERVICES 107.71 Check Total: 107.71
19026 02/28/2022 Internal Service Fund Professional Services CAR WASH PARTNERS, INC. 245.00 Check Total: 245.00
19027 02/28/2022 Water Enterprise Fund Accounts Payable HUICHEN 42.21 Check Total: 42.21
AP-Checks for Approval (2/23/2022 - I I: 11 AM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 19028 02/28/2022 General Fund Uniform & Clothing Expense CINTAS 12.32 19028 02/28/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 22.20 19028 02/28/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 41.83 19028 02/28/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 44.35 19028 02/28/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 4.82 19028 02/28/2022 Internal Service Fund Special Departmental Expense CINTAS 17.75 19028 02/28/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 19028 02/28/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.53 Check Total: 170.82
19029 02/28/2022 Internal Service Fund Communications COMCAST CABLE 139.01 Check Total: 139.01
19030 02/28/2022 Water Enterprise Fund Accounts Payable DEBRACOURT 7.01 19030 02/28/2022 Sewer Enterprise Fund Accounts Payable DEBRA COURT 8.89 19030 02/28/2022 Sanitation Enterprise Accounts Payable DEBRA COURT 1.02 19030 02/28/2022 Sanitation Enterprise Accounts Payable DEBRA COURT 2.85 Check Total: 19.77
19031 02/28/2022 General Fund Professional Services CSG CONSULTANTS, INC. 7,670.00 19031 02/28/2022 General Fund Inspection Fees CSG CONSULTANTS, INC. 4,140.00 19031 02/28/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 441.00 Check Total: 12,251.00
19032 02/28/2022 General Fund Accounts Payable D.R. HORTON CA3 INC. 2.00 19032 02/28/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 63.41 Check Total: 65.41
19033 02/28/2022 General Fund Accounts Payable D.R. HORTON CA3 INC. 2.00 19033 02/28/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 9.89 Check Total: 11.89
19034 02/28/2022 General Fund Accounts Payable D.R. HORTON CA3 INC. 2.00 19034 02/28/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 11.87 Check Total: 13.87
19035 02/28/2022 General Fund Accounts Payable D.R. HORTON CA3 INC. 2.00 19035 02/28/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 63.41 Check Total: 65.41
19036 02/28/2022 General Fund Accounts Payable D.R. HORTON CA3 INC. 2.00 19036 02/28/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 3.95 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 5.95
19037 02/28/2022 General Fund Accounts Payable D.R. HORTON CA3 INC. 2.00 19037 02/28/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 5.93 Check Total: 7.93
19038 02/28/2022 General Fund Special Departmental Expense DEPT. OF JUSTICE I 81.00 19038 02/28/2022 General Fund Professional Services DEPT. OF JUSTICE 277.00 Check Total: 458.00
19039 02/28/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -442.80 19039 02/28/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -2,635.20 19039 02/28/2022 General Fund SB I I 86 Fees-Business License DIVISION OF THE STATE ARCHITECT 2,928.00 19039 02/28/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 492.00 Check Total: 342.00
19040 02/28/2022 Sewer Enterprise Fund Special Departmental Expense DOM'S ELECTRIC MOTOR SHOP 10.78 19040 02/28/2022 Sewer Enterprise Fund Professional Services DOM'S ELECTRIC MOTOR SHOP 350.00 Check Total: 360.78
19041 02/28/2022 Internal Service Fund Operations & Maintenance DON'S MOBILE GLASS 59.00 Check Total: 59.00
19042 02/28/2022 Employee Benefits Fund Unemployment Insurance EMPLOYMENT DEVELOPMENT DEPT. 4,104.00 Check Total: 4,104.00
19043 02/28/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 112.55 19043 02/28/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 42.07 19043 02/28/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 107.12 19043 02/28/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 2,118.24 Check Total: 2,379.98
19044 02/28/2022 General Fund Office Supplies FEDERAL EXPRESS 39.68 Check Total: 39.68
19045 02/28/2022 General Fund Professional Services FENCE BUILDERS INC. 400.00 Check Total: 400.00
19046 02/28/2022 Internal Service Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 119.82 Check Total: 119.82
AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 19047 02/28/2022 General Fund Training FRESNO POLICE TRAINING CENTER 606.00 Check Total: 606.00 ,
19048 02/28/2022 Sewer Enterprise Fund Special Departmental Expense GRAINGER, INC. 395.94 19048 02/28/2022 Internal Service Fund Special Departmental Expense GRAINGER, INC. 65.86 Check Total: 461.80
19049 02/28/2022 Internal Service Fund Operations & Maintenance HI-TECH EV S, INC. 141.39 Check Total: 141.39
19050 02/28/2022 Sewer Enterprise Fund Special Departmental Expense HOWARD INDUSTRIES, INC. 9,277.03 ---
Check Total: 9,277.03
19051 02/28/2022 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 121.24 Check Total: 121.24
19052 02/28/2022 Water Enterprise Fund Accounts Payable JAMKE PARTNERSHIP 5.26 19052 02/28/2022 Sewer Enterprise Fund Accounts Payable JAMKE PARTNERSHIP 6.67 19052 02/28/2022 Sanitation Enterprise Accounts Payable JAMKE PARTNERSHIP 0.76 19052 02/28/2022 Sanitation Enterprise Accounts Payable JAMKE PARTNERSHIP 2.45 Check Total: 15.14
19053 02/28/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 3,822.34 19053 02/28/2022 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 348.25 19053 02/28/2022 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 213.75 19053 02/28/2022 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 214.95 19053 02/28/2022 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 143.25 19053 02/28/2022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 473.25 19053 02/28/2022 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 353.25 19053 02/28/2022 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 128.25 19053 02/28/2022 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 267.25 19053 02/28/2022 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 765.25 19053 02/28/2022 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 215.25 19053 02/28/2022 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,002.38 19053 02/28/2022 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 548.25 19053 02/28/2022 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 329.25 19053 02/28/2022 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 365.25 19053 02/28/2022 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 398.25 Check Total: 9,588.42
19054 02/28/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 43.28 19054 02/28/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 428.29 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 19054 02/28/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 396.97 Check Total: 868.54
19055 02/28/2022 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 474.45 Check Total: 474.45
19056 02/28/2022 Water Enterprise Fund Accounts Payable ANTHONY LEGER 54.53 19056 02/28/2022 Sewer Enterprise Fund Accounts Payable ANTHONY LEGER 61.19 19056 02/28/2022 Sanitation Enterprise Accounts Payable ANTHONY LEGER 22.44 19056 02/28/2022 Sanitation Enterprise Accounts Payable ANTHONY LEGER 7.00 Check Total: 145.16
19057 02/28/2022 Water Enterprise Fund Accounts Payable JOHN LEMA 26.91 19057 02/28/2022 Sewer Enterprise Fund Accounts Payable JOHN LEMA 34.12 19057 02/28/2022 Sanitation Enterprise Accounts Payable JOHN LEMA 12.52 19057 02/28/2022 Sanitation Enterprise Accounts Payable JOHN LEMA 3.91 Check Total: 77.46
19058 02/28/2022 Water Enterprise Fund Accounts Payable KAYLIN LEWIS 46.71 19058 02/28/2022 Sewer Enterprise Fund Accounts Payable KA YLIN LEWIS 52.37 19058 02/28/2022 Sanitation Enterprise Accounts Payable KA YUN LEWIS 6.01 19058 02/28/2022 Sanitation Enterprise Accounts Payable KAYLIN LEWIS 19.20 Check Total: 124.29
19059 02/28/2022 Water Enterprise Fund Accounts Payable MICHAELA LILES 143.76 Check Total: 143.76
19060 02/28/2022 Water Enterprise Fund Accounts Payable BARBARA LOCKE 8.77 19060 02/28/2022 Sewer Enterprise Fund Accounts Payable BARBARA LOCKE 1 l.12 19060 02/28/2022 Sanitation Enterprise Accounts Payable BARBARA LOCKE 1.27 19060 02/28/2022 Sanitation Enterprise Accounts Payable BARBARA LOCKE 3.23 Check Total: 24.39
19061 02/28/2022 General Fund Miscellaneous LOOMIS DEPT. 0757 552.79 Check Total: 552.79
19062 02/28/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 253.44 Check Total: 253.44
19063 02/28/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 95.16 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 95.16
19064 02/28/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 25.43 19064 02/28/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 96.98 Check Total: 122.41
19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 282.75 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 282.75 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 282.75 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 480.25 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 282.75 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 282.75 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 480.25 19065 02/28/2022 Water Enterprise Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 282.75 19065 02/28/2022 Internal Service Fund Professional Services MERCED COUNTY DEPT. OF PUBLIC HEALTH 1,998.75 ---
Check Total: 4,655.75
19066 02/28/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 602.58 19066 02/28/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 623.92 19066 02/28/2022 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 166.39 19066 02/28/2022 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.68 19066 02/28/2022 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 402.98 19066 02/28/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 50.48 19066 02/28/2022 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 55.46 19066 02/28/2022 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 27.64 19066 02/28/2022 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 55.46 19066 02/28/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 271.89 19066 02/28/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 16.82 19066 02/28/2022 America West LD Utilities MERCED IRRIGATION DISTRICT 122.83 19066 02/28/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 272.17 19066 02/28/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 16.82 19066 02/28/2022 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 340.35 19066 02/28/2022 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 520.04 19066 02/28/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 511.36 19066 02/28/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 210.24 19066 02/28/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 283.82 19066 02/28/2022 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 16.82 19066 02/28/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 315.87 19066 02/28/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 575.55 19066 02/28/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 3,894.60 Check Total: 9,470.77
19067 02/28/2022 General Fund Training ADOLFO MORALES 11.00 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 11.00
19068 02/28/2022 General Fund Accounts Payable MICHAEL NIXON 2.00 19068 02/28/2022 Water Enterprise Fund Accounts Payable MICHAEL NIXON 156.29 Check Total: 158.29
19069 02/28/2022 General Fund Training WILLIAM NOVETZKE 116.27 Check Total: 116.27
19070 02/28/2022 Water Enterprise Fund Accounts Payable CARLOS OCHOA 79.76 Check Total: 79.76
19071 02/28/2022 General Fund Office Supplies THE OFFICE CITY 100.48 19071 02/28/2022 General Fund Office Supplies THE OFFICE CITY 50.24 19071 02/28/2022 General Fund Office Supplies THE OFFICE CITY 37.22 Check Total: 187.94 --
19072 02/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 96.61 19072 02/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 74.43 19072 02/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 87.23 19072 02/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 368.07 19072 02/28/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 48.70 19072 02/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 523.03 19072 02/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 156.07 19072 02/28/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 28.13 Check Total: 1,382.27 --
19073 02/28/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,309.64 19073 02/28/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 345.34 19073 02/28/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 259.36 19073 02/28/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 4,996.28 19073 02/28/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 2,024.53 Check Total: 8,935.15
19074 02/28/2022 Internal Service Fund Professional Services PETE'S AUTO BODY 1,440.00 19074 02/28/2022 Internal Service Fund Operations & Maintenance PETE'S AUTO BODY 523.82 Check Total: 1,963.82
19075 02/28/2022 Water Enterprise Fund Accounts Payable LORI PHILLIPS 41.94 19075 02/28/2022 Sewer Enterprise Fund Accounts Payable LORI PHILLIPS 47.02 19075 02/28/2022 Sanitation Enterprise Accounts Payable LORI PHILLIPS 17.36 19075 02/28/2022 Sanitation Enterprise Accounts Payable LORI PHILLIPS 5.30 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 111.62
19076 02/28/2022 Water Enterprise Fund Special Departmental Expense PRESTON'S LOCK & KEY 12.18 Check Total: 12.18
19077 02/28/2022 General Fund Special Departmental Expense RAY MORGAN COMPANY 166.71 Check Total: 166.71 --
19078 02/28/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK TRAFFIC SIGNS 1,437.56 Check Total: 1,437.56
19079 02/28/2022 Water Enterprise Fund Accounts Payable BRIAN SCOTT 22.80 19079 02/28/2022 Sewer Enterprise Fund Accounts Payable BRIAN SCOTT 28.91 19079 02/28/2022 Sanitation Enterprise Accounts Payable BRIAN SCOTT 8.41 19079 02/28/2022 Sanitation Enterprise Accounts Payable BRIAN SCOTT 3.31 Check Total: 63.43
19080 02/28/2022 Water Enterprise Fund Special Departmental Expense SHANNON PUMP CO. 292.50 Check Total: 292.50
19081 02/28/2022 Water Enterprise Fund Accounts Payable TRAVIS SLAYTER 30.64 19081 02/28/2022 Sewer Enterprise Fund Accounts Payable TRAVIS SLAYTER 38.87 19081 02/28/2022 Sanitation Enterprise Accounts Payable TRAVIS SLAYTER 14.26 19081 02/28/2022 Sanitation Enterprise Accounts Payable TRAVIS SLAYTER 4.45 Check Total: 88.22
19082 02/28/2022 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 396.00 Check Total: 396.00 ,,,.
19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 55.00 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 39.00 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 24.81 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 68.27 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 113.31 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 318.87 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 194.80 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 90.43 19083 02/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 68.63 ---
Check Total: 973.12
19084 02/28/2022 General Fund Professional Services STERICYCLE, INC. 34.42 AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 34.42
19085 02/28/2022 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 246.00 19085 02/28/2022 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 1.00 Check Total: 247.00
19086 02/28/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,458.67 19086 02/28/2022 Water Enterprise Fund Special Departmental Expense SUPERIORPOOLPRODUCTSLLC 257.20 Check Total: 1,715.87
19087 02/28/2022 General Fund Professional Services TAKIN TOWING 200.00 Check Total: 200.00
19088 02/28/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,796.96 19088 02/28/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 7,139.28 19088 02/28/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,678.88 19088 02/28/2022 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,296.96 ---
Check Total: 13,912.08
19089 02/28/2022 Water Enterprise Fund Accounts Payable THE BAR 123.16 Check Total: 123.16
19090 02/28/2022 General Fund Professional Services TNB TOWING & RECOVERY 200.00 Check Total: 200.00
19091 02/28/2022 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 5,048.34 ---
Check Total: 5,048.34
19092 02/28/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 19092 02/28/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 66.00
19093 02/28/2022 Abandoned Yeh Abatement Fund Special Departmental Expense TYLER TECHNOLOGIES, INC. 4,860.00 19093 02/28/2022 Abandoned Yeh Abatement Fund Special Departmental Expense TYLER TECHNOLOGIES, INC. 400.95 Check Total: 5,260.95
19094 02/28/2022 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,387.50 19094 02/28/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 626.06 19094 02/28/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,169.15 Check Total: 4,182.71
--
AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 19095 02/28/2022 Internal Service Fund Operations & Maintenance VAN DE POL 4,516.32 Check Total: 4,516.32 ,.....
19096 02/28/2022 General Fund Accounts Payable KAEO VANG 2.00 19096 02/28/2022 Water Enterprise Fund Accounts Payable KAEO VANG 104.11 Check Total: 106.11
19097 02/28/2022 General Fund Training ROBERT VARGAS 323.76 19097 02/28/2022 General Fund Training ROBERT VARGAS 145.26 Check Total: 469.02
19098 02/28/2022 Water Enterprise Fund Accounts Payable LUIS VAZQUEZ 109.48 Check Total: 109.48 -
19099 02/28/2022 General Fund Communications VERIZON WIRELESS 886.91 19099 02/28/2022 General Fund Communications VERIZON WIRELESS 1,033.77 19099 02/28/2022 Public Safety Trans & Use Tax Communications VERIZON WIRELESS 111.53 19099 02/28/2022 Abandoned Veh Abatement Fund Communications VERIZON WIRELESS 81.02 19099 02/28/2022 General Fund Communications VERIZON WIRELESS 139.35 19099 02/28/2022 General Fund Miscellaneous VERIZON WIRELESS 354.94 19099 02/28/2022 General Fund Miscellaneous VERIZON WIRELESS 40.01 19099 02/28/2022 General Fund Communications VERIZON WIRELESS 101.34 19099 02/28/2022 General Fund Communications VERIZON WIRELESS 50.67 19099 02/28/2022 General Fund Communications VERIZON WIRELESS 152.01 19099 02/28/2022 General Fund Communications VERIZON WIRELESS 91.34 19099 02/28/2022 Gas Tax/Street Improvement Communications VERIZON WIRELESS 243.19 19099 02/28/2022 Water Enterprise Fund Communications VERIZON WIRELESS 306.03 19099 02/28/2022 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.03 19099 02/28/2022 Sewer Enterprise Fund Communications VERIZON WIRELESS 458.67 19099 02/28/2022 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.09 19099 02/28/2022 Sanitation Enterprise Communications VERIZON WIRELESS 50.67 19099 02/28/2022 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 19099 02/28/2022 Internal Service Fund Communications VERIZON WIRELESS 50.67 19099 02/28/2022 Internal Service Fund Utilities VERIZON WIRELESS 80.15 19099 02/28/2022 Internal Service Fund Communications VERIZON WIRELESS 101.34 19099 02/28/2022 Information Technology Fund Communications VERIZON WIRELESS 86.93 Check Total: 4,538.67
19100 02/28/2022 General Fund Miscellaneous JUSTIN VINSON 3.60 19100 02/28/2022 General Fund Youth Basketball JUSTIN VINSON 90.00 Check Total: 93.60
AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 19101 02/28/2022 Water Enterprise Fund Accounts Payable KISSYWARD 28.23 19101 02/28/2022 Sewer Enterprise Fund Accounts Payable KISSYWARD 28.03 19101 02/28/2022 Sanitation Enterprise Accounts Payable KISSYWARD 10.29 19101 02/28/2022 Sanitation Enterprise Accounts Payable KISSYWARD 3.21 Check Total: 69.76
19102 02/28/2022 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 276.68 19102 02/28/2022 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 18.09 19102 02/28/2022 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 0.72 Check Total: 295.49
19103 02/28/2022 General Fund Travel/Conferences/Meetings LORI WATERMAN 25.42 Check Total: 25.42
19104 02/28/2022 General Fund Professional Services WEEDMAN 1,086.00 Check Total: 1,086.00
19105 02/28/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 24.73 19105 02/28/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 15.70 Check Total: 40.43
19106 02/28/2022 General Fund Special Departmental Expense WORK WELLNESS 397.00 19106 02/28/2022 General Fund Special Departmental Expense WORK WELLNESS 1,147.00 Check Total: 1,544.00 --
Report Total: 417,799.38
AP-Checks for Approval (2/23/2022 - 11: 11 AM) Page 13

ST ATEMRNT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS Of 01/31/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 4,619,070.57 4,643,996.64 600,715.88 8,662,351.33 0003 General Fund Capital 837,703.71 0.00 588,274.16 249,429.55 0004 Public Safety Trans & Use Tax 1,073,835.39 297,540.04 92,557.07 1,278,818.36 0005 Ferrari Ranch Project Fund 21,080.26 0.00 0.00 21,080.26 0007 Measure V Fund 2,816,816.24 59,947 80 0.00 2,876,764.04 0008 Measure V 20% Alternative Modes 435,652.07 14,986.95 0.00 450,639.02 0009 Abandoned Veh Abatement Fund (9,268.64) 4,008.28 1,480.72 (6,741.08) 0010 Measure V Regional Fund (271,809.50) 0.00 0.00 (271,809.50) 1005 Police Grants Fund 81,564.44 26.42 0.00 81,590.86
1010 ARPA-American Rescue Plan Act 3,538,636.99 0,00 000 3,538,636.99 1011 Gas Tax/Street Improvement 134,079.15 0.00 32,782.12 101,297.03 1013 Local Transportation Fund 618,083.19 638,52 1,404.78 617,316.93 1015 Traffic Circulation Fund 1,448,175.47 8,321.01 4,761.65 1,451,734.83 1016 Applegate Interchange 768,663.12 0.00 000 768,663.12 1017 RSTP-Regional Surface Transp Prog 2,322,495.30 0.00 0.00 2,322,495.30 1018 SB1-Road Maint & Rehab RMRA 1,745,968.42 52,361.52 17,798.35 1,780,531.59 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,340,005.48 7,146.00 0.00 2,347,151.48 1040 General Plan Update-Housing Element 0.00 0.00 0.00 0.00 1041 General Plan Update Fund 350,304.03 0.00 000 350,304.03 1050 Buhach Colony High School 231,023.37 0.00 0.00 231,023.37 1055 Neighborhood Stabilization 220.489.89 0.00 0.00 220,489.89 1059-78 Housing Grant Funds 661,072.07 0.00 0.00 661,072.07 1091 Police Facility Impact Fee 204,502.04 1,203.00 0.00 205,705.04 3064-67 Redevelopment/Successor Agency Funds 1,714,474.24 981,104.05 6,370.54 2,689,207.75 4020 Performance Bond Trust 219,192.61 0.00 0.00 219,192.61 4030 Narcotics Program Trust 2,070.25 0.00 0.00 2,070.25 4060 Section 125 Medical 882.50 190.00 0.00 1,072.50
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 231,312.75 000 8,228.20 223,084.55

STATEMENT OF CHANGES lN CASH BALANCE, lJNAUDrTED

BY FUND
AS OF 01/31/2022
FUND
4090 CFD No. 1 Trust
5001-55 All Maintenance Districts
5050 CFD Districts
6000 Water Enterprise Fund
6001 Water Fund Capital Replacement
6002 DBCP Settlement
6004 Water Well- Buhach Colony
6005 Water Capital Impact Fees
6006 Water Operating Reserve Fund
6007 1,2,3-TCP Fund
601 O Sewer Enterprise Fund
6011 Sewer Fund Capital Replacement
6020 Sanitation Enterprise
7000 Internal Service Fund
7001 ISF Equipment/Bldg Replacement
7010 Employee Benefits Fund
7020 Risk Management
7030 Information Technology
9090 Accrued Interest Fund
TOTAL
BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL
130.738.02 0.00 0.00 130,738.02

1.424.498 38 80,623.14 11,584.84 1,493,536.68
(273,392.70) 313,788.96 68,145.47 (27,749.21)
6,840,978.73 570,360 76 146,597.47 7,264.742.02
3,480,251.17 0.00 319,025.65 3,161,225.52
20,532.77 0.00 0.00 20,532.77
183,501.17 0.00 0.00 183,501.17
2,450,705.87 8,067.00 0,00 2,458,772.87
179,929.93 0.00 0.00 179,929.93
19,789,058.60 0.00 225,770.70 19,563,287.90
16,431,894.22 864,215.06 686,871.27 16,609,238.01
3,516,711.67 11,001.00 0.00 3,527,712.67
2,597,621.64 418,470.25 259,930.89 2,756,161.00
588,181.51 2,295 53 83,867.44 506,609.60

0.00 0.00 0.00 0.00
766,293.81 6,155.94 51,981.99 720,467.76
612,634.01 97,686 00 200,154.74 510,165.27
342,377.27 0.00 30,648.02 311,729.25

0.00 33,560.49 0.00 33,560.49
85,883,285.69 8,480,390.64 3,438,951.95 90,924,724.38
Approved by:
?~ -----
Mark Borba, City Treasurer

Stute11u.~11t oi f'laanges in Caslt llalau~e
lty Honk
As oi 1/31/2022
Beg. Period
Balance
City- LAIF
City- RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
us Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
55,031,781.66
1,143,925.00
1,333,252.04
5,396,411.72
2,903.74
22,943,698.78
231,312.75
Cash
Debits
32,419.49
1,141.00
8,446,830.13

0.02 Cash
Credits
2,838,035.85
370,842.20
221,845.70
8,228.20
End Period
Balance
55,064,201.15
1,145,066.00
6,942,046.32
5,025,569.52
2,903.76
22,721,853.08
223,084.55
85,883,285.69
Prepared by:-1.,_1. ------t~"----------
/4 Ricardo Orozco, Accountant I
8,480,390.64 3,438,951.95 90,924,724.38
Approved by:~~--=-----------
Mark Borba. City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines The City of Atwater has lhe ability to meet ,ts pooled expenditure requirements for the next six months.

City lAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,064,201 15
1, 145,oee.oo
22,721,853.08
223,084.55
Bank Account Detail
Chase General Checking
Ch•e Wastewater Checking
Chan Redevelopment Checldng
6,765,020.11
5,025,569.52
2,903.76

CITY COUNCIL
AND

HOUSING SUCCESSOR AGENCY TO THE

ATWATER REDEVELOPMENT AGENCY

ACTION MINUTES
February 14, 2022
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 4:32 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California and on Zoom; Mayor Creighton presiding.

ROLL CALL:

Present: City Council Members Ambriz (4:35 PM), Button, Raymond (via teleconference), Mayor Pro Tem Cale, Mayor Creighton

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Information Technology Manager Lamerson, Deputy City Clerk Martin
CLOSED SESSION: (Conference Room A)
Mayor Creighton invited public comment on Closed Session items.

No one came forward to speak.

Mayor Creighton adjourned the meeting to Conference Room A for Closed Session at 4:34 PM. Closed Session was called to order at 4:38 PM.

CITY OF ATWATER
Minutes

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 2 Conference with Labor Negotiators – Government Code Section 54957.6, Agency Negotiators: City Manager Waterman, Deputy City Manager Del Real, and City Attorney Splendorio, Bargaining Units: Atwater Police Officers Association and AFSCME Local 2703 – Clerical Employees Unit, Mid-Managers Group, Miscellaneous Employees Unit, and Unrepresented Employees
Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (1) Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Name of case: Samuel Joseph v. City of Atwater; Case No. 18CV-04981 Closed Session adjourned at 5:59 PM.

REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater and the Board of Directors of the Housing Successor Agency to the Atwater Redevelopment Agency met in Regular Session this date at 6:03 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California and on Zoom; Mayor/Board Chair Creighton presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Pastor Jimmie Davis.

INVOCATION:

The Invocation was led by Police Chaplain Rich Miller.

ROLL CALL: (City Council/Board of Directors)

Present: City Council Members/Board Members Ambriz, Button, Raymond, Mayor Pro Tem/Board Vice Chair Cale, Mayor/Board Chair Creighton

Absent: None
Staff Present: City Manager/Executive Director Waterman, City Attorney Splendorio, CAL FIRE Battalion Chief Ayuso (via
teleconference), Police Chief Salvador, Public
Works/Community Development Director Thompson, Finance
Director Youmara, Information Technology Manager Lamerson (via teleconference), Deputy City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

City Attorney Splendorio reported that the City Council was provided direction and no reportable action was taken. The Closed Session agenda was completed.

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 3 SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member/Board Member Raymond moved to approve the agenda as posted. The motion was seconded by City Council Member/Board Member Button and the vote was: Ayes: Button, Ambriz, Cale, Raymond, Creighton; Noes: None; Absent: None. The motion passed.

CEREMONIAL MATTERS:

Proclamation
Black History Month, February 1 – March 1, 2022
Mayor Creighton presented the proclamation to the Ebony Socialites of Atwater, recognizing and honoring the month of February 1, 2022 to March 1, 2022 as Black History Month.

Mayor Creighton called a recess at 6:17 PM.

The City Council returned to the dais and Mayor Creighton resumed the meeting at 6:26 PM.

CONSENT CALENDAR:

Agenda item #13 under Petitions and Communications, “Approving fee waiver requested by Merced County Registrar of Voters to use Atwater Community Center as a Voting Assistance Center for 2022 Elections,” was removed from the Consent Calendar for separate discussion and possible action.

MOTION: Mayor Pro Tem Cale moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Raymond, Cale, Ambriz, Button, Creighton; Noes: None; Absent:

None. The motion passed.

WARRANTS:

1. February 14, 2022
ACTION: Approval of warrants as listed.

TREASURER’S REPORT:

2. December 31, 2021
ACTION: Approval of report as listed.

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 4 MINUTES: (City Council)

3. a) January 24, 2022 – Regular meeting
b) January 31, 2022 – Special meeting
ACTION: Approval of minutes as listed.

RESOLUTIONS:

4. Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)
ACTION: Adoption of Resolution No. 3292-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.

5. Approving Budget Amendment allocating funding for Affordable Housing Consulting Services and Approving Professional Services Agreement with RSG, Inc. for SB 341 Annual Reports (Public Works/Community Development Director Thompson)
ACTION: Adoption of Resolution No. HSA 2022-1 approving Budget Amendment No. 24 amending Fiscal Year 2021-22 Budget to allocate funding for Affordable Housing Consulting Services with RSG, Inc. in an amount not to exceed $5,000; approves a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. for SB 341 Annual Reports; and authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City.

6. Approving Budget Amendment establishing budget appropriation for Affordable Housing Underwriting Services and Approving Professional Services Agreement with RSG, Inc. for Affordable Housing Underwriting Services (Public Works/Community Development Director Thompson)
ACTION: Adoption of Resolution No. HSA 2022-2 approving Budget Amendment No. 25 amending Fiscal Year 2021-22 Budget to establish revenue and expenditure budget appropriation for Affordable Housing Underwriting Services for the proposed Chelsea Investment Corporation Affordable Housing Project with RSG, Inc. in an amount not to exceed $14,995; approves a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. for Affordable Housing Underwriting Services; and authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City.

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 5

7. Designating All-Way Stop Control at intersection of Commerce Avenue at Applegate Ranch Shopping Center Commercial Driveways (Public Works/Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3288-22 designating All-Way Stop Control at the intersection of Commerce Avenue at the Applegate Ranch Shopping Center Commercial Driveways.

8. Adopting Notification of Intent to Comply to California Department of Resources Recycling and Recovery (Public Works/Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3281-22 adopting the Notification of Intent to Comply to the California Department of Resources Recycling and Recovery (CalRecycle); and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.

9. Approving Budget Amendment establishing budget appropriation for Building Division to allow customers to make online payments through Bambora (Chief Building Official/Fire Code Official Pereida)
ACTION: Adoption of Resolution No. 3289-22 approving Budget Amendment No. 21 amending Fiscal Year 2021-22 Budget to establish a revenue and expense budget appropriation for $5,240.00 for the Building Division to allow customers to make online payments through Bambora.

PUBLIC IMPROVEMENTS:

10. Accepting Winton Way Reconstruction Project as complete (Public Works/Community Development Director Thompson)
ACTION: Accepts work done under the contract for Winton Way Reconstruction, City Project No. 15-1; authorizes a final payment in the amount of $141,865.37; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

11. Waiving the second reading and adopting an ordinance of the City Council amending Section 13.12.120, “Service to Users Outside City Limits,” of Title 13, “Public Services,” of the Atwater Municipal Code (Public Works/Community Development Director Thompson)
ACTION: Waives the second reading and adopts Ordinance No. CS 1043 amending Section 13.12.120, “Service to Users Outside City Limits,” of Title 13, “Public Services,” of the Atwater Municipal Code.

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 6

12. Waiving the second reading and adopting an ordinance of the City Council amending Section 2.07.010, “Commission Appointments,” of Title 2, “Administration and Personnel” of the Atwater Municipal Code (Public Works/Community Development Director Thompson)
ACTION: Waives the second reading and adopts Ordinance No. CS 1044 amending Section 2.07.010, “Commission Appointments,” of Title 2, “Administration and Personnel,” of the Atwater Municipal Code.

PETITIONS AND COMMUNICATIONS:

13. Approving fee waiver requested by Merced County Registrar of Voters to use Atwater Community Center as a Voting Assistance Center for 2022 Elections (City Clerk Armstrong & Merced County Registrar of Voters) This item was removed from the Consent Calendar for separate discussion and possible action.

PETITIONS AND COMMUNICATIONS:

Approving fee waiver requested by Merced County Registrar of Voters to use Atwater Community Center as a Voting Assistance Center for 2022 Elections (City Clerk Armstrong & Merced County Registrar of Voters)
Darlene Ingersoll of the Merced County Registrar of Voters thanked the City Council for their consideration of this item.

MOTION: City Council Member Button moved to approve a fee waiver requested by the Merced County Registrar of Voters to use the Atwater Community Center from May 28, 2022 to June 8, 2022 and October 29, 2022 to November 9, 2022 for the June 7, 2022 Statewide Direct Primary Election and November 8, 2022 Midterm Election; and authorizes and directs the City Manager, or her designee , to execute any and all documents necessary to waive the facility rental fees associate with Merced County Registrar of Voters using the Atwater Community Center as a Voting Assistance Center. The motion was seconded by City Council Member Raymond and the vote was: Ayes: Ambriz, Raymond, Cale, Button, Creighton; Noes: None; Absent: None. The motion passed.

PUBLIC HEARINGS:

Consideration of Criteria and Process Regarding City Council District Electoral Boundaries and Receive Public Input (City Attorney Splendorio) City Attorney Splendorio provided background information on this item.

Henry Castillo of Best Best & Krieger LLP presented a PowerPoint presentation detailing the 2021-22 redistricting process which includes City Council terms,

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 7 redistricting rules and goals, existing districts and district boundaries, preeminent considerations, sources of information, and the redistricting timeline.

Mayor Creighton opened the public hearing to receive public input on district boundaries.

No one came forward to speak, and Mayor Creighton closed the public hearing.

Adopting 2020 Urban Water Management Plan (Public Works/Community Development Director Thompson)
Public Works/Community Development Director Thompson recommended to the City Council to continue this public hearing to the next regular City Council meeting of February 28, 2022.

MOTION: City Council Member Raymond moved to continue the public hearing for adopting 2020 Urban Water Management Plan to the next regular City Council meeting of February 28, 2022. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Raymond, Ambriz, Button, Creighton; Noes:

None; Absent: None. The motion passed.

Mayor Creighton opened the public hearing for continuance to the next regular City Council meeting of February 28, 2022.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Four people spoke in opposition of the color choices used for the City’s Water Tower Renovation/Recoating Project.

One person voiced their frustrations in dealing with the City’s Planning Division, Code Enforcement Division, and the Police Department with starting a new business.

One person spoke regarding respect for Police Officers.

No one else came forward to speak.

City Council and Housing Successor Agency to ARA Meeting Action Minutes for February 14, 2022 Page 8 CITY COUNCIL MATTERS:

City Council comments
City Council Member Button clarified that there was no ill-intent behind the City Council’s decision of the color choices used for the City’s Water Tower Renovation/Recoating Project. He also asked to extend the duration of the scaffolding for the project and expressed his disappointment towards the current removal of the scaffolding.

City Council Member Raymond wished his wife a Happy Valentine’s Day and his father-in-law a Happy Birthday.

Mayor Pro Tem Cale wished his wife a Happy Valentine’s Day and expressed his appreciation for the community’s work and contributions to Memorial Ball Park.

He also clarified that there was no ill-intent behind the City Council’s decision of the color choices used for the City’s Water Tower Renovation/Recoating Project, as this project is for the City’s upcoming Centennial Celebration.

City Council Member Ambriz had nothing to report.

Mayor Creighton wished the community a Happy Valentine’s Day and thanked the community for coming to the City Council meeting and voicing their opinions. He also clarified that there was no ill-intent behind the City Council’s decision of the color choices used for the City’s Water Tower Renovation/Recoating Project and explained that there were prior opportunities for the public to review and speak on these matters.

ADJOURNMENT:

Mayor Creighton adjourned the meeting at 7:04 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary

CITY OF ATWATER

SPECIAL MEETING

CITIZENS' OVERSIGHT COMMITTEE
FOR

PUBLIC SAFETY TRANSACTIONS

AND USE TAX

ACTION MINUTES
June 9, 2021
REGULAR SESSION: (Council Chambers)
The City of Atwater Citizens' Oversight Committee for Public Safety Transactions and Use Tax met in Special Session this date at
5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Chairperson Hyler presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Chairperson Hyler.

ROLL CALL:

Present:

Absent:

Staff Present:

Committee Members Brantley, Dash, Garner, Pirtle,
Chairperson Hyler
Committee Members Brice, Castro
City Manager Waterman, CAL FIRE Battalion Chief Ayuso,
Police Chief Salvador, Finance Director Jacobs-Hunter, Deputy City Clerk Martin
Committee Member Garner arrived at 5:32 PM.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for June 9 2021 Page 2 COMMENTS FROM THE PUBLIC:

Notice to the public was read.

No one came forward to speak.

Chairperson Hyler closed the public comment.

MINUTES:

May 25, 2021 - Regular Meeting
MOTION: Committee Member Dash moved to approve the minutes as listed. The motion was seconded by Committee Member Garner and the vote was: Ayes: Dash, Garner, Brantley, Pirtle, Hyler; Noes: None; Absent; Brice, Castro. The motion passed.

BUSINESS:

Setting meeting dates and times
MOTION: Committee Member Garner moved to set meeting dates and times as outlined in Chapter 3.45.160 "Establishment of Citizens' Oversight Committee," Section D "Meetings" of the Atwater Municipal Code. Dates are set to first Tuesday in September at 5:30PM and will proceed quarterly after that. The motion was seconded by Committee Member Dash and the vote was: Ayes: Garner, Pirtle, Brantley, Dash, Hyler; Noes: None; Absent; Brice, Castro. The motion passed.

Review proposed FY 21-22 Public Safety Transactions and Use Tax Expenditure Plan Finance Director Jacobs-Hunter provided background information on this item.

MOTION: Committee Member Garner moved to make the finding that the proposed FY 21-22 Public Safety Transaction and Use Tax Expenditure Plan conforms with the City of Atwater Public Safety Transactions and Use Tax Program Guidelines; and recommends forwarding to the City Council for adoption with the FY 21-22 Budget. The motion was seconded by Committee Member Brantley and the vote was: Ayes: Dash, Brantley, Pirtle, Garner, Hyler; Noes: None; Absent; Brice, Castro; The motion passed.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for June 9 2021 Page 3 REPORTS AND PRESENTATIONS FROM STAFF:

Police Department Update (Police Chief Salvador)
Police Chief Salvador gave a verbal report regarding traffic accidents within City limits, gave information regarding the COPS Universal hiring grant, and explained that the grant will be submitted in two weeks to help with the community policing project.

Fire Department Update (CAL FIRE Battalion Chief Ayuso) CAL FIRE Battalion Chief Ayuso gave a verbal report regarding the completion of the state mandated SB 1205 Compliance inspections, updated the Committee that 1900 calls have been completed as June 8, 2021, the implementation of the new fire engine will be a ceremonial matter at the last City Council meeting of June, and spoke regarding staffing and dropping the City of Atwater ISO rating which is done every five years.

Verbal Financial Report (Finance Director Jacobs-Hunter) Finance Director Jacobs-Hunter gave a verbal report stating the Fiscal Year 2021-22 Budget would be available for review at the next City Council meeting of June 14, 2021.

COMMITTEE MATTERS:

Committee Member Brantley had nothing to report.

Committee Member Dash had nothing to report.

Committee Member Garner thanked staff for answering his questions.

Committee Member Pirtle had nothing to report.

Chairperson Hyler addressed questions regarding expenditures, commented on the new fire truck, and thanked staff for their time.

No other comments from committee members.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for June 9 2021 Page 4 ADJOURNMENT:

Chairperson Hyler adjourned the meeting at 6:43 PM.

APPROVED:
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Don Hyler Ill, Chairperson
By: Janell Martin
Oversight Recording Secretary

CITY OF ATWATER

CITIZENS' OVERSIGHT COMMITTEE
FOR

PUBLIC SAFETY TRANSACTIONS

AND USE TAX

ACTION MINUTES
September 7, 2021
REGULAR SESSION: (Council Chambers)
The City of Atwater Citizens' Oversight Committee for Public Safety Transactions and Use Tax met in Regular Session this date at
5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Vice Chairperson Brice presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Vice Chairperson Brice.

INVOCATION:

The Invocation was led by Police Chaplain Jim McClellan.

ROLL CALL:

Present:

Absent:

Staff Present:

Committee Members Castro, Dash, Garner, Pirtle, Vice
Chairperson Brice
Committee Member Brantley, Chairperson Hyler
City Manager Waterman, Police Chief Salvador, CAL FIRE
Battalion Chief Ayuso, Finance Director Youmara, Deputy City Clerk Martin, Recording Secretary Thuang
SUBSEQUENT NEED ITEMS: None.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Action Minutes for September Z 2021 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Committee Member Dash moved to approve the agenda as posted. The motion was seconded by Committee Member Garner and the vote was: Ayes:

Garner, Dash, Castro, Pirtle, Brice; Noes: None; Absent: Brantley, Hyler. The motion passed.

MINUTES:

June 9, 2021 - Special meeting
MOTION: Committee Member Garner moved to approve the minutes as listed. The motion was seconded by Committee Member Dash and the vote was: Ayes: Garner, Pirtle, Dash, Castro, Brice; Noes: None; Absent: Brantley, Hyler. The motion passed.

BUSINESS:

Accepting the 2021/2022 Regular Meeting Schedule
MOTION: Committee Member Dash moved to accept the Regular Meeting Schedule as listed, with the option of contacting the City Manager as necessary for Special Meetings. The motion was seconded by Committee Member Pirtle and the vote was: Ayes: Dash, Pirtle, Garner, Castro, Brice; Noes: None; Absent: Brantley, Hyler.

The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Police Department Update (Police Chief Salvador)
Police Chief Salvador provided an update regarding the City's Fourth of July Event, Back to School Day, traffic issues within the City, the possible recruitment of traffic officers, and he addressed concerns from Committee Members regarding pedestrian crosswalks and Police Department capital expenditures.

Fire Department Update (CAL FIRE Battalion Chief Ayuso) CAL FIRE Battalion Chief Ayuso provided an update regarding the City's Fourth of July Event, call volume to Station 41 and 42, the increase in accidents due to construction on Highway 99, the last payment made to the new fire engine, staffing levels, the Fire Department's preparation for the City's Remembrance of 9111 Event, and he addressed concerns from Committee Members regarding the volume of calls during the Fourth of July holiday.

One person asked for clarification regarding the volume of medical related calls to the Fire Departments, EMT certification of Fire Department personnel, and equipment availability.

Citizens' Overs ight Committee for Public Safety Tra nsactions and Use Tax Action Minutes for September Z 2021 Page 3 Financial Report (Finance Director Youmara)
Finance Director Youmara provided an update regarding the unaudited budget status report for the Fiscal Year 2021-22 Public Safety Transactions and Use Tax Fund, and she addressed concerns from Committee Members regarding unallocated expenses, the beginning balance of the budget status report, revenues, and expenses.

City Manager Waterman and CAL FIRE Battalion Chief Ayuso clarified concerns from Committee Members regarding checks paid.

Police Chief Salvador clarified concerns from Committee Members regarding budget line items related to the Police Department.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding funding from Measure H, the number of Committee Members, meeting dates and times of the Citizens' Oversight Committee for Public Safety Transactions and Use Tax, the inclusion of Town Hall meetings, and the staffing levels and availability of the Fire Department in the City.

No one else came forward to speak.

COMMITTEE MATTERS:

Committee Member comments
Committee Member Garner asked for clarification regarding the Fire Department's agreement between the City and County. He spoke regarding the education of Measure H to the community and the City's reliance on mutual aid agreements.

Committee Member Dash spoke regarding outreach and education of Measure H to the community.

Committee Member Castro asked the public to send questions to him to be answered by the Committee and asked Police Chief Salvador and CAL FIRE Battalion Chief Ayuso about the impact of staffing levels within the Police and Fire Departments.

Committee Member Pirtle spoke regarding the importance of mutual aid within different jurisdictions and reminded the community of Breakfast with the Chief that Police Chief Salvador hosts.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Action Minutes for September Z 2021 Paqe4 CAL FIRE Battalion Chief Ayuso stated a presentation will be given in an upcoming meeting to educate the public and Committee about the differences and benefits of mutual aid and auto aid.

Vice Chairperson Brice spoke regarding Committee meeting procedures, public meetings, and he reminded the community of the City's Remembrance of 9/11 Event.

ADJOURNMENT:

Vice Chairperson Brice adjourned the meeting at 6:35 PM.

APPROVED:
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Gaace, Vice Chairperson
BY: Leslie Thuang
Oversight Recording Secretary

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 28, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED BY: Janell Martin
SUBJECT: Approving specifications authorizing advertising and call for bids for purchase of one (1) new 2022 Hyundai Santa Fe PlugIn Hybrid Electric Vehicle (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Approval of specifications and authorizes advertising and call for bids for the purchase of one (1) new 2022 Hyundai Santa Fe Plug-In Hybrid Electric Vehicle, Bid Call No. 713-22; and authorizes and directs the City Manager, or her designee, to award and execute all documents related to the purchase on behalf of the City.

I. BACKGROUND/ANALYSIS:

On May 24, 2021, the City Council adopted Resolution No. 3223-21 authorizing the City to apply for a grant from the San Joaquin Valley Air Pollution Control District "SJVAPCD" to purchase a new electric, plug-in hybrid, or alternative-fueled vehicle.

This item satisfies a requirement of the City’s purchasing process to facilitate the completion of the grant application.

The City received an award notification that its application was approved as submitted in the amount of $20,000, and an agreement was forwarded from The SJVAPCD to purchase one (1) new electric,plug-in hybrid, or alternative-fueled vehicles to promote clean air alternative-fuel technologies and the use of low-or zero-emission vehicles in public fleets. The new hybrid vehicle will save the City approximately $1,500 per year in operation costs over the traditional vehicle.

In accordance with the City of Atwater Purchasing System Manual, Section 7, Purchasing greater than or equal to $25,000, Formal Contract Procedures (Formal Bid), prior to initiating the bid process, approval to go out to bid must be granted by the City Council. The request shall provide specifications for the item to be purchased with as much detail as possible so that the City Council can understand the nature of the proposed purchase. Staff has prepared a bid call package/specification (EXHIBIT “A”) for City Council approval.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
By utilizing the SJVAPCD grant funding source, the City will take advantage of this onetime cost allocation for the purchase of one (1) new vehicle for the City Manager which will satisfy the immediate and future needs of the City Manager position. The vehicle (leased) currently used by the City Manager is planned to be utilized by the Police Department for the Detective Unit and will be outfitted for such.

II. FISCAL IMPACTS:

Should the City Council approve the Mid-Year analysis, sufficient funding will be available in the General Fund, City Administration, Machinery and Equipment account number 0001-1010-6021. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan:
to ensure the City's continued financial stability.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been coordinated between the Administration and the Police Department.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is exempt under the provisions of the California Environmental Quality Act (CEQA) under section 15308 “Actions by Regulatory Agencies for the Protection of the Environment.” The action, and similar actions taken by the City would move the City and the State forward in reaching their greenhouse gas reduction goals.

IX. STEPS FOLLOWING APPROVAL:

Agenda Report - Page 3
Upon approval of the specifications by the City Council, staff will advertise the Notice Inviting Bids as outlined in the Purchasing Manual.

Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A - Bid Call No. 713-22

1 CITY OF ATWATER
CALL FOR BIDS:

ONE NEW 2022 HYUNDAI SANTA FE

PLUG-IN HYBRID ELECTRIC VEHICLE
BID CALL NO. 713-22
Notice is hereby given that sealed bids will be received at Atwater City Hall until 2:00 PM local time, on Thursday, March 10, 2022, at which time they will be publicly opened and read for the furnishing and delivering of One (1) New 2022 Hyundai Santa Fe plug-in hybrid electric vehicle.

Please carefully read and follow the instructions. Bids shall be presented under sealed cover. Clearly marked “Bid Call No. 713-22; One (1) New 2022 Hyundai Santa Fe Plug-in Hybrid Electric Vehicles,” and bid submittal deadline date on the outside and mailed or delivered to:

City of Atwater
City Clerk’s Office
750 Bellevue Road
Atwater, California
Contact: Lucy Armstrong, City Clerk
Phone: 209-357-6300
E-Mail : [email protected]
Any bidder who wishes their bid to be considered is responsible for making certain that their bid is received by the City Clerk's office by the Bid Submittal Deadline. NO ORAL,

TELEPHONIC, TELEGRAPHIC, OR FACSIMILE BIDS OR MODIFICATIONS WILL BE CONSIDERED. BIDS RECEIVED AFTER THE BID SUBMITTAL DEADLINE WILL BE

REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

DUE TO THE ONGOING COVID-19 PANDEMIC SUBMISSIONS OF BIDS AND PROPOSALS WILL BE ACCEPTED VIA ELECTRONIC MEANS. ELECTRONIC BIDS

MUST BE EMAILED TO LUCY ARMSTRONG, CITY CLERK AT
[email protected].

BID SUBMITTAL DEADLINE; 2:00 P.M., THURSDAY, March 10, 2022 BIDS WILL BE CONSIDERED LATE WHEN THE CITY CLERK’S OFFICIAL TIME CLOCK READS 2:00 P.M.

By order of the City Council of the City of Atwater, State of California on February 28, 2022 /s/ Lucy Armstrong

LUCY ARMSTRONG
City Clerk

2 TABLE OF CONTENTS
SECTION ...........................................................................................................................PAGE

1. Technical Specifications .....................................................................................3

2. Invitation for Bid Calendar and Checklist ........................................................... 4

3. Instructions for Submitting Bids ......................................................................... 5

4. General Terms and Conditions......................................................................... 7

5. Award of Bid....................................................................................................... 13

ATTACHMENTS
A. Signature Sheet................................................................................................. 16 B. Bid Cost Sheet................................................................................................... 17 C. References ........................................................................................................ 18

3 SECTION 1

TECHNICAL SPECIFICATIONS
PURCHASE OF ONE (1) NEW HYUNDAI SANTA FE PLUG-IN HYBRID ELECTRIC

VEHICLES
The City of Atwater received a grant from the San Joaquin Valley Air Pollution Control district for the purchase of one (1) new 2022 Hyundai Santa Fe plug-in hybrid electric vehicles.

The following specifications will be considered as minimum. The vehicles shall be of new, current Manufacture, model year 2022. The units shall be delivered completely assembled, serviced and ready to operate.

Bidder shall initial in the space provided for Minimum Specifications and Options to indicate that the bidder has read that item and can supply the item required. Do not initial the item if you are unable to supply the item as required. If unable to supply an item, indicate in writing the alternates that you can supply. The total proposed price on the proposal page must INCLUDE all the specifications and options that are initialed or offered by the bidder.

Specifications:

Bidders Initials
Vehicle Type
1) _______ Base Vehicle SEL PHEV Convenience AWD
Packages
2) _______ Power Release 2nd Row Seats Power Door Locks and Windows with Front Auto-Down/Up Dual Automatic Temperature Control; Rear Air Vents Tilt-&- Telescoping Steering Wheel w/ Audio/Cruise/Phone Ctrls Leather-Wrapped Steering Wheel, Rear Side Window Sunshades Proximity Key with Push Button Start, Hands-Free Smart Liftgate 12.3" Digital Instrument Cluster, Hyundai Digital Key 8" Display Audio with Android Auto (TM) & Apple CarPlay (TM) AM/FM/HD Radio®/12V Power Outlets

POWERTRAIN
3) _______ POWERTRAIN TECHNOLOGY Smart stream 1.6L Turbocharged GDI 4-Cylinder Plug-In Hybrid Engine 66.9kW Permanent Magnet Synchronous Motor 13.8kWh, Lithium-Ion Polymer Battery System 3.6kWh On-Board Charger and Charge Port Electronic Parking Brake; Hillstart/Downhill Brake Control Shift-By-Wire; HTRAC All-Wheel Drive

TRANSMISSION
4) _______ 6-speed Automatic Transmission with SHIFTRONIC® w/ Paddle Shifters

4 WHEELS / TIRES
5) _______ 19" Alloy Wheels

SEATS & SEAT TRIM
9) _______ Cloth Seats; Heated Front Seats 8-way Power Driver Seat plus Lumbar Support 60/40 Split 2nd Row Fold-flat Seats,

ACCEPTABLE VEHICLE COLORS
10) _______ White, Silver, Black, Gray
Additive items from the base bid and separately from each other, The City of Atwater may at its discretion elect to purchase any or none of the following items. These items are to be considered additives to the base bid.
1) Three-year extended warranty
2) Model Year 2022 (preference will be granted to vehicles that are available for immediate delivery)
All equipment cataloged as standard from the factory shall be furnished by the factory and in the purchase price. All requested options which part of any standard package are not shall be furnished and installed by the factory unless otherwise specified and shall also be in the purchase price. Options which the factory is unable to furnish will be subject to approval or rejection by the City.

SECTION 2

INVITATION FOR BID CALENDAR AND CHECKLIST

1. Calendar
a. Availability of Invitation for Bid March 1, 2022
b. Submittal of Questions / Corrections March 7, 2022
c. Closing Date for Invitation for Bid March 10, 2022

5 2. Submittal Checklist
a. Signature Sheet Attachment A Section 3.1.a
b. Bid Cost Sheet Attachment B Section 3.1.a
c. Reference List Attachment C Section 3.4
d. Subcontractor List Attachment D Section 4.17
e. Federal Clauses Attachments E - J
SECTION 3

INSTRUCTIONS FOR SUBMITTING BIDS

1. Bid Submittal
a. Bid must be submitted on the form(s) provided by and made available to The City of Atwater, City Clerk’s Office 750 Bellevue Rd Atwater, CA 95301. All items shall be filled in and the signatures of all persons signing shall be written and printed in longhand. All bids submitted must have signature sheet, (Attachment A) completed, dated, with firm's name and signed by a duly authorized officer of the firm.

The bid cost sheet, (Attachment B) to be completed, signed, and returned with bid submittal.

Bids not submitted on the form(s) provided may not be considered by the City. b. All bids shall be presented under sealed cover, clearly identified on the outside to read:
 Name of the bidder
 Address of the bidder
 Subject of the Bid
 Bid Submittal Deadline Date
c. Please submit one (1) original signature hard copy to be signed in blue ink (original copies marked as such) and one (1) copy.
d. All bids shall remain firm for at least ninety (90) calendar days after Bid Submittal Deadline unless otherwise specified. Within ninety (90) calendar days after the Bid Submittal Deadline opening, a purchase order and/or a contract may be awarded by the City to the lowest responsible bidder, as it may deem proper in its absolute discretion. The time for awarding a purchase order and/or a contract may be extended at the sole discretion of the City, if required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with their bid.

6 e. All prices shall be bid F.O.B. DESTINATION only.
f. Delivery dates of all items/services shall be specified on the bid. g. Mistakes must be corrected, and the correction inserted; correction must be initialed in blue ink by the person signing the bid.
h. Bidder shall be able to withdraw their bid at any time prior to the Bid Submittal Deadline. After bid submitted deadline, the bidder shall not be relieved of its bid without the consent of the City, nor shall any change in the bid be made because of a mistake. The City may allow a bidder to withdraw a bid because of a mistake only when the bidder has notified the City in writing within five (5) work days following the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the City that: (1) a mistake was made; (2) the mistake made the bid materially different from what the bidder intended; and (3) the mistake was made in filling out the bid and was not due to an error in judgment nor to carelessness in inspecting the site nor in reading the plans or specifications.
i. The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.

2. Interpretation, Corrections and Addenda
The Bidder must carefully examine the specifications, terms and conditions provided in the Invitation for Bid and become fully informed as to the requirements set forth therein.

If anyone planning to submit a bid discovers any ambiguity, conflict, discrepancy, omission or error in the bid, has any questions in relationship to the requirements as specified in Section 1, or any other related matters, they shall immediately notify the contact person as shown on the “Cover Sheet” of such concern in writing and request clarification or modification of the document(s) no later than the deadline as set forth herein:

Deadline for submission of questions: March 7, 2022
No further requests for clarification or objections to the bid will be accepted or considered after this date. Any change in the bid will be made only by written addendum, issued by the City of Atwater to each firm in receipt of the Invitation for Bid and shall be incorporated in the bid.

The Bidder shall sign and date the addendum and submit same with the bid. Any oral communication by the City’s designated contact person or any other City staff member concerning this proposal is not binding on the City and shall in no way modify this proposal or the obligations of the City or any Bidders.

The Bidder may FAX, E-mail or mail the contact person as shown on the “Cover Sheet.” All inquiries shall be made in writing only and directed to the designated City staff person as shown. Contact with any other City personnel or any undue “badgering” of such City personnel by the Bidder is prohibited. Failure to comply with this request may be considered cause for disqualification of your bid.

7 3. Bid Submittal Deadline
The bid must be received by the City of Atwater no later than 2:00PM, local time on Thursday, March 10, 2022. BIDS RECEIVED AFTER THIS DEADLINE WILL BE

REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

Without law or policy to the contrary, if the bidder took reasonable steps to submit the bid in due time, and failure of the bid to be on hand at the time of closing was not the result of negligence or other fault of the bidder, but was the result of negligence by the City, the City reserves the right to accept such bid.

4. References
Provide a list of at least three (3) three customer references, (Attachment C) which you have sold or are currently selling equivalent items/services. Include the company’s name; the name, title, and telephone number of a contact person; the dollar amount of the contract; and the dates that these items/services were completed.

SECTION 4

GENERAL TERMS AND CONDITIONS

1. Bid Rejection/Waiver of Informalities

THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART

THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID AND MINOR IRREGULARITIES, TECHNICAL DEFECTS OR CLERICAL ERRORS.

The City’s decision shall be final. The City’s waiver of an immaterial defect shall in no way modify the bid documents or excuse the bidder from full compliance with its specifications if the bidder is awarded the bid.

2. Bonding Requirements

NO BOND WILL BE REQUIRED

3. Condition of Equipment Bid
If equipment is proposed, it is to be the newest and latest model in current production.

Used, re-manufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated under this bid.

4. Brand Names
Manufacturers’ brand names and model numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided your offer clearly describes the item. Offers for equal items must state the manufacturers brand and model number, or level of quality. The determination of the City of Atwater as to what items are equal is final and conclusive. When manufacturer’s brands, model numbers or level of quality is not stated by bidder, the offer will be considered exactly as specified.

8 5. Payments, Invoicing and W-9 Certification Form
Payment will be made within 30 days of delivery and acceptance of the equipment.

Invoices shall be submitted for each billing. Invoice shall be mailed or delivered to the City of Atwater whose name and address shall appear in the "INVOICE TO" section of any purchase order and/or contract as a result of this bid.

In addition to the itemized invoice(s) submitted by the successful bidder for payment, the successful bidder must also complete and submit a Form W-9, “Request for Taxpayer Identification Number and Certification”, (www.irs.gov/pub/irs-pdf/fw9.pdf) to the City.

Both invoice(s) and W-9 form shall be forwarded to the City at the address indicated in the purchase order and/or contract. Upon approval by the City, the sum due hereunder shall be paid to the successful bidder within thirty (30) calendar days.

6. Delivery Hours
Any necessary delivery will be accepted from 9:00 a.m. to 3:00 PM, Monday through Friday. If needed, the bidder shall state the approximate delivery date.

7. Damage of Items
All damages pursuant to items received by City due to the successful bidder’s negligence shall be the responsibility of successful bidder to replace.

8. Alternate Bids
Alternate bids cannot be considered due to the guidelines of the grant award.

9. Cash Discount

N/A

10. Pricing
Unless otherwise provided, the items/services stated herein will not be subject to any price increase from the date of acceptance of bid to the date of termination/extension as stated herein. If the successful bidder established prices for any items/services listed herein is decreased during the term of this bid, then such discounts/ reductions in price shall be immediately applicable so that City may have benefit of such lower prices.

11. Risk of Loss
The successful bidder shall bear risk of loss until goods have reached the final F.O.B.

Destination point. Thereafter, City shall bear risk of loss.

12. Prior to Shipment
While the successful bidder has risk of loss, the successful bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually

9 comprise the Piece-of Equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process, and furnished items. Such insurance shall provide a loss payable clause in favor of the successful bidder as its interest may appear.

13. F.O.B. Point
If necessary, F.O.B. Destination to include inside delivery to:

CITY OF ATWATER
750 BELLEVUE ROAD
ATWATER, CA 95301

14. Examination of Bid Documents
All bidders shall carefully examine the specifications herein and must fully inform themselves of the conditions and requirement of the items/services to be furnished.

Failure to do so will be at bidder’s own risk and cannot secure relief on the plea of error, or dispute, or question such specifications and the directions explaining or interpreting them.

Should a bidder find discrepancies in, or omissions from, the specifications, or should he/she be in doubt to their meaning, he/she shall at once notify the Cities’ Public Works Department. Notification is to be in written form and must be submitted at least seven (7) workdays prior to the Bid Submittal Deadline. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addendum. The receipt of any resulting amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding upon the City.

All other questions should be in writing only and directed to the buyer shown on the “Cover Sheet” of this Invitation for Bid (IFB).

15. Request for Changes
The City reserves the right to order in writing changes in the bid or alterations, additions, or omissions at any time prior to acceptance of the items/services without voiding the bid, and the successful bidder shall comply with such order. The successful bidder may also request changes in the bid, but no work will be performed on such changes until the request is approved in writing by the City. Such changes shall be performed in accordance with the original bid requirements except as modified by an amendment.

Except as herein provided, the successful bidder shall have no claim for any other compensation due to changes in the work.

Any changes or deviation from the contract made without authority in writing from the City will be at the bidder's own risk. No such changes shall be made nor adjustment in compensation granted unless the successful bidder receives an executed amendment prior to making the changes.

10 16. Insurance
Bidder shall have normal liability workers compensation insurance for this project.

17. Qualification of Bidder
The City may make such investigation as it deems necessary to determine the ability of the bidder to provide the services requested herein, and the bidder shall furnish to the City all information and data for this purpose as the City may request. The City reserves the right to reject any bid should the evidence submitted by, or investigation of, the bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the bid and to complete the requirements contemplated therein.

18. Subcontracting
Any bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid the successful bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the bidder are the sole responsibility of the bidder. Any contract that is entered into between the successful bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.

19. Default
In the event the successful bidder who is awarded a purchase order and/or contract resulting from this bid shall be in breach or default, the City may procure the items/services from other sources and may deduct from any monies due, or that may thereafter become due to the successful bidder, the difference between the price named in the purchase order and/or contract and actual cost thereof to the City. Prices paid by the City must be considered the prevailing market price at the time such purchase is made. These rights and remedies shall not be exclusive but in addition to any other rights and remedies provided by contract law.

20. Cancellation of Purchase Order and/or Contract
The City may terminate any purchase order and/or contract derived from this bid as follows:
a. WITH CAUSE (Default) at any time by giving ten (10) calendar days written notice to the successful bidder. Cancellation for cause shall be at the discretion of the Department of Administrative Services-Purchasing and shall be, but is not limited to, failure to supply the items, materials, equipment, or services specified within the time allowed or within the terms, conditions, or provisions of this bid.

The successful bidder may not cancel any purchase order and/or contract derived from this bid, without prior written consent of the Department of Administrative ServicesPurchasing.

11 21. Rejection of Bid

THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART

THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID, AND ALSO TO WITHHOLD AWARD FOR A PERIOD OF NINETY (30) CALENDAR DAYS FROM DATE OF BID OPENING.

22. Nondiscrimination
a. During the performance of this bid, bidder and any sub-bidders shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-bidders shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-bidders shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full.
b. Bidder and any sub-bidders shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract. d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require ascertaining compliance with this clause.

23. Non-discrimination of the Disabled
The City will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates based on handicap in providing aid, benefit, or service to beneficiaries of the program or activity. The City is committed to provide access to all City services, programs, and meetings open to the public for people with disabilities.

In this regard the City and all its vendors and bidders will take all reasonable steps to ensure that disabled individuals have the maximum opportunity for the same level of aid, benefit, or service as any other individual.

24. Governing Law and Venue
This bid, or any contract that may result from the award of this bid, shall be deemed to

12 be made under, and shall be governed by and construed in accordance with, the laws of the state of California. Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the County of Merced, State of California.

25. Taxes
Sales Tax should be shown separately on the bid form, when and where indicated. The City is exempt from Federal Excise Tax and should not be in your bid. If your company is outside California and collects sales tax, please state the amount as a separate item if the City is to remit the tax.

26. Samples
Samples of items, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing, or which are not retained for future comparison will be returned upon request at your expense.

27. Liabilities
The bidder shall hold the City, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the City or bidder because of the unauthorized use of such items.

28. Warranty, Manufacturer
Manufacturer shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality. While under warranty, manufacturer shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations. A copy or description of the manufacturer’s warranty shall accompany each bid for the material and equipment proposed, detailing the scope and length of the warranty. Where the successful bidder is also the manufacturer of the materials or equipment provided under this bid, the Manufacturer's Warranty requirement will supersede the successful bidder warranty requirement of this bid.

29. Warranty, Successful Bidder
Successful bidder shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, successful bidder shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations.

13 SECTION 5

AWARD OF BID
An evaluation team shall validate and evaluate all bids received. All requirements identified in this bid must be satisfied in order to ensure that a bid will qualify for consideration.

1. Lowest Responsive Bidder
Although competitive pricing is essential in the award of this IFB, consideration shall be given, but not limited to:
a. Lowest responsive bidder following assessment of 5% Local Business Purchasing Preference, if applicable.
b. The ability of the Bidder to comply with Terms and Conditions set forth herein. c. The ability of the Bidder to comply with the Specifications or Scope of Work set forth herein.

2. Lowest Responsible Bidder
a. The quality and performance of the supplies/equipment to be provided by the bidder; b. The ability, capacity, and skill of the bidder to perform the contract or accomplish the transaction within the time specified, without delay;
c. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
d. The quality of bidder's performance on previous purchases by, or contracts with, the City;
e. The ability of the bidder to provide future maintenance, repair parts and services for the supplies/equipment provided.

3. Award
The City reserves the right to:
a. Award bids received based on individual items/services, or groups of items/services, or on the complete list of items/services; b. Reject any or all responses, or any part thereof;
c. Waive any informality in the bids;
d. Accept the bid that is in the best interest of the City.

An evaluation of the bidder’s ability, quality, and performance as set forth under Section

5.1, “Most Responsive Bidder” and Section 5.2, “Lowest Responsible Bidder,” of this bid, will be used in addition to total cost as a basis of award for any ensuing contract.

14 4. Notice of Intent to Award
A “Notice of Intent to Award” will be sent to all participating Bidders upon conclusion of validation and evaluation of all bids submitted. This “Notice of Intent to Award” will be sent to all participating Bidders by U.S. postal mail, facsimile, and/or email.

5. Debriefing
A debriefing shall be held before the award of the Contract upon the timely request of an unsuccessful Bidder for the purpose of receiving information concerning the evaluation of the Bidder’s bid response. The request must be in writing, dated, signed either by the Bidder or a legally authorized individual on behalf of the Bidder and be received by the City of Atwater City Clerk’s Department within three (3) working days following the City’s U.S. postal mail, email, or facsimile of the “Notice of Intent to Award”. Each requesting Bidder will be allotted a maximum of one hour for any debriefing conference. The information provided by the City will be based on the evaluators’ determinations of your company’s submitted bid as it relates to the evaluation criteria as stated herein above.

The debriefing may be held, in the discretion of the City, by telephone conference call.

The debriefing is not the forum to challenge the bid’s specification, requirements, or the selection criteria. The debriefing procedure provided herein to all requesting and unsuccessful Bidders to the City’s Invitation for Bid is the exclusive and sole remedy and means of receiving information upon the respective Bidder’s evaluation and preliminarily challenging of the award.

6. Protest
The protest process is made available if an unsuccessful Bidder cannot reach agreement with the City after undergoing the debriefing process described herein above.

Should an unsuccessful Bidder request a debriefing, and believes its submittal to be the most responsive to the City’s Invitation for Bid and that the City has incorrectly selected another Bidder for award, the appealing Bidder may submit a protest of the selection as described below:

All protests must be made in writing, dated, signed by the Bidder or an individual authorized to sign Contracts on behalf of the protesting Bidder, and contain a statement of the reason(s) for protest; citing the law(s), rule(s) and regulation(s) or procedure(s) on which the protest is based. The protesting Bidder must provide facts and evidence to support the protest.

Protest(s) to City’s notification to award must be sent either by U.S. mail, postage prepaid, or by personal delivery to:

City of Atwater
Attn: City Clerk
750 Bellevue Road
Atwater, Ca 95301
All protests in relationship to the City’s intended award decision must be received by the City Manager no later than seven (7) working days following the City’s U.S. postal mail, facsimile, or email of the “Notice of Intent to Award” to the Bidder.

7. Protest Procedures

15 A Bidder protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest,” the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Bidder under this procurement. Upon exhaustion of this remedy no additional recourse is available with the City of Atwater.

Upon receipt of the formal protest, the City Manager, or his/her designee, will attempt to resolve the protest. If the protest has not been resolved, the Bidder will have an opportunity to address the City Council stating their concerns. The decision of the City Council constitutes the final step of the Bidder’s administrative remedy. A protest shall be disallowed when, in the judgment of the City Manager, or his/her designee, or City Council, it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the protester advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

If a protesting Bidder does not appear at the protest hearing as scheduled by City of Atwater, the protest will be disallowed.

16 ATTACHMENT A

SIGNATURE SHEET
I/We the undersigned hereby certify that I/We am/are a duly authorized official of the company and have the authority to sign on behalf of the company and assure that all statements made in the bid are true. I/We agree to furnish and deliver the specified items/services at the prices stated herein, and have read, understand, and agree to the terms and conditions contained herein and on all the attachments.

Name of Individual/Company: ____________________________________________________ Business Address: _____________________________________________________________ Telephone No.: ________________________________Fax :_________________________ County Business License No. __________________________Expiration Date: _____________ State Business License No. ___________________________Expiration Date: _____________ Signature of Authorized Official: __________________________________________________ Name/Title of Authorized Official: _________________________________________________ E-Mail: _____________________________________________________________________

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

17 ATTACHMENT B

BID SHEET
I/We agree that the prices stated herein will be firm for ninety (90) calendar days from the Bid Submittal Deadline.
`Item
No. Qty Description Price

1. 1

HYUNDAI SANTA FE PHEV SEL CONVENIENCE
AWD

2. 1 TAXES AND APPLICABLE FEES
TOTAL $
DATE SIGNATURE:

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

18 ATTACHMENT C

REFERENCE LIST
1) NAME: ___________________________________________________________________________ ADDRESS: __________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE: __________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ______________________________________________________ 2) NAME: ___________________________________________________________________________ ADDRESS:
____________________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE:_____________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ___________________________________________________ 3) NAME: ___________________________________________________________________________ ADDRESS:
___________________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE: ____________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ______________________________________________________

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 28, 2022
TO: Mayor and City Council
FROM: Frank Splendorio, City Attorney
PREPARED BY: Frank Splendorio, City Attorney
SUBJECT: Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3296-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

Throughout the pandemic, the Governor has issued Executive Orders relying on his authority under the Emergency Services Act to suspend and modify some of the teleconference requirements under the Ralph M. Brown Act. Under such applicable Executive Order(s), the City's legislative bodies have been conducting meetings via teleconference.

The current Order expired on September 30, 2021 and is being replaced by AB 361. As discussed below, this bill makes permanent (at least until 2024) some of the teleconference requirements under state law.

The Governor signed AB 361, an urgency measure authorizing teleconferenced public meetings as prescribed in the Bill. AB 361 went into effect October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The Bill essentially extends the teleconference procedures authorized in Executive Order N-29-20, as modified by a subsequent Executive Order (which expired September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the Bill. Now, cities must comply with AB 361 if they intend to conduct remote meetings, in whole or in part.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
On October 11, 2021, and at subsequent meetings thereafter, for the benefit of the public and to ensure all members of the public can participate in the meetings of the legislative bodies of the City, the City Council adopted a resolution making the required findings under AB 361. In order to continue to meet via teleconference, the City Council must make the requisite findings at least every thirty days. The proposed resolution would continue to make the necessary findings.

ANALYSIS:

AB 361 applies to meetings during a proclaimed state of emergency and where state or local officials have imposed or recommended measures to promote social distancing. (“State of Emergency” is defined as a State of Emergency declared by the Governor under Government Code Section 8625.) It also applies to other states of emergency proclaimed by the Governor where holding in person meetings would “present imminent risks to the health or safety of attendees”. An example of this is an ongoing wildfire in the area. In that case, the legislative body must make an initial finding that meeting in person would "present an imminent risk to the health or safety of attendees".

As discussed above, if the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter. The attached resolution makes the required findings which allow the legislative bodies of the City to continue to conduct their meetings via teleconference for the public.

II. FISCAL IMPACTS:

Complying with AB 361 increases some costs to the General Fund for Zoom licenses and other potential technological start-up costs. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed and prepared by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal number one (4) of the City's 2020-2025 Strategic Plan:
to optimize organizational structure.

V. ALTERNATIVES:

The City Council could elect not to have teleconference/virtual meetings as an option.

VI. INTERDEPARTMENTAL COORDINATION:

Agenda Report - Page 3
N/A
VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Staff will ensure all noticing and procedural requirements are followed for AB 361 going forward for all Brown Act Meetings.

Submitted by: /s/ Frank Splendorio, City Attorney
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3296-22 Makes Required Findings Authorizing Continuation of Teleconference Meetings of Legislative Bodies of City of Atwater

2. AB 361 Legislation

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3296-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER MAKING THE REQUIRED

FINDINGS AUTHORIZING THE CONTINUATION

OF TELECONFERENCE MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF

ATWATER
WHEREAS, the City of Atwater is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have recommended or imposed measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled; and

Resolution No. 3296-22 Page 2
WHEREAS, Cal-OSHA’s Emergency Temporary Standards has taken measures to promote social distancing, including, (i) requiring employers to provide training as to “the fact that particles containing the virus can travel more than six feet, especially indoors, so physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19”, (ii) requiring employees when eating or drinking to be “at least six feet apart,” and (iii) requiring certain employees without face coverings to “be at least six feet apart from all other persons unless the unmasked employee is either fully vaccinated or tested at least weekly for COVID-19”; and WHEREAS, accordingly, the City Council does hereby find that all of the legislative bodies of the City of Atwater shall be authorized to continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and WHEREAS, on October 11, 2021, and at subsequent meetings since then, the City Council adopted resolutions making the findings required under Government Code section 54953(e) in order to allow the public to attend and participate via teleconference; and
WHEREAS, the City now intends to make the required findings necessary, within 30 days of such last adopted findings, to continue to allow the legislative bodies of the City of Atwater to hold teleconference meetings under 59453(e); and WHEREAS, the City will continue to provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby resolve, order, and determine as follows:

SECTION 1: Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2: Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus there has been declared a State of Emergency by the Governor of the State of California and state or local officials are recommending or imposing measures to promote social distancing.

SECTION 3: Remote Teleconference Meetings. The City Manager is hereby authorized and directed to take all actions necessary to continue to conduct open and public meetings for all the legislative bodies of the City of Atwater in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 4: Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of 30 days from the adoption of this Resolution as indicated below, or such time the City Council adopts a subsequent

Resolution No. 3296-22 Page 3
resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Atwater may continue to teleconference.

The foregoing resolution is hereby adopted this 28th day of February 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

SHARE THIS: Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate.

The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

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This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internetbased service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the

legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.

12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).

(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows

any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to

provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.

(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.

(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with

Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.

(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private

information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 28, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Authorizing submittal of application to State of California Department of Housing and Community Development
2020/2021 HOME Investment Partnerships Program Grant
(Public Works/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3298-22 authorizing submittal of an application to the State of California Department of Housing and Community Development under the 2020/2021 HOME Investment Partnerships Program Grant; and authorizes and directs the City Manager, or her designee, to execute all grant-related documents or contracts on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

On December 1, 2021, the State of California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOFA) for approximately $72 million in federal funds for HOME Investment Partnerships Program (HOME). Available funding will be divided into eligible Projects and Program activities.

This funding provides loans to eligible HOME applicants serving low-income (at or below 80 percent of the Area Median Income (AMI) and very low-income (at or below 50 % percent AMI) households. The amount of funding available could be increased, or greatly exceed the announced amount in the NOFA, depending on several factors.

These factors may include, but are not limited to, the Department's administrative determination of need, changes in legislation directing the Department to make additional funds available, new emergency allocations of funding, or newly available funding from the disencumbrance of previous awards.

Each applicant can submit an application for up to seven million dollars ($7,000,000).

These funds may be used in conjunction with other state rental housing programs to assist the same units in the development, not to exceed the per unit subsidy limit for each funding source.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
These funds will be used to meet the following statewide goals in accordance with the Departments 2020-25 Consolidated Plan for low-income households earning at or below 80 percent of Area Median Income (AMI) and very low-income households earning at or below 50 percent of AMI:
 Increase the supply of affordable rental housing
 Expand homeownership opportunities and improve existing housing  Provide homeless assistance and prevention services
ANALYSIS:

The HOME Investment Partnerships Program is designed to provide funding for rental projects, the First-Time Homebuyer (FTHB) Program, Owner-Occupied Rehabilitation (OOR) Program, and/or Tenant-Based Rental Assistance (TBRA) Program, in addition to currently eligible rental project activities. Eligible activities are separated into Project Activities and Program Activities. Project Activities include multi-family rental projects to fund the acquisition of new construction or rehabilitation of multifamily properties and FTHB subdivision development projects. Program activities include programs to fund individual FTHB gap assistance, including infill new construction or rehabilitation; OOR, and TBRA.

Eligible applicants (excluding Developers and CHDOs) may apply for two activities as follows:

1. One rental project and one FTHB project, or

2. One rental project, and any combination of eligible Program Activities, or

3. One FTHB project and any combination of eligible Program Activities, except for a FTHB program.

The City of Atwater is eligible to apply for the 2020/2021 HOME grant up to seven million dollars ($7,000,000). These funds can be used for Rental Projects ( Rental New Construction Projection), the First-Time Homebuyer Program (acquisition-only down payment assistance), and the Tenant-Based Rental Assistance (TBRA) program. The Rental New Construction Project will provide funds to develop a specific multifamily project on a specific site by a specific developer. Rental for new construction projects may be with or without acquisition. The First- Time Homebuyer acquisition-only program activity will provide loans to first-time homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market. The Tenant-Based Rental Assistance (TBRA) Program Activity will provide funds for the City to administer a program to provide rent subsidies and/or security deposits to eligible households. The minimum term of rental assistance to an eligible household is six months.

II. FISCAL IMPACTS:

Agenda Report - Page 3
Should the grant application be awarded, staff will return to City Council and request approval for a budget amendment to appropriate revenue and expenditure. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal numbers two (2), three (3) and six (6) of the City's 2020-2025 Strategic Plan: to ensure safety of staff and our community, promote transparency through communication, and to enhance quality of life, respectively.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Community Development Department and the City Manager’s Office are coordinating this application submittal and any other necessary grant documents needed.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item up to and including during the City Council meeting when the item is read for consideration.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, the Community Development Department will coordinate with the City Manager to prepare and submit the application.

Agenda Report - Page 4
Submitted by:

Greg Thompson, Public Works/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3298-22 Authorizes submittal of Grant Application to CA Dept. of Housing & Comm. Dev. for HOME Grant

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3298-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING SUBMITTAL

OF GRANT APPLICATION TO THE STATE OF

CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT FOR THE
2020/2021 HOME INVESTMENT PARTNERSHIPS

PROGRAM GRANT
WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, and federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and Title 25 of the California Code of Regulations commencing with section 8200; and
WHEREAS, on December 1, 2021, the State of California Department of Housing and Community Development released a Notice of Fund Availability (NOFA) for approximately $72 million in federal funds for HOME; and
WHEREAS, each applicant can submit an application for up to seven million dollars ($7,000,000). Applicant (excluding Developers and CHDOs) may apply for two activities; and
WHEREAS, in response to the 2020/2021 NOFA, the City of Atwater, apolitical subdivision of the State of California (the “Applicant”), wishes to apply to the Department for the 2020/2021 HOME Investment Partnerships Program Grant, and receive an allocation of HOME funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby resolve, order, and determine as follows:

SECTION 1: In response to the 2020/2021 NOFA, the applicant shall submit an application to the Department to participate in the HOME program and for an allocation

Resolution No. 3298-22 Page 2
of funds to not exceed seven million dollars ($7,000,000) for the following eligible Activities and Projects identified by HUD:

1. Rental New Construction Project – Funds provided to a specific multifamily project on a specific site by a specific Developer, rental new construction projects may be with or without acquisition.

2. First-Time Homebuyer (FTHB) Program – Acquisition-only down payment assistance- funds awarded to provide loans to homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market.

3. Tenant-Based Rental Assistance (TBRA) Program – Funds provided to administer a program to provide rent subsidies and/or security deposits to eligible households, the minimum term of rental assistance to an eligible household is six months.

SECTION 2: If the application for finding is approved, then the applicant hereby agrees to use the HOME funds for eligible activities presented in its application as approved by the Department in accordance with the statues and regulations cited above. The applicant may also execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).

BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager, or her designee, to sign all grant-related documents necessary to implement and close-out the grant.

The foregoing resolution is hereby adopted this 28th day of February 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 28, 2022
TO: Mayor and City Council
FROM: Jeanna Del Real, Deputy City Manager
PREPARED BY: Richard Vang, Executive Assistant
SUBJECT: Awarding Professional Services Agreement to Pinnacle Healthcare for Occupational Health Services (Deputy City Manager Del Real)

RECOMMENDED COUNCIL ACTION
Awards a Professional Services Agreement, in a form approved by the City Attorney, to Pinnacle Healthcare of Los Banos, California for Occupational Health Services; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND
The City of Atwater (“CITY”) has a responsibility to provide occupational health services to ensure its employees are fit to perform the duties of their jobs and to protect its employees from occupational health hazards. Occupational health services are crucial in keeping the workplace healthy, protecting the health and well-being of employees, and facilitating and supporting employees with their recovery from illness or injury along with their return to work afterwards.

The City discovered in October of 2021, that its contracted Occupational Health Services provider, Atwater Medical Group, no longer had adequate staffing necessary to properly support the City. As a result, the City utilized Olivewood Meadows Occupational Health Center in Merced, California and Romeo Medical Clinic in Turlock, California on a temporary/emergency basis to ensure the continuation of essential occupational health services to its employees, while pending the solicitation of a Request for Proposal (“RFP”) for a contracted, full-time Occupational Health Services provider.

The City posted its RFP on the City's website on October 12, 2021, and also routed the RFP to six (6) medical facilities/clinics within a forty-five (45) mile radius of the City.

Two (2) proposals were received; one from Pinnacle Healthcare of Los Banos, California and one from Romeo Medical Clinic of Turlock, California.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

ANALYSIS
Both proposals were evaluated based on their responsiveness to the RFP; the qualifications of their clinic and key personnel; the quality, flexibility, and cleanliness of their medical facilities; their approach and ability to provide the requested scope of services; and their cost of services. Both proposals satisfied the requirements of the RFP.

Staff is recommending the City Council award Pinnacle Healthcare of Los Banos, CA with a Professional Services Agreement (EXHIBIT “A”).

II. FISCAL IMPACTS:

There are no new fiscal impacts associated with approving this item as approval only contracts a new provider. All costs associated with providing occupational healthcare services to City employees were already included in Fiscal Year 2021-22 budget. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with the City's 2020-2025 Strategic Plan goal number one (1), to ensure the City's continued financial stability, specifically Goal 1.6. This item achieves Goal 1.6 "Explore options for more effective service delivery mechanisms to reduce costs" by ensuring the City is receiving the services at the best price possible.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

Agenda Report - Page 3
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, City staff will obtain the applicable insurance documents from Pinnacle Healthcare, as well as route the Professional Services Agreements for signatures.

Submitted by:

Jeanna Del Real, Deputy City Manager
Approved by:

Lori Waterman, City Manager
Attachments:

1. Professional Services Agreement - Pinnacle Healthcare Occupational Health Services

Professional Services Agreement between February 28, 2022 City of Atwater and Pinnacle Healthcare Page 1 of 15

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND

PINNACLE HEALTHCARE (PROFESSIONAL)
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Pinnacle Healthcare, (“Professional”) as of February 28, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on February 27, 2027. Professional shall complete the work described in Exhibit A during the term of the Agreement on an as needed basis and as authorized by the City, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional for the services rendered pursuant to this Agreement in accordance with Exhibit A. In the event of a conflict between this Agreement

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and Professional’s fee schedule regarding the amount of compensation (Exhibit A), the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date.

Invoices shall contain the following information:
 Serial identifications (Invoice No.)
 The beginning and ending dates of the billing period; and  Invoices shall include a brief itemization of work performed.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided in Exhibit A either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed amendment.

2.4 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.5 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

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2.6 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.

Section 3. FACILITIES AND EQUIPMENT. Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s proposal. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

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4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional.

The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

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d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:

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 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law.

It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

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Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353 and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

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7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement.

Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon sixty (60) days’ prior written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement.

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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

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Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.

10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any

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provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

11.7 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.8 Contract Administration. This Agreement shall be administered by Deputy City Manager Jeanna Del Real ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

11.9 Notices. Any written notice to Professional shall be sent to:

Pinnacle Healthcare
Attn: Naomi Dagang, Clinic Manager
285 Mercey Springs Road, Ste. A
Los Banos, CA 93635

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Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:

City of Atwater
Attn: Jeanna Del Real, Deputy City Manager
750 Bellevue Road
Atwater, CA 95301

11.10 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, all applicable medical records and reports shall be stamped/sealed and signed/authenticated by the licensed professional responsible for the preparation, evaluation, and determination of such records and reports. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional," as in the following example. _________________________________________
Seal and Signature of Registered Professional.

11.11 Integration. This Agreement, including the scope of work and fee schedule attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

11.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

11.13 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

11.14 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.

11.15 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

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11.16 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

11.17 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Nancy Barge, VP Operations
Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between February 28, 2022 City of Atwater and Pinnacle Healthcare Page 1 of 3

EXHIBIT A

SCOPE OF WORK AND FEE SCHEDULE

7. Detailed budget for supplied scope of work. Each line item shall detail the applicable billing rate and the estimated number of hours to complete the task.

SCOPE OF WORK & FEE SCHEUDLE
• $95.00 - Basic Physical Exam (30 minutes)
a. INCLUDES Height, Weight, BP, Pulse, Urinalysis, Basic Hearing and Vision. • $95,00 - Pre-employment Physicals (30 minutes) which vary in scope depending upon job classification.
a. INCLUDES Height, Weight, BP, Pulse, Urinalysis, Basic Hearing and Vision • $409,00 - Annual Physical Exam (60- 90 minutes) Law enforcement and Dispatcher candidates compliant with the California Commission on Peace Officer Standards and Training (POST) regulations https://www.post.ca.gov/medical-screeningmanual.aspx Scheduled exam in two visits -1 visit to draw all blood work (Comprehensive Metabolic Panel, CBC, Lipid Panel) & chest x-ray and schedule next visit with provider to perform exam, drug screen and go over results.
a. $95.00 Height, Weight, BP, Pulse, Urinalysis, Basic Hearing and Vision b. $28.00 Comprehensive Metabolic Panel (Calcium, Total) c. $25.00 CBC
d. $20.00 Lipid Panel
e. $35.00 Rapid Urine Drug Screen 5 Panel Non-DOT
f. $15.00 Rapid Urine Drug Screen Confirmation Chain of Custody g. $26.00 PPD TB Testing & Questionnaire
h. $45.00 EKG
i. $70.00 Audiogram
j. $50.00 Chest X-ray (Single View) and Radiologist Report

OPTIONAL
k. $50.00 Chest X-Ray (Positive PPD)
I. $80.00 Limited Lumbar X-ray (Provider Determination if needed) • $610.00 - Physical Exam (60-90 minutes) Firefighter candidates in accordance with the National Fire Protection Association (NFPA) 1582 guidelines
https://www.iafc.org/files/1SAFEhealthSHS/shs FDguideTolmplementing NPFA1582.pdf Scheduled exam in two visits - 1 visit to draw all blood work (Comprehensive Metabolic Panel, CBC, Lipid Panel) & complete x-ray and schedule next visit with provider to perform exam, drug screen and go over results.
a. $95.00 Height, Weight, BP, Pulse, Urinalysis, Basic Hearing & Vision, b. $28.00 Comprehensive Metabolic Panel (Calcium, Total) c. $25.00 CBC
d. $20.00 Lipid Panel
7 Exhibit A to Pinnacle Healthcare PSA

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HEALTHCARE
e. $35.00 Rapid Urine Drug Screen 5 Panel Non-DOT
f. $27.00 PPD TB Testing & Questionnaire
g. $45.00 EKG
h. $70.00 Audiogram
i. $50.00 Chest X-ray (Single View) and Radiology Report j. $40.00 Back Examination
k. $125.00 DMV Certification Report
I. $50.00 Spirometry Review and Report

OPTIONAL
m. $50.00 Chest X-Ray (20 minutes) (Positive PPD)
n. $80.00 Limited Lumbar X-ray (30 minutes) (Provider Determination if needed) • Primary care physician for industrial related illness and injuries (workers' compensation cases) billed and reimbursed by DWC CA Fee Schedule. Times vary depending on new injury (60 minutes). Follow up visits (30 minutes)
• $70.00 Audiograms - (30 minutes) hearing conservation program required by OSHA • Vaccines -Administer vaccines (15 minutes per vaccine) a. $94.00 Hepatitis each series of three
b. $124.00 DTAP
c. $50.00 Flu shots
• $100.00 - Per MD Hour - Hepatitis, OPIM (Other Potentially Infectious Materials), ADT (Aerosol Transmissible Diseases), and other blood borne pathogen pre-exposure services, and testing with required documentation and/or reports. If work related injury will bill workers' compensation insurance.
• $50.00 - Pulmonary Function Test - (15 minutes), measure how well your lungs work. Include tests that measure lung size and air flow, such as spirometry and lung volume tests. Other tests measure how well gases such as oxygen get in and out of your blood. These tests include pulse oximetry and arterial blood gas tests.
• $26.00 - TB Skin Test (15 minutes)- biannually for employees and volunteers • $45.00 - EKG (15 minutes) Special Procedures etc.
• $95.00 - Return to Work/Fit for Duty Exams - (30 minutes) - for employees returning from an illness or injury to establish ability to perform essential job functions • $95.00 - Respirator Exam (30 Minutes) - required by OSHA to clear employees for respirator use • $50.00 - Perform Strength and Flex Test (30 minutes)- to establish employees' ability to perform essential job functions based on job descriptions simulated with a physical therapist • $20.00 - Vision Test (15 minutes) -vision testing will include for static far acuity, color, vision, and peripheral vision
• $75.00 - Evaluate Grip Strength (15 minutes)
• Other Services - the selected vendor may be requested to conduct return to work, fitness for duty, reasonable accommodation evaluations related to non-industrial conditions, and other services.

8. The City of Atwater requires a current Business License of all vendors. 8 Exhibit A to Pinnacle Healthcare PSA

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 28, 2022
TO: Mayor and City Council
FROM: Jeanna Del Real, Deputy City Manager
PREPARED BY: Richard Vang, Executive Assistant
SUBJECT: Awarding Professional Services Agreement to Romeo Medical Clinic for Occupational Health Services (Deputy City Manager Del Real)

RECOMMENDED COUNCIL ACTION
Awards a Professional Services Agreement, in a form approved by the City Attorney, to Romeo Medical Clinic of Turlock, California for Occupational Health Services; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND
The City of Atwater (“CITY”) has a responsibility to provide occupational health services to ensure its employees are fit to perform the duties of their jobs and to protect its employees from occupational health hazards. Occupational health services are crucial in keeping the workplace healthy, protecting the health and well-being of employees, and facilitating and supporting employees with their recovery from illness or injury along with their return to work afterwards.

The City discovered in October of 2021, that its contracted Occupational Health Services provider, Atwater Medical Group, no longer had the adequate staffing necessary to properly support the City. As a result, the City utilized Olivewood Meadows Occupational Health Center in Merced, California and Romeo Medical Clinic in Turlock, California on a temporary basis to ensure the continuation of essential occupational health services to its employees, while pending the solicitation of a Request for Proposal (“RFP”) for a contracted, full-time Occupational Health Services provider.

The City posted its RFP on the City's website on October 12, 2021, and also routed the RFP to six (6) medical facilities/clinics within a forty-five (45) mile radius of the City.

Two (2) proposals were received; one from Pinnacle Healthcare of Los Banos, California and one from Romeo Medical Clinic of Turlock, California.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

ANALYSIS
Both proposals were evaluated based on their responsiveness to the RFP; the qualifications of their clinic and key personnel; the quality, flexibility, and cleanliness of their medical facilities; their approach and ability to provide the requested scope of services; and their cost of services. Both proposals satisfied the requirements of the RFP.

Staff is recommending the City Council award Romeo Medical Clinic of Turlock, California with a Professional Services Agreement (EXHIBIT “A”).

II. FISCAL IMPACTS:

There are no new fiscal impacts associated with approving this item as approval only contracts a new provider. All costs associated with providing occupational healthcare services to City employees were already included in the Fiscal Year 2021-22 budget.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with the City's 2020-2025 Strategic Plan goal number one (1), to ensure the City's continued financial stability, specifically Goal 1.6. This item achieves Goal 1.6 "Explore options for more effective service delivery mechanisms to reduce costs" by ensuring the City is receiving the services at the best price possible.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

Agenda Report - Page 3
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, City staff will obtain the applicable insurance documents from Romeo Medical Clinic, as well as route the Professional Services Agreements for signatures.

Submitted by:

Jeanna Del Real, Deputy City Manager
Approved by:

Lori Waterman, City Manager
Attachments:

1. Professional Services Agreement - Romeo Medical Clinic Occupational Health Services

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 1 of 15

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND

ROMEO MEDICAL CLINIC (PROFESSIONAL)
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Romeo Medical Clinic, Inc., (“Professional”) as of February 28, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on February 27, 2027. Professional shall complete the work described in Exhibit A during the term of the Agreement on an as needed basis and as authorized by the City, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional for the services rendered pursuant to this Agreement in accordance with Exhibit A. In the event of a conflict between this Agreement

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 2 of 15 and Professional’s fee schedule regarding the amount of compensation (Exhibit A), the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date.

Invoices shall contain the following information:
▪ Serial identifications (Invoice No.)
▪ The beginning and ending dates of the billing period; and ▪ Invoices shall include a brief itemization of work performed.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided in Exhibit A either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed amendment.

2.4 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.5 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 3 of 15

2.6 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.

Section 3. FACILITIES AND EQUIPMENT. Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s proposal. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 4 of 15

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional.

The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 5 of 15 d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 6 of 15

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 7 of 15 ▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law.

It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 8 of 15 Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353 and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 9 of 15

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement.

Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon sixty (60) days’ prior written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 10 of 15

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 11 of 15 Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.

10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any

Professional Services Agreement between February 28, 2022 City of Atwater and Romeo Medical Clinic, Inc. Page 12 of 15 provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

11.7 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.8 Contract Administration. This Agreement shall be administered by Deputy City Manager Jeanna Del Real ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

11.9 Notices. Any written notice to Professional shall be sent to:

Romeo Medical Clinic, Inc.

Attn: Dustie Cook, Financial Coordinator
1810 Colorado Ave., Ste. 120
Turlock, CA 95382