Agenda packet — Atwater City Council, March 28, 2022 (part 2 of 2)

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 2 of 16

1.5 Public Works Requirements. Because some of the services may include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code, As a result, Professional is required to comply with the provisions of the Labor Code applicable to public works.

Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, 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 and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
 The Professional’s signature; and

Page 150 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 3 of 16  Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. 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 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice of any particular Task Order, if all services required have been satisfactorily performed.

2.4 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 above 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 change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed Twenty-Five Thousand Dollars ($25,000.00 ). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement per Task Order that shall not be exceeded.

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

2.8 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 and reimbursable expenses 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.

2.9 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.

Page 151 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 4 of 16 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, 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. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.

City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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 bid. 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 TWO MILLION DOLLARS ($2,000,000) 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.

Page 152 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 5 of 16 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.

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.

Page 153 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 6 of 16 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. 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.

Page 154 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 7 of 16

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.

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 subrogration 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.

Page 155 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 8 of 16

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:
 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,

Page 156 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 9 of 16 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.

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

Page 157 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 10 of 16 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.

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 120 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

Page 158 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 11 of 16 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, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years 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. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

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

Page 159 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 12 of 16

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.

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.

Page 160 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 13 of 16

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 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 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

11.7 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

Page 161 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 14 of 16 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.

11.8 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.

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

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

City of Atwater
Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301
[email protected]
Any written notice to City shall be sent to:

Premiere Management Group
Wayne J. Sjolund, President
133 Riverside Avenue
Roseville, CA 95678
[email protected]

11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

11.12 Integration. This Agreement, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Work
Exhibit B Fee Schedule

Page 162 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 15 of 16

11.13 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.

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

11.15 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.

11.16 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.

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

11.18 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]

Page 163 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Premier Management Group Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Wayne J. Sjolund, President Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Page 164 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group

Page 1 of 6 ends

EXHIBIT A

SCOPE OF WORK

SCOPE OF SERVICES
Consultants shall provide professional services in the following categories:
• Project Management Services
• Construction Management Services
Consultants shall provide professional services to the City of Atwater on an as needed basis (on-call). The examples of the types of projects that may require professional services under this On-Call Master Agreement includes but are not limited to: Strategic Consulting, Real Estate Consulting, Development Management, Financial Services, Project Management, Project Delivery, Right of Way Acquisitions, and Staff Augmentation.

The successful consultants will assist the City in the following proposed scope of services, but would not be limited to the following:

The successful firms shall agree to contract with the City of Atwater to provide the following services:

Scope of Services – Construction Management
Provide Construction Management Services to the City. Such services shall be performed consistent with the standard of care for professionals performing similar scopes of services. The Consultant shall, at a minimum, undertake the scope of services reasonably necessary and customarily provided by Construction Management Consultant Firms conducting business in the Merced County area to ensure that all of the City’s goals, standards, policies and procedures are adhered to over the course of the assignment.

Construction Phase duties may include:
• Ensure that contract is properly constructed and executed and issue notice to proceed. • Proactively manage change on the project.
• Review and approve contractor’s change order requests for entitlement and cost. • Manage project contingencies and allowances.
• Monitor project budget to ensure compliance with the City’s project budget. • Monitor construction schedule and report variances.
• Monitor progress of design team to ensure submittal of required documents and retrieve verification.
• Ensure that project is properly maintained in tracking software. • Review invoices for reasonableness, correctness, and appropriate charges. • Provide daily status reports in prescribed format.
• Attend weekly program meetings.

Page 165 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group

Page 2 of 6 ends

• Participate in and maintain minutes of critical construction phase meetings. • Maintain project documentation in compliance with program standards. • Facilitate the functioning of an integrated project delivery team. • Additional tasks associated with successful project management.

Closeout phase duties may include:
• Assist with final punch list and final inspections.
• Assist in review and transfer of the final warranty/guarantee. • Monitor progress of design team in submitting required closeout documentation and retrieve verification. Work with parties to ensure timely close out of projects or assist City is retaining certification for open applications.
• Assist in review and transfer of all required maintenance and operation manuals.
• Assistance with and/or coordinate moving activities with vendors, staff, others as needed to ensure smooth transition into occupancy.
• Coordinate and ensure that required training on systems and materials takes place.
• Coordinate and monitor completion of commissioning process. • Review final invoices.
• Review closeout documents.
• Reconcile expenditures and budget.
• Assist in the finalization of any outstanding contracts and claims. • Ensure that all contract deliverables have been completed and submitted to the City. • Additional tasks associated with successful project management.

Scope of Services – Project Management Services
The City is looking for a consultant to work as an extension of staff in the City’s Community Development Department. The consultant shall work alongside staff in facilities planning, project and program development, including performing a variety of tasks from analysis of Real Estate, Property Acquisition and Disposition, project planning, scoping, budget development administrative and regulatory approvals through close out, and other related tasks. Tasks may include a variety of planning, design management, oversight of construction and renovation work at facilities within the City’s boundaries.

The consultants will work as an extension of City staff to manage and develop processes, procedures and develop projects that are aligned with the goals of the City to ensure the continued progress of activities in any of the phases of planning/predesign, design, construction, close-out, review, approval and certification, and other program related activities for various projects, Scheduled Maintenance, Energy Efficiency Projects, Facility Modification Requests, Special Projects, Feasibility Studies, or other Capital Facilities project needs. They will be required to operate and comply within established protocols, policies and procedures including budget, accounting, contracting, and project management.

Page 166 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group

Page 3 of 6 ends

Planning, Preconstruction and Design Management Services may include the following and other duties and tasks as required:
• Gain familiarity with project needs, budget, and timing. • Confirm scope and program requirements.
• Real Estate Consulting, analysis of potential real estate, property acquisition and disposition, negotiations.
• Conduct meetings with site staff and design team to refine detailed scope and program, including compliance with City educational specifications and Material and Construction Standards.
• Review proposals received from design consultants for scope and reasonableness to provide recommendations to the City.
• Review proposals received from firms for preconstruction phase for scope and reasonableness to provide recommendations to the City.
• Review level of effort and associated costs for reasonableness and appropriate quantity. • Interact with design consultant as needed to obtain appropriate scope and level of effort. • Interact with construction consultant as needed to obtain appropriate scope and level of effort. • Set up a decision-making framework to ensure timely City decisions. • Ensure that project is properly set up in tracking software which may include initial project schedule and budget.
• Review invoices for reasonableness, correctness, and appropriate charges. • Provide monthly status reports in prescribed format.
• Attend project meetings., as needed.
• Participate in and maintain minutes of critical pre-design phase meetings. • Participate in the site acquisition process and/or environmental due diligence site planning as determined by the City.
• Interpret and apply California Environmental Quality Act (CEQA) guidelines. Assist with filing CEQA documents with appropriate State and County agencies; obtain land use and property data from County records.
• Participate in other meetings as required.
• Coordinate and communicate effectively with various consultants, agencies, regulatory agencies, other City employees, and/or others as needed. • Additional tasks associated with successful project management. • Develop proper scopes of work, schedules, and budgets to manage other vendors or consultants.

Page 167 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group

Page 4 of 6 ends

• Monitor progress of design team to ensure submittal of required documents and retrieve verification.
• Ensure that project is properly maintained in tracking software. • Review invoices for reasonableness, correctness, and appropriate charges. • Provide weekly status reports in prescribed format.
• Attend weekly program meetings.
• Participate in and maintain minutes of critical design phase meetings. • Participate in other meetings as required.
• Assist in bidding preparation and award process.
• Participate in pre-bid meetings.
• Facilitate the functioning of an integrated project delivery team.

Additional tasks associated with successful project management.

Other duties may include:
• Provide administrative support as required, such as City Council agenda reports. • Staff Augmentation
• Provide weekly project updates.
• Update, maintain and provide timely budgets and schedules. • On-going review and/or processing of invoices to ensure timely payment as required. • Review of contracts to ensure proper execution of scope of services related to the project as required.
• Provide specialized technical support as required.
• Assist the City's construction program, ensuring compliance with legal and contractual requirements and City policies and objectives.
• Miscellaneous duties related to effective and successful project management as required. • Assist in the development and tracking of requests from the City. • Provide estimating services as required.
• Provide scheduling services as required.

Page 168 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group

Page 5 of 6 ends

• Assist in contract development and standardization of forms and templates for the City to use, including any Request for Qualifications or Proposals that may still be needed to further develop projects.
• Preparation, distribution, tracking, reviewing, and awarding of any RFQ and/or RFP needed • Management and development of energy and sustainable projects to comply with State requirements and City’s sustainability plan goals.
• Assist the City with securing funding for various projects. • Assist with the preparation of reports for various agencies and coordination of applications needed on behalf of the City or other documentation that may be needed. • Assist to resolve complaints and/or seek to resolve and mitigate issues that may arise on projects on behalf of the City with a variety of entities, consultants, contractors, or others that may be needed occasionally on projects.

Move Services duties may include:
• Aiding in all aspects of planning, scheduling, coordinating and execution of the physical relocation of staff, including, furniture and equipment or other physical assets. • Interacting with building users, project managers, City employees, other users, and project team members involved with moves and necessary relocations to implement construction projects or related to other capital facility projects. • Development of a Move Plan for each relocation or move that is anticipated as per the City. • Coordinate the details and planning aspects of the move from original locations to the complete set-up at the destination.
• Manage and oversee movers on the day of the scheduled moves as necessary.
• Assemble and Manage Project Team to outline Project Requirements (Kickoff meeting). • Develop a detailed implementation schedule, project budget and communications plan. • Coordinate with the Furniture Supplier insuring space efficiency. • Make recommendations with respect to existing furnishings, relocation and installation of equipment, and move phase consolidation.
• Provide inventory of said furnishings.
• Assess and determine the amount of moving supplies (i.e. boxes) needed for the move. • Work with Purchasing and other City personnel to coordinate asset management of furniture and equipment in keeping with the City’s policies and procedures. • Coordinate and supervise all aspects of interior workshop set-up, tear down, move/relocation, equipment and furniture requests as needed.
• Work and coordinate with equipment installers.
• Schedule and facilitate pre-move meetings with various stakeholders. • Work and assist City Purchasing and other City personnel with the procurement process of actual moving services (i.e. supplies and transportation) to ensure proper and adequate resources are provided to ensure a smooth move.
• Implementation of Move Plan.

Page 169 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group

Page 6 of 6 ends

• Move administration including pre-move conferencing, approvals of vendor contractor plans, pricing and schedules, facilitation of team and project staff meetings. • Project coordination and communication (signage, Department Coordination, project notes, request tracking, etc.).
• Hold meetings (with frequency to be determined with various stakeholders). • Track project expenditures against budget; review and verify contractor vendor requests for payment.

Page 170 of 307 ends

Exhibit B to Professional Services Agreement between March 29, 2022 City of Atwater and Premiere Management Group Page 1 of 1

EXHIBIT B

FEE SCHEDULE
PMG will work directly with the City to develop the compensation structure that works best for both parties.

Our hourly rates are as follows:

Project Director $155/hour
Project Manager $145/hour
Construction Manager $135/hour
Project Engineer $120/hour
Administration/Budget Staff $90/hour
Travel and reimbursable expenses shall be reimbursed at cost and in accordance with the federal government Joint Travel Regulations.

If additional consultants are needed, PMG will work with City to determine costs and use.

Page 171 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 1 of 16

ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND QUAD KNOPF, INC. (PROFESSIONAL) THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Quad Knopf, Inc., a California Corporation (“Professional”) as of March 29, 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, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. 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 Effective Date noted above and shall end on March 29,2025. Professional shall complete the work described in Exhibit A prior to that date, 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.

Page 172 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 2 of 16

Page 173 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 3 of 16
 Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

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

Page 174 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 4 of 16
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, 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. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.

Page 175 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 5 of 16
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.

4.2 Commercial General and Automobile Liability Insurance.

Page 176 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 6 of 16
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. 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.

Page 177 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 7 of 16

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.

Page 178 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 8 of 16

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

Page 179 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 9 of 16
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.

Section 6. STATUS OF PROFESSIONAL.

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

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

Page 180 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 10 of 16
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.

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 120 days’ prior written notice to City and shall include in such notice the reasons for cancellation.

Page 181 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 11 of 16
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.

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

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:

8.6.2 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

Page 182 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 12 of 16

Section 10. KEEPING AND STATUS OF RECORDS.

Section 11. MISCELLANEOUS PROVISIONS.

Page 183 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 13 of 16

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.

Page 184 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 14 of 16
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.

11.8 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.

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

City of Atwater
Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301
[email protected]
Any written notice to City shall be sent to:

Quad Knopf, Inc.

Garth Pecchenino, Principal
2816 Park Avenue
Merced, CA 95348
[email protected]

Exhibit A Scope of Work
Exhibit B Fee Schedule

Page 185 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 15 of 16

11.13 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.

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

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

Page 186 of 307 ends

On-Call Master Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 16 of 16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Garth Pecchenino, Project Principal Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Page 187 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc. Page 1 of 5

EXHIBIT A

SCOPE OF WORK

The successful consultants will assist the City in the following proposed scope of services, but would not be limited to the following:

The successful firms shall agree to contract with the City of Atwater to provide the following services:

Page 188 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc. Page 2 of 5
• Additional tasks associated with successful project management.

Page 189 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc. Page 3 of 5
• Real Estate Consulting, analysis of potential real estate, property acquisition and disposition, negotiations.
• Conduct meetings with site staff and design team to refine detailed scope and program, including compliance with City educational specifications and Material and Construction Standards.
• Review proposals received from design consultants for scope and reasonableness to provide recommendations to the City.
• Review proposals received from firms for preconstruction phase for scope and reasonableness to provide recommendations to the City.
• Review level of effort and associated costs for reasonableness and appropriate quantity. • Interact with design consultant as needed to obtain appropriate scope and level of effort. • Interact with construction consultant as needed to obtain appropriate scope and level of effort. • Set up a decision-making framework to ensure timely City decisions. • Ensure that project is properly set up in tracking software which may include initial project schedule and budget.
• Review invoices for reasonableness, correctness, and appropriate charges. • Provide monthly status reports in prescribed format.
• Attend project meetings., as needed.
• Participate in and maintain minutes of critical pre-design phase meetings. • Participate in the site acquisition process and/or environmental due diligence site planning as determined by the City.
• Interpret and apply California Environmental Quality Act (CEQA) guidelines. Assist with filing CEQA documents with appropriate State and County agencies; obtain land use and property data from County records.
• Participate in other meetings as required.
• Coordinate and communicate effectively with various consultants, agencies, regulatory agencies, other City employees, and/or others as needed. • Additional tasks associated with successful project management. • Develop proper scopes of work, schedules, and budgets to manage other vendors or consultants.

Design Phase duties may include:
• Monitor design phase schedule and progress throughout all phases. • Space Efficiency Studies
• Space Planning
• Review design phase submittals and recommend approval. • Monitor project budget to ensure compliance with the City’s project budget. • Monitor progress of design team to ensure submittal of required documents and retrieve verification.
• Ensure that project is properly maintained in tracking software. • Review invoices for reasonableness, correctness, and appropriate charges. • Provide weekly status reports in prescribed format.
• Attend weekly program meetings.
• Participate in and maintain minutes of critical design phase meetings.

Page 190 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc. Page 4 of 5
• Participate in other meetings as required.
• Assist in bidding preparation and award process.
• Participate in pre-bid meetings.
• Facilitate the functioning of an integrated project delivery team.

Additional tasks associated with successful project management.

Planning duties may include:
• Assist City in the development and maintenance of City standards, overseeing the process, identifying items to standardize, work with colleges to facilitate development of standards. • Refine, develop, coordinate, and establish a system of management for the implementation of a comprehensive City-wide Systems Condition Index management plan coordinated with the existing plans and reports. The goal is to have a comprehensive strategy for planning on-going routine maintenance projects at various sites that can be institutionally followed and coordinated, including a plan for assessing, developing, and managing Scheduled Maintenance projects. Work to identify the process and implement such by working with the City to understand and facilitate the execution of the plan. • Assist in contract development and standardization of forms and templates for the City to use, including any Request for Qualifications or Proposals that may still be needed to further develop projects.
• Preparation, distribution, tracking, reviewing, and awarding of any RFQ and/or RFP needed • Management and development of energy and sustainable projects to comply with State requirements and City’s sustainability plan goals.
• Assist the City with securing funding for various projects. • Assist with the preparation of reports for various agencies and coordination of applications needed on behalf of the City or other documentation that may be needed.

Page 191 of 307 ends

Exhibit A to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc. Page 5 of 5
• Assist to resolve complaints and/or seek to resolve and mitigate issues that may arise on projects on behalf of the City with a variety of entities, consultants, contractors, or others that may be needed occasionally on projects.

Page 192 of 307 ends

Exhibit B to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 1 of 2

EXHIBIT B

FEE SCHEDULE
2022 CHARGE RATE SCHEDULE
Current

TECHNICAL SERVICES
ProjectAssistant $69 /hour
ProjectAdministrator $92 /hour
AssistantCADDTechnician/AssistantCADDDesigner/GISTechnician $87 /hour AssociateCADDTechnician/AssociateCADDDesigner/AssociateGISAnalyst $102 /hour SeniorAssociateCADDTechnician/SeniorAssociateCADDDesigner/SeniorAssociateGISAnalyst $118 /hour SeniorCADDTechnician/SeniorCADDDesigner/SeniorGISAnalyst $133 /hour LandscapeArchitectTechnician $102 /hour

PROFESSIONAL SERVICES
Engineering
AssistantEngineer $115 /hour
AssociateEngineer $140 /hour
SeniorAssociateEngineer $160 /hour
ProjectEngineer $180/hour
SeniorEngineer/CityEngineer/DistrictEngineer $210 /hour PrincipalEngineer $250 /hour
Planning / Environmental / Landscape Architecture
AssistantEnvironmentalScientist $85 /hour
AssistantPlanner $95 /hour
AssociatePlanner/AssociateEnvironmentalScientist $110 /hour SeniorAssociateEnvironmentalScientist $135 /hour
SeniorAssociatePlanner $135 /hour
SeniorEnvironmentalScientist $160 /hour
SeniorPlanner/SeniorLandscapeArchitect $160 /hour
PrincipalPlanner/PrincipalEnvironmentalScientist $175 /hour SeniorPrincipalPlanner/SeniorPrincipalEnvironmentalScientist $195 /hour

Page 193 of 307 ends

Exhibit B to Professional Services Agreement between March 29, 2022 City of Atwater and Quad Knopf, Inc Page 2 of 2
Construction and Project Management
FieldConstructionObserver $118 /hour
SeniorFieldConstructionObserver $138 /hour
AssistantConstructionManager/AssistantProjectManager $110 /hour AssociateConstructionManager/ AssociateProjectManager $129 /hour ProjectManager $133 /hour
SeniorAssociateConstructionManager/ SeniorAssociateProjectManager $148 /hour SeniorConstructionManager/SeniorProjectManager $170 /hour PrincipalConstructionManager/PrincipalProjectManager $185 /hour Surveying
AssistantSurveyor $110 /hour
AssociateSurveyor $125 /hour
SeniorAssociateSurveyor $150 /hour
ProjectSurveyor $165 /hour
SeniorSurveyor $180 /hour
One-PersonSurveyCrew $140 /hour
Two-PersonSurveyCrew $225 /hour
Three-PersonSurveyCrew $275 /hour
UAVPilot $165 /hour
UAVFlightObserver $125 /hour
Fees are based on the median hourly pay rate for employeesin each classification, plusindirect costs, overhead, and profit.

EXPENSES
Plotting, PrintingandReproduction,EquipmentRental,PostageandShipping 1.15xCost Transportationandperdiem(QKwillprovidedocumentedevidenceofbusinesstravel,traveloutsideofwork areasshallbepre-approvedbyClient)

1.15xCost
Mileage $0.67/mile
OtherExpenses–IncludingSubconsultants&PurchasedServicesthroughSubcontracts 1.15xCost RatesareeffectivethroughDecember31,2022. Ifcontractassignmentextendsbeyondthatdate,a newrateschedulemaybeaddedtothecontract. ExpertWitness/Litigationsupportwillbebilledas quoted.

Ratesbasedon“PrevailingWage”(PW)forConstructionSurveyingwillbedeterminedbyprojectandCountyperCalifornia law. 12/28/2021

Page 194 of 307 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Dyson
SUBJECT: Approving Improvement Agreement with Atwater Elementary School District for public improvements related to
construction of new elementary school (Public
Works/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Approval of the Improvement Agreement, in a form approved by the City Attorney, with the Atwater Elementary School District for public improvements related to the construction of a new elementary school; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Atwater Elementary School District (AESD) has begun construction of their new elementary school on a 9.82-acre site. AESD needs an additional school to accommodate the influx of elementary level students from the residential subdivisions in the area.

The project would include four classroom buildings consisting of 25 classrooms total, administrative offices, a multi-purpose building, hard court areas and athletic fields.

AESD plans for the new elementary school to serve up to 600 students and staff up to 45 employees. The project is proposed to operate during regular sessions from late August to early June, but may host special events and classes during the evenings, on weekends, and during summer sessions.

On July 21, 2021, the Planning Commission approved the architecture and made the determination that the proposed new elementary school was in conformance with the City’s General Plan through Resolution No. PC 0177-21.

As a school district, AESD is subject to numerous state requirements and oversight regarding construction on District school sites. These requirements are designed to ensure the school construction projects are safe for students and promote the public interest.

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

Page 195 of 307 ends

Agenda Report - Page 2
The new elementary school will create public improvements necessary within the City’s right of way. These improvements are listed in the agreement and shown on the corresponding exhibit. The public improvements listed are essential to promote the safety of students and the public.

Although the City of Atwater has limited jurisdiction over the building construction of the new campus, the City of Atwater is the jurisdictional authority and the utility provider for the public infrastructure that will serve the new school. The City is also responsible for ensuring public safety as it relates to off-site improvements, traffic, engineering, and storm drainage facilities and the like. The District still needs utility connection and encroachment permits from the City for its final development of the school project.

The City and AESD have created an improvement agreement that requires AESD to perform the needed public improvements, along with certain impact fees, in exchange for an encroachment permit and utility connection.

Among the public improvements, a traffic signal is needed. The traffic conditions in the area would become hazardous to public safety with the addition of a school, which would generate increased traffic in the area. The installation of the new school fasttracks the need for a new traffic signal at the intersection of Juniper Avenue and Bridgewater Street. Originally, a signal was identified as needing to be installed by the year 2040. However, the addition of the school requires the signal to be installed before it can open. As this project has prompted the need for the signal, the City and AESD have negotiated this agreement to share the costs to cover the traffic signal.

Under the adopted 2000 General Plan, the Circulation Element requires a traffic signal at the intersection of Juniper Avenue and Bridgewater Street to be constructed by the year 2040. To ensure public safety, under the proposed project, signalization will be required prior to the commencement of classes. AESD is proposing the City share the costs of the installation of the Traffic Signal up to 50% under the proposed project.

Additionally, as stated in the improvement agreement, AESD will agree to pay development impact fees of $158,578.93.

II. FISCAL IMPACTS:

Should the City Council approve the Improvement Agreement, the City's 50% cost share would be approximately $275,000 and staff will budget during Fiscal Year 2022- 23 budget process. This item has been reviewed and approved by the Finance Department.

III. LEGAL REVIEW:

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

Page 196 of 307 ends

Agenda Report - Page 3
IV. EXISTING POLICY:

This item is consistent with goal number two (2) of the City's 2020-2025 Strategic Plan:
to improve public safety.

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:

Under the authority of the State, AESD has the power and authority to act as lead agency for the review and administration of the California Environmental Quality Act (CEQA). Pursuant to CEQA, an initial study was prepared for the new elementary school under section 15063 and its findings were made public. From this work, the Atwater Elementary School District’s School Board adopted a Mitigated Negative Declaration. As an affected agency, the City reviewed and responded to their Initial Study and Mitigated Negative Declaration which raised concerns over their analysis. A copy of which is attached.

Pursuant to CEQA, the improvements identified in the agreement are categorically exempt under guideline section 15301, Class 1, "Existing Facilities." This section states, " Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." The improvements to be installed are minor alteration to the existing public facilities.

Specifically, example (c) states alterations and additions to existing streets, sidewalks, etc. are within the scope of the Class 1 exemption. The improvements included are pedestrian crossings, which are explicitly acknowledged in this example.

IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, the parties will execute the agreement.

Page 197 of 307 ends

Agenda Report - Page 4
Submitted by:

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

Lori Waterman, City Manager
Attachments:

1. Atwater Elementary School District - Improvement Agreement

2. IS/MND Letter

Page 198 of 307 ends

1 PROJECT IMPROVEMENT AGREEMENT
THIS PROJECT IMPROVEMENT AGREEMENT (“Agreement”) related to the Juniper Elementary School Project (“Project”) is made and entered into this 22 day of March, 2022, by and between the City of Atwater, a municipal corporation of the State of California (“City”), and Atwater Elementary School District, a California public school district (“District”). It is made with respect to certain public improvements required in connection with real property consisting of 9.82 acres and located at the northwest corner of Juniper Avenue and Bridgewater Street in the City of Atwater, located in Merced County, Assessor’s Parcel Number (“APN”) 004-010-026 (the “Property”.

RECITAL
WHEREAS, the District is proposing to construct and operate a new elementary school on the Property; and
WHEREAS, the District is subject to numerous state requirements and state oversight regarding construction on District school sites, which requirements are designed to ensure that school construction projects are safe for students and promote the public interest; and WHEREAS, under the authority by the State, the District has the power and authority to act as lead agency for the review and administration of the California Environmental Quality Act (“CEQA”) as lead agency; and
WHEREAS, the District has completed an Initial Study and recommended Mitigated Negative Declaration (collectively referred as “IS/MND”) and published their findings and have had their findings adopted by their Board and the City was noticed as an affected agency; and WHEREAS, the City is the municipal authority and utility provider over the public infrastructure and public improvements that would serve the Project; and WHEREAS, the District desires, and is required to have, an encroachment permit and utility connection from the City for its Project; and
WHEREAS, the District recognizes and understands its responsibilities and requirements as it relates to Government Code section 53097; and
WHEREAS, to support the request for the encroachment permit and connection to city services, the City requires certain public improvements as a result of the Project; and WHEREAS, to strengthen the public process, promote efficiency, and ensure public safety, both parties wish to memorialize their intent by Agreement.

NOW, THEREFORE, IT IS AGREED by and between District and City as follows:

SECTION I- STORMWATER
A. All development within the City is subject to the Atwater Municipal Code. Section

13.22.120.E, which requires that:

Page 199 of 307 ends

2 Every person or entity, including the above-listed categories, undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination or illicit discharges shall comply with best management practices (BMPs) consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.
(Ord. CS 961, § 1, 5-11-2015)
Further, pursuant to Government Code section 53097, the District must comply with City ordinances regulating drainage improvements and conditions, among other things.

B. For compliance with this section, the City will accept “end of pipe” treatment at the point of discharge from the proposed elementary school campus (Project) for pollutants of concern.

This requirement achieves the City’s goal for removal of pollutants.

SECTION II- IMPROVEMENTS
A. Unless otherwise specified below, District promises, covenants, and agrees it shall construct or have constructed at its own cost, expense, and liability all of the following improvements required by City, in consideration for the issuance of an Encroachment Permit for the Project.

The required improvements are shown on Exhibit “A” and further described as:

1. Construct a traffic signal at Juniper Avenue and Bridgewater Street and shall include but not be limited to; signage, thermoplastic striping, ADA curb ramps, signal controller, controller cabinet, service cabinet, uninterruptible power supply (UPS), video or loop detector system (as determined by the City Engineer at time of design engineering), signal lights, signal arms, signal poles, LED internally illuminated street name sign (IISNS), street lighting, pull boxes, conduits, and conductors. City shall reimburse the cost of this signal improvement up to fifty percent (50%) of the estimated cost for construction of $550,000 (“Estimated Cost of Construction”). In the event the actual, final cost of construction (inclusive of any change orders) exceeds the Estimated Cost of Construction for said improvement, the City and District shall meet and confer to negotiate the reimbursement obligation, if any, for such difference. Said costs may be repaid over a period of thirty-six (36) months at the discretion of the City.

2. Construct high-visibility crosswalks, which will include but not be limited to; signage, thermoplastic striping, retroreflective crosswalk markings and, ADA curb ramps (where compliant ADA curb ramps do not exist) as listed at the following intersections:
• Bridgewater Street and Arrowwood Lane
o East and south legs
• Juniper Avenue and Bridgewater Street
o North and west legs
• Juniper Avenue and Sierra Madre Drive
o North, south, and west legs
• Juniper Avenue and Valley Street
o South leg

Page 200 of 307 ends

3 Pavement markings and signage shall conform to the latest edition of the CA MUTCD guidelines.

3. Construct raised median on Bridgewater Street between Arrowwood Lane and the northern parking lot entrance for the Project.

4. Modify and extend existing raised median on Bridgewater Street at Juniper Avenue approximately 15’ south to the crosswalk on the north side of Juniper Avenue.

5. Install striped median and left turn arrow on Bridgewater Street from norther parking lot entrance approximately 100’ in length and remove existing striping.

6. Remove and replace existing improvements at the northwest return of Juniper Avenue west of Bridgewater Street for U-turn movement from eastbound Juniper Avenue. Improvements will allow for a minimum distance of 37’ from the south face of curb at south side of the left turn lane median in Juniper Avenue at Bridgewater Street.

7. Extend existing raised median just west of Bridgewater Street on Juniper Avenue approximately 25’each direction to the crosswalks at Bridgewater Street and Valley Street.

8. Extend existing raised median west of Valley Street on Juniper Avenue approximately 480’ west to the intersection of Sierra Madre Drive.

9. Construct sidewalk on Juniper Avenue and Bridgewater Street along Project frontage.

10. District shall pay for the re-pavement of all utility connections and disturbances of Bridgewater Street and Juniper Avenue to the half section of the roadway.

11. District shall, in additions to any other costs, pay development impact fees of $158,578.93. Such payment may be made within a reasonable time, not later than twelve (12) months after the issuance of the City’s encroachment permit as contemplated herein.

12. The District will maintain the trees located in the street frontage on Juniper Ave. and Bridgewater St. The City agrees to maintain the existing irrigation systems in these locations.

13. Installation of Public Off-Site Improvements.

Without limiting the generality of the foregoing, the District agrees to construct improvements depicted and listed in and attached hereto as Exhibit “A” and Exhibit “B”. Improvements shall include, but not necessarily be limited to the improvements shown on Exhibit “A”. Prior to construction of the Improvements the District’s engineer shall prepare and submit civil improvement plans to be approved by the City Engineer. Nothing in this section shall be construed to be a waiver of liability under Government Code section 53097 regarding off-site improvements, for District’s failure to fully perform all otherwise-required off-site improvements under the City’s Municipal Code. Moreover, District agrees and understands that such failures to construct all otherwise-required offsite improvements

Page 201 of 307 ends

4 The District shall agree, at no cost to City, to provide construction Record Drawings to the City, in an AutoCad v. 2019, or 1ater, electronic format and on 4 mil Mylar.

SECTION III- INSURANCE
A. Insurance. District (and/or its prime contractor(s) on the Project) shall maintain in full force and effect policies of insurance, or by District, its equivalent through its risk pool, and will provide City with written proof of said insurance. District shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when District may be correcting, removing, or replacing defective work. District shall maintain substantially equivalent coverage as follows:

B. Minimum Scope of Insurance.

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $4,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS. The District shall agree to provide the City evidence showing the City listed as an additional insured by the District’s insurance carrier, the general contractor’s, and sub-contractor’s insurance carriers for all work performed or associated with utility connection or within the public right of way.

3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired, or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.

4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.

6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

Page 202 of 307 ends

5 C. Other Insurance Provisions. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insureds with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

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

3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.

D. Subcontractors. District’s contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.

SECTION IV- OTHER TERMS AND CONDITIONS
A. Bond for Improvements. District agrees it shall require its prime contractor(s) to furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of its contract price with District as security for the faithful performance of its work for District (“Performance Bond”). The contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, with respect to such work or labor in connection with that contract (“Labor and Material Bond”).

Page 203 of 307 ends

6 B. Indemnification. In recognition of Government Code section 53097, and the limitation of liability to City for performance of improvements by District as contemplated herein, District agrees that it indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of District or its contractors or subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of District, contractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of District to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

C. City Inspection and Approval. The construction of all off-site Improvements hereunder is at all times subject to the inspection and final approval of the Atwater City Engineer or any other designated inspector of City, including the final inspection thereof, and their decision shall be conclusive as to the satisfactory completion of the improvements.

D. Extensions. No extension of time or release of surety bond, cash, or other deposit shall be made except upon a certification of the Atwater City Engineer or other designated engineer of work, that the work performed and covered by this Agreement and guaranteed by the Faithful Performance Improvements Bonds or any cash deposits required hereunder has been satisfactorily completed, approved, and finally accepted by the Atwater City Council.

E. Recording Costs. The City shall pay for any costs of recording this Agreement with the Merced County Recorder.

F. Assignment. It is agreed that, until completion of the required Improvements and final acceptance by City, the District shall not have the right to transfer or assign this Agreement or to transfer or assign any right, title, and interest in any of the real property or the Improvements to be constructed thereon to any third person or persons, without first obtaining the prior written consent by City to any such transfer, with such written consent not to be unreasonably withheld, conditioned, or delayed.

G. Dust and Traffic Control. In addition to the requirements in the MND, the District shall agree to exercise reasonable dust and traffic control measures in connection with the construction of any of the Public Improvements required hereunder, including the use of water trucks and/or sprinkling to alleviate any dust problems if requested by City, as well as to provide any barricades, warning signs, and lights which may be needed for public safety reasons as reasonably determined by City. The District shall prepare traffic control plans and receive approval by the City Engineer. Further, City shall have the right to order the immediate cessation of the operation of all equipment or vehicles and any work within the development, if the dust or traffic control problem becomes a nuisance or a hazard to other residents within the City, and they are not adequately controlled by the District in the reasonable discretion and satisfaction of City.

Page 204 of 307 ends

7 H. Attorney’s Fees. In the event it becomes necessary to enforce any of the provisions of this Agreement by Court action, the prevailing party shall be entitled to reasonable attorney’s fees as may be awarded by a Court of competent jurisdiction.

I. Erosion Control Plan. In addition to the requirements in the MND, the District shall incorporate an erosion control plan into the construction documents. This plan is to be a copy of the plan submitted to the State Water Resources Control Board as part of the District’s Construction Activity Storm Water Permit.

J. Geotechnical Report. The District, at their sole expense, shall provide the City Engineering Department with a Geotechnical Report for the off-site Improvements, in a form satisfactory to the City Engineer.

K. Boundary Encroachments. The District shall resolve any boundary encroachment problems or providing the right-of-way and PUE dedications, if applicable.

L. Air Pollution Permitting. In addition to the requirements in the MND, the District shall acknowledge and agree to comply, as applicable, with San Joaquin Valley Air Pollution Control District Rule 8021-Construction, Demolition, Excavation, Extraction and Other Earthmoving Activities, which requires the owner or operator of a construction project to submit a Dust Control Plan to the San Joaquin Valley Air Pollution Control District if at any time the project involves:
▪ Residential developments of ten or more acres of disturbed surface area, ▪ Non-residential developments of five or more acres of disturbed surface area, or
▪ Moving, depositing, or relocating of more than 2,500 cubic yards per day of bulk materials on at least three days of the project.
▪ See Website for more details: www.valleyair.org
M. Record Drawings. The District agrees, at no cost to City, to provide a set of construction drawings (Record Drawings) to the City, on 3 mil Mylar, in an AutoCad v. 2013, or later, electronic format, prior to final acceptance of construction. [Signatures on Following Page]

Page 205 of 307 ends

8 IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
“CITY”
CITY OF ATWATER, a Municipal
Corporation
By
LORI WATERMAN, City Manager
Attest
LUCY ARMSTRONG, City Clerk
Approved as to Form:

By
FRANK SPLENDORIO, City Attorney
“DISTRICT”
By ____________________________________
AARON DELWORTH, Asst. Superintendent Business Services

ATWATER ELEMENTRY SCHOOL DISTRICT

Page 206 of 307 ends

Page 207 of 307 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief
PREPARED BY: Robert Ayuso, Battalion Chief
SUBJECT: Approving Memorandum of Understanding with County of Merced for Merced County Operational Area Technical Rescue Team (CAL FIRE Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Approval of the Memorandum of Understanding, in a form approved by the City Attorney, with the County of Merced for the Merced County Operational Area Technical Rescue Team; and authorizes and directs the City Manager, or his or her designee, to execute any and all documents related to the Memorandum of Understanding on behalf of the City.

I. BACKGROUND/ANALYSIS:

Staff is requesting approval of the Memorandum of Understanding (MOU) for Merced County Operational Area Technical Rescue Team (TEAM). Approval will allow the City to formally "opt-in" to this MOU which some of the other parties have already agreed to and authorized. Each of the parties to this agreement will designate a number of trained personnel to serve on the TEAM.

Each party is responsible for ensuring the individuals assigned are trained to the appropriate level and that they maintain their proficiency. The MOU establishes minimum levels of training and refresher training required. It also establishes the responsibilities of each of the participating parties as well as dispatch, indemnification, and cost recovery procedures.By enacting this MOU, it will allow for an increased availability of trained personnel throughout Merced County for response to technical rescue incidents.

II. FISCAL IMPACTS:

There is no pay incentive for being a member of this TEAM and currently the Atwater Fire Department does not have any active members. If the Atwater Fire Department should have any employees become members of the TEAM, the only fiscal impact

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

Page 208 of 307 ends

Agenda Report - Page 2
would be training overtime, which the current budget, General Fund, Fire, Professional Services account number 0001-2030-3030, could support. 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 one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

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:

This item is not considered a “project” under Section 21065 of the Public Resources Code as it will not directly or reasonably indirectly affect the physical environment and therefore not subject to review or analysis.

IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, staff will execute the Memorandum of Understanding.

Submitted by:

Bobby Ayuso, CAL FIRE Battalion Chief

Page 209 of 307 ends

Agenda Report - Page 3
Approved by:

Lori Waterman, City Manager
Attachments:

1. Memorandum of Understanding - Merced County Operational Area Technical Rescue Team

Page 210 of 307 ends

Page 211 of 307 ends

Page 212 of 307 ends

Page 213 of 307 ends

Page 214 of 307 ends

Page 215 of 307 ends

Page 216 of 307 ends

Page 217 of 307 ends

Page 218 of 307 ends

Page 219 of 307 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Justin Vinson
SUBJECT: Awarding General Construction Contract to Straight Edge Roofing for installation of new roof at future City
Administration Building (Public Works/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Awards a General Construction Contract, in a form approved by the City Attorney, to Straight Edge Roofing of Atwater, California for the installation of a new roof and gutters at the future City Administration Building at 1160 Fifth Street, in an amount not to exceed $39,950; authorizes and directs the City Manager to sign and affirm construction contract change orders up to an additional aggregate of $3,995.00 (10%); and authorizes and directs the City Manager, or her designee, to execute the Contract on behalf of the City.

I. BACKGROUND/ANALYSIS:

On March 22, 2021, the City Council gave direction and approval for the purchase of real property located at 1160 Fifth Street, Atwater, California. The purpose of the purchase was to provide space for the relocation of the current City Administration, City Clerk, and Human Resources/Risk Management staff to address the over-crowded conditions in the current City Hall building. The purchase of this new building is part of a plan that will have the best economic benefit to the public by being centrally and strategically located.

Staff requested a roof assessment be completed to determine the remaining lifespan of the roof and gutters that are on the future City Administration Building. The results of the assessment were that the life of the current roof on the building has expired and replacement was recommended. The gutters were only in need of minor repairs and had to be reattached to the fascia in some places.

Staff reached out to local vendors for informal proposals to replace the shingles on the roof with new shingles and to do minor repairs on the gutters. Three (3) bid proposals were received and were totaled and reviewed for responsiveness. One bid came in

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

Page 220 of 307 ends

Agenda Report - Page 2
without including prevailing wage. When staff contracted the contractor, they responded that they would not be interested in the job if it included prevailing wage.

The Bid Summary (EXHIBIT “A”) shows the lowest bid coming in at $39,950.00. Staff has reviewed the bid and determined that the bid submitted by Straight Edge Roofing of Atwater, California for the amount of $39,950.00 is a responsive and acceptable bid.

The new roof will carry a 10 year watertight guarantee covering workmanship from the date of completion.

II. FISCAL IMPACTS:

Sufficient funding is available in the Fiscal Year 2021-22 Budget ARPA-American Rescue Plan Act Fund, Capital Projects, Civic Center 1 Account No. 1010-1080-U007.

Pursuant to Section 7: Purchasing Procedures in the City's Purchasing System Manual, Public Works, Small Projects section. 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:

N/A
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:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c):

Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Page 221 of 307 ends

Agenda Report - Page 3
IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, the General Construction Contract will be routed for signatures.

Submitted by:

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

Lori Waterman, City Manager
Attachments:

1. Exhibit A - Bid Summary

2. General Construction Contract - Straight Edge Roofing

Page 222 of 307 ends

Page 223 of 307 ends

Page 224 of 307 ends

Page 225 of 307 ends

Page 226 of 307 ends

Page 227 of 307 ends

Page 228 of 307 ends

Page 229 of 307 ends

Page 230 of 307 ends

Page 231 of 307 ends

Page 232 of 307 ends

Page 233 of 307 ends

Page 234 of 307 ends

Page 235 of 307 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Justin Vinson
SUBJECT: Waiving the Formal Procurement Process and Awarding a Sole Source Purchase to Tesco Controls, Inc. for upgrades to the SCADA Hardware and Software (Public Works/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Waives the Formal Procurement Process and awards a sole source purchase to Tesco Controls, Inc. of Sacramento, CA for upgrades to the City SCADA hardware and software, in an amount not to exceed $249,500.00; and authorizes and directs the City Manager to execute the Purchase Order on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City of Atwater currently has an aging Supervisory Control and Data Acquisition (SCADA) system for their water distribution and wastewater collection systems. On February 15, 2022, the City of Atwater's SCADA computer and software crashed. Staff called Tesco Controls to see if they could investigate the reasoning and make a recommendation for resolving the issue. Tesco Controls diagnosed that the hard drive on the computer crashed and lost all of the data that was stored on it. Tesco Controls was able to get the system back up and functional for now, but warned that due to the age of the hardware and software, that an upgrade would be needed. The current hardware is running off Windows 7 and its SCADA software is running off of Wonderware, both of which are no longer supported since they are over 10 years old.

Due to the concerns of the age of the system, staff requested a quote from Tesco Controls to provide both hardware and software upgrades at the City of Atwater Corporation site as well as a way to remote safely into SCADA. The architecture laid out in this upgrade will follow NIST 800 and ISA 62443 cybersecurity guidelines and align with current industry ultimately providing the City with a secure, robust, and reliable system that is also adaptable for future utilization.

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

Page 236 of 307 ends

Agenda Report - Page 2
The hardware and software located at the City of Atwater Corporation Yard is the last of the outdated technology that the City has in regards to it's SCADA system. This last upgrade will ensure the City will have coverage of all of its well sites, sewer and storm stations that have SCADA control, receive alarms, and receive in time and historical data for all sites for the foreseeable future.

Sole Source
Generally, the Atwater Municipal Code (AMC) requires all purchases which exceed $25,000 in price to be competitively bid through the City’s centralized purchasing requirements. However, AMC section 3.04.110 expressly provides that the centralized purchasing requirements may be dispensed with for sole source purchases. As detailed below, the exception applies to this purchase, allowing the Council to waive the formal, centralized purchasing requirements.

AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source when any of the following apply:

The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or

1. The item or service is unique and available only from a sole source; or

2. The item or service is designed to match others already in use or necessary to be compatible with others already in use.

Due to the need to integrate one SCADA system city-wide, and the efficiencies and economies of scale captured by such integration, this purchase represents the only acceptable choice for the City and comports with the City's purchasing requirements for sole source purchases. The hardware and software are an upgrade to the current proprietary Tesco Control SCADA system and therefore meets the definition of sole source as it is the only equipment that will work with our SCADA system.

II. FISCAL IMPACTS:

Sufficient funding is available in the Fiscal Year 2021-22 Budget Water Enterprise Fund, Water Department, Machinery and Equipment Account No. 6000-7010-6021 and Sewer Enterprise Fund, Sewer Department, Machinery and Equipment Account No. 6010-5051-6021. An appropriation of $124,750.00 will be charged to Account No. 6000-7010-6021 and an appropriation of $124,750.00 will be charged to Account No. 6010-5051-6021.

Page 237 of 307 ends

Agenda Report - Page 3
The hardware and software are an upgrade to the current proprietary Tesco Control SCADA system and therefore meets the definition of sole source as it is the only equipment that will work with our SCADA system.

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 goals number one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and improve public safety.

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:

This item is not a “project” under the California Environmental Quality Act (CEQA) as professional services agreements do 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:

The Public Works Department will coordinate with Administration and Finance to execute the Purchase Order.

Page 238 of 307 ends

Agenda Report - Page 4
Submitted by:

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

Lori Waterman, City Manager
Attachments:

1. Tesco Quote for Hardware and Software Upgrade

2. Letter of Exclusivity Proprietorship - Atwater SCADA Control Telemetry System

Page 239 of 307 ends

Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. 22C024Q01 Page | 1 of 5
To: City of Atwater Quote Date: 3/9/2022
Attn: Justin Vinson Quote No.: 22C024Q01
Re: City of Atwater
SCADA Upgrade
Dear Justin:

Thank you for your continued interest in TESCO products, services, and solutions. We are pleased to quote the following scope of work pertaining to the above-referenced project.

Project Background
The City of Atwater currently has an aging Supervisory Control and Data Acquisition (SCADA) system for their water distribution and wastewater collections systems. This SCADA system runs a Wonderware InTouch application.

Due to concerns of the age of the system, the City has requested a quotation from Tesco Controls, Inc. to provide both hardware and software upgrades. Within this upgrade, considerations will be made to provide cyber security hardening to follow industry best practices and standards.

It is understood that the City has decided to migrate from Wonderware Intouch to an Inductive Automation Ignition platform. This quotation will include the new SCADA platform.

Scope of Work
Tesco Controls, Inc. will provide and configure the required hardware and software for this SCADA upgrade. The architecture laid out in this upgrade will follow NIST 800 and ISA 62443 cybersecurity guidelines and align with current industry standards; ultimately providing the City with a secure, robust, and reliable system that is also adaptable for future utilization.

The new hardware will consist of rackmount host servers, workstation computer, data storage devices, and the equipment required for SCADA network connectivity, separation, and security, consistent with industry best practices. The system will be configured in a virtualized architecture to improve the system’s ability to backup critical applications/files, recover from equipment failures/faults, and efficiently manage computing loads/resources. Additionally, a segment of the SCADA architecture will include a Demilitarized Zone (DMZ), which will be utilized to establish secure remote operator access to the SCADA system. To adhere with modern cybersecurity best practices, a dedicated host server (separate from the control system hypervisors) will reside in the DMZ and be secured through a firewall to ensure only access of credentialed and authorized users is permitted.

Tesco will provide three servers (hypervisors) configured in a virtualized environment for the SCADA system to run on. Two of the hypervisors will be leveraged on the core controls system securely tied into the radio and PLC networks. The hypervisors will be provisioned with virtual machines as required. The third hypervisor is provisioned for secure remote access within a DMZ.

Tesco will provide and utilize VMWare ESXi software for the server virtualization. A Tesco SCADA Programming Engineer will perform the configuration of all virtual machines. The virtualization of the system will allow the City to treat VMs as data, allowing each VM to be easily backed up. VEEAM backup software will be used to take scheduled backups of all core VMs which will be stored on the provided Network Attached Storage (NAS) device.

This setup will allow the ability to roll-back to previous backups in the event of malicious attack or disaster scenario.

Page 240 of 307 ends

Quotation TESCO CONTROLS, INC.

File Ref. 22C024Q01 Page | 2 of 5
Tesco will provide a client computer to be used as a local workstation. New peripherals (monitor, keyboard, etc.) will be provided with this computer. This will allow operators onsite to interact with the SCADA application.

New networking equipment will be provided within this project as well. Cybersecurity is of utmost importance and Tesco will provide and configure the required hardware to help protect the City’s new system. New networking equipment will include a new firewall and two (2) network switches. The City currently has a newer router onsite that Tesco will reconfigure for the new system. This additional hardware and configuration will help to harden the system and follow industry best practices.

A Tesco SCADA Programming Engineer will perform the application development of the new SCADA platform.

Tesco will provide Inductive Automation Ignition with required modules for the City. Tesco will host a workshop with the City to discuss screen development and changes, but the new application will be largely designed similarly to the existing one. Changes and tweaks will be able to be made to improve useability and function.

Tesco will leverage Inductive Automation Ignition’s alarm module for alarm notification. Tesco will configure the alarm notification module for alarm callouts via a new voice modem. This voice modem will be provided and configured by Tesco. The modem will require an analog phone line (POTS) for the callouts.

Upon completion of all development and configurations including the SCADA application, hypervisors, workstation, network switches, firewall, and router, Tesco will ship the new equipment to the City. A Tesco Field Service Engineer and SCADA Programming Engineer will setup and install the new equipment in a new Tesco provided server rack at the Corp Yard. Once completed, Tesco will perform startup and testing of the new system. Upon successful testing, Tesco will commission the City’s new SCADA system and decommission the old system.

After the system is commissioned, Tesco will provide a up to eight (8) hours of training on the new system to available City personnel. O&M manuals will be provided for Tesco supplied equipment.

Scope of Supply
Item Qty Description
1 1 SCADA Hardware to Include:
 Server Rack
 Qty. of Three (3): Dell Host Server
 Qty. of Two (2): SCADA Hypervisor
 Qty. of One (1): DMZ Hypervisor
 Dell Workstation Class Computer
 32” Monitor
 Keyboard & Mouse
 Microsoft Surface Pro
 For Remote Access
 Network Attached Storage (SCADA)
 4-Bay
 Qty. of Four (4): 4TB Hard Drives
 Firewall
 Qty. of Two (2) - Managed Network Switch
 Core Switch
 DMZ Switch
 Alarm Notification Modem
 For Voice Call-out
 NTP Server
 For Time Synchronization
 Uninterruptible Power Supply
 Keyboard, Video, Mouse (KVM)

Page 241 of 307 ends

Quotation TESCO CONTROLS, INC.

File Ref. 22C024Q01 Page | 3 of 5
Item Qty Description
2 1 Inductive Automation Software to Include:
 SCADA Server
 Ignition Platform
 Ignition Vision, Limited
 Ignition Reporting
 Ignition Tag Historian
 Ignition Alarm Notification
 Ignition Voice Notification
 Ignition OPC Com DA
 DMZ Server
 Ignition Platform
 Ignition Vision, Limited
3 1 Other Required Software to Include:
 Microsoft Office Pro
 MS Server 2019 Licenses as Required for Virtual Machines  VEEAM
 VMWare ESXi Essentials
 McAfee Antivirus

Page 242 of 307 ends

Quotation TESCO CONTROLS, INC.

File Ref. 22C024Q01 Page | 4 of 5
Item Qty Description
4 Lot Professional Services:
 Project Management
 Engineering
 Equipment schematics
 System block diagram
 Engineered submittals
 Technical data
 Project records
 SCADA Programming
 Configuration of servers and workstation
 Install and configure operating systems and supporting software
 Develop Ignition SCADA application
 Configure remote access to SCADA application
 Configure alarm notification module
 Test, commission, and verify proper functionality of the new SCADA system
 Networking/Communications/Telemetry
 Configure existing router
 Configure network switches
 Configure firewall for secure remote access
 Configure modem
 Provide an appropriate level of separation between SCADA network and process control network
 Product Startup Services
 Product quality review
 Verification of product installation
 Product parameter adjustments
 Product programming
 Software upload/download as required
 Product/equipment reconfiguration as required
 Product function checks
 Product startup.
 Onsite Training
 O&M Manuals
TOTAL (including applicable sales tax): $249,500.00
Project Clarifications
 Unless otherwise indicated by the Scope of Work above, quote is to furnish only and does not include any trade labor, trade work, construction work, site improvement, contractor services, or any trade installation services. Any trade labor and/or related trade work shall be performed by others/contractor.  Unless otherwise indicated by the Scope of Work above, the following is not included within this quotation:
 Conduit, field wire, tubing, or basic trade installation materials (brackets, screws, bolts, j-box, stanchions, pull-box, etc.)
 Instrumentation mounting components, brackets, stanchions, sunshields, etc.  Local control stations and/or field mounted disconnects.  Instrumentation, devices, components, or equipment not specifically identified in the above quotation.  Fiber optic patch panels, cable, splicing or terminations.  Networking infrastructure or architecture modifications to existing facilities.

Page 243 of 307 ends

Quotation TESCO CONTROLS, INC.

File Ref. 22C024Q01 Page | 5 of 5
 Any 3rd party testing, harmonic testing/analysis, protective device coordination study, short-circuit analysis, or Arc-Flash Risk Assessment (AFRA) services.  Electrical interconnection diagrams for equipment not furnished by TESCO  ISA process control loop diagrams.
 Signal loop diagrams for equipment not furnished by TESCO.

Clauses, Terms and Conditions
 Quote is firm for 30 days unless otherwise stated.
 Intellectual Property and Confidentiality Notice: The scope of work and price quotation shall not be construed as a formal design or recommendations on design for the related project. All content contained within this quotation is the intellectual property under the proprietorship of Tesco Controls, Inc. and is subject to applicable copyright laws. Such intellectual property shall not be duplicated, replicated, copied, or shared without explicit written consent from Tesco Controls, Inc., as it contains confidential information and work product developed exclusively for use by Tesco Controls, Inc.  Submittals: Initial equipment submittal(s) to be provided approximately 10-14 weeks after receipt of purchase order or written notice of intent; however, generation of submittal(s) will be contingent on supply-chain availability and variability for material components which may impact material item selections affecting submittal lead-times, therefore lead-times are subject to change without notice.  Delivery: Initial shipment(s) anticipated to commence approximately 16-20 weeks minimum after submittal approval; however, delivery schedule(s) will be contingent on supply-chain availability and variability for material components, therefore, lead-times are subject to change without notice.  Lead-Time & Supply Chain Impacts: Due to the supply chain impacts imposed by the pandemic, all quoted lead-times are subject to change without notice.
 Addendums Acknowledged: 0
 Unless otherwise stated above, price does not include any sales tax, use tax, or applicable fees; please apply any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable.  TESCO price is FOB factory, full freight allowed.
 TESCO warranties against defect in design, workmanship, and materials for a period of one year from date of installation, and does not exceed 18 months from the date of shipment from the factory.  TESCO carries liability insurance, with full workman's compensation coverage.  Terms are net 30 days on approved credit accounts.
 Interest will be applied to all past due invoices.
 All merchandise sold is subject to lien laws.
 Final retention to be paid within 10 days after the project notice of completion.

Please feel free to contact us at (916) 395-8800 to discuss any questions or comments you may have regarding this quotation.

Sincerely,
TESCO CONTROLS, INC.

Caleb Ernst
Technical Sales Estimator
[email protected]

Page 244 of 307 ends

Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref: Letter of Exclusivity & Proprietorship - Atwater SCADA Control & Telemetry System.doc Page | 1 of 1
March 21, 2022
Mr. Justin Vinson
City of Atwater
470 Aviator Drive
Atwater, CA 95301
(209) 357-6370
Re: City of Atwater
SCADA Control & Telemetry System
Exclusivity Letter
Dear Mr. Justin Vinson,
Tesco Controls, Inc. (TESCO) is the system supplier and equipment manufacturer for the City of Atwater’s control system installed at various water, wastewater, and storm station sites, including Remote Telemetry Units (RTUs) / Programmable Logic Controllers (PLCs), communication systems, hardware, software (including SCADA software drivers), and programming. These systems are comprised of TESCO-brand products, which are interconnected to orchestrate system controls and SCADA data monitoring, and incorporates custom, site-specific software and programming specifically developed by TESCO for the City’s systems and automation/control needs.

The technology deployed incorporates the integration of hardware, software, and communication protocols with aspects of these systems being proprietary in nature.

The products installed at the numerous sites and facilities within the City of Atwater’s system communicate between one another via radio telemetry and use specialty protocol drivers to facilitate efficient and effective SCADA data monitoring and control data messaging. In order to leverage lighter “over-the-air” payloads and enhanced communications management, the system is deployed using a proprietary data telemetry protocol to orchestrate controls and automation. Such protocols are specific to RTU/PLC equipment, which are TESCO-brand products specifically manufactured and sourced solely by Tesco Controls, Inc.

TESCO remains committed to provide products, service, integration, and support services to the City of Atwater and its control system. We actively maintain the City’s control strategy documentation and programming code for these systems. TESCO possesses the experience, intimate knowledge, and understanding of the City’s automation equipment to service and support the City’s systems and City’s needs. This makes TESCO the most cost-effective and ideal solution provider for continued support, services and product builds, while also preserving uniformity throughout the City’s system relating to standards, maintenance, operations, training, and spare parts.

We hope this information helps identify the importance of maintaining the City’s pre-established standards, which will manage costs, downtime, consistency, training, and support for the City’s infrastructure. If you have any questions, comments, or need additional information, please feel free to contact us.

Best regards,
TESCO CONTROLS, INC.

Delven Diaz
Sales Manager
[email protected]

Page 245 of 307 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED BY: Janell Martin
SUBJECT: Approving Cooperative Agreement with Comcast Business Communications, LLC for the installation of Internet Services at future City Administration Building (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Approval of the Cooperative Agreement, in a form approved by the City Attorney, with Comcast Business Communications, LLC of Philadelphia, Pennsylvania, for the installation of internet services at the future City Administration building, in an amount not to exceed $47,000; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

On March 22, 2021, the City Council gave direction and approval for the purchase of real property located at 1160 Fifth Street, Atwater, California. The purpose of the purchase was to provide space for the relocation of the current City Administration, City Clerk, and Human Resources/Risk Management staff to address the over-crowded conditions in the current City Hall building. The purchase of this new building for Administration staff is part of a plan that will have the best economic benefit to the City, be a catalyst project for the community, and to be more centrally and strategically located for the public.

Cooperative Purchases
The City may participate in purchases and contracts established by other political jurisdictions, provided the cooperative agreement is established following a competitive bid process similar to the City’s Formal Contract Procedure. The City Manager or his/her Designee may authorize the award of cooperative purchase agreements up to $25,000. City Council approval is required for the award of any cooperative purchase greater than or equal to $25,000.

The CALNET Contracts provide easy access to telecommunications and network services by enabling customers to order services using a simple form. This eliminates

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

Page 246 of 307 ends

Agenda Report - Page 2
the often costly and lengthy procurement process while sparing the customer agency the burden of managing a contract. Through the CALNET state contract, the City obtains a 36.57% discount, which takes the regular price of $1,852.54 and brings it to $1,175. Because the CALNET Agreement is month-to-month, Comcast will be waiving the $20,000 construction costs.

II. FISCAL IMPACTS:

Sufficient funding is available in the Fiscal Year 2021-22 Budget, Information Technology Fund, Special Department Expense, Account No. 7030-1050-2021. 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 goals number one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and improve public safety.

V. ALTERNATIVES:

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:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c):

Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, the Agreement will be routed for signatures.

Page 247 of 307 ends

Agenda Report - Page 3
Submitted & Approved by:

Lori Waterman, City Manager
Attachments:

1. Comcast - City of Atwater IPR Cat24 20220315

2. CALNET - City of Atwater NESPA

3. Comcast - City of Atwater ATO

Page 248 of 307 ends

Page 1 of 2 ends

CALNET INDIVIDUAL PRICE REDUCTION AGREEMENT (IPRA)
Submission Date: March 15, 2022
Contractor Name: Comcast Business Communications, LLC
CALNET STD 213
Agreement Number:

C4-DNCS-19-001-31
Customer/Entity
Name:

City of Atwater
IPR Type (Select one):
☒Standard IPR
☐Duration IPR Duration Term:
(The reduced pricing shall remain in effect after the IPR duration end date and shall continue through the Contract Term).

This Individual Price Reduction Agreement (IPRA) obligates the Contractor to provide the Customer rate reductions for CALNET services in accordance to the CALNET SOW Business Requirements Section, Individual Pricing Reductions (IPR). The service rate(s) for Standard or Duration shall become effective upon Customer approval of this IPRA. The reduced rates shall remain in effect through the term of the Contract and includes any State exercised Contract extension(s) or, upon Customer service cancellation, or additional rate reductions that occur in accordance to the Contract identified within this IPRA. Upon execution of this IPRA, the Contractor shall provide a copy of this signed document to California Department of Technology (CDT), CALNET Program at [email protected].

Description of
Contract Service(s)
(when applicable):

24.2.5.1.b – Internet Flat Rate Service (InFRa)
IPR Service rate(s): 24.2.5.1.b – Internet Flat Rate Service (InFRa) Feature Name Product
Identifier
Current
NRC
Proposed

IPR NRC
%
Discount
for NRC
Current
MRC
Proposed
IPR MRC*
%
Discount
for MRC
InFRa @
300Mbps
EDIEVC0300 $0.00 $0.00 0.00% $1,852.54 $1,175.00 36.57% DocuSign Envelope ID: BBA58791-3449-452B-84E0-2B3E71E3479D

Page 249 of 307 ends

Page 2 of 2 ends

Service address(es) where reduced rate(s) apply:

1. 1160 5th Street, Atwater, CA 95301
The undersigned Contractor and Customer/Entity, upon execution of this IPRA, certifies each has received, reviewed and concurs to the IPRA proposed rate(s) applicable to the Service(s) described herein above.

Comcast Business Communications, LLC City of Atwater
Signed: Signed:

Print
Name:

Title: Title:

Date
Signed:

DocuSign Envelope ID: BBA58791-3449-452B-84E0-2B3E71E3479D 3/15/2022
Vice President
David Cross

Page 250 of 307 ends

DocuSign Envelope ID: 87BB45BA-4E2F-4424-877A-A195A6510099 00264 PC 3-3-2022

Page 251 of 307 ends

DocuSign Envelope ID: E67D99D0-E21F-4221-B649-595B3FF6B876

Page 252 of 307 ends

DocuSign Envelope ID: E67D99D0-E21F-4221-B649-595B3FF6B876

Page 253 of 307 ends

DocuSign Envelope ID: E67D99D0-E21F-4221-B649-595B3FF6B876 David Cross

Page 254 of 307 ends

DocuSign Envelope ID: E67D99D0-E21F-4221-B649-595B3FF6B876 David Cross
Vice President
3/4/2022
Paula Caballero
3/4/2022
IT Associate

Page 255 of 307 ends

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1045

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING A MILITARY

EQUIPMENT USE POLICY AND ADDING SAID

POLICY TO THE ATWATER POLICE

DEPARTMENT POLICY MANUAL
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is found within Atwater Police Department General Order 710; and
WHEREAS, Atwater Police Department General Order 710 was published on the Atwater Police Department’s internet website on February 10, 2022 and the Atwater Police Department General Order 710 was presented to the City Council on March 14, 2022; and
WHEREAS, the Atwater Police Department General Order 710 meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

Page 256 of 307 ends

Ordinance No. CS 1045 Page 2
If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment or require modifications to the Policy in a manner to resolve the lack of compliance.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: Findings.

Based on the recitals above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in Atwater Police Department General Order 710 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Atwater Police Department General Order 710 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Atwater Police Department General Order 710 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use compiled with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Section 2: Policy No. 710 Added to Police Department Policy Manual.

Atwater Police Department Policy No. 710 is approved and adopted as an addition to the Atwater Police Department Policy Manual.

Section 3: Severability.

If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance be enforced.

Section 4: Not a CEQA Project.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,

Page 257 of 307 ends

Ordinance No. CS 1045 Page 3
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 5: Effective Date.

Within fifteen (15) days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

INTRODUCED: March 14, 2022
ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

Page 258 of 307 ends

Policy
710
Atwater Police Department
Atwater PD Policy Manual
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Page 259 of 307 ends

Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 2 710.2 POLICY
It is the policy of the Atwater Police Department that members of this department comply with the provisions of Government Code § 7070-7075 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Atwater Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

SEMI AUTO RIFLES CA Gov't Code §7070(c)(10): Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, Quantity, capabilities

1. AR-15 Patrol Rifle, Semi-Automatic, Caliber 5.56. To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible in accordance with department policy, state and federal statute. (a) Authorized Users: Only members that have completed the POST certified patrol rifle class are authorized to use a rifle.
(b) Quantity; 36

Page 260 of 307 ends

Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 3 (c) Ammunition: 15000 rounds
SELECT FIRE RIFLES CA Gov't Code §7070(c)(10): Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Description, Quantity, capabilities

1. M4 Rifle, Select Fire, Caliber 5.56. To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible in accordance with department policy, state and federal statute. (a) Authorized Users: Only members that have completed the POST certified patrol rifle class and are assigned the Merced County SWAT team are authorized to use the rifle.
(b) Quantity: 1
(c) Ammumtion: See Above
40MM SINGLE SHOT LAUNCHER CA Gov't Code §7070(c)(14): The 40MM Single Launcher is a tactical single shot launcher that will fire standard 40mm less lethal ammunition or deploy chemical agents.

1. Quantity: 1

2. Authorized Users: Only members that have completed in service training and POST training are authorized to use a 40mm Single Shot Launcher. 37MM SINGLE SHOT LAUNCHER CA Gov't Code §7070(c)(14): The 37MM Single Launcher is a tactical single shot launcher that will fire standard 37mm less lethal ammunition or deploy chemical agents.

1. Quantity: 1 (inoperable)

2. Authorized Users: Only members that have completed in service training and POST training are authorized to use a 37mm Single Shot Launcher.

SEMI AUTO TRAINING RIFLES CA Gov't Code §7070(c)(10): The Department possess several AK47/SKS style rifles for the purposes of weapon safety and familiarization.

1. Quantity: 2

2. Authorized Users: Range and armorer staff to provide officer safety and evidence safety training to line staff.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 50% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.

Page 261 of 307 ends

Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 4 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Although Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy, It is the policy of the Atwater Police Department to allow law enforcement agencies providing mutual aid or operating within the jurisdiction of the Atwater Police Department to use military equipment authorized by compliant Government Code 7071 compliant ordinances and agency policies from their home jurisdictions. Goverment Code 7071 (D) 710.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.

If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

Page 262 of 307 ends

Atwater Police Department
Atwater PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/07, All Rights Reserved.

Published with permission by Atwater Police Department ***DRAFT*** Military Equipment - 5 • If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
• Include the Military Equipment in the Police Department’s next annual Military Equipment Report.
710.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.10 COMPLAINT PROCEDURE
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: (209) 357-6298
(c) Via mail sent to: Atwater Police Department Attn: Military Equipment Use Coordinator 750 Bellevue Rd. Atwater, CA 95301.

The Atwater Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

Page 263 of 307 ends

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1047

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER AMENDING SECTION 8.16,
“SOLID WASTE, RECYCLABLES, AND ORGANIC
WASTE COLLECTION” OF TITLE 8, “HEALTH
AND SAFETY” OF THE ATWATER MUNICIPAL
CODE
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recover (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (SB 1383 Regulations); and
WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and requires the City of Atwater to adopt an ordinance to enforce the SB 1383 Regulations by said date; and WHEREAS, the City Council desires to amend its Solid Waste, Recyclables, and Organic Waste Collection Ordinance to comply with the SB 1383 Regulations.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: Chapter 8.16 is hereby amended in its entirety as set forth in EXHIBIT “A,” incorporated by this reference.

Section 2: Environmental review is not required because adoption of this Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 (b)(5) (organization or administrative activities of governments not a project).

Page 264 of 307 ends

Ordinance No. CS 1047 Page 2
Section 3: If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

Section 4: No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Atwater, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published, and circulated in the City in accordance with Government Code section 36933.

SECTION 5: This Ordinance shall take effect and be in full force 30 days after its adoption.

INTRODUCED: March 14, 2022
ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

Page 265 of 307 ends

Ordinance No. CS 1047 Page 3

EXHIBIT A
Chapter 8.16

SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE COLLECTION

8.16.010 - Purpose.

8.16.020 - Definitions.

8.16.030 - Right to exclusive contract.

8.16.040 - Unlawful deposits on public rights-of-way.

8.16.050 - Unlawful deposits on vacant lots or parcels of land.

8.16.060 - Bin specifications.

8.16.070 - Nonapproved Containers unacceptable for
collection.

8.16.080 - Location of Containers.

8.16.090 - Contents of Containers.

8.16.100 - Frequency of pickup—General.

8.16.110 - Frequency of pickup—Residential.

8.16.120 - Frequency of pickup—Commercial, industrial,
or institutional.

8.16.130 - Common collection point.

8.16.140 - Initiation or change of service.

8.16.150 - Volume of regular service, weekly.

8.16.160 - Non-scheduled pickup.

8.16.170 - Dead animal pickup.

8.16.180 - Disposal of uncontained yard and garden
trimmings.

8.16.190 - Removal of sod, concrete, and extra-large
items.

8.16.200 - Collection and disposal of dangerous
materials.

8.16.210 - Discontinuation of service—Residential.

8.16.220 - Discontinuation of service—Bins.

8.16.230 - Fees for service.

8.16.240 - Billing and payment.

8.16.250 - Scavenging.

8.16.260 - Requirements for Single-Family Generators.

8.16.270 - Requirements for Commercial Businesses.

8.16.280 - Waivers for Generators.

8.16.290 - Requirements for Commercial Edible Food
Generators.

8.16.300 - Requirements for Food Recovery
Organizations and Services.

8.16.310 - Requirements for Haulers and Facility
Operators.

8.16.320 - Self-Hauler Requirements.

Page 266 of 307 ends

Ordinance No. CS 1047 Page 4

8.16.330 - Inspections and Investigations.

8.16.340 - Violations.

Page 267 of 307 ends

Ordinance No. CS 1047 Page 5

8.16.010 -- Purpose.

In order to provide for the control of accumulation, Collection, and disposal of Solid Waste, Recyclable Materials, and
Organic Waste within the City, the City does hereby provide for the Collection of such waste upon the schedules, terms, and conditions set forth in this chapter. The City has
determined that in order to promote the public health, safety, and welfare, the Collection and disposal of such waste shall be conducted exclusively by the City and/or its duly
designated representatives. Removal of Solid Waste,
Recyclable Materials, or Organic Waste by Persons other than those designated by the City or otherwise exempted is prohibited.

8.16.020 -- Definitions.

As used in this chapter:

A. “Act” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

B. "Bin" means a metal Container having a capacity of one, three, four, five, six, or eight cubic yards which has been manufactured in such a way that it can be mechanically lifted and unloaded by metal prongs of a standard front-end loading packer refuse truck.

C. “Black Container” has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of Black Container Waste.

D. “Black Container Waste” means all Solid Waste that is collected in a Black Container that is part of a two- or three-Container Solid Waste Collection service and is not suitable for placement in a Green Container or, for a Commercial Business, a Blue Container.

E. “Blue Container” has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials by Commercial Generators.

F. “California Code of Regulations” or “CCR” means the California Code of Regulations.

G. “CalRecycle” means the California Department of Resources Recycling and Recovery.

Page 268 of 307 ends

Ordinance No. CS 1047 Page 6
H. “Cart” means a two-wheeled Container with a lid used to hold Solid Waste, Recyclables, or Organic Waste that is provided by the City's Collector and designed to be automatically emptied by the operator of a waste Collection vehicle.

I. “City” means the City of Atwater, California.

J. “City Council” means the City Council of Atwater, California.

K. “Collection” means the act of collecting Solid Waste, including Recyclable Materials and Organic Waste, at or near the place of generation by a Collector who has made arrangements with the Generator for the Collection of the Solid Waste, Recyclable Materials, and Organic Waste.

L. “Collector” means a Person, Persons, local agency, firm, corporation, or other entity contracted, franchised, authorized, permitted, or licensed by the City to make arrangements with Generators for the Collection of Solid Waste, Recyclable Material, and Organic Waste within the City.

M. “Commercial” or “Commercial Business” means a business, industrial, or commercial establishment, or construction site, and any Multi-Family Residential Dwelling with five (5) units or more on one (1) account.

N. “Commercial Bins” means Bins provided by a Collector, designed for the deposit of Solid Waste, including Recyclable Materials and Organic Waste, charged at Commercial rates.

O. “Commercial Premises” means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials and Organic Waste, is generated or accumulated. The term “commercial premises” includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing or assembling shops or plants; hospitals; clinics; and nursing homes.

P. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

Q. “Compliance Review” means a review of records by the City to determine compliance with this chapter.

Page 269 of 307 ends

Ordinance No. CS 1047 Page 7
R. “Container” means any Bin, cart, vessel, can, or receptacle used for collecting Solid Waste, Recyclable Materials, and Organic Waste, for removal by an authorized Collector.

S. “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

T. “County” means Merced County.

U. “Designated Recycling Collection Location” means the place designated by the Collector for the collection of Recyclables. This location may be, but the City does not require that it be, at the curbside of a Residential neighborhood or the service alley of a Commercial enterprise.

V. “Designated Source Separated Organic Waste Facility” means a Solid Waste facility that accepts a Source Separated Organic Waste Collection stream, or as otherwise defined in 14 CCR § 18982(a)(14.5).

W. “Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “Dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

X. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). Edible Food is not Solid Waste if it is recovered and not discarded.

Y. “Enforcement Action” means an action of the City to address noncompliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Z. “Enforcement Officer” means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

AA. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

BB. “Food Recovery Organization” means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery, either directly or through other entities or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:

Page 270 of 307 ends

Ordinance No. CS 1047 Page 8

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

CC. “Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR § 18982(a)(26).

DD. “Food Waste” means food scraps separated from Solid Waste and offered for Collection by Collector, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs; and (ii) paper waste contaminated with food waste.

EE. “Generator” means any Person or other entity who is responsible for the initial creation of Solid Waste.

FF. “Green Container” has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Green Waste and, after a Designated Source Separated Organic Waste Facility is constructed by the County and is operational, shall be used for the purpose of storage and Collection of Source Separated Green Container Organic Waste generally.

GG. “Green Waste” means any Organic Waste generated from any landscape, including but not limited to, grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches, and brush collected pursuant to this chapter.

HH. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

II. “Hazardous Waste” means any waste, substance, or mixture of wastes defined as a “hazardous substance” or “hazardous waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the California Health and Safety

Page 271 of 307 ends

Ordinance No. CS 1047 Page 9
Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.

JJ. “Inspection” means a site visit where the City reviews records, Containers, and an entity’s Collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

KK. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

LL. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

MM. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR § 18982(a)(40).

NN. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to Residential Premises with five (5) or more Dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

OO. “Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

Page 272 of 307 ends

Ordinance No. CS 1047 Page 10
PP. “Organics,” “Organic Waste,” and “Organic Material” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, Food Waste, Green Waste, non-Hazardous wood waste, and unwaxed, food-soiled paper.

QQ. “Organic Waste Generator” means a Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR § 18982(a)(48).

RR. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR § 18982(a)(51).

SS. "Patron" means a Generator that uses the services of Collection and disposal of Solid Waste, Recyclable Materials, and/or Organic Waste by the City or its Collector.

TT. “Person” or “Persons” means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

UU. “Place” or “Premises” means every Dwelling house; Dwelling unit; apartment house or multiple Dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the City or any other site upon which Solid Waste is produced or accumulates.

VV. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).

WW. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in a Green Container that are not identified as acceptable Source Separated Green Waste for the City’s Green Container; (iii) after the construction and operation of a Designated Source Separated Organic Waste Facility, discarded materials placed in a Green Container that are not identified as acceptable Source Separated Organic Materials for the City’s Green Container; (iv) discarded materials placed in the Black Container by a Commercial Business that are acceptable Source Separated

Page 273 of 307 ends

Ordinance No. CS 1047 Page 11
Recyclable Materials for the City’s Blue Container; (v) discarded materials placed in the Black Container that are acceptable Source Separated Green Waste for the City’s Green Container; (vi) after the construction and operation of a Designated Source Separated Organic Waste Facility, discarded materials placed in the Black Container that are acceptable Source Separated Organic Materials for the City’s Green Container; and (vii) non-Solid Waste items placed in any Container.

XX. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

YY. “Recovery” means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

ZZ. “Recyclable Materials” or “Recyclables” means material such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics, which is separated from other waste or refuse for the purpose of recycling.

AAA. “Residential” means any residential Dwelling or apartment house.

BBB. “Residential Patron, Single” means a Patron requiring Solid Waste service for a Single-Family Residential property, including also churches and fraternal organizations.

CCC. “Residential Patron, Multiple” means a Patron requiring Solid Waste service for two or more adjacent family residences under common or joint ownership.

DDD. “Route Review” means a visual Inspection of Containers along a hauler route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

EEE. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016).

FFF. “SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

GGG. “Self-Hauler” means a Generator, who hauls his or her own Solid Waste, Organic Waste, or Recyclable Materials to another Person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-hauling is the process of generating and transporting

Page 274 of 307 ends

Ordinance No. CS 1047 Page 12
organic waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).

HHH. “Single-Family” means of, from, or pertaining to any Residential Premises with fewer than five (5) units.

III. “Solid Waste” means putrescible and non-putrescible Solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded Solid and semisolid wastes. Solid Waste does not include radioactive waste, medical waste, or other Hazardous Waste.

JJJ. “Solid Waste Management Facility” means a facility where Solid Waste is sorted, processed, treated, or transferred.

KKK. “Source Separated” or “Source Separation” means the process of removing Recyclable Materials, Green Waste, or Organic Waste from other Solid Waste at the place of generation, prior to Collection, and placing them into separate Containers that are separately designated for Recyclable Materials, Green Waste, or Organic Waste, respectively.

LLL. “Source Separated Blue Container Waste” means Source Separated Recyclable Materials that can be placed in a Commercial Blue Container that is limited to the collection of those Recyclable Materials.

MMM. “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding Source Separated Blue Container Waste, carpets, non-compostable paper, and textiles.

NNN. “State” means the State of California.

OOO. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

PPP. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following:

Page 275 of 307 ends

Ordinance No. CS 1047 Page 13

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale Food Vendor.

QQQ. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one or more of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds.

4. Large venue.

5. Large event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A local education agency facility with an on-site food facility.

RRR. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where Edible Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).

8.16.030 -- Right to exclusive contract.

The City reserves the right to make, on behalf of the City, an exclusive Solid Waste, Recyclables, and Organic Waste Collection contract with any Person or firm.

8.16.040 -- Unlawful deposits on public rights-of-way.

It is unlawful for any Person or Persons to deposit or cause to be deposited in any street, alley, gutter, drainage ditch, storm water inlet, or catch basin within the City any Solid Waste, Recyclable Materials, or Organic Waste.

Page 276 of 307 ends

Ordinance No. CS 1047 Page 14

8.16.050 -- Unlawful deposits on vacant lots or parcels of land.

It is unlawful for any Person or Persons to deposit any Solid Waste, Recyclable Materials, or Organic Waste in or on any vacant lot or parcel of land within the City.

8.16.060 -- Bin specifications.

All Bins shall have permanently attached, hinged covers that open by gravity when the Bin is inverted for unloading and close by gravity in the process of returning the Bin to the ground after unloading. All Bins shall have wheels and be kept clean and in good working condition. Any Bin that does not meet these standards, as determined by the City Manager or his or her designee, shall be replaced by rental Bins to be provided by Collector.

8.16.070 -- Nonapproved Containers unacceptable for collection.

All Containers which do not specifically meet the requirements of this chapter shall be unacceptable for presentation of Solid Waste, Recyclable Materials, Green Waste, and/or Organic Waste for Collection.

8.16.080 -- Location of Containers.

A. Bins. All Bins shall be located upon the Patron’s property at a place where the refuse packer can approach the Bin, unload it, and return it to its location without the driver leaving the vehicle. Each separate location of Bins shall be approved by the City Manager or designee.

B. Carts.

1. Backyard Pickup. Backyard pickup availability shall be limited to households that contain at least one person 65 years of age or older, or one handicapped individual. Backyard pickup must be requested, and the determination of eligibility shall made by the City Manager or designee. Patrons who have been approved for backyard pickup shall locate all Carts together within an area which is outside of all structures and accessible through no more than one unlocked, adequately hinged and latched gate. This location shall be within 15 feet of that gate. Patrons shall not permit or cause pets to have access to the Cart location during regular Collection periods. Cart locations shall be free of all obstacles that may interfere with free ingress and egress or that may impair removal of Carts.

2. Curb Pickup. Patrons shall present their Carts for Collection on the regular pickup day established by the City Manager or designee at the curb with the proper interval and orientation for automated collection. The Carts must be presented for collection before 6:00

Page 277 of 307 ends

Ordinance No. CS 1047 Page 15
a.m. and returned to their normal location, off of the public right-ofway, by 10:00 p.m. by the Patron on the regular collection day.

8.16.090 -- Contents of Containers.

All material presented for Collection by a Generator shall be Source Separated into its proper Container. Container Contamination by any Person or entity is strictly prohibited.

8.16.100 -- Frequency of pickup—General.

A. The City Manager or designee is authorized to designate at his or her discretion the weekly number of Collection pickups required for each service account.

B. The City Manager or designee is authorized to designate the day for the Collection of Solid Waste, Recyclable Materials, and Organic Waste in certain areas of the City.

C. Notice of scheduled Collection days, and notice of any change in Collection days, shall be published in the official newspaper of the City. The effective date of any such change shall be no earlier than one week following such publication.

8.16.110 -- Frequency of pickup—Residential.

Solid Waste, Recyclables, and Organic Waste Collection services shall be provided each Residential Patron, a minimum of once per week on a day approved by the City Manager or designee. Any requests for service on any day other than the approved day, or for additional pickups on a regularly scheduled day, shall be charged for special service.

8.16.120 -- Frequency of pickup—Commercial, industrial, or institutional.

Solid Waste, Recyclables, and Organic Waste Collection shall be provided as requested by the Patron to assure adequate Collection and disposal of Solid Waste, Recyclable Materials, and Organic Waste generated by the Patron, with a minimum service of once per week. If Bins are not used, the day of pickup shall be approved by the City Manager or his or her designee to coincide with Collection routes for adjacent properties. If Bins are used with once-a-week pickup requested by the Patron, the day of pickup shall be approved by the City Manager or designee. If pickups are requested more often than once per week, the days of Collection may be chosen by the Patron from regular week work days.

Page 278 of 307 ends

Ordinance No. CS 1047 Page 16

8.16.130 -- Common collection point.

Residential Patrons may select a common Collection point for approved Containers serving two or more adjacent dwellings.

Commercial, industrial, or institutional Patrons in the same vicinity may agree among themselves and jointly use a
common Collection point.

8.16.140 -- Initiation or change of service.

A. Solid Waste, Recyclables, and Organic Waste Collection services shall be provided to Patrons within the City limits only upon written request therefore at City Hall. Once service is started, changes in that service may be required by the City Manager or designee in order to properly collect all refuse produced by the Patron or by the Patron wherever a change is desired.

Changes requested by the Patron may be requested only at six-month intervals, such a change to be effective commencing on the next July 1st or January 1st. Each Patron, by requesting service or a change in service, thereby consents to be bound by the regulations prescribed or authorized by this chapter and all subsequent amendments and authorized supplementary regulations.

B. Use of Bins may be requested only by a Patron who will be billed in the name of the owner of the property where the Bins will be located.

C. All Multi-Family Residential Patrons requesting service shall apply in the name of the owner of the property where the Containers will be located unless a separate water turn off valve is provided by the owner for each Dwelling unit, in which case the Patron of each Dwelling unit may apply.

8.16.150 -- Volume of regular service, weekly.

A. Refuse—Single Residential Patron. The regular volume shall be one 96- gallon Cart. A smaller 64-gallon Cart may be substituted at the Patron's request. Additional Carts may be requested, at additional cost.

B. Refuse—Multi-Family Residential Patron. Whenever Bins are requested, a minimum of one cubic yard per week for each two Dwelling units shall be provided, at the discretion of the City Manager or designee.

C. Refuse—Commercial, Industrial, or Institutional Patron. Whenever Bins are requested, refuse collection service shall be provided for the Bin size and frequency of pickup requested up to five times per week on regular work days.

Page 279 of 307 ends

Ordinance No. CS 1047 Page 17
D. Greenwaste B Residential. When required by City Council Resolution, the required volume for residential Patrons shall be one 96-gallon Cart for each Single-Family Residence.

E. Recycling B Residential. When required by City Council Resolution, the required volume for residential Patrons shall be one 64-gallon Cart for each Single-Family Residence.

8.16.160 -- Non-scheduled pickup.

Patrons desiring Solid Waste, Recyclables, and Organic Waste collection on days other than the normally scheduled pickup days shall notify the City Manager or his or her designee at least 24 hours in advance of the desired date and such pickup shall be accomplished within a reasonable limit of the desired date. There will an additional charge for this service.

8.16.170 -- Dead animal pickup.

Whenever any horse, cow, dog, cat, or any other animal dies within this City, the owner or person in whose possession the same may be at the time of its death shall within four hours of its death either dispose of its carcass in such a manner that the same shall not become a nuisance, or upon its death notify the Community Service Officer to remove the same. Cost of removal by the City shall be paid by the owner of the animal or the person in whose possession the animal was at the time of its death.

8.16.180 -- Disposal of uncontained yard and garden trimmings.

Uncontained Green Waste (including but not limited to yard and garden trimmings) on or around a property or premises shall be the responsibility of the property owner and/or occupant. In the event the property owner or occupant does not timely remove and dispose of the Green Waste, the City shall remove the uncontained items and bill the property owner on whose property the uncontained items are located. In the event the items are located on or near a mutual property line, the cost of removal shall be billed equally between the two property owners.

8.16.190 -- Removal of sod, concrete, and extra-large items.

Sod, concrete, earth, tree trunks, and other items too large or heavy to be handled in the regular course of collection shall be removed on special request to the City Manager or his or her designee. A special pickup charge therefore shall be collected.

8.16.200 -- Collection and disposal of dangerous materials.

A. Explosives, combustibles, insecticides, or other poisonous materials, fuels, chemicals, or any other objects or materials which might be hazardous to

Page 280 of 307 ends

Ordinance No. CS 1047 Page 18
the safety of those handling or coming in contact with the refuse in which it is contained shall not be deposited in Containers for regular collection.

B. Such materials or objects shall be disposed of at Household Hazardous Waste collection events scheduled by the County.

8.16.210 -- Discontinuation of service—Residential.

In the event a residence is vacated and not occupied for a continuous specified period in excess of one month, temporary discontinuation may be permitted in the discretion of the City at the request of the Patron. The water service to the residence must also be discontinued during the same period. Where a separate water turnoff for a vacated Dwelling unit of a multiple Dwelling complex does not exist, temporary discontinuation of service and billing will not be allowed.

8.16.220 -- Discontinuation of service—Bins.

Discontinuation of Bin service will not be allowed unless in the event of the serviced Commercial Businesses’ permanent closure or all serviced Residences are vacated.

8.16.230 -- Fees for service.

The City Council shall determine fees or rates to be collected for the various types of service. These fees or rates shall be adopted by resolution. Refunds and reduction in charges shall also be determined by resolution of the City Council.

8.16.240 -- Billing and payment.

City Solid Waste, Recyclables, and Organic Waste Collection Patrons will be billed at such intervals as may be determined by the City Manager or his or her designee. City Solid Waste, Recyclables, and Organic Waste Collection bills will be due and payable upon presentation. If monthly meter bills are not paid by the 25th of the first month of the billing period, the service shall be subject to discontinuance after notice to user.

8.16.250 -- Scavenging.

Scavenging, or taking any part, or all, of the contents of Containers that are placed out for Collection, by any person other than the Generator or Collector, shall not be permitted.

8.16.260 -- Requirements for Single-Family Generators.

A. Prior to the construction and operation by County of a Designated Source Separated Organic Waste Facility, Single-Family Generators shall comply with the following requirements:

Page 281 of 307 ends

Ordinance No. CS 1047 Page 19

1. Subscribe to the City’s two-Container Residential Collection services. The City shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service for proper separation and containment of materials; and Single-Family Generators shall adjust their service level for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential composting, and/or using a Community Composting site.

2. Participate in the City’s two-Container Residential Collection services by placing Source Separated Green Waste into the Green Container and all other Solid Waste into the Black Container.

B. Only after a Designated Source Separated Organic Waste Facility has been constructed by County and is operational, shall Single-Family Generators comply with the following requirements:

2. Participate in the City’s two-Container Residential Collection services by placing Source Separated Organic Waste, including but not limited to Green Waste, into the Green Container and all other Solid Waste into the Black Container.

8.16.270 -- Requirements for Commercial Businesses.

A. Prior to the construction and operation of a Designated Source Separated Organic Waste Facility by County, Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:

1. Subscribe to the City’s three-Container Commercial Collection services and comply with the requirements of those services as described below in Section 8.16.270(A)(2). The City shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service for proper separation and containment of materials; and Commercial

Page 282 of 307 ends

Ordinance No. CS 1047 Page 20
Businesses shall adjust their service level for their Collection services as requested by the City.

2. Participate in the City’s three-Container Commercial Collection services by placing Source Separated Green Waste in the Green Container; Source Separated Recyclable Materials in the Blue Container; and all other Solid Waste in the Black Container.

3. Supply and allow access to an adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Section 8.16.270(A)(4)) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Black Container Commercial Collection service or, if Self-Hauling, per the Commercial Business’s instructions to support its compliance with its SelfHaul program, in accordance with Section 8.16.320.

4. Excluding Multi-Family Residential Dwellings, provide Containers for the Collection of Source Separated Green Container Green Waste in all indoor and outdoor areas where disposal Containers are otherwise provided for customers for materials generated by that Commercial Business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide Containers dedicated for that kind of waste in areas where disposal Containers are otherwise provided for customer use. Pursuant to 14 CCR § 18984.9(b), the Containers provided by the Commercial Business shall have either:
a. A body or lid that conforms with the Container colors provided through the Collection service provided by City, with either lids conforming to the color requirements, bodies conforming to the color requirements, or both bodies and lids conforming to the color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in that Container. Pursuant to 14 CCR § 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

Page 283 of 307 ends

Ordinance No. CS 1047 Page 21

5. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section

8.16.270(A)(4) pursuant to 14 CCR § 18984.9(b).

7. Excluding Multi-Family Residential Dwellings, periodically inspect Containers for Contamination and inform employees if Containers are Contaminated and of the requirements to keep Contaminants out of those Containers pursuant to 14 CCR § 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Green Waste.

9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Green Waste separate from Black Container Waste (when applicable), and the location of Containers and the rules governing their use at each Property.

10. Provide or arrange access for the City or its agent to their Properties during all Inspections conducted in accordance with Section 8.16.330 to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in Section 8.16.320.

12. Nothing in this section prohibits a Generator from preventing or reducing Organic Waste generation, managing Organic Waste on-site, or using a Community Composting site.

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.16.290.

B. Only after a Designated Source Separated Organic Waste Facility has been constructed by County and is operational, shall Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, comply with the following requirements:

1. Subscribe to the City’s three-Container Commercial Collection services and comply with the requirements of those services as described below in

Page 284 of 307 ends

Ordinance No. CS 1047 Page 22
Section 8.16.270(B)(2). The City shall have the right to review the number and size of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service for proper separation and containment of materials; and Commercial Businesses shall adjust their service level for their Collection services as requested by the City.

2. Participate in the City’s three-Container Commercial Collection services by placing Source Separated Organic Waste, including but not limited to Green Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and all other Solid Waste in the Black Container.

3. Supply and allow access to an adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Section 8.16.270(B)(4)) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Black Container Commercial Collection service or, if Self-Hauling, per the Commercial Business’s instructions to support its compliance with its SelfHaul program, in accordance with Section 8.16.320.

4. Excluding Multi-Family Residential Dwellings, provide Containers for the Collection of Source Separated Green Container Green Waste in all indoor and outdoor areas where disposal Containers are otherwise provided for customers for materials generated by that Commercial Business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide Containers dedicated for that kind of waste in areas where disposal Containers are otherwise provided for customer use. Pursuant to 14 CCR § 18984.9(b), the Containers provided by the Commercial Business shall have either:
a. A body or lid that conforms with the Container colors provided through the Collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or

Page 285 of 307 ends

Ordinance No. CS 1047 Page 23
graphic images that indicate the primary materials accepted and primary materials prohibited in that Container. Pursuant to 14 CCR § 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

5. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section

8.16.270(B)(4) pursuant to 14 CCR § 18984.9(b).

6. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials in accordance with Section 8.16.270(B)(2), or if recycling Organics on-site or Self-Hauling under Section 8.16.320 per the Commercial Business’s instructions to support its compliance with its onsite Recycling or Self-Haul Program.

8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste.

9. Provide education information before or within fourteen (14) days of occupation of the Premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste separate from Black Container Waste (when applicable), and the location of Containers and the rules governing their use at each Property.

10. Provide or arrange access for the City or its agent to their Properties during all sections conducted in accordance with Section 8.16.330 to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in Section 8.16.320.

12. Nothing in this section prohibits a Generator from preventing or reducing Organic Waste generation, managing Organic Waste on-site, or using a Community Composting site.

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.16.290.

Page 286 of 307 ends

Ordinance No. CS 1047 Page 24

8.16.280 -- Waivers for Generators.

A. De Minimis Waivers. The City may waive a Commercial Business’s obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.16.280(A)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application form specifying the services from which they are requesting a waiver, and provide documentation as noted in Section

8.16.280(A)(2) below.

2. Provide documentation that either:
a. The Commercial Business’s total Solid Waste Collection service is two (2) cubic yards or more per week and Organic Waste subject to Collection in a Blue Container or Green Container comprises less than twenty (20) gallons per week per applicable Container of that business’s total waste; or
b. The Commercial Business’s total Solid Waste Collection service is less than two (2) cubic yards per week and Organic Waste subject to Collection in a Blue Container or Green Container comprises less than ten (10) gallons per week per applicable Container of the business’s total waste.

3. Notify City if any circumstances change such that Commercial Business’s Organic Waste exceeds the threshold required for the de minimis waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for the de minimis waiver every five (5) years.

B. Physical Space Waivers. The City may waive a Commercial Business’s or Property owner’s obligations (including those of Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Organic Waste Collection service requirements if the City has evidence from its own staff, a Hauler, a licensed architect, or a licensed engineer demonstrating that the Premises lacks adequate space for the Collection Containers otherwise required for compliance with the Organic Waste Collection requirements. A Commercial Business or Property owner may request and maintain a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services from which they are requesting a compliance waiver;

Page 287 of 307 ends

Ordinance No. CS 1047 Page 25

2. Provide documentation that the Premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from applicant’s hauler, licensed architect, or licensed engineer; and

3. Provide written verification to the City that it remains eligible for the physical space waiver every five (5) years thereafter.

C. Additional Waivers. The City may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The Public Works Director or his or her designee shall be responsible for determining the grounds for such an additional waiver, its scope, and appropriate administration.

D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the Public Works Director or his or her designee.

8.16.290 -- Requirements for Commercial Edible Food Generators.

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

2. Allow the City’s designated Enforcement entity or designated third party Enforcement entity to access the Premises and to review records pursuant to 14 CCR § 18991.4.

3. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:
a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(B).

Page 288 of 307 ends

Ordinance No. CS 1047 Page 26
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of Edible Food that will be collected by, or Selfhauled to, the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Edible Food will be collected or Self-hauled.
iv. The quantity of Edible Food, measured in pounds recovered per month, collected or Self-hauled to a Food Recovery
Service or Food Recovery Organization for purposes of Food Recovery.
d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.

8.16.300 -- Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement

Page 289 of 307 ends

Ordinance No. CS 1047 Page 27
established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Organization receives Edible Food.

2. The quantity in pounds of Edible Food collected form each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service from which the Organization receives Edible Food for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR § 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR § 18991.3(b).

D. Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators.

8.16.310 -- Requirements for Haulers and Facility Operators.

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a Solid Waste franchise, permit, or other authorization with the City to collect Organic Waste:
a. Through written notice to the City annually, on or before June 1, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.
b. Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and mixed waste to a facility, operation, activity, or Property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

Page 290 of 307 ends

Ordinance No. CS 1047 Page 28
c. Obtain approval form the City to haul Organic Waste, unless transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition debris.

2. Haulers authorized to collect Organic Waste shall comply with education, equipment, signage, Container-labeling, Container color, Contamination monitoring, reporting, and other requirements as specified by their respective permits or other agreements entered into with the City.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the City shall respond in writing within sixty (60) days.

2. Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste handled or anticipated to be handled at the Community Composting operating. Entities contacted by the City shall respond in writing within sixty (60) days.

8.16.320 -- Self-Hauler Requirements.

A. Self-Haulers shall Source Separate all Recyclable Materials generated on-site and, after the construction by County of a Designated Source Separated Organic Waste Facility, all Organic Waste generated on-site from other Solid Waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials, and after the County constructs and operates a Designated Source Separated Organic Waste Facility, shall haul their Source Separated Organic Waste to that Designated Source Separated Organic Waste Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or Property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

Page 291 of 307 ends

Ordinance No. CS 1047 Page 29

1. Deliver receipts and weight tickets form the entity accepting the waste;

2. The amount of material in cubic yards or tons transported by the Generator to each entity; and

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of the material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected in Section 8.16.320(C) to the City if requested.

E. A Residential Organic Waste Generator that Self-hauls Organic Waste is not required to record information as otherwise required by Section 8.16.320(C) or report information as otherwise required by Section 8.16.320(D).

8.16.330 -- Inspections and Investigations.

A. City representatives and/or its designated entity, including designees, are authorized to conduct Inspections an investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, or disposal facilities for materials collected from Generators, or Source Separated materials, to confirm compliance with this chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), Property owners, Commercial Edible Food Generators, Self-Haulers, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

This section does not allow the City to enter the interior of a private Residential property for Inspection.

B. The regulated entity shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City’s employee or its designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (i) access to an entity’s Premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.340.

C. Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code § 6520 et seq.

Page 292 of 307 ends

Ordinance No. CS 1047 Page 30
D. City representatives or its designees are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Collectors shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.

8.16.340 -- Violations.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer.

Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The procedures set forth in Chapter 1.12 of Title 1 of the Atwater Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty amounts for types of violations this chapter are as set forth in Section

1.01.110.

D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Sections 1.12.010 to 1.12.030.

E. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews, waste evaluations, and compliance reviews, depending on the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

F. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One

Page 293 of 307 ends

Ordinance No. CS 1047 Page 31
Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.

G. This chapter shall be interpreted to be consistent with the City’s regulatory authority, and shall only apply to location education agencies and other entities to the extent permitted by law, including SB 1383 Regulations.

Page 294 of 307 ends

CITY COUNCIL

AGENDA REPORT

MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Frank Splendorio, City Attorney
PREPARED BY: Frank Splendorio, City Attorney
SUBJECT: Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21601 and Ordinance Amendment Adjusting Council District
Boundaries (City Attorney Splendorio)

RECOMMENDED COUNCIL ACTION
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 proposed ordinance; and
Close the public hearing; and
Motion to waive the first reading (by title only) and introduce an Ordinance entitled, An Ordinance of the City Council of the City of Atwater, California Amending Section

2.10.020(E) of the Atwater Municipal Code to Adjust the Boundaries of City Council Election Districts and to Confirm Such Revised Council District Boundaries; or Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

Every 10 years, following the decennial census, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the City of Atwater must be completed by April 17, 2022.

ANALYSIS:

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

Page 295 of 307 ends

Agenda Report - Page 2
The City adopted its current district boundaries in 2017, based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Be geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Display easily identifiable boundaries

5. Be compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024

2. Respect voters’ choices/continuity in office

3. Future population growth
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
• At least one hearing must occur before the city or county draws draft maps • At least two hearings must happen after the drawing of draft maps The fourth hearing can happen either before or after the drawing of draft maps • City or county staff or consultants may hold a public workshop instead of one of the required public redistricting hearings
The City held its first public hearing on February 14, 2022 and its second public hearing on February 28, 2022. The third public hearing, held March 14, 2022, presented two draft maps for Council’s consideration. At the hearing of March 14, 2022, the City Council selected Map Option 1 as its preferred map, and directed staff to bring back the Ordinance approving the final map selection for Introduction at the fourth public hearing.

The purpose of this public hearing is to allow the public to comment on the redistricting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. In addition, the public and Council is requested to comment on the proposed map option..

Draft Map Options

Page 296 of 307 ends

Agenda Report - Page 3
As mentioned above, the City’s redistricting consultant prepared two draft map options for the Council’s consideration. The maps are summarized below, with images and complete demographic information attached to this report (Attachment 1). Further an online tool for viewing the maps, with complete zoom, search, and other geolocation features enabled, may be found at the below link.
https://www.google.com/maps/d/viewer?mid=1hgvLXOW_Y6lyqgCuGwI_pmlppzriXeGE &ll=37.35215716453416%2C-120.61027467932921&z=13
Map Option 1
Option 1 is population balanced with a deviation of 6.43%, down from the current deviation of 11.64%. It creates compact, contiguous voting districts that respect communities of interest and uses natural boundary lines such as major streets and geographic features. A complete demographic analysis of Option 1 is attached to this report.

Map Option 2
Option 2 is also population balanced, with a total deviation of 3.18. It creates compact, contiguous districts, albeit with slightly less compactness than Option 1. A complete demographic analysis of Option 2 is attached to this report.

II. FISCAL IMPACTS:

There is no fiscal impact associated with the recommended action. 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:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A

Page 297 of 307 ends

Agenda Report - Page 4
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 considered a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3) and 15061(b)(3) of the State CEQA Guidelines. This item will not result in a direct or foreseeable indirect physical change in the environment as it does not authorize the construction of any new structures or other physical changes to the environment.

IX. STEPS FOLLOWING APPROVAL:

As this is the fourth of four required public hearings, should the City Council finalize its selection of Map Option 1 and introduce the attached Ordinance, the second reading will take place on April 11, 2022. The deadline for Atwater to complete the redistricting process is April 17, 2022. The ordinance requires two readings, but will become effective immediately upon adoption at the April 11, 2022 City Council meeting.

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

Lori Waterman, City Manager
Attachments:

1. Draft Map Options with Demographic Analysis

2. Draft Ordinance with Exhibit A

Page 298 of 307 ends

Attachment 1
Proposed Maps with 2020 Census Data
Demographics

Page 299 of 307 ends

Map Option 1
District
Total
Population
Raw
Population
%
Population Latino
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 7,804 -217 -2.71% 4,228 4,839 2,623 160 1,884 3,037 7 92 34 28 2 8,145 124 1.54% 5,051 3,960 1,632 285 1,742 2,264 26 261 - 7 3 7,816 -205 -2.56% 5,426 3,905 1,329 324 1,852 1,945 54 86 - 29 4 8,320 299 3.72% 4,413 4,811 2,132 161 1,944 2,807 33 354 - 2 Total 32,085
Ideal 8,021 Deviation 6.43%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native

Page 300 of 307 ends

Map Option 2
District
Total
Population
Raw
Population % Population Latino
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 8,108 87 1.08% 4,409 5,019 2,700 193 1,969 3,141 7 92 34 29 2 8,145 124 1.54% 5,051 3,960 1,632 285 1,742 2,264 26 261 - 7 3 7,942 -79 -0.99% 5,473 3,937 1,389 292 1,817 2,000 54 103 - 28 4 7,890 -131 -1.64% 4,185 4,599 1,995 160 1,894 2,648 33 337 - 2 Total 32,085
Ideal 8,021 Deviation 3.18%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native

Page 301 of 307 ends

Ordinance No. ______

Page 1 ends

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ATWATER, CALIFORNIA AMENDING SUBSECTION

2.10.020(E) OF THE ATWATER MUNICIPAL CODE REGARDING

BY-DISTRICT ELECTIONS TO ADJUST THE BOUNDARIES OF

CITY COUNCIL ELECTION DISTRICTS AND TO CONFIRM

SUCH REVISED COUNCIL DISTRICT BOUNDARIES
WHEREAS, the United States Census Bureau is required by Article I, Section 2, of the United States Constitution to conduct an accurate count of the population every ten years; and WHEREAS, California Elections Code Section 21601 requires that following each decennial federal census, and using that census as a basis, the Council shall, by ordinance or resolution, adjust the boundaries of any or all of the City’s Council election districts to be substantially equal in population as required by the United States Constitution, California Constitution, and the Federal Voting Rights Act. In establishing the boundaries of the districts the Council must give consideration to the following factors in the following priority: (a) contiguity of districts, (b) communities of interest, (c) easy identification of districts through use of natural or artificial boundaries and (d) district compactness; and WHEREAS, California Elections Code Section 21602 requires that the Council adopt an ordinance establishing Council districts by April 17, 2022; and WHEREAS, on September 27, 2021, the Census Bureau sent 2020 Census data to the State of California with an official population estimate of 32,085 residents for the City of Atwater; and
WHEREAS, the City Council of the City of Atwater ("City Council") held four public hearings on February 14, 2022, February 28, 2022, March 14, 2022, and March 28, 2022, where the Council received briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria, including the California Elections Code, the Federal Voting Rights Act and the United States Constitution, heard public testimony, and directed staff and the City's redistricting consultant to prepare draft Council district maps for consideration; and
WHEREAS, in addition, City staff conducted public outreach by way of print and digital advertisements, which led to public hearings with public comment on redistricting criteria and communities of interest; and
WHEREAS, at the March 14, 2022 and March 28, 2022 public hearings, the Council received a presentation of draft maps prepared by the City's demographic consultant for compliance with applicable laws and standards and reviewed additional maps submitted by the public; and
WHEREAS, at the March 14, 2022 public hearing, the City Council agreed on Map Alternative 1, designating it as the preferred map and directed that it be presented to the Council for adoption by Ordinance; and
WHEREAS, at each of the public hearings on redistricting, the Council heard testimony

Page 302 of 307 ends

Ordinance No. ______

Page 2 ends

relating to “communities of interest,” which led the Council to reach the following determinations about communities of interest on the preferred map, as required under federal and state law:
(1) The election districts are geographically contiguous, i.e., they are arrayed in a simple and logical form without any islands and with minimal intrusions from the area of one district into another;
(2) To the extent practicable, the preferred map respects the geographic integrity of local neighborhoods and local communities of interest as determined by the Council based on testimony about what constitutes communities of interest in the public’s view;
(3) The election districts are easily identifiable and understandable by residents and form a relatively simple pattern;
(4) To the extent practicable, the election districts are geographically compact, with configurations that are for the most part compact, simple shapes, with nearby populations included in the same districts;
(5) The election districts are balanced in terms of total population and voting age population and are well within the one-person/one-vote deviations permitted under federal and state voting rights laws; and
(6) Although the above criteria could not be met within any election district with a minority-majority district (i.e., a voting district where one distinct minority population is the majority population), the election districts do represent where possible an aggregation in single districts of substantial minority population blocs to enhance the potency of that minority voting voice.

WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATWATER DOES ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance is adopted following four noticed City Council public hearings as required by California Elections Code section 21607.1.

SECTION 2. Subsection Section 2.10.020(E) (Election of Mayor and Council – Adjustment of Boundaries) of the Atwater Municipal Code is hereby amended in its entirety as provided in Exhibit A.

SECTION 3. City Council elections shall continue to be conducted "by districts" in four districts as set forth in Exhibit A. The term “by district” shall mean election of members of the legislative body by voters of the district alone, as provided in Government Code § 34871(d).

SECTION 4. All ordinances and resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.

Page 303 of 307 ends

Ordinance No. ______

Page 3 ends

SECTION 5. The City Manager is directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the election district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

SECTION 6. The City Clerk is hereby directed to provide a certified copy of this Ordinance to the Merced County Registrar of Voters for use in subsequent City of Atwater City Council Elections.

SECTION 7. Compliance with California Environmental Quality Act. This activity is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub.

Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines, (Cal. Code Regs., tit. 14, § 15000 et seq.) §§ 15061(b)(3), 15320, and 15378(b)(3). The redistricting process is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event the transition process does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) None of the exceptions to the exemptions found in State CEQA Guidelines, § 15300.2 apply.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 9. Effective Date. This Ordinance relates to municipal elections and shall take effect immediately.

SECTION 10. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Atwater, pursuant to all legal requirements.

Page 304 of 307 ends

Ordinance No. ______

Page 4 ends

PASSED, APPROVED AND ADOPTED this ___ day of _____, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Paul Creighton
Mayor
ATTEST:
__________________________
Lucy Armstrong
City Clerk
APPROVED AS TO FORM:
__________________________
Frank Splendorio
City Attorney

Page 305 of 307 ends

Ordinance No. ______

Page 5 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF MERCED ) ss

CITY OF ATWATER )
I, Lucy Armstrong, City Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the City Council of the City of Atwater, California, at a City Council meeting held the ____ day of __________, 2022. Ordinance No. _____ was passed, approved and adopted at a regular City Council meeting held at the ___ day of __________, 2022.

WITNESS my hand and official seal of the City of Atwater this ___ day of __________, 2022.
__________________________
Lucy Armstrong
City Clerk

Page 306 of 307 ends

Ordinance No. ______

Page 6 ends

EXHIBIT A
Section 2.10.020(E) of the Atwater Municipal Code is hereby amended in its entirety as follows:

1. Pursuant to Elections Code Section 21601, as it may be amended from time to time, the City Council shall, by ordinance or resolution, adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law.

2. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Election Code Section 21603, as it may be amended from time to time.

3. Pursuant to Elections Code Section 21606, the term of office of any Council member who has been elected and whose term has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected.

Final Map

Page 307 of 307 ends

Atwater City CouncilMarch 28, 2022

Atwater City Council
March 28, 2022