Atwater City Council
November 14, 2022

In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:

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

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

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

CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
November 14, 2022
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM

PLEDGE OF ALLEGIANCE TO THE FLAG

INVOCATION
Invocation by Master Sergeant Bill Lawrence
ROLL CALL:

Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____

City Council Agenda for Meeting of November 14, 2022 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) CEREMONIAL:
• Oath of Office - City Clerk
Staff's Recommendation: That Mayor Creighton administer the oath of office to the newly appointed City Clerk.
• Oath of Office - Sergeant and Police Officer
Staff's Recommendation: That Mayor Creighton administer the oath of office to the newly appointed Sergeant Ken Lee and Police Officer Shareef Odeh and Police Officer Mason Harris.

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

CONSENT CALENDAR

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

TREASURER'S REPORT:

1. September 30, 2022
Staff's Recommendation: Approval of report as listed.

WARRANTS:

2. November 14, 2022
Staff's Recommendation: Approval of warrants as listed.

City Council Agenda for Meeting of November 14, 2022 Page 3 MINUTES: (City Council)

3. a) August 8, 2022 - Regular meeting
b) August 22, 2022 - Regular meeting
c) September 12, 2022 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

AGREEMENTS:

4. Awarding an On Call Professional Services Agreements to Independant Investigations LLC and Liest and Associates for Independent Internal Affairs Investigative Services for the Atwater Police Department (Police Chief Salvador)
Staff's Recommendation: Awards an On Call Professional Services Agreement, in a form approved by the City Attorney, to Independant Investigations LLC and Liest and Associates for Internal Affairs Investigative Services for the Atwater Police Department Starting November 15th, 2022 through December 31, 2023, for an amount not to exceed $25,000; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

5. Approving Memorandum of Understanding with the City of Merced for Joint Self-Contained Breathing Apparatus Purchase through Assistance to Firefighters Grant (CAL FIRE Battalion Chief Ayuso)
Staff's Recommendation: Approves the Memorandum of
Understanding, in a form approved by the City Attorney, with the City of Merced regarding a Joint Self-Contained Breathing Apparatus Purchase through the Assistance to Firefighters Grant; and authorize and direct the City Manager, or her designee, to execute any and all documents related to the Memorandum of Understanding and Assistance to Firefighters Grant submittal on behalf of the City of Atwater.

6. Approving Letter of Commitment and Contract between the City of Atwater and Pacific Gas and Electric (PG&E) to join the PG&E Fleet Electrification program (Police Chief Slavador and Public Works Director Vinson)
Staff's Recommendation: Approving Letter of Commitment and Contract, in a form approved by the City Attorney, between the City of Atwater and Pacific Gas and Electric (PG&E) to join the PG&E Fleet Electrification program; and authorizes and directs the City Manager to sign any related documents on behalf of the City.

RESOLUTIONS:

7. Amending the City's Records Retention Schedule (Deputy City Clerk Martin)
Staff's Recommendation: Adoption of Resolution No. 3354-22

City Council Agenda for Meeting of November 14, 2022 Page 4 Approving Revisions to the City’s Records Retention Schedule.

8. Amending the Regular Meeting date and time for General Plan Technical Advisory Committee Meetings (Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3355-22 amending Resolution No. 3274-21 regarding the regular meeting date and time for the General Plan Technical Advisory Committee ***END OF CONSENT CALENDAR***

PUBLIC HEARINGS

9. Waiving the second reading repealing and re-enacting Title 15, “Buildings and Construction” of the Atwater Municipal Code, which adopts by reference the 2022 California Building Code based on the 2021 International Building Code, the 2022 California Residential Code based on the 2021 International Residential Code, the 2022 California Green Building Standards Code, the 2022 California Electrical Code based on the 2020 National Electrical Code, the 2022 California Mechanical Code based on the 2021 Uniform Mechanical Code, and the 2022 California Plumbing Code based on the 2021 Uniform Plumbing Code, the 2022 California Fire Code based on the 2021 International Fire Code, the 2022 California Administrative Code, and the 1997 Uniform Code for the abatement of dangerous buildings (Community Develpment Director Thompson)
Staff's Recommendation: Open the public hearing and receive any testimony given;
Close the public hearing;
Motion to adopt Ordinance No. CS 1053 repealing and re-enacting Title 15, “Buildings and Construction” of the Atwater Municipal Code, which adopts by reference, the 2022 California Building Code based on the 2021 International Building Code, the 2022 California Residential Code based on the 2021 International Residential Code, the 2022 California Green Building Standards Code, the 2022 California Electrical Code based on the 2020 National Electrical Code, the 2022 California Mechanical Code based on the 2021 Uniform Mechanical Code, and the 2022 California Plumbing Code based on the 2021 Uniform Plumbing Code, the 2022 California Fire Code based on the 2021 International Fire Code, the 2022 California Administrative Code, and the 1997 Uniform Code for the abatement of dangerous buildings; or
Motion to approve staff's recommendation as presented.

City Council Agenda for Meeting of November 14, 2022 Page 5 CITY MANAGER REPORTS/UPDATES:

10. City Manager Updates

COMMENTS FROM THE PUBLIC

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

CITY COUNCIL MATTERS
City Council comments

ADJOURNMENT
CERTIFICATION:

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

LUCY ARMSTRONG

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

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

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

1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
~ November 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday City Holiday
Trash pick up delayed
Ends
Veterans Day
1 day
Daylight Saving Time
Planning Commission
6:00 PM Meeting - 6:00 PM
City Council Meeting -
Audit & Finance
Thanksgiving
City Holiday City Holiday
Thanksgiving
1 day
Trash pick up delayed
4:30 PM
Committee Meeting -

1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
Trash pick up delayed
1 day
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Committee Meeting -
Citizens' Oversight
5:30 PM
City Council Meeting -
6:00 PM
Christmas
Planning Commission City Holiday Christmas Eve
Meeting - 6:00 PM
1 day
Christmas Day
Trash pick up delayed
New Year's Day
31 Audit & Finance
City Holiday
New Year's Eve
4:30 PM
Committee Meeting -
~ December 2022 ~

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 09/30/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 10,997,617.98 1,841,384.32 1,620,506.11 11,218,496.19 0003 General Fund Capital 405,977.72 36,861.34 1,062.36 441,776.70 0004 Public Safety Trans & Use Tax 480,764.10 207,653.77 111,531.65 576,886.22 0005 Ferrari Ranch Project Fund 21,088.45 0.00 0.00 21,088.45 0007 Measure V Fund 3,462,195.12 0.00 0.00 3,462,195.12 0008 Measure V 20% Alternative Modes 599,895.47 0.00 137.64 599,757.83 0009 Abandoned Veh Abatement Fund (4,219.33) 4,789.06 2,374.40 (1,804.67) 0010 Measure V Regional Fund (3,110.61) 0.00 559.65 (3,670.26) 1005 Police Grants Fund 84,241.50 0.00 0.00 84,241.50
1010 ARPA-American Rescue Plan Act 5,660,410.01 0.00 215,143.39 5,445,266.62 1011 Gas Tax/Street Improvement (46,070.35) 77,741.87 142,673.89 (111,002.37) 1013 Local Transportation Fund 600,985.28 425.68 0.00 601,410.96 1015 Traffic Circulation Fund 1,468,012.61 6,797.95 0.00 1,474,810.56 1016 Applegate Interchange 768,961.80 0.00 0.00 768,961.80 1017 RSTP-Regional Surface Transp Prag 2,323,397.76 374,582.00 0.00 2,697,979.76 1018 SB1-Road Maint & Rehab RMRA 1,982,377.45 61,849.02 149,903.98 1,894,322.49 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,370,374.45 4,764.00 0.00 2,375,138.45 1040 General Plan Update-Housing Element (48,000.00) 0.00 0.00 (48,000.00) 1041 General Plan Update Fund 350,440.14 0.00 0.00 350,440.14 1050 Buhach Colony High School 231,113.14 0.00 0.00 231,113.14 1055 Neighborhood Stabilization 220,575.56 0.00 0.00 220,575.56 1059-78 Housing Grant Funds 755,293.94 500.00 0.00 755,793.94 1091 Police Facility Impact Fee 209,795.12 1,518.94 0.00 211,314.06 1093 Fire Facility Impact Fee 187,086.62 1,969.88 0.00 189,056.50 1095 Government Building Facility 269,465.66 1,953.26 0.00 271,418.92 3064-67 RedevelopmenUSuccessor Agency Funds 1,881,425.21 1,820.87 17,011.00 1,866,235.08 4020 Performance Bond Trust 219,277.78 0.00 0.00 219,277.78 4030 Narcotics Program Trust 2,071.05 0.00 0.00 2,071.05 4060 Section 125 Medical 2,402.50 190.00 0.00 2,592.50

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 09/30/2022
FUND BEG.BALANCE
4070 Section 125 Dependent Care 0.00
4080 Pension Rate Stblztn 115 Trust 252,452.12
4090 CFO No. 1 Trust 130,788.82
5001-55 All Maintenance Districts 1,371,563.78
5050 CFD Districts (86,635.81)
6000 Water Enterprise Fund 8,994,301.97
6001 Water Fund Capital Replacement 2,566,786.23
6002 DBCP Settlement 20,540.74
6004 Water Well- Buhach Colony 183,572.47
6005 Water Capital Impact Fees 2,494,231.56
6006 Water Operating Reserve Fund 179,999.84
6007 1,2,3-TCP Fund 16,931,631.35
6010 Sewer Enterprise Fund 16,140,908.29
6011 Sewer Fund Capital Replacement 3,569,235.20
6020 Sanitation Enterprise 2,872,298.25
7000 Internal Service Fund 280,656.72
7001 ISF Equipment/Bldg Replacement 0.00
7010 Employee Benefits Fund 675,366.91
7020 Risk Management 229,047.51
7030 Information Technology 404,659.84
9090 Accrued Interest Fund 152,458.89
TOTAL 92,817,710.81
Prepared by: __ (j) .---'-,k-~ __ --_cz_--'-----
Patty Tejeda, Finance Operations Manager
CASH DEBITS CASH CREDITS ENDING BAL.

0.00 0.00 0.00

0.00 17,423.01 235,029.11

0.00 0.00 130,788.82

0.00 41,974.90 1,329,588.88

0.00 43,178.56 (129,814.37)
781,218.15 774,616.59 9,000,903.53

0.00 91,294.10 2,475,492.13

0.00 0.00 20,540.74

0.00 0.00 183,572.47
28,409.75 0.00 2,522,641.31

0.00 0.00 179,999.84
1,153.95 398,305.71 16,534,479.59
994,571.19 1,266,420.48 15,869,059.00
15,039.08 0.00 3,584,274.28
412,401.30 505,183.49 2,779,516.06
371,766.63 165,836.72 486,586.63

0.00 0.00 0.00
191,394.04 65,055.90 801,705.05
361,380.75 9,778.50 580,649.76
120,774.50 24,885.10 500,549.24
1,269.00 0.00 153,727.89
5,904,180.30 5,6!>4,857 .13 93,057,033.98
Approvedby~
M
A
ark Borba, Ci
~
ty Treasurer

Statement of Changes in Cash Balan~e
by Bank
As of 9/30/2022
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City- LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,210,766.04
1,153,216.00
7,339,610.03
6,959,542.37

16.59 21,902,107.66
252,452.12
1,269.00
5,902,911.30 4,915,095.89
371,371.36

10.00 360,956.87
17,423.01
55,210,766.04
1,154,485.00
8,327,425.44
6,588,171.01

6.59 21,541,150.79
235,029.11
Totals 92,817,710.81 5,904,180.30 5,664,857.13 93,057,033.98 Prepared by: __ ,._{i? ._.,..-,--- _/_~ __ · _
Patty Tejeda, ~ions Manager Mark Borba, City Treasure-- r (The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

The City of Atwater has the ability to meet its pooled expenditure requirements for the next six months.

City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,210,766.04
1,154,485.00
21,541,150.79
235,029.11
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
8,698,065.01
6,588,171.01

6.59

WARRANTS SUMMARY FOR NOVEMBER 14 2022

TOTAL OF WARRANTS (FROM WARRANT REPORT)

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 1,136,292.s1 1

DATE I DESCRIPTION AMOUNT
11/10/20221Prewrittens included in this current warrant run 10/20/2022 PERS Retirement EFT 9/29/22 - 10/12/22
11/3/2022 PERS Retirement EFT 10/13/22 - 10/26/22
11/3/2022 PERS Health - November 2022
10/28/2022 Retiree Medical Reimbursement - November 2022 $ (7,933.44)
$ 49,521.69
$ 50,209.02
$ 76,234.88
$ 30,501.45
TOTAL ADDITIONAL WARRANTS $ 198,533.60
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 1,334,826.17

I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE I DESCRIPTION {AMOUNT
10/20/2022 Net Payroll
10/20/2022 Federal Taxes
10/20/2022 State Taxes
10/20/2022 Payroll Deductions
$ 194,238.53 $ 259,584.76
$ 57,253.23
$ 8,093.00
$ 1,123.49
11/3/2022 Net Payroll
11/3/2022 Federal Taxes
11/3/2022 State Taxes
11/3/2022 Payroll Deductions

TOTAL INFORMATIONAL WARRANTS
$ 176,292.42 $ 243,117.39
$ 58,865.12
$ 7,959.85
$ 1,047.17
$ 504,872.81
~~>

CITY TREASURER --

Accounts Payable
Checks for Approval
User:

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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20968 10/26/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 818.04 ---
Check Total: 818.04
20969 10/26/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
20970 10/26/2022 General Fund Garnishments FRANCHISE TAX BOARD 145.45 Check Total: 145.45
20971 10/28/2022 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,679.46 Check Total: 1,679.46
20972 10/28/2022 Employee Benefits Fund Health Insurance, Retirees GARYFRAGO 256.37 Check Total: 256.37
20973 10/28/2022 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 676.23 Check Total: 676.23
20974 10/28/2022 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 27.19 Check Total: 27.19
20975 10/28/2022 Water Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 30.92 20975 10/28/2022 Sanitation Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 15.12 20975 10/28/2022 Sewer Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 1,440.96 Check Total: 1,487.00
20976 11/04/2022 General Fund Rents & Leases QUADIENT LEASING USA, INC. 1,606.53 Check Total: 1,606.53
20977 11/04/2022 General Fund Special Departmental Expense SI MERCED 30.00 AP-Checks for Approval (11/10/2022 - 1:46 PM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20978 11/07/2022
20979 11/07/2022
General Fund Miscellaneous Union Dues
Check Total:

AFSCME DISTRICT COUNCIL 57

30.00 818.04
General Fund Garnishments
Check Total:

FRANCHISE TAX BOARD
818.04
229.13
Check Total: 229.13
Report Total: 7,933.44
AP-Checks for Approval (11/10/2022 - 1:46 PM) Page 2

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
11/ l 0/2022 - I :48 PM
'ity of
a-- ter 'ii.
750 Bellevue Road, .AWater CA 963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 11/14/2022 General Fund Office Supplies QUADIENT FINANCE USA, INC. 1,000.00 0 11/14/2022 Successor Agency Debt Service Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 49,935.90 0 11/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 40,030.73 0 11/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 85,000.00 0 11/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 191,340.63 0 11/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 55,000.00 0 11/14/2022 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 Check Total: 422,464.20
20980 11/14/2022 Water Enterprise Fund Professional Services ABS PRESORT, INC. 708.06 20980 11/14/2022 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 708.07 20980 11/14/2022 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 708.07 20980 11/14/2022 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,234.00 20980 11/14/2022 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,233.00 20980 11/14/2022 Sanitation Enterprise Fund Office Supplies ABS PRESORT, INC. 1,233.00 ---
Check Total: 5,824.20 -
20981 11/14/2022 Information Technology Fund Special Departmental Expense AIRESPRING 3,932.67 Check Total: 3,932.67
20982 11/14/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 95.00 20982 11/14/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 97.60 Check Total: 192.60
20983 11/14/2022 Internal Service Fund Operations & Maintenance ALLWAYS TOWING, L.L.C. 125.00 Check Total: 125.00 -
20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 30.42 20984 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 23.68 20984 I 1/14/2022 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 28.10 20984 11/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 14.52 20984 11/14/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 96.34 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 18.94 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 137.74 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 116.36 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 14.58 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 24.83 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 12.90 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 16.02 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 116.84 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.41 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 860.92 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.76 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.54 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 63.95 20984 11/14/2022 ARPA-American Rescue Plan Act Recreation & Community Events AMAZON CAPITAL SERVICES 446.92 20984 11/14/2022 ARPA-American Rescue Plan Act Recreation & Community Events AMAZON CAPITAL SERVICES 42.20 20984 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 22.47 20984 11/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.76 20984 11/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.76 20984 11/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 37.76 20984 11/14/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 162.30 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.73 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 40.28 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.52 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 17.85 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 55.14 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 35.61 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 31.93 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 26.22 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 27.00 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 81.36 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.18 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 108.36 20984 11/14/2022 General Fund Communications AMAZON CAPITAL SERVICES 920.92 20984 11/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.62 20984 11/14/2022 General Fund Various Classes AMAZON CAPITAL SERVICES 27.05 20984 11/14/2022 General Fund Various Classes AMAZON CAPITAL SERVICES 27.05 20984 11/14/2022 General Fund Various Classes AMAZON CAPITAL SERVICES 84.56 20984 11/14/2022 General Fund Various Classes AMAZON CAPITAL SERVICES 32.46 20984 11/14/2022 General Fund Various Classes AMAZON CAPITAL SERVICES 48.71 20984 11/14/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I AMAZON CAPITAL SERVICES 17.50 20984 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 400.50 20984 11/14/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 183.37 20984 11/14/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 150.03 20984 11/14/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 175.59 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20984 11/14/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 214.61 20984 11/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 112.60 20984 11/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 108.24 20984 11/14/2022 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES 48.66 20984 11/14/2022 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES 48.66 20984 11/14/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.44 20984 11/14/2022 Information Technology Fund Memberships & Subscriptions AMAZON CAPITAL SERVICES 128.79 20984 11/14/2022 Information Technology Fund Memberships & Subscriptions AMAZON CAPITAL SERVICES 27.56 20984 11/14/2022 Information Technology Fund Memberships & Subscriptions AMAZON CAPITAL SERVICES 82.68 20984 11/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -116.14 20984 11/14/2022 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES -400.50 Check Total: 5,446.16
20985 11/14/2022 Sewer Enterprise Fund Accounts Payable BONNIE ANDERSON 65.66 Check Total: 65.66
20986 11/14/2022 Water Fund Capital Replacement Installation-New Water Meters AQUAMETRIC 4,722.97 ---
Check Total: 4,722.97 .,
20987 11/14/2022 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 301.95 Check Total: 301.95
20988 11/14/2022 General Fund Communications AT and T- CALNET3 133.06 20988 11/14/2022 Northwood Village LD Communications AT and T - CALNET3 24.29 20988 11/14/2022 Meadow View LD Communications AT and T - CALNET3 24.29 20988 11/14/2022 Water Enterprise Fund Communications AT and T- CALNET3 265.51 20988 11/14/2022 Sewer Enterprise Fund Communications AT and T - CALNET3 364.05 20988 11/14/2022 Internal Service Fund Communications AT and T - CALNET3 567.93 Check Total: 1,379.13
20989 11/14/2022 General Fund Special Departmental Expense ATWATER CHIROPRACTIC, INC. 100.00 20989 11/14/2022 General Fund Professional Services ATWATER CHIROPRACTIC, INC. 65.00 20989 11/14/2022 Water Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 220.00 20989 11/14/2022 Sewer Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 180.00 20989 11/14/2022 Internal Service Fund Professional Services ATWATER CHIROPRACTIC, INC. 190.00 Check Total: 755.00
20990 11/14/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I ATWATER ELECTRIC 1,238.00 20990 11/14/2022 Water Enterprise Fund Special Departmental Expense ATWATER ELECTRIC 387.50 Check Total: 1,625.50
20991 11/14/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #l ATWATER GLASS 694.80 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 694.80
20992 11/14/2022 General Fund Special Departmental Expense AUTOZONE STORE #5506 15.09 Check Total: 15.09
20993 11/14/2022 Public Safety Trans & Use Tax Rents & Leases AXON ENTERPRISE, INC. 2,526.72 20993 11/14/2022 Public Safety Trans & Use Tax Rents & Leases AXON ENTERPRISE, INC. 20,783.55 20993 11/14/2022 Police Grants Fund Machinery & Equipment AXON ENTERPRISE, INC. 14,233.00 20993 11/14/2022 General Fund Professional Services AXON ENTERPRISE, INC. 383.42 20993 11/14/2022 General Fund Professional Services AXON ENTERPRISE, INC. 6,238.00 ---
Check Total: 44,164.69
20994 11/14/2022 Internal Service Fund Professional Services BELKORP AG, LLC 833.56 20994 11/14/2022 Internal Service Fund Operations & Maintenance BELKORP AG, LLC 100.02 20994 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense BELKORP AG, LLC 386.03 Check Total: 1,319.61
20995 11/14/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 372.11 20995 11/14/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 4,522.16 20995 11/14/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,703.24 · Check Total: 8,597.51
20996 11/14/2022 General Fund Professional Services BEST BEST & KRIEGER 26,036.13 20996 11/14/2022 General Fund Professional Services BEST BEST & KRIEGER 120.00 20996 11/14/2022 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 213.66 20996 11/14/2022 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 693.67 20996 11/14/2022 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 4,224.67 20996 11/14/2022 Risk Management Fund Professional Services BEST BEST & KRIEGER 8,946.00 Check Total: 40,234.13
20997 11/14/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 29.23 20997 11/14/2022 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 5.37 20997 11/14/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 33.33 20997 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 26.05 20997 11/14/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 17.43 20997 11/14/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 12.92 20997 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 40.68 20997 11/14/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 36.84 20997 11/14/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 5.53 20997 11/14/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 73.26 20997 11/14/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 36.84 20997 11/14/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 86.19 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 403.67
20998 11/14/2022 1,2,3-TCP Fund Professional Services BK INDUSTRIES INC. 13,250.00 ---
Check Total: 13,250.00 ,,,...
20999 11/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 20999 11/14/2022 Internal Service Fund Uniform & Clothing Expense BOOTBARN 173.19 20999 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 173.19 Check Total: 546.38
21000 11/14/2022 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 1,985.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSKASSOCIATES 168.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 152.00 21000 11/14/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21000 11/14/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 147.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 105.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 30.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,469.00 21000 11/14/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21000 11/14/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21000 11/14/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 Check Total: 6,560.00 .
21001 11/14/2022 Internal Service Fund Professional Services BURTON'S FIRE, INC. 1,735.17 21001 11/14/2022 Internal Service Fund Operations & Maintenance BURTON'S FIRE, INC. 1,717.97 Check Total: 3,453.14
21002 11/14/2022 Water Enterprise Fund Professional Services C B MERCHANT SERVICES 5.23 21002 11/14/2022 Sewer Enterprise Fund Professional Services C B MERCHANT SERVICES 5.50 21002 11/14/2022 Sanitation Enterprise Fund Professional Services C B MERCHANT SERVICES 2.57 Check Total: 13.30
21003 11/14/2022 General Fund Special Departmental Expense CAL FARM SERVICES 51.98 21003 11/14/2022 General Fund Professional Services CAL FARM SERVICES 40.00 21003 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 43.08 21003 11/14/2022 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 2,146.90 21003 11/14/2022 General Fund Special Departmental Expense CAL FARM SERVICES 27.31 21003 11/14/2022 General Fund Professional Services CAL FARM SERVICES 40.00 21003 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 27.53 21003 11/14/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 40.00 AP-Checks for Approval (11/10/2022 - 1 :48 PM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,416.80
21004 11/14/2022 General Fund Maint. Buildings & Grounds CALIFORNIA LANDSCAPE SUPPLY, INC. 1,333.46 Check Total: 1,333.46
21005 11/14/2022 Internal Service Fund Operations & Maintenance CAL-STATE TOOL 715.00 Check Total: 715.00
21006 11/14/2022 General Fund Professional Services CASEY RECORDS MANAGEMENT 488.00 Check Total: 488.00 -
21007 11/14/2022 General Fund Community Center Deposits JADE CASTILLO 350.00 Check Total: 350.00 ..-
21008 11/14/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 319.84 Check Total: 319.84
21009 11/14/2022 Water Enterprise Fund Professional Services CHARTER CAPITAL 4,082.16 ---
Check Total: 4,082.16
21010 11/14/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 21010 11/14/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21010 11/14/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21010 11/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 52.81 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21010 11/14/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21010 11/14/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21010 11/14/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21010 11/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 51.37 21010 11/14/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 17.43 21010 11/14/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 AP-Checks for Approval (11/10/2022- 1:48 PM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21010 11/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 51.37 21010 11/14/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21010 11/14/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21010 11/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 17.43 21010 11/14/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 21010 11/14/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21010 11/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 53.00 21010 11/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 Check Total: 884.27
21011 11/14/2022 General Fund Professional Services CIVICPLUS 6,930.00 ---
Check Total: 6,930.00
21012 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 218.12 21012 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 2.51 21012 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 178.48 Check Total: 399.11
21013 11/14/2022 Water Enterprise Fund Special Departmental Expense CORE & MAIN LP 2,722.67 ---
Check Total: 2,722.67
21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 21014 11/14/2022 General Fund Special Departmental Expense D & D PEST CONTROL 55.00 21014 11/14/2022 General Fund Professional Services D & D PEST CONTROL 55.00 21014 11/14/2022 General Fund Professional Services D & D PEST CONTROL 150.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21014 11/14/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 Check Total: 580.00
21015 11/14/2022 Information Technology Fund Professional Services DATA PATH, INC. -4,000.00 21015 11/14/2022 Information Technology Fund Special Departmental Expense DATA PATH, INC. 6.50 21015 11/14/2022 Information Technology Fund Professional Services DATA PATH, INC. 8,680.00 21015 11/14/2022 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,351.25 21015 11/14/2022 Information Technology Fund Professional Services DATA PATH, INC. 2,530.00 AP-Checks for Approval (11/10/2022 - 1 :48 PM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 9,567.75
21016 11/14/2022 General Fund Field Rentals JESUS DIAS 210.00 Check Total: 210.00 ,_.
21017 11/14/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -3,238.20 21017 11/14/2022 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 3,598.00 ---
Check Total: 359.80
21018 I I /14/2022 General Fund Professional Services DIVISION-D 10,000.00 Check Total: 10,000.00 ,....
21019 11/14/2022 Internal Service Fund Professional Services DONLEEPUMPCOMPANY 450.00 21019 11/14/2022 Internal Service Fund Professional Services DONLEE PUMP COMPANY 275.00 21019 11/14/2022 Internal Service Fund Operations & Maintenance DONLEE PUMP COMPANY 68.83 Check Total: 793.83
21020 11/14/2022 General Fund Community Center Deposits EBONY SOCIALITES 210.00 21020 11/14/2022 General Fund Community Center Deposits EBONY SOCIALITES 350.00 Check Total: 560.00
21021 11/14/2022 ARPA-American Rescue Plan Act COVID Related Employment Exp EMPLOYMENT DEVELOPMENT DEPT. 9,948.00 Check Total: 9,948.00
21022 11/14/2022 Water Enterprise Fund Accounts Payable JORDAN ESPARZA 55.03 21022 11/14/2022 Sewer Enterprise Fund Accounts Payable JORDAN ESPARZA 57.81 21022 11/14/2022 Sanitation Enterprise Fund Accounts Payable JORDAN ESPARZA 6.31 21022 11/14/2022 Sanitation Enterprise Fund Accounts Payable JORDAN ESPARZA 20.70 Check Total: 139.85
21023 11/14/2022 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 56.50 21023 11/14/2022 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 41.68 21023 11/14/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 36.70 Check Total: 134.88
21024 11/14/2022 General Fund Office Supplies FEDERAL EXPRESS 22.78 21024 11/14/2022 General Fund Office Supplies FEDERAL EXPRESS 42.20 Check Total: 64.98
21025 11/14/2022 General Fund Professional Services FENCE BUILDERS INC. 400.00 AP-Checks for Approval (11/10/2022 - I :48 PM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 400.00
21026 11/14/2022 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 1,087.37 21026 11/14/2022 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 8.12 21026 11/14/2022 Water Fund Capital Replacement Installation-New Water Meters FERGUSON ENTERPRISES INC. #690 2,728.64 ---
Check Total: 3,824.13
21027 11/14/2022 General Fund Men's Winter Basketball PHILLIP FIERRO 650.00 Check Total: 650.00 ,....
21028 11/14/2022 1,2,3-TCP Fund TCP Remediation Project GHD 5,412.76 ---
Check Total: 5,412.76
21029 11/14/2022 General Fund Business License Tax RON GONZALES 25.00 21029 11/14/2022 General Fund SB 1186 Fees-Business License RON GONZALES 4.00 Check Total: 29.00
21030 11/14/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 3.22 21030 11/14/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 381.74 21030 11/14/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 1,300.47 ---
Check Total: 1,685.43
21031 11/14/2022 Water Enterprise Fund Accounts Payable BECKY GRISSOM 26.85 21031 11/14/2022 Sewer Enterprise Fund Accounts Payable BECKY GRISSOM 31.89 21031 11/14/2022 Sanitation Enterprise Fund Accounts Payable BECKY GRISSOM 11.36 21031 11/14/2022 Sanitation Enterprise Fund Accounts Payable BECKY GRISSOM 3.54 Check Total: 73.64
21032 11/14/2022 Water Enterprise Fund Accounts Payable JAMES HAYNES 19.17 Check Total: 19.17
21033 11/14/2022 Internal Service Fund Professional Services HI-TECH EV S, INC. 8,514.00 -
21033 11/14/2022 Internal Service Fund Operations & Maintenance HI-TECH EV S, INC. 1,654.63 21033 11/14/2022 Internal Service Fund Professional Services HI-TECH EV S, INC. 6,158.60 21033 11/14/2022 Internal Service Fund Operations & Maintenance HI-TECH EV S, INC. 1,219.87 Check Total: 17,547.10
21034 11/14/2022 General Fund Special Departmental Expense HORIZON 62.75 21034 11/14/2022 General Fund Special Departmental Expense HORIZON 137.54 21034 11/14/2022 General Fund Special Departmental Expense HORIZON 373.99 21034 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense HORIZON 297.35 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21034 11/14/2022 General Fund Main!. Buildings & Grounds HORIZON 247.83 21034 11/14/2022 General Fund Maint. Buildings & Grounds HORIZON 655.96 21034 11/14/2022 General Fund Main!. Buildings & Grounds HORIZON 214.85 21034 11/14/2022 General Fund Main!. Buildings & Grounds HORIZON 287.22 21034 11/14/2022 General Fund Main!. Buildings & Grounds HORIZON 176.66 21034 11/14/2022 General Fund Maint, Buildings & Grounds HORIZON 212.79 21034 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense HORIZON 133.74 21034 11/14/2022 General Fund Special Departmental Expense HORIZON 166.00 Check Total: 2,966.68
21035 11/14/2022 Information Technology Fund Special Departmental Expense INDUSTRIES MARKETING LLC 3,400.00 Check Total: 3,400.00
21036 11/14/2022 General Fund SMITax INFINITY ENERGY INC 4.42 21036 11/14/2022 General Fund SB 1473 INFINITY ENERGY INC 2.00 21036 11/14/2022 General Fund Building Permits INFINITY ENERGY INC 246.00 Check Total: 252.42
21037 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense INGRAHAM TROPHIES 649.50 Check Total: 649.50
2l038 11/14/2022 Internal Service Fund Professional Services INTERSTATE TRUCK CENTER 1,462.80 21038 11/14/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 652.69 21038 11/14/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 406.46 ---
Check Total: 2,521.95
21039 11/14/2022 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 300.00 21039 11/14/2022 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS 9,305.65 21039 11/14/2022 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 1,155.00 Check Total: 10,760.65
21040 11/14/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 1,764.00 21040 11/14/2022 Measure V Regional Fund Bellevue Road Realignment JLB TRAFFIC ENGINEERING, INC 43.05 21040 11/14/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 5,819.64 Check Total: 7,626.69 --
21041 11/14/2022 General Fund Training MAUREEN KANE & ASSOCIATES INC. 1,500.00 Check Total: 1,500.00
21042 11/14/2022 Sewer Enterprise Fund Small Tools KELLOGG'S SUPPLY 95.21 21042 11/14/2022 General Fund Special Departmental Expense KELLOGG'S SUPPLY 27.20 21042 11/14/2022 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 75.76 AP-Checks for Approval (11/10/2022 - 1 :48 PM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21042 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense KELLOGG'S SUPPLY 236.53 21042 11/14/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 139.55 Check Total: 574.25
21043 11/14/2022 Water Enterprise Fund Accounts Payable DOUGLAS KENNARD 2.18 21043 11/14/2022 Sewer Enterprise Fund Accounts Payable DOUGLAS KENNARD 2.29 21043 11/14/2022 Sanitation Enterprise Fund Accounts Payable DOUGLAS KENNARD 0.25 21043 11/14/2022 Sanitation Enterprise Fund Accounts Payable DOUGLAS KENNARD 0.82 Check Total: 5.54
21044 11/14/2022 General Fund SMITax KUUBIX GLOBAL LLC 2.14 21044 11/14/2022 General Fund SM!Tax KUUBIX GLOBAL LLC 4.52 21044 11/14/2022 General Fund SB 1473 KUUBIX GLOBAL LLC 2.00 21044 11/14/2022 General Fund SB 1473 KUUBIX GLOBAL LLC 1.00 21044 11/14/2022 General Fund Building Permits KUUBIX GLOBAL LLC 102.00 21044 11/14/2022 General Fund Building Permits KUUBIX GLOBAL LLC 246.00 21044 11/14/2022 General Fund Building Permits KUUBIX GLOBAL LLC 246.00 21044 11/14/2022 General Fund Building Permits KUUBIX GLOBAL LLC 102.00 Check Total: 705.66
21045 11/14/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 2.47 Check Total: 2.47
21046 11/14/2022 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 347.87 21046 11/14/2022 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 772.04 Check Total: 1,119.91
21047 11/14/2022 General Fund Special Departmental Expense LEAVE YOUR MARK! 500.00 Check Total: 500.00
21048 l l /14/2022 Water Enterprise Fund Accounts Payable ANTHONY LEGER 2.17 21048 11/14/2022 Sewer Enterprise Fund Accounts Payable ANTHONY LEGER 2.44 21048 11/14/2022 Sanitation Enterprise Fund Accounts Payable ANTHONY LEGER 0.28 21048 11/14/2022 Sanitation Enterprise Fund Accounts Payable ANTHONY LEGER 0.89 Check Total: 5.78
21049 11/14/2022 General Fund Youth Flag Football KRYSTYNA LEON 75.00 Check Total: 75.00
21050 11/14/2022 General Fund Special Departmental Expense LIFE-ASSIST, INC. 277.01 AP-Checks for Approval (11/10/2022 - I :48 PM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 277.01
21051 11/14/2022 General Fund Miscellaneous LOOMIS DEPT. 0757 743.87 Check Total: 743.87
21052 11/14/2022 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 4,721.03 Check Total: 4,721.03
21053 11/14/2022 Water Enterprise Fund Accounts Payable OSCAR MARQUEZ 37.00 21053 I 1/14/2022 Sewer Enterprise Fund Accounts Payable OSCAR MARQUEZ 43.92 21053 11/14/2022 Sanitation Enterprise Fund Accounts Payable OSCAR MARQUEZ 15.65 21053 11/14/2022 Sanitation Enterprise Fund Accounts Payable OSCAR MARQUEZ 4.86 Check Total: I 01.43
21054 11/14/2022 General Fund Special Departmental Expense JANELL MARTIN 6.43 21054 11/14/2022 General Fund Various Classes JANELL MARTIN 16.34 Check Total: 22.77
21055 11/14/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 225.12 Check Total: 225.12
21056 11/14/2022 General Fund Youth Flag Football MCNAMARA SPORTS 96.03 Check Total: 96.03
21057 11/14/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 21057 11/14/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 21057 I 1/14/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 21057 11/14/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 21057 11/14/2022 General Fund Youth Flag Football MERCED AREA SPORTS OFFICIALS, INC 880.00 21057 11/14/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 21057 I 1/14/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 Check Total: 1,540.00
21058 11/14/2022 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 398.64 Check Total: 398.64
21059 11/14/2022 General Fund Training MERCED COUNTY SHERIFF'S DEPARTMENT 300.00 Check Total: 300.00
21060 11/14/2022 Water Enterprise Fund Accounts Payable MATTHEW MICHAEL 49.69 21060 I 1/14/2022 Sewer Enterprise Fund Accounts Payable MATTHEW MICHAEL 59.66 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21060 11/14/2022 Sanitation Enterprise Fund Accounts Payable MATTHEW MICHAEL 21.23 21060 11/14/2022 Sanitation Enterprise Fund Accounts Payable MATTHEW MICHAEL 6.64 Check Total: 137.22
21061 11/14/2022 Water Enterprise Fund Accounts Payable ROSANNA MILLER 13.18 Check Total: 13.18
21062 11/14/2022 General Fund Professional Services MUNISERVICES LLC 9,488.92 21062 11/14/2022 General Fund Professional Services MUNISERVICES LLC 2,304.52 21062 11/14/2022 General Fund Professional Services MUNISERVICES LLC 1,535.84 21062 11/14/2022 General Fund Professional Services MUNISERVICES LLC 500.00 Check Total: 13,829.28
21063 l l/14/2022 Information Technology Fund Special Departmental Expense NEW HORIZON COMMUNICATIONS CORP 2,353.99 ---
Check Total: 2,353.99
21064 l l/14/2022 General Fund Office Supplies THE OFFICE CITY 162.76 Check Total: 162.76
21065 11/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 47.61 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 329.13 21065 l l/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 231.63 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 4.65 21065 l l/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -329.13 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.39 21065 11/14/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 177.93 21065 l l/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.31 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 114.30 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 61.15 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 32.98 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 115.31 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 2.42 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 63.50 21065 11/14/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 70.30 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 119.00 21065 11/14/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 10.27 21065 I 1/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 147.38 21065 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 61.67 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 316.91 21065 I 1/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 159.89 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 144.42 21065 l 1/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 138.82 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 22.91 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.36 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 5.73 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -35.16 21065 11/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 71.33 21065 11/14/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 35.82 21065 11/14/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 8.65 21066 11/14/2022 General Fund Utilities PACIFIC GAS & ELECTRI C
C
heck Total: 2,187.48 -
2,231.58
21066 11/14/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 624.19 21066 11/14/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 428.29 21066 11/14/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 67,212.23 21066 11/14/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 225.79 Check Total: 70,722.08
21067 11/14/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 15,336.02 ---
Check Total: 15,336.02
21068 11/14/2022 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 3,215.50 Check Total: 3,215.50
21069 11/14/2022 Water Enterprise Fund Accounts Payable RACHEL PARKER 117.30 Check Total: 117.30
21070 11/14/2022 SBl-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements PEMCO LIMITED 600.00 Check Total: 600.00
21071 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense PRESTON'S LOCK & KEY 40.05 21071 11/14/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 43.30 Check Total: 83.35
21072 11/14/2022 General Fund Training PRIMANAGEMENTGROUP 518.00 21072 11/14/2022 General Fund Training PRI MANAGEMENT GROUP 259.00 Check Total: 777.00
21073 11/14/2022 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 21,419.51 21073 11/14/2022 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 2,775.12 21073 11/14/2022 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 12,094.30 Check Total: 36,288.93
AP-Checks for Approval (11/10/2022 - 1:48 PM)
-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21074 11/14/2022 Sewer Enterprise Fund Professional Services ROLFE CONSTRUCTION 9,374.00 ---
Check Total: 9,374.00
21075 11/14/2022 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 5,570.00 ---
Check Total: 5,570.00
21076 11/14/2022 General Fund Youth Flag Football CHARMAINE RUSSO 75.00 Check Total: 75.00
21077 11/14/2022 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 174.81 Check Total: 174.81
21078 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 159.66 21078 11/14/2022 Water Enterprise Fund Special Departmental Expense SAFE-T-LITE 363.86 21078 11/14/2022 Sewer Enterprise Fund Special Departmental Expense SAFE-T-LITE 249.71 Check Total: 773.23
21079 11/14/2022 Sanitation Enterprise Fund Accounts Payable DANIEL SALVADOR 8.16 21079 11/14/2022 Sanitation Enterprise Fund Accounts Payable DANIEL SALVADOR 2.54 Check Total: 10.70
21080 11/14/2022 Water Enterprise Fund Accounts Payable SINDY SANTOS GARCIA 160.66 21080 11/14/2022 Sewer Enterprise Fund Accounts Payable SINDY SANTOS GARCIA 18.33 21080 11/14/2022 Sanitation Enterprise Fund Accounts Payable SINDY SANTOS GARCIA 2.03 21080 11/14/2022 Sanitation Enterprise Fund Accounts Payable SINDY SANTOS GARCIA 6.53 Check Total: 187.55
21081 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 152.05 21081 11/14/2022 Water Enterprise Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 575.37 21081 11/14/2022 Water Enterprise Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 1,437.04 21081 11/14/2022 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 737.86 Check Total: 2,902.32
21082 11/14/2022 Water Enterprise Fund Accounts Payable SUKHPRIT SINGH 34.88 21082 11/14/2022 Sewer Enterprise Fund Accounts Payable SUKHPRIT SINGH 36.65 21082 11/14/2022 Sanitation Enterprise Fund Accounts Payable SUKHPRIT SINGH 4.07 21082 11/14/2022 Sanitation Enterprise Fund Accounts Payable SUKHPRIT SINGH 13.06 Check Total: 88.66
21083 11/14/2022 General Fund Building Permits SMARTLINK, LLC 85.00 21083 11/14/2022 General Fund Planning Fees SMARTLINK, LLC 47.00 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 15

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 132.00
21084 11/14/2022 Sewer Enterprise Fund Special Departmental Expense SMITH & LOVELESS INC. 31.85 Check Total: 31.85
21085 11/14/2022 General Fund Uniform & Clothing Expense DAYTON SNYDER 46.00 Check Total: 46.00 .-
21086 11/14/2022 General Fund Uniform & Clothing Expense STAPLES BUSINESS ADVANTAGE 232.98 21086 11/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 31.38 Check Total: 264.36
21087 11/14/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 STATE PRO BUILDERS INC. 3,380.00 Check Total: 3,380.00
21088 11/14/2022 Sewer Enterprise Fund Professional Services STATE WATER RESOURCES CONTROL BOARD 3,550.00 Check Total: 3,550.00 --
21089 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense STEPPING STONE NURSERY 793.49 21089 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense STEPPING STONE NURSERY 793.49 Check Total: 1,586.98
21090 11/14/2022 Water Enterprise Fund Professional Services SUNBELT RENTALS 1,614.90 21090 11/14/2022 Internal Service Fund Professional Services SUNBELT RENTALS 889.77 Check Total: 2,504.67
21091 11/14/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 21091 11/14/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 Check Total: 2,195.74
21092 11/14/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I TANGRAM 1,001.81 Check Total: l ,001.81 -
21093 11/14/2022 General Fund Community Center Deposits TEAMSTERS LOCAL 948 210.00 Check Total: 210.00
21094 11/14/2022 Water Enterprise Fund Professional Services TESCO CONTROLS, INC. 390.00 Check Total: 390.00
21095 11/14/2022 General Fund Professional Services THE LEW EDWARDS GROUP 6,000.00 AP-Checks for Approval (I 1/10/2022 - 1:48 PM)
-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 6,000.00
21096 11/14/2022 Water Enterprise Fund Accounts Payable ROSALIE THORNTON 17.36 21096 11/14/2022 Sewer Enterprise Fund Accounts Payable ROSALIE THORNTON 20.62 21096 11/14/2022 Sanitation Enterprise Fund Accounts Payable ROSALIE THORNTON 2.29 21096 11/14/2022 Sanitation Enterprise Fund Accounts Payable ROSALIE THORNTON 7.34 Check Total: 47.61
21097 11/14/2022 Water Enterprise Fund Accounts Payable THRIVE BUSINESS DEVELOPMENT dba VALLI 302.66 Check Total: 302.66 ,,....
21098 11/14/2022 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 8,746.15 ---
Check Total: 8,746.15
21099 11/14/2022 Internal Service Fund Professional Services TRANE U.S. INC. 1,329.00 ---
Check Total: 1,329.00
21100 11/14/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
21101 11/14/2022 General Fund SM! Tax TROY ROOFING INC 0.26 21101 11/14/2022 General Fund SB 1473 TROY ROOFING INC 1.00 21101 11/14/2022 General Fund Building Permits TROY ROOFING INC 183.00 Check Total: 184.26
21102 11/14/2022 Sewer Enterprise Fund Special Departmental Expense UNITED RENTALS 865.99 21102 11/14/2022 Sewer Enterprise Fund Special Departmental Expense UNITED RENTALS -865.99 21102 11/14/2022 Sewer Enterprise Fund Special Departmental Expense UNITED RENTALS 244.10 21102 11/14/2022 Sewer Enterprise Fund Special Departmental Expense UNITED RENTALS 162.35 Check Total: 406.45
21103 11/14/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 107.00 21103 11/14/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 944.81 21103 11/14/2022 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,287.60 21103 11/14/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 433.63 21103 11/14/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,503.66 Check Total: 5,276.70
21104 11/14/2022 Water Enterprise Fund Accounts Payable ALEX VALENCIA 27.60 21104 11/14/2022 Sewer Enterprise Fund Accounts Payable ALEX VALENCIA 28.99 21104 11/14/2022 Sanitation Enterprise Fund Accounts Payable ALEX VALENCIA 3.21 AP-Checks for Approval (11/10/2022- 1:48 PM) Page 17

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21104 11/14/2022 Sanitation Enterprise Fund Accounts Payable ALEX VALENCIA 10.34 Check Total: 70.14
21105 11/14/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 21105 11/14/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 21105 11/14/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 ---
Check Total: 3,000.00 -
21106 11/14/2022 Internal Service Fund Operations & Maintenance VAN DE POL 12,443.89 21106 11/14/2022 Internal Service Fund Operations & Maintenance VAN DE POL 12,053.11 ---
Check Total: 24,497.00
21107 11/14/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATIN( 169,293.23 ---
Check Total: 169,293.23
21108 11/14/2022 General Fund Communications VERIZON WIRELESS 560.20 Check Total: 560.20
21109 11/14/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 966.90 21109 11/14/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,357.68 Check Total: 2,324.58
21110 11/14/2022 General Fund Professional Services VVH CONSULTING SERVICES 1,923.00 21110 11/14/2022 SBl-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 5,285.00 21110 11/14/2022 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 7,692.00 21110 11/14/2022 1,2,3-TCP Fund TCP Remediation Project VVH CONSULTING SERVICES 675.00 21110 11/14/2022 General Fund Professional Services VVH CONSULTING SERVICES 2,497.50 21110 11/14/2022 General Fund Professional Services VVH CONSULTING SERVICES 14,310.00 Check Total: 32,382.50
21111 11/14/2022 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 60.01 21111 11/14/2022 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 42.00 Check Total: 102.01 -
21112 11/14/2022 Water Enterprise Fund Special Departmental Expense WATER OPCERT SCHOOL 2,400.00 Check Total: 2,400.00
21113 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 21.12 21113 11/14/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 801.66 21113 11/14/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 81.60 AP-Checks for Approval (11/10/2022 - 1:48 PM) Page 18

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 904.38 ,-
21114 11/14/2022 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
21115 11/14/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 54.92 21115 11/14/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 4.17 21115 11/14/2022 General Fund Special Departmental Expense WINTON HARDWARE 8.04 21115 11/14/2022 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 5.38 21115 11/14/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 1.62 Check Total: 74.13
21116 11/14/2022 General Fund Community Center Deposits YPC 300.00 Check Total: 300.00
---
---
Report Total: 1,128,359.13
AP-Checks for Approval (11/10/2022 - 1 :48 PM) Page 19

CITY OF ATWATER

CITY COUNCIL

ACTION MINUTES
August 8, 2022
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

ROLL CALL:

Present: City Council Member Ambriz, Button, Raymond Mayor Pro Tem Cale, Mayor Creighton

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

No one came forward to speak.

Mayor Creighton adjourned the meeting to Conference Room A for Closed Session at 5:32 PM. Closed Session was called to order at 5:37 PM.

Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (2) Closed Session adjourned at 6:03PM.

City Council Meeting Action Minutes for August 8, 2022 Page 2 REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:07 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Pastor Rich Miller.

INVOCATION:

The Invocation was led by Daniel Perez.

ROLL CALL:

Present: City Council Members Ambriz, Cale, Button, Raymond, Mayor Creighton

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson,
Finance Director Youmara, Public Works Director Vinson, Battalion Chief Ayuso, Deputy City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

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

SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member Raymond moved to approve the agenda as posted.

The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Button, Cale, Raymond, Creighton; Noes: None; Absent:

None. The motion passed.

CEREMONIAL MATTERS:

Oath of Office – Police Officer
Mayor Creighton administered the oath of office to Police Officer Edwin Lopez.

Mayor Creighton called a recess at 6:17 PM. The City Council returned to the dais at 6:22 PM.

City Council Meeting Action Minutes for August 8, 2022 Page 3 Certificate of Recognition – Emily Gallegos
Mayor Creighton and the City Council recognize Emily Gallegos as an All-American Athlete in Track and Field.

Mayor Creighton called a recess at 6:27 PM. The City Council returned to the dais at 6:30 PM.

CONSENT CALENDAR:

Mayor Creighton opened public comment regarding items on the Consent Calendar.

One person spoke regarding the project on Harbor Drive.

Public Comment regarding items on the Consent Calendar was closed.

MOTION: Mayor Pro Tem Cale moved to approve the Consent Calendar as posted.

The motion was seconded by City Council Member Ambriz and the vote was: Ayes:

Ambriz, Button, Cale, Raymond, Creighton; Noes: None; Absent: None. The motion passed.

WARRANTS:

1. August 8, 2022
ACTION: Approval of warrants as listed.

MINUTES: (Planning Commission)

2. June 15, 2022 – Regular Meeting
ACTION: Acceptance of minutes as listed.

3. Awarding a General Services Agreement with Rolfe Construction for Crack Filling Along Harbor Dr (Public Works Director Vinson)
ACTION: Awards a General Services Agreement, in a form approved by the City Attorney, to Rolfe Construction of Atwater, California for crack filling along Harbor Dr, in an amount not to exceed $50,000; authorizes and directs the City Manager to sign and affirm contract change orders up to an additional aggregate of $5,000 (10%); and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.

4. Approving Agreement with Atwater Elementary School District regarding School Resource Officer Program (City Manager Waterman)

City Council Meeting Action Minutes for August 8, 2022 Page 4 ACTION: Approves a three (3) year Agreement, in a form approved by the City Attorney, with Atwater Elementary School District; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.

5. Approving plans and specifications and authorizing advertising and calling for bids for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project (Community Development Director Thompson)
ACTION: Approves the plans and specifications and authorizes advertising and calling for bids for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project, Project Number 19-5, Bid Call Number 714-22.

PUBLIC HEARINGS:

Confirming the Engineer’s Reports and Ordering the Annual Levy for the Lighting and Drainage and Landscape Assessment Maintenance Districts for Fiscal Year 2022/23 (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.

Mayor Creighton opened the Public Hearing for this item.

No one came forward to speak.

The Public Hearing for this item was closed.

City Council Member Button moved to adopt Resolution No. 3332-22 Confirming the Engineer’s Reports and Ordering the Continued Maintenance of the City of Atwater Lighting and Drainage and Landscape Assessment Maintenance Districts and Levy of Assessments for Fiscal Year 2022/23. The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes: Cale, Button, Ambriz, Creighton; Noes: Raymond; Absent: None. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Presentation regarding upcoming City of Atwater Centennial Events (Community Events Coordinator Billings)
Community Events Coordinator Billings provided background information on this item.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman reported that City of Atwater will have an open house for the City of Atwater Administration building on August 16, 2022.

City Council Meeting Action Minutes for August 8, 2022 Page 5 COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the Public Safety Tax and the support of the community.

No one else came forward to speak.

CITY COUNCIL MATTERS:

City Council comments
Mayor Pro Tem Cale spoke regarding driving around the schools and schools opening. Mayor Pro Tem congratulates Officer Lopez and Emily Gallegos for their accomplishments. He also thanked Old Town Atwater and the excitement regarding the building of the Clock Tower.

City Council Member Ambriz spoke regarding staying safe on the roads while children return to school.

City Council Member Button spoke regarding the 100-year events and the community involvement.

City Council Member Raymond spoke regarding the National Night Event at Wal Mart at 5 PM.

Mayor Creighton spoke regarding Jim Heller and the beloved relationship he had with the community.

ADJOURNMENT:

The meeting was adjourned in memory of James Heller
City Council Member Ambriz adjourned the meeting at 6:56 PM. ________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY OF ATWATER

CITY COUNCIL

ACTION MINUTES
August 22, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Pastor Rich Miller.

INVOCATION:

The Invocation was led by Daniel Perez.

ROLL CALL:

Present: City Council Members Ambriz, Cale, Button, Raymond, Mayor Creighton

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson,
Finance Director Youmara, Public Works Director Vinson, Battalion Chief Ayuso, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for August 22, 2022 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member Raymond moved to approve the agenda as posted.

The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Button, Cale, Raymond, Creighton; Noes: None; Absent:

None. The motion passed.

PRESENTATIONS:

Presentation regarding Air Quality Efforts in the San Joaquin Valley (San Joaquin Valley Air Pollution Control District Chief Communications Officer Holt) San Joaquin Valley Air Pollution Control District Chief Communications Officer Holt gave background information on this item.

Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
• Assistant CEO recruiting opened until September 2022
• County and City working on Agreement regarding Castle • Merced County labor force at 6.7%, state is at 3.9%
CONSENT CALENDAR:

Mayor Creighton opened public comment regarding items on the Consent Calendar.

No one came forward to speak.

Public Comment regarding items on the Consent Calendar was closed.

MOTION: City Council Member Raymond moved to approve the Consent Calendar as posted. The motion was seconded by Mayor Pro Tem Cale and the vote was:

Ayes: Raymond, Cale, Button, Ambriz, Creighton; Noes: None; Absent: None. The motion passed.

TREASURER’S REPORT:

1. June 30, 2022
ACTION: Approval of report as listed.

WARRANTS:

2. August 22, 2022

City Council Meeting Action Minutes for August 22, 2022 Page 3 ACTION: Approval of warrants as listed.

3. Resolution amending certain sections of the Personnel System Rules and Regulations pertaining to Medical In-Lieu Program (Deputy City Manager Del Real) ACTION: Adopts Resolution No. 3335-22 amending certain sections of the Personnel System Rules and Regulations to Medical In-Lieu Program.

4. Resolution amending City of Atwater Classification Plan and adopting B-23 effective September 1, 2022 relating to Human Resources Manager Deputy City Manager Del Real)
ACTION: Adopts Resolution No. 3342-22 amending City of Atwater Classification Plan to ass Human Resources Manager classification and adopting Salary Schedule B-23 effective September 1, 2022.

5. Approving First Amendment to the Professional Service Agreement to Data Path Inc of Modesto, California for Augmented Managed Information Technology (IT) Support Services (Public Works Director Vinson)
ACTION: Approves First Amendment to Professional Service Agreement, in a form approved by the City Attorney, to Data Path Inc of Modesto, California for Augmented Managed Information Technology Support Services; and authorize and direct the City Manager to execute the First Amendment on behalf of the City.

6. Record Notice of Completion for 1,2,3 – TCP Remediation Project (Community Development Director Thompson and Public Works Director Vinson) ACTION: Authorize and direct the City Manager to sign a Notice of Completion for 1,2,3 – TCP Remediation Project and have it recorded on behalf of the City.

REPORTS AND PRESENTATIONS FROM STAFF:

Awarding a Professional Service Agreement for the Bellevue Road Reconstruction/Realignment Project Study Report – Project Development Support (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.

City Council Member Raymond spoke regarding the project.

Mayor Creighton spoke regarding the project.

Mayor Pro Tem Cale spoke regarding the project.

MOTION: Mayor Pro Tem Cale moved to Award a Professional Service Agreement

City Council Meeting Action Minutes for August 22, 2022 Page 4 in a form approved by the City Attorney, to Mark Thomas & Company, Inc. of Freson, California, for the Bellevue Road Reconstruction/Realignment Project Study Report – Project Development Support, in an amount not to exceed $190,091.16; and authorizes and directs the City Manager to execute the Professional Services Agreement of behalf of the City. The motion was seconded by City Council Member Button and the vote was: Ayes: Button, Raymond, Ambriz, Cale, Creighton; Noes: None; Absent: None. The motion passed.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the Public Safety Tax and the support of the community.

No one else came forward to speak.

CITY COUNCIL MATTERS:

City Council comments
City Council Member Button had nothing to report.

City Council Member Raymond had nothing to report.

Mayor Pro Tem Cale spoke regarding the Centennial Celebration and congratulated that City on all the events. He congratulated Old Town Atwater for the dedication of the Clock Tower to the City of Atwater.

City Council Member Ambriz spoke regarding the dedication of the Clock Tower from Old Town Atwater to the City of Atwater. He also spoke about registration for Fall softball.

Mayor Creighton spoke regarding the Vendor Fair downtown on August 27th for our last Centennial event.

ADJOURNMENT:

Mayor Creighton adjourned the meeting at 6:24 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY OF ATWATER

CITY COUNCIL

ACTION MINUTES
September 12, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Pro Tem Cale presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Pastor Rich Miller.

INVOCATION:

The Invocation was led by Police Chaplain Jim McClellan.

ROLL CALL:

Present: City Council Members Ambriz, Button, Mayor Pro Tem Cale

Absent: City Council Member Raymond, Mayor Creighton
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson,
Finance Director Youmara, Public Works Director Vinson, Battalion Chief Ayuso, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for September 12, 2022 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member Button moved to approve the agenda as posted.

The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Button, Ambriz, Cale; Noes: None; Absent: Raymond, Creighton.

The motion passed.

CEREMONIAL MATTERS:

Recognition – Completion of Los Angeles Police Department Leadership Program Sergeant Dayton Snyder
Mayor Pro Tem Cale and the City Council Members recognize Sergeant Dayton Snyder for his completion of the Los Angeles Police Department Leadership Program.

Recognition – Police Officer Lee and Police Officer Salazar’s efforts in recent quick thinks and harrowing actions during rescue efforts
Mayor Pro Tem Cale and the City Council Members recognize Police Officer Lee and Police Officer Salazar’s for their recent actions during rescue efforts.

PRESENTATIONS:

Presentation regarding the Young Legislators Program 2022 (Office of Senator Anna Caballero District Representative Westmoreland)
Office of Senator Anna Caballero District Representative Westmoreland gave background information on this item.

Each student in attendance gave a brief introduction and spoke about the program.

CONSENT CALENDAR:

Agenda item #5 under Agreements, “Approve Resolution Number 3343-22 authorizing Budget Amendment No. 2 increasing revenue and appropriations in Fund 1005 Police Grants for Fiscal Year 2022-23. Authorize and approve a Cooperative Purchase Agreement (Purchase Order) with National Auto Fleet Group for the purchase of one (1) 2023 Ford Hybrid Explorer Police Vehicle,” was removed from the Consent Calendar for separate discussion and possible action.

Mayor Pro Tem Cale opened public comment regarding items on the Consent Calendar.

No one came forward to speak.

City Council Meeting Action Minutes for September 12, 2022 Page 3 Public Comment regarding items on the Consent Calendar was closed.

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

WARRANTS:

1. September 12, 2022
ACTION: Approval of warrants as listed.

MINUTES: (Audit and Finance Committee)

2. June 27, 2022 - Regular meeting
ACTION: Acceptance of minutes as listed.

MINUTES: (Planning Commission)

3. July 20, 2022 – Regular meeting
ACTION: Acceptance of minutes as listed.

RESOLUTIONS:

4. Approving Budget Amendment amending the Fiscal Year 2021-22 Budget across various accounts for the year-end budget clean-up (Finance Director Youmara) ACTION: Adopts Resolution No. 3336-22 approving Budget Amendment No. 32 amending the Fiscal Year 2021-22 Budget across various accounts.

AGREEMENTS:

5. Approving Resolution Number 3343-22 authorizing Budget Amendment No. 2 increasing revenue and appropriations in Fund 1005 Police Grants for Fiscal Year 2022-23. Authorize and approve a Cooperative Purchase Agreement (Purchase Order) with National Auto Fleet Group for the purchase of one (1) 2023 Ford Hybrid Explorer Police Vehicle (Police Chief Salvador)
This item was removed from the Consent Calendar for separate discussion and possible action.

Police Chief Salvador provided background information on this item.

City Council Meeting Action Minutes for September 12, 2022 Page 4 AGREEMENTS:

Approving Resolution Number 3343-22 authorizing Budget Amendment No. 2 increasing revenue and appropriations in Fund 1005 Police Grants for Fiscal Year 2022-23.

Authorize and approve a Cooperative Purchase Agreement (Purchase Order) with National Auto Fleet Group for the purchase of one (1) 2023 Ford Hybrid Explorer Police Vehicle (Police Chief Salvador)
MOTION: City Council Member Button moved to approve Resolution 3343-22 authorizing Budget Amendment No. 2 to increase revenue and expenditures in Fund 1005 Police Grants in the amount of $20,000. Authorizes and approves a Cooperative Purchase, Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to National Auto Fleet Group, Watsonville, California, for the purchase of one (1) new Ford Hybrid Police Interceptor Police SUV, in the amount not to exceed $52,528.79; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City

6. Authorizing and approving a Cooperative Purchase, Purchase Agreement (Purchase Order) to National Auto Fleet Group for the purchase of two (2) new 2023 Ford 150 Lightning Crew Cab Pickup trucks (Police Chief Salvador) ACTION: Authorizes approves a Cooperative Purchase, Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to National Auto Fleet Group, Watsonville, California, for the purchase of two (2) new Ford 150 Crew Cab Battery Electric Pickup Trucks, in the combined amount not to exceed $105,545.68; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.

REPORTS AND PRESENTATIONS FROM STAFF:

Approving Contract Change Order to the Design-Build Agreement with W.M. Lyles Co. for 1,2,3 - TCP Mitigation Project (Community Development Director Thompson) Public Works Director Vinson provided background information on this item.

Mayor Pro Tem Cale opened public comment regarding items on the Consent Calendar.

City Council Member Button spoke regarding the change order.

One person spoke regarding the change order and the completion of the project.

Mayor Pro Tem Cale spoke regarding the funding of the change order.

MOTION: City Council Member Ambriz moved to approve Contract Change Order No. 2 to the Design- Build Agreement with W.M Lyles Co. of Fresno, California for the Guaranteed Maximum Price (GMP) of the 1,2,3-TCP Project in the amount of

City Council Meeting Action Minutes for September 12, 2022 Page 5 $311,401, for a total amount of $23,727,209 to compensate for unanticipated cost increases resulting from extreme market conditions affecting the cost of metal components of the work and authorizes and directs the City Manager to execute the Change Order on behalf of the City. The motion was seconded by City Council Member Button and the vote was: Ayes: Ambriz, Button, Cale; Noes: None; Absent:

Raymond, Creighton. The motion passed.

PUBLIC HEARINGS
Waiving the first reading and introducing an ordinance repealing and replacing Chapter

5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code (City Attorney Splendorio) City Manager Waterman provided background information on this item.

Mayor Pro Tem Cale opened the public hearing.

No one came forward to speak.

Mayor Pro Tem Cale continued the public hearing to the next regularly scheduled meeting of September 26, 2022.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman had nothing to report.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the Public Safety Tax and the support of the community.

One person spoke regarding the Public Safety Tax.

No one else came forward to speak.

CITY COUNCIL MATTERS:

City Council comments
City Council Member Ambriz spoke regarding the event recognizing Fire Station 42 at Victory Baptist Church and the greatness of the officers that were recognized this evening both in leadership and heroism.

City Council Meeting Action Minutes for September 12, 2022 Page 6 City Council Member Button thanks Victory Baptist Church for always serving the community. He also thanked our Law Enforcement for their leadership and heroism.

Mayor Pro Tem spoke regarding the trash collection services in the City of Atwater and releasing a “Request for Proposals.” He also spoke regarding the event recognizing Fire Station 42 at Victory Baptist Church.

ADJOURNMENT:

Mayor Pro Tem adjourned the meeting at 6:59 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: November 14, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Awarding an On Call Professional Services Agreements to Independant Investigations LLC and Liest and Associates for Independent Internal Affairs Investigative Services for the Atwater Police Department (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Awards an On Call Professional Services Agreement, in a form approved by the City Attorney, to Independant Investigations LLC and Liest and Associates for Internal Affairs Investigative Services for the Atwater Police Department Starting November 15th, 2022 through December 31, 2023, for an amount not to exceed $25,000; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

Since 2019, the Atwater Police Department has identified a need to use private investigative services to conduct independent investigations into allegations of police misconduct. The value of that decision was validated with the wave of police reform efforts and law passed after the George Floyd Incident in 2020.Small law enforcement agencies like the Atwater Police Department do not possess the resources to conduct these types of investigations. The public demands that these investigations have the highest of integrity and are not connected to the Department. The Police Department has been using private firms to conduct these investigations for the past three years. As the volume of these cases increases, it is now necessary to formalize the relationship between these firms and the Police Department in the form of professional service agreements.

Staff Issued a Bid Call for qualified bidders to perform the service. Liest and Associates and Independent Investigations from Clovis were responsible bidders and met all the Department's criteria.

Staff is recommending that City Council award Professional Services Agreements to Independent Investigations LLC (Exhibit “A”) and Liest and Associates (Exhibit "B"), for

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

Agenda Report - Page 2

Internal Affairs Investigation Services, effective November 15, 2022 through December 31, 2023. Both firms were selected based on demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price, and other specific selection criteria set forth by the Police Department.

II. FISCAL IMPACTS:

The Fiscal Year 2022-2023 Final Budget contains an approved appropriation of $30,000 in the General Fund, Police Administration, Professional Services - Account No. 0001-2020-3030 for Professional Services related to Internal Affairs Investigative Services.

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.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's Strategic Plan: to Ensure the City's Continued Financial Stability..

V. ALTERNATIVES:

City Council could choose to not award contract and direct Staff to bring back additional options.

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 this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public

Agenda Report - Page 3

Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the Professional Services Agreements will be routed for signatures.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit B Professional Services Agreement - Liest and Associates

2. Exhibit A Professional Services Agreement - Independant Investigations

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PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND LEIST AND ASSOCIATES
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Leist and Associates a California Corporation, (“Professional”) as of September 1, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

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

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2023. 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.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $25,000 notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B,

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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
 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 the requirements above to pay Professional.

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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, 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 zero dollars ($0). 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 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.

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

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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 ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

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

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

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

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

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

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

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

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

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

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

4.3 Professional Liability Insurance.

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

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

4.4 All Policies Requirements.

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

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

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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.

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

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 Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

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

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

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

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

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

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

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

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

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

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Section 10. KEEPING AND STATUS OF RECORDS.

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

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

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

Section 11. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

11.6 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 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 Jeanna Del Real ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Leist and Associates
2491 Alluvial Ave. Suite #9
Clovis, Ca 93611
Any written notice to City shall be sent to:

Lori Waterman, City Manager
750 Bellevue Rd
Atwater, CA 95301

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

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

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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 W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

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

CITY PROFESSIONAL
________________________________ ______________________________ Lori Waterman, City Manager Bill Leist
Attest:
_________________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between February 28, 2022 City of Atwater and Leist and Associates Page 1 of 1

EXHIBIT A

SCOPE OF WORK
Professional promises to provide the services within this Scope of Work:
 Installation of building security system as specified by the City of Atwater  Sufficient materials to fulfill installation as specified by the City of Atwater  Configuration and connection to cloud-based controller software as specified by the City of Atwater

Exhibit B to Professional Services Agreement between February 28, 2022 City of Atwater and Leist and Associates Page 1 of 1

EXHIBIT B

FEE SCHEDULE
Professional promises to perform all services and provide all materials for an amount not to exceed $142,000 for a period of three years.

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND INDEPENDENT INVESTIGATIONS LLC
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Independent Investigations LLC a California Corporation, (“Professional”) as of September 1, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

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

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2023. 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.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $25,000 notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this

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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
 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 the requirements above to pay Professional.

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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, 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 zero dollars ($0). 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 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.

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

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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 ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

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

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

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

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

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

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

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

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

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

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e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

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

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

4.4 All Policies Requirements.

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

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

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endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

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

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

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

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

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

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 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

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

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

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

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

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

Section 6. STATUS OF PROFESSIONAL.

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

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

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

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

Section 7. LEGAL REQUIREMENTS.

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

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

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

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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

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

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

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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

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

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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.

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.

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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 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.

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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 Jeanna Del Real ("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:

Independent Investigations LLC
2491 Alluvial Ave. Suite #9
Clovis, Ca 93611
Any written notice to City shall be sent to:

Lori Waterman, City Manager
750 Bellevue Rd
Atwater, CA 95301

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

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.

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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 W-9 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]

Professional Services Agreement between August 9, 2022
City of Atwater and Independent Investigations LLC

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

CITY PROFESSIONAL
________________________________ ______________________________ Lori Waterman, City Manager Bill Leist
Attest:
_________________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between February 28, 2022 City of Atwater and Independent Investigations LLC Page 1 of 1

EXHIBIT A

SCOPE OF WORK
Professional promises to provide the services within this Scope of Work:
 Installation of building security system as specified by the City of Atwater  Sufficient materials to fulfill installation as specified by the City of Atwater  Configuration and connection to cloud-based controller software as specified by the City of Atwater

Exhibit B to Professional Services Agreement between February 28, 2022 City of Atwater and Independent Investigations LLC Page 1 of 1

EXHIBIT B

FEE SCHEDULE
Professional promises to perform all services and provide all materials for an amount not to exceed $142,000 for a period of three years.

CITY COUNCIL

AGENDA REPORT

MEETING DATE: November 14, 2022
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief
PREPARED BY: Robert Ayuso, Battalion Chief
SUBJECT: Approving Memorandum of Understanding with the City of Merced for Joint Self-Contained Breathing Apparatus
Purchase through Assistance to Firefighters Grant (CAL FIRE Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Approves the Memorandum of Understanding, in a form approved by the City Attorney, with the City of Merced regarding a Joint Self-Contained Breathing Apparatus Purchase through the Assistance to Firefighters Grant; and authorize and direct the City Manager, or her designee, to execute any and all documents related to the Memorandum of Understanding and Assistance to Firefighters Grant submittal on behalf of the City of Atwater.

I. BACKGROUND/ANALYSIS:

Staff is requesting the approval of the Memorandum of Understanding (MOU) with the City of Merced for joint Self-Contained Breathing Apparatus (SCBAs) Purchase through the Assistance to Firefighters Grant. The Merced Fire Department and the Atwater Fire Department are committed to working together in providing the best emergency services. Both Parties recognize and agree that decreasing costs and improving interoperability help achieve better services. The primary objective of this MOU is to establish a purchasing group (“Purchasing Committee”) for the purpose of replacing SCBAs that are at the end of their service life. The Purchasing Committee will also obtain new Rapid Intervention Team (“RIT”) packs, additional masks, and other maintenance equipment.

By enacting this MOU, it will allow the City to purchase new SCBA's through a Regional Grant jointly with the City of Merced should it be awarded.

II. FISCAL IMPACTS:

If awarded, the City of Atwater would provide a required cash match in the amount of ten percent (10%) of the total cost of its requested items as detailed in the Regional Application, and as required under the regional AFG program guidelines. The current "estimated" grand total of all SCBAs for the Atwater Fire Department is $303,703 and

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

Agenda Report - Page 2

the 10% cash match would be an estimated $30,370.30. The required cash match shall be made within thirty (30) days after receipt of an invoice from the Lead Agency (Merced Fire Department), in advance of equipment procurement. In the event of a reduced award, accept the reduced amount and provide a ten percent (10%) cash match on the total reduced award amount of its approved items. If awarded, it will come back to council to approve the award and identify the GL account to be coded to. 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:

The Atwater Fire Department and City Manager's Office will be coordinating the application submittal with the Lead Agency (Merced Fire Department).

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, the Atwater Fire Department will coordinate with the City Manager and Lead Agency (Merced Fire Department) to prepare and submit the application.

Submitted by: /s/ Bobby Ayuso, CAL FIRE Battalion Chief Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. Draft SCBA MOU with Merced City

MEMORANDUM OF UNDERSTANDING
Between
City of Merced and City of Atwater
For Joint Self-Contained Breathing Apparatus Purchase
Through the 2022 Assistance to Firefighters Grant
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into by and between the City of Merced and the City of Atwater for the purposes set forth below.

RECITALS
WHEREAS, the fire department of the City of Merced (“Merced Fire Department”) and the fire department of the City of Atwater (“Atwater Fire Department”) are committed to working together in providing the best emergency services across the urban population of the County of Merced; and
WHEREAS, the parties recognize and agree that decreasing costs and improving interoperability help achieve better services; and
WHEREAS, Merced Fire Department desires to submit an application for Fiscal Year 2022 Assistance to Firefighters Grant (“AFG”) Program (“Regional Application”) for funding, issued by the U.S. Department of Homeland Security, Federal Emergency Management Agency, and Grant Programs Directorate (collectively referred to as “Grantor”), on behalf of itself and Atwater Fire Department to purchase self-contained breathing apparatus (“SCBA”) and other supportive equipment for joint department use; and
WHEREAS, Merced Fire Department shall be known as the “Lead Agency” that applies for the AFG, and Atwater Department shall be known as the “Partner Agency” to benefit under the AFG; and
WHEREAS, an MOU between the Lead Agency and the Partner Agency must be executed and included within the Regional Application for consideration by Grantor.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, the Lead Agency and the Partner Agency agree as follows:

AGREEMENT

1. OBJECTIVE OF MOU
The primary objective of this MOU is to establish a purchasing group (“Purchasing Committee”) for the purpose of replacing SCBAs that are at the end of their service life. The Purchasing Committee will also obtain new Rapid Intervention Team (“RIT”) packs, additional masks, and other maintenance equipment. Specific allocations of equipment and cost estimates, including agency matching requirements, as are follows:
2022 AFG SCBA Grant Count
Grant Cost (including 8.25% tax) Agency Match Dept Pack Mask RIT Pack Mask RIT Equip Total Portion 10% Merced
Fire
Atwater
Fire
The formation of the Purchasing Committee will achieve critical benefits, such as improved interoperability, increased purchasing power that will lower the unit pricing, better customer support from the manufacturer, and a thorough evaluation of the units in the marketplace. Most importantly, long-term benefits will be the support that the Lead Agency provides to the Partner Agency in servicing units and reducing duplication of equipment.

2. OBJECTIVE OF REGIONAL AFG SCBA PURCHASE
The primary objective of the AFG SCBA purchase is to increase the Central Valley’s regional interoperability and to enhance the local capabilities of each community, therefore enhancing national capabilities.

3. RESPONSIBILITIES OF THE PARTIES
The Lead Agency agrees to submit the Regional Application for the AFG, to manage the funds from the grant award, to ensure that a competitive and fair purchasing process is followed, and to initiate the purchase with the vendor after receiving direction from the Purchasing Committee.

The Lead Agency further agrees to:
 Provide funding for ten percent (10%) (agency match) of the matching cost for equipment to be purchased.

 Oversee the grant implantation and coordinate with the Grantor.  Act as the fiscal agent for the grant to:
o Invoice Partner Agency for cost share of equipment.
o Arrange payment to vendor.
o Prepare and submit fiscal and program reports for Grantor. o Audit and track grant funds and deliverables.
 Manage grant activities, including but not limited to, project and fiscal reports for Grantor.
 Coordinate with the Partner Agency throughout the grant term.  Receive input from the Partner Agency before making the final determinations of SCBA equipment to be ordered.
 Coordinate procurement of the SCBA equipment and make final procurement decisions.
 Procure the SCBA equipment in compliance with local and federal procurement laws, policies, and requirements.
 Deliver the SCBA equipment to Partner Agency.
 Maintain documentation of any changes to the award and/or distribution, compared to the original application.
 Ensure payment and compliance of all partners included in the grant.  Ensure that all other activities conducted under this MOU comply with the applicable terms of this MOU, the Notice of Funding Opportunity (“NOFO”), grant award agreement, federal regulations, laws, and Executive Orders.

The Partner Agency agrees to collaborate with the Lead Agency on a Purchasing Committee that shall be tasked to evaluate different SCBA manufacturers, equipment pricing, and more. The purpose of the Purchasing Committee is to reach a consensus on which vendor receives the winning bid.

The Partner Agency agrees to:

 Provide a required cash match in the amount of ten percent (10%) of the total cost of its requested items as detailed in the Regional Application, and as required under the regional AFG program guidelines.
 The required match shall be paid by the Partner Agency within thirty (30) days after receipt of an invoice from the City of Merced, in advance of equipment procurement.
 In the event of a reduced award, the Partner Agency agrees to accept the reduced amount and provide a ten percent (10%) cash match on the total reduced award amount of its approved items.
 The Partner Agency will provide the following assigned liaison(s):
o Project Lead: Primary point of contact responsible for SCBA equipment. o Fiscal Lead: Contact responsible for accounting, fiscal reporting, and payments.
 Promptly provide any additional documentation to Merced Fire Department, as requested and as necessary in connection with the AFG.
 Ensure all documents demonstrating programmatic completion are completed in a timely manner, are accurate, and forwarded to the designated Merced Fire Department contact.
 Maintain all SCBA equipment and grant records, files, and supporting documentation in the event of an audit for three (3) years after the official closeout.
 Ensure that all activities comply with all applicable terms of this MOU, NOFO, grant award agreement, federal regulations, laws, and Executive Orders.

4. DURATION OF MOU
This MOU will be in effect from the date of signing until either (i) the parties receive notification that the grant was not successful or (ii) the grant is received, and the units have been distributed to each agency. It is expected that all work can, and will, be completed within one (1) year of the grant award.

5. TERMINATION
If a party wishes to terminate this MOU prior to accepting the grant, the withdrawing party must provide a written notification to the other party immediately for consideration due to time restraint. If a party wishes to terminate this MOU after the grant has been accepted, termination shall be dependent on the restrictions and processes set forth

and enforced by FEMA. If termination after grant-acceptance is permitted, the withdrawing party shall be solely responsible for any and all penalties associated with the withdrawal.

6. AMENDMENTS
This MOU may be amended at any time by written agreement of both parties. Such requests will only be approved if the proposed change(s) is/are consistent with the purpose of this MOU and/or achieve the goals set forth in this MOU.

7. HOLD HARMLESS AND INDEMNIFICATION
Each party to this MOU shall protect, indemnify, and hold harmless the other party and its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever that arise from actions by such party or its officers, agents, employees, and/or its subcontractors pursuant to this MOU. Each party shall defend, at its own expense, all claims, demands, suits, penalties, losses, damages, or costs brought forth, arising out of, or incidental to such party’s execution and performance of, or failure to perform under this MOU.

8. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this MOU is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.

9. NOTICES
All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second (2nd) business day following date of mailing, if properly mailed and addressed. Notices and payments sent via certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmarked affixed by the United States Postal Service shall be conclusive evidence of the date of mailing.

Any notice required or permitted under this MOU shall be deemed sufficiently given or served if sent to the parties at the addresses provided:

CITY OF MERCED CITY OF ATWATER
Derek Parker Bobby Ayuso
Fire Chief Battalion Chief
Merced Fire Department Atwater Fire Department

99 E. 16th St 3500 N. Apron Ave.

Merced, CA 95340 Atwater, CA 95301
(209) 388-8541 (559) 706-8804

10. ENTIRE AGREEMENT
This MOU constitutes the entire agreement between the parties. There are no terms, obligations, covenants, or conditions other than those contained herein. No modifications or amendments of this MOU shall be valid or effective unless evidenced by an agreement in writing signed by all parties.

11. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable laws, rules, and regulations pertaining to them in connection with the matters covered herein. This MOU shall be deemed to be made and construed in accordance with the laws of the State of California. Jurisdiction and venue for any action arising out of this MOU shall be in Merced County, California.

IN WITNESS WHEREOF, this MOU is executed by each party on November 15, 2022.

CITY OF MERCED CITY OF ATWATER
EIN: EIN:

Stephanie Dietz, City Manager Lori Waterman, City Manager Derek Parker, Fire Chief Bobby Ayuso, Battalion Chief
APPROVED AS TO FORM:

Travis Lindsey, City Attorney

CITY COUNCIL

AGENDA REPORT

MEETING DATE: November 14, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving Letter of Commitment and Contract between the City of Atwater and Pacific Gas and Electric (PG&E) to join the PG&E Fleet Electrification program (Police Chief Slavador and Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approving Letter of Commitment and Contract, in a form approved by the City Attorney, between the City of Atwater and Pacific Gas and Electric (PG&E) to join the PG&E Fleet Electrification program; and authorizes and directs the City Manager to sign any related documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Police, Administration and Public Works Departments have been using plug-in hybrid vehicles since 2019 to great success. This experience has moved the departments to propose the use of battery electric pickup trucks in specialized situations to reduce air pollution and decrease fuel and maintenance costs. The Council has taken actions this fiscal year that authorized the purchase of 5 Ford Lightning battery electric pickups for both the Police and Public Works Departments. They are scheduled to be delivered in 2023. To support this fleet and the current fleet of Plug-In hybrids, the Police Department identified a need for 6 charging stations to be installed in the secure parking lot of headquarters. The Police and Public Works Departments then teamed up and conducted extensive research into the feasibility of installing six EV charging stations at PD headquarters.

As part of that process, the City engaged PG&E. After talks with PG&E, the City was identified as being eligible for their Fleet Electrification Program. This program incentivizes the installation of the stations and supports site development and infrastructure upgrades at no cost to the City. PG&E does the site work, engineering, and can facilitate the installation of the stations. The maximum amount of incentives available to the City in the program is $114,000. (attachement a)

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

Agenda Report - Page 2

The City must commit, as part of this program, to purchasing 6 medium to heavy duty vehicles over the next three years. The Ford Lightning is a qualifying vehicle. The 5 vehicles that have been authorized help to satisfy the 6 vehicles required purchase, leaving the City with a requirement to purchase one additional qualifying vehicle over the next 3 years.

Staff recommends approval of this item to allow the City to proceed with the electric vehicle charging station project. Project completion is estimated to be completed in the first quarter of 2023.

II. FISCAL IMPACTS:

There is no fiscal impact on joining the program. The Police and Public Works departments will return to the City Council with project budget details prior to the start of construction. The final vehicle that will need to be purchased will be included in future fiscal year budgets.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item furthers the City's Strategic Plan goal\ to insure fiscal responsibility.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

This project will be managed jointly by the Police and Public Works Departments.

VII. PUBLIC PARTICIPATION:

Public Participation will be allowed at the presentation of the item.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

The City Manager or designee will sign the contract. The Police and Public Works Departments will start the project with PG&E.

Submitted by:

Agenda Report - Page 3

Michael Salvador, Police Chief
Submitted by:

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. PG&E Contract (attachment a)

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Cover Letter (06.14.2022 Version) Page 1 of 4
November 3, 2022
City of Atwater Police Department
750 Bellevue Rd
Atwater, CA 95301
RE: FLEET004634324
Congratulations! We are pleased to extend City of Atwater Police Department an invitation to join PG&E’s EV Fleet Electrification program. Upon your completion of the action items below, we will move your project into the design phase and begin the engineering, design and construction plans for 750 Bellevue Rd, Atwater, CA 95301. Please note, future changes to the project scope may change your eligibility for the program.

Included in this contract are the following items:
• Cover Letter
o Offer Descriptions
o EV Charger Rebate
o Preliminary Design (also attached as PDF)
• Letter of Commitment
o EV Deployment Commitment
• EV Fleet Program Terms and Conditions (“Contract”)
• Appendices
o Appendix A: PG&E EV Fleet Program Participant Data Reporting Requirements o Appendix B: CPUC’s Safety Requirements Checklist for CPUC-Approved Transportation Electrification Programs
Immediate Action Items:
• Review the entire document
• Sign and return the Letter of Commitment and Contract • Provide proof of commitment (as defined below) for appropriate vehicles By signing the Letter of Commitment and the Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and acknowledge that:
• I agree to install at a minimum the number of EV Supply Equipment (EVSE or “EV charger”) specified in Exhibit A of the Contract;
• Upon execution of the Contract, PG&E will begin incurring design fees and costs as my project moves forward;
• If I withdraw from the program prior to the site being activated, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Contract, including but not limited to, design cost, site walk costs, etc.;
• PG&E may need to conduct a comprehensive design site walk; • If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel my participation in the program; • If I do not submit required documentation (e.g., signed easement) in a timely manner, then PG&E reserves the right to cancel my participation in the program and recover all costs incurred; and

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Cover Letter (06.14.2022 Version) Page 2 of 4
• My EV chargers meet the Safety Checklist requirements and has networking protocols (as described in Appendix A and Appendix B). I agree to ensure that EVSE network connectivity is in good condition for least five years from the date of activation.

Offer Description
After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for the Make-Ready Incentive Option. PG&E will design, construct, own, and maintain the EV supply infrastructure to the meter only. City of Atwater Police Department will design, build, own, operate, and maintain the EV supply infrastructure behind the meter, hereafter referred to as customer-owned make-ready infrastructure.

PG&E provides an incentive that is equal to the lesser amount of either: (i) 80% of the customer-owned makeready infrastructure costs or (ii) the incentive cap of $24,000.00 as described in the table below.

Below is a summary of the qualified allowance under the make-ready incentive:

EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure Vehicle Type Per Vehicle Incentive # of Vehicles
School Buses, Local Delivery Trucks, or
Other Vehicles
$4,000.00 per Vehicle 6
*** Note: Capped at 25 vehicles ***
Vehicle Type (Total) Incentive (Total) Incentive Total
Total # of Vehicles
6 Lesser amount of either 80% of
the customer-owned make-ready
infrastructure costs or the
incentive cap, as described
above, on a per vehicle basis
Maximum of $24,000.00
EV Charger Rebate
You may also qualify for a rebate of up to $90,000.00, capped at 50% of the purchase cost, for qualified EV chargers for your fleet. EV chargers are only eligible for rebates if they are listed on PG&E’s approved EVSE vendor list at the time of installation. Any EVSE acquired after the EV Fleet Program implementation window (currently 2024) will not be eligible for rebates.

EVSE rebate
Applies to transit buses, school buses, or Premises in a Disadvantaged Community.

Power output Rebate # of EVSE
1 - 50 kW 50% of the cost of EVSEs, up to $15,000.00 per EVSE.
6 Total 99.6 kW Total Capped Rebate Amount of up to
$90,000.00
6 As a reminder, to participate in the EV Fleet program, your EV chargers at a minimum must meet the Safety Checklist requirements (see Appendix B). In addition, the EV chargers must at least meet the following network communications requirements:

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Cover Letter (06.14.2022 Version) Page 3 of 4
• Electric Vehicle Supply Equipment (EVSE) SHALL have metering capability through an internal device and SHALL be able to measure power and usage parameters to enable reporting of the metrics in the Contractor Requirement section.
• After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE SHALL return to its post-configuration state (i.e., SHALL persist communication and registration configurations. This does not include continuing user sessions when authorization is required to start a session).
• EVSE SHALL provide a reset option, which returns the device to its pre-charge state (e.g., card or message- not user accessible).

Preliminary Design
Please note the meter location on the Preliminary Design. Any requests to change the location of the meter may impact site eligibility and could result in cancellation of this contract.

PG&E may opt to utilize existing infrastructure, including existing conduit, in order to minimize project costs as indicated by the word “existing” on any components on the Preliminary Design.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Cover Letter (06.14.2022 Version) Page 4 of 4
Next Steps:

We respectfully request that you return your signed contract as soon as possible. After we receive your signed contract, I will introduce you to your Project Manager, who will lead you through the design and construction process for your site.

Please note that you will need to provide a proof of commitment for a minimum of 2 vehicles for the Contract to complete the next phase of project management. A proof of commitment is any documentation of clear intent to procure and deploy vehicles, e.g., budget approval, grant agreement, request for proposal results, governancebody mandated procurement and deployment etc., in lieu of an actual purchase order provided by a seller.

Thank you for your participation in this exciting program! You are taking an important step to support California’s ambitious climate and air quality goals, and we appreciate that you have elected to work with PG&E to electrify your fleet.

Please contact me if you have any questions.

Regards,
Dean Kunesh
(415) 238-9934
[email protected]
Electric Vehicle Customer Onboarding Specialist
Pacific Gas and Electric Company

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
EV Fleet Letter of Commitment (06.14.2022 Version) Page 1 of 1 EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company November 3, 2022

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Re: Electric Vehicle Deployment Commitment for City of Atwater Police Department Dear Pacific Gas and Electric Company,
City of Atwater Police Department and PG&E have worked together and agreed on a contract under which City of Atwater Police Department purchases electric fleet vehicles and PG&E performs make-ready infrastructure work and, if qualified, provides EV charger rebates and infrastructure incentives.

City of Atwater Police Department has received approval from our internal decision makers and commits to purchase 6 electric vehicles by December 31, 2026. We plan to purchase and deploy the vehicles during the following timeline:

Electric Vehicle Deployment Schedule
Description 2022 2023 2024 2025 2026 Total
Medium Duty Vehicle 0 2 2 2 0 6
By signing the Letter of Commitment and the Contract, City of Atwater Police Department understands that, in accordance with the section titled ‘Vehicle Purchase Plans’, City of Atwater Police Department is responsible for realizing the number and type of EV Fleet vehicles that have been indicated in Exhibit A of the aforementioned Contract regardless of the decision of granting agencies.

If City of Atwater Police Department does not purchase the number of vehicles stated in the section above, PG&E in its sole discretion may require City of Atwater Police Department to reimburse PG&E for costs incurred by PG&E associated with PG&E’s reliance on my commitment to install infrastructure, such as costs of equipment, site design, and installation.

Sincerely,
Customer Signature1
Signature
City of Atwater Police Department
Company Name
Customer Print
Print
Customer SignedDate1
Date
Customer Title1
Title

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 1 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company EV Fleet Program Terms and Conditions (“Contract”)
Definitions
As used in this Contract, the following terms have the following meanings:

Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.

EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers, and associated substructures from the utility distribution system.

Also referred to as “To the Meter” (TTM) infrastructure.

EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, which may include an electrical panel, cable, and conduit necessary to deliver power to the parking space. Also referred to as “Behind the Meter” (BTM) infrastructure.

Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the Premises wiring to the electric vehicle.

EVSE Package: EVSE hardware, software, and network services.

EV Service Provider (EVSP): A company that provides EV charging solutions to Customer, including but not limited to network services, billing, and customer support.

Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.

Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking lots constituting a part of or adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.

Rate Plan: The PG&E electric rate that Customer pays for using EVSE. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs.

Customer: The entity participating in the EV Fleet Program that owns, leases, or manages the Premises where the EVSE Packages are installed. Customer will receive the bill for the energy delivered to the EVSE Package.

Specific Terms
Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will commence on the date Customer’s EVSE Package becomes operational and will continue in effect for ten (10) years thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Customer in writing when the EVSE Package becomes operational.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 2 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company Ownership: Customer has two options for ownership of EV Supply Infrastructure. Ownership of other components is listed below for reference. Sections in this Contract labeled “Customer Owned EV Supply Infrastructure” or “PG&E Owned EV Supply Infrastructure” will apply depending on the ownership option a Customer selects. Customer should indicate their ownership option in the Cover Letter provided to the customer. All other terms are common to both ownership options.

EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection. PG&E may opt to utilize existing infrastructure, including customer-owned conduits, in order to minimize project costs. This will be indicated in the accompanying Preliminary Design.

EV Supply Infrastructure: Customer has two options for EV Supply Infrastructure ownership:

1. PG&E Owned: PG&E constructs, owns, and maintains the EV Supply Infrastructure. PG&E covers costs in accordance with CPUC requirements.

2. Customer Owned: Customer is responsible for construction and maintenance of EV Supply Infrastructure and receives an incentive in accordance with CPUC requirements.

EV Supply Equipment (EVSE): Customer always installs, owns, operates, and maintains the EVSE.

Selection of EVSE Package: Upon approval of application by PG&E, Customer shall select and procure an EVSE Package from the PG&E approved list of qualified vendors. PG&E will share qualified vendor list with Customer. Customer shall install, operate, and maintain the number and type of the EVSE Package, associated equipment, and signage as selected by Customer and approved by PG&E. Customer acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials, or workmanship of the EVSE Package. Customer agrees that PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion, Customer may use an EVSE Package that is not on the approved list of qualified vendors. If EVSE Package is not on the approved list of qualified vendors, EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to this Contract, as applicable. Customer agrees to provide all information requested by PG&E about non-approved EVSE Packages, including but not limited to technical and safety specifications.

EVSE Rebate: Customer may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Customer provides proof of purchase of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3) the EVSE is operational. Any EVSE acquired after the EV Fleet Program implementation window (currently 2024) will not be eligible for rebate.

Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet Program, the EVSP selected by Customer may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional EVSP services, will not be borne by PG&E, unless they are complementary services necessary to support the EV Fleet Program objectives and are approved by PG&E in writing.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 3 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company EV Drivers’ Right to Access: Customer shall not restrict access to or use of the EVSE for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. However, Customer may decide to make the EVSE available only to its employees, tenants, or lessors; under the terms of the EV Fleet Program, Customer decides whether to make the EVSE available to other 3rd parties.

Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. Customer understands and accepts that such standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Customer understands and accepts that changes to initial design representations may occur during the design, construction, and operational phases of the EVSE as may be dictated by design constraints, by law or regulation, or by local jurisdictional authorities.

Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing easements when possible to minimize encumbrances on Customer property. If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required when Customer application is evaluated and will communicate that to Customer. If Customer does not wish to grant an easement for one or more Premises, PG&E may remove those Premises from the EV Fleet program. If Customer accepts easement requirements, Customer agrees to grant PG&E an easement for the installation of EV Service Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to serve Customer, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained without cost to PG&E. Customer agrees to sign and return easement to PG&E within 30 days of receipt. If the Customer does not respond within 30 days, PG&E reserves the right to rescind Customer’s participation in the EV Fleet Program. Upon termination of the Contract, PG&E shall upon written demand therefor execute and deliver to Customer a good and sufficient quitclaim of said easement and right of way or such portion thereof conveyed in this document, at Customer expense.

EVSE O&M: The Customer is required to maintain the EVSE for the Term. Customer will pay all O&M costs associated with the EVSE. Customer shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Customer shall maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises. Customer will immediately shut down chargers if there is a safety issue.

Billing: Customer will be the PG&E Customer and will be served according to the applicable Rate Plan. As the Customer, Customer will be responsible for paying the PG&E bill.

Compensation: Under no conditions shall Customer or EV Drivers receive compensation of any kind (including but not limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for participation in any way as part of the EV Fleet Program, including but not limited to: easements, use of data for lawful purposes, loss of business activity during construction or maintenance activities, or any other inconvenience or loss, without limitation, related to participation.

Changing Rate Plan: Customer may change Rate Plan during the Term but must remain on a retail PG&E rate for the duration of the Term. If Customer switches to a non-retail PG&E rate during the Term, Customer shall bear the full cost and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation.

Reliability: PG&E does not guarantee uninterrupted service. Customer may pursue options to ensure that any impact to Customer operations from potential loss of power is sufficiently mitigated. Customer is responsible for the cost of any supplemental solutions to improve reliability.

Expansion of EVSE Installation: Customer may add more charging ports to their installation in the future, in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Customer must coordinate with PG&E prior to any approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Customer’s expense and its liability.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 4 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company EVSE Replacement: Customer may replace their EVSE during the Term. Customer must notify PG&E ahead of replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary CPUC requirements for the program. If adequate infrastructure does not exist, Customer must request increased capacity in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Customer’s expense and its liability.

Vehicle Purchase Plans: PG&E will work with Customer to understand its fleet electrification plans and may install infrastructure to support future vehicle purchases. In Exhibit A, Customer will provide the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E discretion, during the Term PG&E may request evidence that Customer is operating these vehicles and associated charging in accordance with its electrification plan. If Customer is not operating vehicles consistent with its electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design and installation. Customer may, at any time within the Term request from PG&E projected and final costs associated with this. If Customer wishes to change its plan, Customer must provide a modified plan to PG&E. This modified plan must be mutually agreed upon by PG&E and Customer. Customer may opt to replace these vehicles with similar equipment but must operate the number and type of vehicles outlined in the electrification plan. Vehicles that are leased must be replaced with similar equipment upon termination of the lease duration.

If Customer is not the party responsible for purchasing or leasing the vehicles indicated in Exhibit A, they will acquire and provide such proof from the responsible party including the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. Customer is responsible to provide evidence of vehicle operation and associated charging during this term in accordance with the indicated electrification plans. If vehicles are not operating consistent with the indicated electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design, and installation.

Project Scope: Customer acknowledges that:
• Customer agrees to the high-level project scope listed in Exhibit A; • Upon execution of this Contract, PG&E will begin incurring design fees and costs as Customer project moves forward;
• If Customer withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site walk costs, etc.;
• PG&E will conduct a site walk;
• If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel Customer participation in the program; and • If Customer does not submit required documentation (e.g., signed easement if needed) in a timely manner, then PG&E may grant extensions by request but reserves the right to waitlist Customer application and/or cancel participation in the program.

External Funding Sources: Customer understands that the total infrastructure and EVSE rebate and incentive amounts the Customer receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or otherwise, cannot exceed Customer’s total cost of purchasing the EVSE, installing the EVSE, and constructing the EV Supply Infrastructure.

Customer agrees to keep records of all infrastructure and EVSE incentives and rebates received for Customer’s EV Fleet project. Customer understands that PG&E may request and review said records up to one year after project completion date.

If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or other, of the violation, including the name of the Customer, a description of the project, and details regarding the excessive rebates and incentives.

Customer Owned EV Supply Infrastructure Section
EV Supply Infrastructure Incentive: Customer qualifies for an incentive towards the cost of EV Supply Infrastructure if they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 5 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company requirements. Incentive will be paid after (1) Customer provides proof of actual EV Supply Infrastructure construction cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.

Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service Connection in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection as needed. It will be the Customer’s responsibility to provide a preliminary design of the EV Supply Infrastructure and associated electrical loads so that PG&E can provide the associated EV Service Connection design. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

Installation of EV Supply Infrastructure: The Customer and/or its contractors shall construct the EV Supply Infrastructure and install the EVSE in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements, including PG&E requirements found at www.pge.com/greenbook. The Customer is responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii) installation of the EVSE.

After the EVSE is operational, Customer receives incentive for EV Supply Infrastructure in accordance with terms of this Contract.

EV Supply Infrastructure O&M: If Customer owns the EV Supply Infrastructure, Customer is responsible for O&M of the EV Supply Infrastructure for the Term. Customer will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE and EV Supply Infrastructure o Customer has continued responsibility for O&M of EVSE and EV Supply Infrastructure. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE and EV Supply Infrastructure
o Remove the EVSE and/or EV Supply Infrastructure at Customer’s cost and expense. o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other load or assets, for example building load or solar, PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and abandon facilities in place.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 6 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company PG&E Owned EV Supply Infrastructure Section
Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection and EV Supply Infrastructure as needed. After Customer approval of the preliminary design, PG&E will coordinate with the Customer if there are any proposed material changes. A final design with no material changes from the agreed upon design will be provided by PG&E prior to any installation activities. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. An estimated installation schedule shall be provided by PG&E after execution of required easement and timely selection of EVSE Package. Should the installation schedule require modification, PG&E shall notify Customer within a reasonable amount of time of such changes. PG&E is responsible for the costs to construct the EV Supply Infrastructure. The Customer is responsible for (i) the purchase of the EVSE Package and (ii) installation of the EVSE. Upon completion of installation of the EVSE, the Customer understands and acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure.

Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE
o Customer has continued responsibility for O&M of EVSE. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE
o Remove the EVSE at Customer’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and EV Supply Infrastructure and abandon facilities in place.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 7 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company General Terms
Permission to Use Data: Customer agrees to allow PG&E and its agents and representatives to use data gathered as part of the EV Fleet Program (including usage data from the EVSE and EVSE performance data supplied directly to PG&E from the EVSP) (“Usage Data”) for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations. Usage Data furnished to PG&E by the EVSP will not include any personal information as defined for the purposes of California privacy laws (including the California Privacy Rights Act, as amended(“CPRA”)). Any such personal data will be deidentified (as defined by CPRA) before it is provided to PG&E.

Notwithstanding the foregoing, Customer acknowledges that PG&E is required to disclose location data at census tract or 5- digit zip code level as part of its regulatory obligations to report aggregate data. Although such locations will not be identified as Customer locations in the aggregated and anonymous data disclosed by PG&E, a third party could potentially associate Customer with disclosed locations by reference to other facts and data sources.

Representations: Customer understands that its participation in EV Fleet Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Customer, PG&E, or their affiliates, contractors, vendors, representatives, or designees, nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Customer represents and warrants that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority, and capacity to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required of Customer, and such fee title owner has the ability to grant an easement (if needed).

Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Customer with advance notice of any such changes. Customer has the option to opt out of the Program subject to section “Customer Removal or Termination” below.

Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders, and decisions that relate to or govern its participation in the EV Fleet Program and/or Customer’s interactions with customers in connection with the EV Fleet Program.

Failure to Comply with Terms and Conditions: Without limitation, and to the greatest extent allowed by law, PG&E and Customer reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on the part of Customer or PG&E, whether intentional or unintentional.

Relocations: Should Customer request relocation of EVSE or parts thereof, such relocation shall be per mutually agreeable terms and shall be at sole expense of Customer and in accordance with any EV Fleet Program requirements, laws, regulations, or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Customer shall either amend the easement to include the legal description of the new location or enter into a new easement with PG&E.

PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Customer’s participation in the EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons may include but are not limited to failure to provide or maintain terms of easement, failure to abide by EV Fleet Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s) not in the best interests of the EV Fleet Program or PG&E’s ratepayers.

Customer Removal or Termination: Should Customer request removal or termination of EVSE or parts thereof prior to expiration of the Term, then Customer shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation. Customer may, at any time within the Term, request from PG&E projected and final costs associated with such a removal request. Such costs will include all amounts paid by PG&E, divided equally over a ten-year period (e.g., if amounts total $100k and Customer leaves after 1 year it is responsible for $90k). If the Customer wishes to assign its rights and obligations of this Contract to a new Customer prior to the expiration of the Term, the new Customer may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not to be unreasonably withheld.

Indemnification: Customer shall indemnify, hold harmless, and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Customer; (ii) injury to property or other interests of

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 8 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company PG&E, Customer, or any third party; (iii) violation of a local, state, or federal common law, statute, or regulation, including but not limited to environmental laws or regulations; or (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Customer’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees.

Customer shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Customer shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification language in its contract with any third party who PG&E may send to perform work on Customer’s physical site. PG&E agrees to work closely with Customer on any concerns that may arise related to the party who will perform work on Customer’s physical site.

Insurance Requirements: Customer shall procure, carry, and maintain the following insurance coverage, and Customer is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:

A. Personal Liability

1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property damage and personal injury.

2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents, and employees with respect to liability arising out of work performed by or for the Customer; b) Be endorsed to specify that the Customer insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

B. Workers’ Compensation and Employers’ Liability

1. Workers’ Compensation insurance or self-insurance indicating compliance with any applicable labor codes, acts, laws, or statutes, state or federal, where Customer performs Work.

2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.

C. Commercial General Liability

1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage “occurrence” form, with no coverage deletions.

2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal injury.

3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of or connected with the Work performed by or for the Customer. (ISO Form CG2010 or equivalent is preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of the work performed by or for the Customer are additional insureds under a blanket endorsement.”; b) be endorsed to specify that the Customer’s insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 9 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company D. Documentation Requirements

1. Customer shall have all insurance in place before beginning any Work. Upon request, Customer shall furnish PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer to issue certificates of insurance and endorsements on its behalf.

2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the above-described policies are cancelled before the stated expiration date.

3. PG&E may inspect the original policies in Sections A or B or require copies at any time. Customer/Owner may redact non-essential exposure information from copies.

4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E that the insurance limits are sufficient, nor do these requirements in any way limit Customer’s liability under this Contract.

5. Upon request, Customer shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E requires of Customer.

Dispute Resolution: After attempting in good faith to resolve a dispute, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. All negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference.

No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise, or association, nor shall this Contract render PG&E and Customer liable as partners, co-ventures, or principals.

Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction, PG&E and Customer shall negotiate an equitable adjustment in the provisions of this Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provisions or application of any of the provisions of the Contract.

Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements, or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties, or representations with respect to the subject matter of this Contract.

Survival: The provisions of this Contract, which by their nature should survive expiration, cancellation, or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance, confidentiality, document retention, business ethics, and availability of information, shall survive such expiration, cancellation, or other termination.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 10 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of delivery.

If to PG&E:

Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
77 Beale St
San Francisco, CA 94105
Email Address: [email protected]
If to Customer:

Customer CompanyInput (Company Name)
Customer AddressInput (Street Address)
Customer CityZipInput (City, Zip)
Customer NameInput (Name)
The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.

City of Atwater Police Department
Company Name
Pacific Gas and Electric Company
PG&E Company Name
Customer Signature2
Signature
PG&E Signature
Signature
Customer Print2
Print
PG&E Print
Print
Customer Title2
Title
PG&E Title
PG&E Contract Signer Title
Customer SignedDate2
Date
PG&E SignedDate
Date

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Contract version revised 06.14.2022 Page 11 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Atwater Police Department and Pacific Gas and Electric Company

EXHIBIT A

PROJECT SCOPE
750 Bellevue Rd, Atwater, CA 95301
Project Deployment Summary
Vehicle Summary
Electric Vehicle Deployment Schedule
Description 2022 2023 2024 2025 2026 Total
Medium Duty Vehicle 0 2 2 2 0 6
Charger Summary
Description 2022 2023 2024 2025 2026 Total

16.6 kW 0 6 0 0 0 6 EVSE
Anticipated Load
(kW) 0 kW 99.6 kW 0 kW 0 kW 0 kW 99.6 kW
Service Description
Main Service Size (Amps) 400
Voltage and Phase 120/208V Three Phase

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Appendix A
Appendix A

PG&E EV FLEET PROGRAM PARTICIPANT DATA REPORTING REQUIREMENTS EV Fleet program participants are required to provide site, equipment, and utilization data for at least 5 years from the time chargers are operational.

Sites are required to install chargers with Application Program Interface (API) communication capability. Sites with offroad vehicles are excluded from this requirement but must install a separate meter that is dedicated for EV charging.

Below are the data and metrics that may be collected by PG&E through the API. PG&E will contact EVSPs after EVSEs are activated to initiate API testing. Upon activation, Customer must give consent to their EVSP to provide API data to PG&E and its agents and representatives.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Appendix A
Table 1. Data collected from API
Category Metrics
Site
• Pricing Structure ($/kWh, $/hour, subscription, free, flat fee, other) (for public charging stations only)
• Street Address
• City
• State
• Zip Code
Equipment
• EVSE Manufacturer
• EVSE Model
• EVSE Model number
• EVSE Serial Number
• EVSE ID (for public charging stations only)
• Demand Max (Maximum rated kW for each EVSE)
• Number of ports on associated EVSE
• Gateway or non-gateway
Sessions
Data for each charging session that
occurs at the site
• Maximum rated kW of each port
• Start date and time of session
• End date and time of session
• Equipment outages
• Reason for outage
• Date and time of when outage started
• Date and time of when outage ended
• Number of kWh consumed during the session
• Average demand (kW) per session
• Maximum demand (kW) per session
• Total dollar amount charged to the driver for the charging session (for public charging stations only)
• Demand charge ($/kW) (for public charging stations only) • Payment type (for public charging stations only)
• Anonymous unique driver ID for each driver/user
• Vehicle Make
• Vehicle Model
• Vehicle Year
• Vehicle Type (BEV, PHEV)
Session Intervals
15-minute interval data for each
charging session
• Start date and time of interval
• End date and time of interval
• Number of kWh consumed during the session interval
• Average demand (kW) per session interval
• Maximum demand (kW) per session interval
Port Intervals
15-minute interval data for each port
each day (96 intervals/port/day)
• Start date and time of interval
• End date and time of interval
• Number of kWh consumed during the interval
• Average demand (kW) per interval
• Maximum demand (kW) per interval

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Appendix B
Appendix B
CPUC’S SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS

Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS
[Note: Each sponsoring utility must ensure that the following Pre-construction, Construction, and Operational standards are met and report on their compliance at quarterly Program Advisory Council meetings. These requirements are the minimum safety precautions the utilities should meet.]
Terminology Defined1
Acronym Definition
EV Electric Vehicle
UL Underwriters Laboratory
EVSE Electric Vehicle Supply Equipment safely connects the AC electricity grid at a site to the EV. Sometimes used more broadly to refer to the charging equipment, not including the make- ready infrastructure or other charging
infrastructure. May include multiple connectors to charge several EVs or to serve EVs with different types of
connectors (e.g., SAE CCS and CHAdeMO)
SAE Society of Automotive Engineers
ADA Americans with Disabilities Act
AHJ Authority Having Jurisdiction, as defined by Article 100 of the 2017 National Electric Code: An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.2
J-1772 Standard An SAE standard for electrical and physical interface to facilitate a safe connection from the EVSE for conductive charging
1 See D.18-01-024 at Appendix A.
2 2017 NEC Article 100, Definitions, includes an informational note regarding AHJ: “The phrase ‘authority having jurisdiction’ or its acronym AHJ, is used in National Fire Protection Association (NFPA) documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction.”

Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B
Acronym Definition
Level 1 Charging Charging via AC electrical connection at 120 volts and up to 16 amps, or 1.9 kW.

Level 2 Charging Charging via AC electrical connection at 208 volts or 240 volts at up to 80 amps.

DC Fast Charging Charging via DC electrical connection using off-board AC/DC equipment at a fast rate. Not all EVs have this connector.

CHAdeMO and/or CCS Charging Connector
Standards
Three are three types of standard charging connectors for Direct Current Fast Charging. Vehicles capable of DC fast charging will have one of these ports on the vehicle. Other nonstandard connectors include Tesla and BYD. Most public DCFC currently deployed in California includes standard CHAdeMO and/or CCS Type 1 charging connectors.

IOU(s) Investor Owned Utility(ies)
EVITP Training The Electric Vehicle Infrastructure Training Program provides electricians with training for the installation of EVSE. EVITP is a collaboration of industry stakeholders, including automakers, EVSE manufacturers, educational institutions, utility companies, and electric industry professionals. More information is available at https://evitp.org.

NRTL Nationally Recognized Testing Lab
Pre-construction: These EV charging equipment safety requirements must be specified in procurement documents:

1. Charging equipment must be certified by a Nationally Recognized Testing Lab (NRTL).

2. Infrastructure must comply with applicable safety performance requirements associated with the type of TE infrastructure being installed.
• For light-duty vehicles, compliance with the Society of Automotive Engineers (SAE) J-1772 Standard for Level 1 or Level 2 charging. Compliance with CHAdeMO and CCS for DC fast charging would be appropriate evidence of compliance with this requirement. • For other types of TE infrastructure, including any nonstandardized EVSE, the following basic connector safety measures will be required:
• A passing EVSE safety performance evaluation report performed by a Nationally Recognized Testing Lab (NRTL);
• When not connected, the vehicle inlet and the EVSE connector must be designed to prevent direct contact with any live components;
• The vehicle inlet and EVSE connector shall be free of sharp edges and potentially injurious protrusions; • The coupler between the vehicle and the EVSE should avoid or mitigate any potentially hazardous conditions such as fires, electrical shock to users, or other personal injuries.

3. Infrastructure and its planned installation must comply with California Electrical Code Article 625.1

4. Infrastructure and its planned installation must comply with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and California Building Code Chapter 11B, 2 if applicable, per the AHJ where the EVSE will be installed, unless the appropriate waiver is obtained from local authorities. 2 California Electrical Code Article 625 covers Electric Vehicle Charging System safety and standards as installed in place.

California Code of Regulations, Title 24, Article 625.
3 California Building Code Chapter 2 includes definition associated with electric vehicle charging stations. CBC Chapter 11B defines requirements for ‘Accessibility to Public Buildings, Public Accommodations, Commercial Buildings, and Public Housing.’

Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

5. Outdoor-mounted EVSE must be rated to be installed for outdoor use.

6. For utility infrastructure work on the customer side of the meter, contractors must provide proof of EVITP Certification prior to construction.

7. Contractors must provide the utility proof of a full site assessment, including the appropriate load calculations to ensure existing infrastructure can accommodate additional EV load, or that appropriate infrastructure upgrades will be completed.

During Construction:

1. All utility infrastructure work on the customer side of the meter not performed by employees of the IOUs shall be performed by fully licensed electricians. For commercial installations, all electrical contractors should hold a valid C-10 contractor’s license.

2. Installations will be designed per Article 625 of the California Electrical Code.

Operational Safety:

1. Overcurrent protection associated with utility transformers and distribution circuits that feed power to the charging stations.

2. Overcurrent protection in the meter pedestal/circuit breaker panel that feeds each of the charging stations.

3. Bollard equipment protection installed where appropriate as defined by utility design standards and AHJ requirements.

4. Concrete parking stops to protect equipment where appropriate as defined by utility design standards and AHJ requirements.

CITY COUNCIL

AGENDA REPORT

MEETING DATE: November 14, 2022
TO: Mayor and City Council
FROM: Janell Martin
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Amending the City's Records Retention Schedule (Deputy City Clerk Martin)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3354-22 Approving Revisions to the City’s Records Retention Schedule.

I. BACKGROUND/ANALYSIS:

The Records Retention Schedule was developed to establish policies and procedures for the efficient and economical management of the creation, utilization, maintenance, retention, preservation and disposal of City records, based on federal and state statutes governing public records. In addition, the schedule ensures that responsible records management is practiced within the City organization, serving the best interest of the City and the community. To ensure that the list of records and retention periods are current and comply with the latest legal requirements, the schedule should be reviewed and updated on a regular basis.

An update to the current Records Retention Schedule is necessary to ensure effective record management and to minimize the risk that comes with retaining a voluminous amount of outdated records, which is no longer of any benefit for the City to retain. This update will allow for outdated records to be properly destroyed and will also free up storage space to ensure the accurate and proper storage of current and new city records.

This update will also allow for the transition from paper records storage to digital records storage consistent with Government Code 34090.5. By adopting the attached Resolution, the City Council will approve the proposed revisions to the Records Retention Schedule, digital records conversion, and processes for both as outlined in EXHIBIT “A”.

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

Agenda Report - Page 2

II. FISCAL IMPACTS:

Approving revisions to the Records Retention Schedule will have no fiscal impact to the City. 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:

The City’s current Records Retention Schedule was adopted on August 10, 2020 by Resolution No. 3170-20. The revisions proposed would update the retention period of some City records, their storage, and disposal. This action is consistent with the City’s Strategic Plan of improving internal and external communication, along with optimizing organizational structure.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item was coordinated by the City Clerk's Department and other departments to ensure proper retention of records.

VII. PUBLIC PARTICIPATION:

The public will have the opportunity to speak prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a project under provisions of Section 21065 of the Public Resources Code therefore not subject to analysis pursuant to the California Environmental Quality Act (CEQA) as this action will not directly or indirectly significantly affect the physical environment.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council adoption of Resolution No. 3354-22, the City Clerk’s Office will make the necessary revisions to the City’s Records Retention Schedule and coordinate with the City Attorney to administer the destruction of records pursuant to the resolution.

Submitted by:

Agenda Report - Page 3

Janell Martin, Deputy City Clerk
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A - Revised City of Atwater Records Retention Schedule

2. 3354-22 Amending the Records Rentention Schedule

EXHIBIT “A”
1 CITY OF ATWATER RECORDS RETENTION SCHEDULE

RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Abandonments 34090a: PERM PERM Bldg condemnation/demolition Abandonments/Vacations/Closures
(streets, alleys)
34090: PERM PERM
Abandonments/Vehicles 34090d: Close + 2y Close + 2y
Accident Reports (copies) 34090: Close + 2y Close + 3y Memos & working documents, both patrons & employees
Accounts· Payable & Receivable 34090: Audit + 2y Audit + 4y Invoices, Check copies, Support documents, etc
Activity Reports-Police 34090: Current + 2y Current + 3y Address Files 34090: 2y 25y/Review Misc. Correspondence: 5y Administrative: A-Z Files (all depts) 34090: Current + 2y Current + 3y If not attached to agreement or project file; internal working files
including correspondence
Agencies & Organizations files (external) 34090: 2y 3y
Agenda packets (backup material) 34090d: Current + 2y 4y City Council, Commissions, Boards, Committees
Agendas 34090: Current + 2y 4y City Council, Commissions, Boards, Committees
Agreements ...SEE Contracts ---
Annexation Master Index 57325: no retent; 34090: 2y 50y/Review (Indefinite retent)
Indexes = LONG-TERM
Annexation/Application Records 57325: no retent; 34090: 2y Action + 3y SEE other Annexation records Annexation/Legal description, Map &
Case files
57325: no retent; 34090:

PERM
PERM SEE other Annexation records
Annual Financial Report (Dupl) 34090.7: 2y 2y or while useful May be Reference Annual Financial Report, Official 34090: Audit + 7y PERM Maintain @ Finance Annual Report/Survey, Compl 34090: 2y 10y/Review Hist Value Application, Employment SEE Personnel, PreEmployment Records Applications - Commissions, Boards,
Committees
34090: Close + 2y Close + 2y Not Selected

EXHIBIT “A”
2 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Applications - Commissions, Boards,
Committees
34090, 40801: Term + 5y Term + 5y Selected
Applications - Utility Connections,
disconnections, etc.
34090: Close + 2y Close + 2y
Appraisals 6254(h), 34090: Close + 2y Critical date + 4y Exempt until final acquisition, contract agreement obtained or
condemnation filed
Assessment Districts SEE Maintenance Districts
Assessors Muni Rolls (DUPL) 34090: 2y 2y
Audits 34090: PERM PERM Maintain @ Finance
Audit hearing or review; Annual financial
report
34090, OMB A-128: Audit +
2y
Audit + 2y Documents created &/or
received in connection w/an audit
hearing or review
Audit Reports 34090, OMB A-128: Audit +
4y
Audit + 5y Internal and/or external
Audit reviews, periodic (internal &
external)
34090, 6250: Current Current Daily, weekly, monthly, quarterly or other summary, review,
evaluation, log, list, statistics,
except a report
Bacteriological/Chemical Tests 40 CFR 141.33: Current + 10y
Current + 10y Compliance records include
location, date, method & results;
corrections, analysis of bacterial
content
Bank Statements and Reconciliations 34090, 26 CFR 16001-1:

Audit + 4y
Audit + 5y Statements, summaries for
receipts, disbursements &
reconciliations
Ballots, Prop 218 (Assessment Districts) CA Const Art 13 PERM Property related fees, assessment/maint district ballot
proceedings
Benefit Plan Claims 25105.5, 6250 et seq.,
OMB A-129, 29 CFR
1602.30; Labor Relations
Section 1174: Close + 5y
Close + 7y May include dental disability,
education, health, life & vision
(incl. dependent care &
employee assistance)
Bid Files / proposals
RFQs & RFPs*
34090; CCP 337: Close +
2y (unsuccessful)
Close + 2y if
unsuccessful; Audit +
5y if successful
*Audit + 4y
Billing Records/Utilities 34090: Audit + 2y Audit + 3y Customer name, service address, meter readings,
correspondence, complaints,
cancellations, etc.

Blueprints, specifications 34090d: Close + 2y Close + 3y Submitted by contractors w/application for permit & builds
for Cert. Of Occupancy
Bond Account statements,
Administration, Development, Final Bond
Documentation
34090, CCP 337.5: Close +
10 Y
Close + 10 Y Monthly transaction statements,
supporting docs; Housing &
Industrial Development
Bond Documents (Paid / Canceled) 53921, 34090: Close + 2y Duration of Bond + 3y Bonds, Insurance CCP 337.2, 343: PERM PERM Bonds & Ins. Policies insuring city property & other assets

EXHIBIT “A”
3 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Bonds, Personnel Fidelity 34090: Termination + 2y Term of Employment + 2y
Employee fidelity bonds
Bond Documents - Housing, Revenue CCP 337: Close + 4y Close + 5y Bonds, Security 34090: Close + 2y Close + 3y Documentation created &/or received in connection w/the
performance of work/services for
the city, or for parcel maps &
subdivision work
Bridges & overpasses - Reports 34090: L Life of structure Brochures, Publications, Newsletter,
Bulletins
34090: Superseded + 2y Superseded + 2y
Budget (Accounting), Adjustments,
Journal Entries
34090: Audit + 2y Audit + 2y Includes account transfers Budgets, DUPLICATES 34090.7: 2y 2y May be reference
Budgets, proposed 34090: Current + 2y Current + 2y Presented to Council Budgets, record copies PERM Annual operating budget
approved by Legislative Body;
Maintain @ Finance
Budgets, Working files 34090; Fin code:

Superseded
Superseded + 1Y Departmental Reference
Building Description Forms, Compl 34090: 2y 50y/Review Hist Value Building Insp Cards 34090d: Close + 2y Completion + 3y Will be in Permits System, GIS Building Inspection Logs (books) 34090d: Current + 5y Current + 5y Logs, registers or similar records listing permits, certificates of
occupancy issued; may include
inspection, building activity, plan
check, etc.

Building Permits, Commercial H&S19850; 34090a: PERM PERM Plans, signs. grading, blueprints, spec.; needs approp LONGTERM storage
Building Permits, Residential H&S19850; 34090a: PERM PERM (same as above) Building Plans, Com'l H&S19850: life of bldg Life of Bldg + 10y Needs approp LONG-TERM storage

EXHIBIT “A”
4 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Building Plans, Com'l UNUSED (City
Bldg)
34090: 2y 2y (Conv Ctr-Thompson)
Building Plans, MFD (2-story max) H&S19850: exempt; 34090:
2y
Comp Current Practice 1y
Building Plans, MFD (over 2-story) H&S19850: life of bldg Life of Bldg + 10y Building Plans, SFD (2-story max) H&S19850: exempt; 34090:
2y
Comp Current practice 1y
Building Plans, SFD (over 2-story) H&S19850: life of bldg Life of Bldg + 10y Building Plans, SFD, Master Plans H&S19850: exempt; 34090:
2y
Last Permit + 1Y (max
4y)
Master plans are for our
convenience
Building Projects
Business License 34090, CCP 337:

Termination + 4y
Termination + 4y Paid & reports
Business Report, Official 34090: 2y; 50110-50115:
1y
2y Internal Report
Business Tax License, Bldg check 34090.7: 2y 2y Internal Process Business Tax License, Zone Check 34090.7: 2y 2y Internal Process Calendars, Appointment, Dept/Div Head* 34090: Current + 2y 2y Calendars, Appointment, Others 34090: Current + 2y 2y
Calendar, Election 34090: Election + 2y Election + 2y
California Environmental Quality Act
(CEQA)
34090a + CEQA
Guidelines: Perm
Perm Exemptions, EIRs, Mitigation
monitoring, negative decs.,
notices of completion and
determination, comments,
statements of overriding
considerations
Admin I Compaign Statements (FPPC) 81009: Current + 5y Current + 5y FPPC Opinions; annual &/or semi-annual filings

EXHIBIT “A”
5 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Compaign Disclosure, Elected (FPPC) 81009(b)(g): PERM PERM FPPC filings Compaign Disclosure, Not Elected
(FPPC)
81009b: Election + 5y Election + 5y FPPC filings
Compaign Disclosure, Unsuccessful
(FPPC) All other committees
81009: Election + 7y Election + 7y FPPC filings
Candidate Statements 81009b: Election + 5y Election + 5y Sample ballot retained permanently
Capital Improvement Projects CCP 337.15: Close + 10y Supporting documents including bidders list, specifications,
reports, plans, work orders,
schedules, etc.

Capital Improvement Projects -Municipal
facilities

2.083110; 34090a & 4004;
H&S 19850: PERM
PERM Contains records re: Planning,
design, construction, conversion
or modification of local
government-owned facilities,
structures & systems
Census Records, Dupl 34090.7: 2y 2y
Census Records, official CFR: none; 34090: 2y 10y
Certif. of Compliance, Parcels/Prop,
Planning
66499.34: recorded=official
Co record: Life of Parcel
Life of Parcel + 10y
(Indefinite retention)
Compliance, elevation,
occupancy which affect real
property
Certificate of Election 81009(a)(d): Term + 4y Term + 4y Certificates of election; Original reports and statements
Certificates of Recognition, Appointment 34090: 2y 3y
Change of Zone/Zoning applications 34090: 2y Action + 15y; If denied:
action + 3y
no retent require found; SEE
Qual #5
Change of Zone Master Index 34090: 2y 50y/Review (Indefinite retention)
Indexes=LONG-TERM
Checks 34090; CCP 337: Audit +
5y
Audit + 5y Includes payroll, canceled & void
checks
Claims, Liability 34090, 25105.5: Close + 5y Close + 5y Paid I Denied Claims (Law enforcement) PC 832.5: Close + 6y Close + 6y Claim copy, correspondence, photographs, supporting
documents relative to incidents
involving the Police Department
filed by citizens

EXHIBIT “A”
6 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Classification Studies 29 CFR 1602.4,
29 CFR 516.6(2): 3y
5y
Classifications and Appointments 34090, 12946, 29 CFR
1602.4, 29 CFR 516.6(2):

PERM
PERM Includes supplemental personnel
records. Wage rate tables 2
years
Code Books 34090e: PERM PERM National Electrical Code, Uniform Building & Fire Codes,
Mechanical, Plumbing &
Supplements; Includes OPS
Manuals
Code Compliance/Violation 34090d: 2y Comp + 5y Vehicle abatement, Building & Housing Code violation,
nuisance & weed abatement,
citations
Code Enforcement: Case files, logs 34090d: Close + 2y Close + 3y Lien recovery, citations, complaints; supporting code
enforcement activity; nuisance &
weed abatement, vehicle
abatement, etc.

Code Enforcement Regulations 34090d: Superseded + 2y Superseded + 3y Includes rules Code Enforcement Reports, Fed & State 34090a: PERM PERM Code enforcement statistics; may contain records affecting title to
real property or liens thereon
Community Development Block Grant
(CDBG) and Urban Development
34090; 24 CFR 570.502;
24 CFR 85.42*; OMB Cir.

A-11 0, Attach. C * : Term
+ 3y
Term + 5y Applications, reports, contracts,
supporting documents; Project
files, contracts, proposals,
statements, EIRs, grant docs,
applications, inventory, etc.
*OMB Cir. A-102, A-110, A-128
Compaction Test, Bldg 34090: 2y PERM (Indefinite
retention)
Orig w/permit (Duplicate: 2y)
Complaints, Building related 34090: 2y Comp + 5y
Conditional Use Permit Agreements SEE Contracts
Conditional Use Permit applications 34090: 2y Action + 25y; If denied:
action + 3y
no retent require found
Conditional Use Permit Master Index 34090: 2y 50y/Review (Indefinite retent)
Indexes=LONG-TERM
Conflict of Interest Stmt Form 700 87500: no retent; 81009(f):
4y
Term of Office + 4y *Council, Mayor, etc.

Conflict of Interest Stmt Form 700 87500: no retent; 81009(e):
7y
Term of Employment +
7y
*City Employees

EXHIBIT “A”
7 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Congestion Management 34090d: Current + 2y Current + 2y Ride sharing, trip reduction Construction Manuals, Com’l 34090: 2y 2y
Construction Mtg Notes, City Bldgs 34090: 2y Comp + 5y
Construction Progress Rept, City Bldgs 34090: 2y Comp + 5y Construction Records 34090: 2y Comp + 5y
Construction (Approved) 34090a, 4003 & 4004; H&S
19850, 19853: PERM
PERM New commercial & residential
construction, tenant
improvements, room additions,
spas, signs, block walls, remodel
including security bonds
Construction Tracking (daily) CC 337.15: PERM PERM Assesses value of real property Construction Records, public buildings 34090: 2y; H&S 19850:

Bldg Plans-PERM
PERM Also SEE Building Plans
Construction Test Results, City Buildings 34090: 2y Comp + 5y Contractor Cert of Insurance 34090: 2y Comp + 2y Will be in Permits sys; nonliability to City Contractor License Info (current list) 34090: Current + 2y Current + 2y Will be in Permits sys: nonliability to City Contracts: Capital Improvement 2.08.110 *: PERM PERM Construction *GC 37090a; 4004; H&S 19850
Contracts, Excluding capital
improvement
CCP 337.2, 343; B&P
7042.5*: Termination + 5y
Life of contract + 5y Includes leases, equipment,
services or supplies * PU 7685;
48 CFR 2; GC 53066
Contracts, Employment 29 CFR 516: 3y Life of Contract + 3y SEE other contracts Contracts, Federal 48 CFR 2: 2-4y Life of Contract + 10y SEE other contracts Correction Notices, Bldg 34090: 2y Final Insp + 3y

EXHIBIT “A”
8 RECORD TITLE CODE CITED (GOVT
Code unless noted)
STAFF

RECOMMENDATION

COMMENTS
Correspondence, general (originating
department)
34090(d): Current + 2y Current + 3y If not attached to agreement or project file. Working
documentation. Treat as Admin
A-Z
Council Joint Meeting Records 34090: 2y PERM (Indefinite retent) Council Memos 34090: 2y 4y Critical items in Minutes, etc.

Declaration of Publication (mise) 34090: 2y 2y Treat as Admin A-Z Deeds & Promissory Notes 34090a * : PERM PERM * 24 CFR 570.502; OMB Circ. A110 Deferred Compensation 34090; 26 CFR 16001-1 * :

Termination + 5y
Termination + 5y Records of employee
contributions & city payments; *
29 CFR 1627.3(2)
Development Agreements CCP 337, 337.1(a), 337.15,
34090; 48 CFR 4.703:

PERM
PERM Infrastructure contracts,
franchises.

Development Standards 34090a: PERM PERM Public works construction, landscape medians, parkways,
etc.

Downtown Design Review Applications 34090: 2y 5y no retent require found Earthquake Response 34090a: PERM PERM Includes seismic retrofits, certificates of compliance
Easements, Dedications, Rights of Way 34090: PERM Superseded + 10y (Indefinite retent)
Election Corresp, Misc 34090: 2y Term of Office + 4 Y
Election: Nomination papers - Successful
Unsuccessful
EC 17100: Election + 4y
GC 8109(b): Election + 2y
Election + 4y
Election + 2y
Election: Notifications & Publications 34090: Election + 2y Election + 3y Proof of publication or posting, certification & listing of notice of
posting; copy of newspaper
notice & certification of offices to
be voted for
Election: Oaths of Office 34090, 29 USC 1113: Term
+ 6y
Term + 6y Elected officials
Election Records EC 17130; 22932: no
retent; EC 2653
PERM Review/Hist value