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) 357-6241.
CITY OF ATWATER
CITY COUNCIL,
FIRE PROTECTION DISTRICT,
AND
SUCCESSOR AGENCY TO THE ATWATER
REDEVELOPMENT AGENCY
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
June 12, 2023
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION
Invocation by Timothy Miller
PLEDGE OF ALLEGIANCE TO THE FLAG
City Council, FPD and Successor Agency to ARA Agenda for Meeting of June 12, 2023
ROLL CALL: (City Council/Board of Directors/Governing Board) Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____ SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
CEREMONIAL MATTERS:
• Oath of Office - Police Chaplain
Staff's Recommendation: That City Clerk Billings administer the oath of office to the newly appointed Police Chaplain Allen Thomas.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS
1. June 12, 2023
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (City Council)
2. May 22, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
MINUTES: (Citizens' Oversight Committee)
3. March 7, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (Audit and Finance Committee)
4. March 27, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
City Council, FPD and Successor Agency to ARA Agenda for Meeting of June 12, 2023
RESOLUTIONS:
5. Approving the Statement of Investment Policy for Fiscal Year 2023-24 and delegating authority to the City Treasurer to invest funds accordingly (Finance Director Youmara)
Staff's Recommendation: Adoption of Resolution No. 3399-23 approving the Statement of Investment Policy for Fiscal Year 2023-24 and delegating authority to the City Treasurer to invest funds in accordance with the Statement of Investment Policy.
AGREEMENTS:
6. Awarding a General Construction Contract for the Atwater Boulevard and First Street Traffic Signal Project (Public Works Director Vinson) Staff's Recommendation: Awards a General Construction Contract, in a form approved by the City Attorney, to St. Francis Electric, LLC of San Leandro, California, for the Atwater Boulevard and First Street Traffic Signal, City Project No. 18-2, in an amount not to exceed $824,670, and authorize and direct the City Manager, or her designee, to sign and affirm construction contract change orders up to an aggregate of $82,467.00 (10%); and authorizes and directs the City Manager, or her designee, to execute the contract on behalf of the City.
7. Approving On-Call Professional Services for Roadway Design, Traffic Engineering, Land Surveying, and Roadway Construction Inspection and Administration with various consultants for State and Federally Funded Projects (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation: Approves multiple On-Call Master Professional Service Agreements, in a form approved by the City Attorney, with Advanced Mobility Group of Walnut Creek, California, CCME, Inc. of Merced, California, GHD, Inc. of Fresno, California, JLB Traffic Engineering of Fresno, California, Minagar and Associates, Inc. of Laguna Hills, California, Provost & Pritchard Consulting Group of Clovis, California, SNG & Associates, Inc. of Pleasanton, California, TJKM Transportation Consultant of Pleasanton, California, and VVH Consulting Engineers of Modesto, California, with a set not to exceed limit of $1,000,000 per contract for the 3 year term of the contracts (for flexibility amongst contracts) but with a collective maximum aggregate budgeted amount for all of the on-call contracts not to exceed $7,500,000; and authorizes and directs the City Manager to execute the agreements on behalf of the City.
8. Approving and Ratifying a Memorandum of Understanding (MOU) with the Atwater Police Officers’ Association (APOA) Regarding Terms and Conditions of Employment (Human Resources Director Sousa) Staff's Recommendation: Adopt Resolution No. 3402-23 Approving a Memorandum of Understanding (MOU) between the City of Atwater and the Atwater Police Officers’ Association (APOA) Pertaining to
City Council, FPD and Successor Agency to ARA Agenda for Meeting of June 12, 2023
Certain Terms and Conditions of Employment; and Authorizing and Directing the City Manager to Execute the MOU on behalf of the City.
9. Authorizing and Approving a Purchase Agreement with NeoGov for the Purchase of an Employee Performance Evaluation Software Module (Perform) (Human Resources Director Sousa)
Staff's Recommendation: Authorizes and Approves a Purchase Agreement (Purchase Order) with NeoGov for the Purchase of an Employee Performance Evaluation Software Module (Perform), in an amount not to exceed $14,561.60; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement on behalf of the City.
10. Approving Use Agreement with Atwater 4th of July Committee regarding use of Ralston Park and Certain City Streets (City Manager Waterman)
Staff's Recommendation: Approves a Use Agreement, in a form approved by the City Attorney, with the Atwater 4th of July Committee for the use of Ralston Park and Certain City Streets; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement, on behalf of the City.
11. Approving Use Agreement with Merced Running Club regarding use of Certain City Streets (City Manager Waterman)
Staff's Recommendation: Approves a Use Agreement, in a form approved by the City Attorney, with the Merced Running Club for the use of Certain City Streets; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement, on behalf of the City.
PUBLIC IMPROVEMENTS:
12. Accepting Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project as complete (Public Works Director Vinson and Deputy City Manager/Community Development Director Thompson) Staff's Recommendation: Accept work done under the contract for Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street, City Project 19-5; authorize and direct the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; and authorize a final payment in the amount of $8,717.98. ***END OF CONSENT CALENDAR***
PUBLIC HEARINGS
13. Adopting a resolution Setting the Fiscal Year 2023-24 Miscellaneous Fee Schedule (Finance Director Youmara)
Staff's Recommendation: Open the Public Hearing and receive any
City Council, FPD and Successor Agency to ARA Agenda for Meeting of June 12, 2023
testimony given regarding the proposed 2023-24 Miscellaneous Fee Schedule;
Close the Public Hearing;
Motion to adopt Resolution No. 3400-23 Setting the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2023-24; or
Motion to approve staff's recommendation as presented.
14. Resolutions adopting Fiscal Year 2023-24 Budget including Five-Year Capital Improvement Plan and approving Fund Expenditures and Fund Transfers; establishing appropriations limitations; and amending Classification Plan and adopting Salary Schedule A-24, effective June 22, 2023 (City Manager/Executive Director Waterman, Human Resources Director Sousa, and Finance Director/Treasurer Youmara) Staff's Recommendation: Open the public hearing and receive any testimony given regarding the Fiscal Year 2023-24 Proposed Budget; Close the Public Hearing;
Review the Fiscal Year 2023-24 Proposed Budget; and
Motion to adopt Joint Authority Resolution No. 3397-23, Resolution No. AFPD 1-2023, and Resolution No. SA 2023-3 adopting the Fiscal Year 2023-24 budget, approving Fund Expenditures and Fund Transfers, and Five-Year Capital Improvement Program with any modifications from the budget review and public hearing; to adopt Resolution No. 3398-23 establishing the Fiscal Year 2023-24 Appropriations Limitation; to adopt Resolution No. 3401-23 amending the City of Atwater Classification Plan and adopting Salary Schedule A-24, effective June 22, 2023; or
Motion to approve Staff's recommendation as presented..
REPORTS AND PRESENTATIONS FROM STAFF:
15. Approving New Schedule "A" Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2023, to June 30, 2026, for Fire Service Operations (CAL Fire Battalion Chief Ayuso)
Staff's Recommendation: Motion to adopt Resolution No. 3403-23 approving a new Schedule "A" agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operations from July 1, 2023 through June 30, 2026 in an amount not to exceed $17,335,220 over three years; and authorizing the Mayor to sign the agreement on behalf of the City of Atwater; or
City Council, FPD and Successor Agency to ARA Agenda for Meeting of June 12, 2023
Motion to approve staff's recommendation as presented.
16. Waiving the first reading, by title only, and introducing an ordinance Amending section 8.16.260 “Solid Waste, Recyclables, and Organic Waste Collection,” of chapter 8 “Health and Safety” of the Atwater Municipal Code (Public Works Director Vinson)
Staff's Recommendation: Motion to waive the first reading and introduce Ordinance No. CS 1063 amending Chapter 8.16.260 “Solid Waste, Recyclables, and Organic Waste Collection,” of the Atwater Municipal Code; or,
Motion to approve staff’s recommendation as presented.
17. Set Public Hearing Date for New Solid Waste Rates and Rate Adjustment (Public Works Director Vinson)
Staff's Recommendation: Motion to approve setting the public hearing date of August 14, 2023, for the proposed new solid waste rates and rate adjustments; or
Motion to approve staff's recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
18. 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 REPORTS/UPDATES
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
CLOSED SESSION
Continuation of Closed Session if necessary
ADJOURNMENT
City Council, FPD and Successor Agency to ARA Agenda for Meeting of June 12, 2023
CERTIFICATION:
I, Kory J. Billings, 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. _______________________________
KORY J. BILLINGS
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) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.
.
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
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Citizens' Oversight
Committee Meeting -
5:30 PM
GPTAC - 6:00 PM
City Council Meeting - Planning Commission
6:00 PM Meeting - 6:00 PM
Merced County
Supervisor McDaniel
Father's Day City Holiday First Day of Summer District 3 Office Hours -
City Offices Closed
1:30 PM - 3:30 PM
Audit & Finance
~ June 2023 ~
6:00 PM
City Council Meeting -
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 ~ July 2023~
Merced County
Meeting - 6:00 PM
Planning Commission
6:00 PM
City Council Meeting -
1 day GPTAC - 6:00 PM
Trash pick up delayed
Independence Day
City Holiday
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 31 1:30 PM - 3:30 PM
District 3
Supervisor McDaniel
Office Hours -
WARRANTS SUMMARY FOR JUNE 12 2023
TOTAL OF WARRANTS (FROM WARRANT REPORT)
PREWRITTENS INCLUDED IN THIS WARRANT RUN
ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)
DATE DESCRIPTION AMOUNT
$ 1,329,139.47
$ 16,089.41
5/18/2023 PNC Bank
5/18/2023 APOA Union Dues
5/18/2023 AFSCME District Council 57
$ 4,033.00
$ 2,629.00
$ 930.49
5/18/2023 State Disbursement - Child Support $ 473.98
5/18/2023 AFLAC - MAY 2023 $ 542.37
5/18/2023 Revenue & Reimbursement $ 97.75
5/18/2023 PERS Retirement EFT 4/27/23 - 5/10/23 $ 52,533.03 5/30/2023 Retiree Medical Reimbursement - June 2023 $ 32,262.43 5/24/2023 Chevron $ 86.00
6/1/2023 PNC Bank $ 4,033.00
6/1/2023 APOA Union Dues $ 2,714.95
6/1/2023 AFSCME District Council 57 $ 908.00
6/1/2023 State Disbursement - Child Support $ 473.98
6/6/2023 PERS Health - June 2023 $ 104,128.70
6/1/2023 PERS Retirement EFT 5/11/23 5/24/23 $ 53,178.84 TOTAL ADDITIONAL WARRANTS $ 259,025.52 $ 259,025.52
GRAND TOTAL OF WARRANTS PAID $ 1,604,254.40
INFORMATIONAL ONLY (INCLUDED IN THE TOTAL WARRANTS TOTAL) DATE
5/18/2023 Net Payroll $ 178,442.79 $ 245,951.70
5/18/2023 Federal Taxes $ 60,506.26
5/18/2023 State Taxes $ 7,002.65
5/18/2023 Payroll Deductions $ 968.44
6/1/2023 Net Payroll $ 183,611.47 $ 253,748.12
6/1/2023 Federal Taxes $ 62,718.03
6/1/2023 State Taxes $ 7,418.62
6/1/2023 Payroll Deductions $ 210.00
TOTAL INFORMATIONAL WARRANTS $ 500,878.26
DESCRIPTION AMOUNT
CITY TREASURER
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
6/8/2023 - 8:48 AM
ca of
i 9) 6e evue Road, ft4wter CA 9E301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22562 05/18/2023 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total: 210.00
22563 05/18/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 22563 05/18/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 Check Total: 67.18
22564 05/18/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 345.63 22564 05/18/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 345.63 Check Total: 691.26
22565 05/30/2023 Employee Benefits Fund Health Insurance, Retirees DAVID CIIURCII 1,237.18 Check Total: 1,237.18
22566 05/30/2023 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 263.42 Check Total: 263.42
22567 05/30/2023 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 604.69 Check Total: 604.69
22568 05/30/2023 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 691.69 Check Total: 691.69
22569 05/30/2023 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 29.71 Check Total: 29.71
22570 06/01/2023 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 668.95 22570 06/01/2023 General Fund Utilities MERCED IRRIGATION DISTRICT 593.43 22570 06/01/2023 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 68.21 22570 06/01/2023 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 420.32 22570 06/01/2023 America West LD Utilities MERCED IRRIGATION DISTRICT 151.18 22570 06/01/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 662.85 AP-Checks for Approval (6/8/2023 - 8:48 AM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22570 06/01/2023 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.17 22570 06/01/2023 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.17 22570 06/01/2023 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 553.02 22570 06/01/2023 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 335.26 22570 06/01/2023 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 34.08 22570 06/01/2023 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 204.61 22570 06/01/2023 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 19.17 22570 06/01/2023 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 68.21 22570 06/01/2023 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.55 22570 06/01/2023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 482.65 22570 06/01/2023 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 57.50 22570 06/01/2023 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 314.17 22570 06/01/2023 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 645.26 22570 06/01/2023 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 610.42 22570 06/01/2023 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 351.92 22570 06/01/2023 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 398.27 22570 06/01/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 4,885.91 Check Total: 11,680.28
22571 06/01/2023 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total: 210.00
22572 06/05/2023 General Fund Evidence Room Funds RANDY BUNYARD 404.00 Check Total: 404.00
Report Total: 16,089.41
AP-Checks for Approval (6/8/2023 - 8:48 AM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
6/8/2023- 8:50 AM
City of
Co.nmw ltv Prtde City Wtde
7G0 Bellevue PDad, jAhnrater CA O1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 06/12/2023 General Fund Office Supplies QUADIENT FINANCE USA, INC. 1,000.00 0 06/12/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 88,750.00 0 06/12/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 57,500.00 0 06/12/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 187,090.63 0 06/12/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 37,830.73 Check Total: 372,171.36
22573 06/12/2023 Water Enterprise Fund Professional Services ABS PRESORT, INC. 1,002.32 22573 06/12/2023 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 1,002.32 22573 06/12/2023 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 1,166.22 22573 06/12/2023 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 1,002.33 Check Total: 4,173.19
22574 06/12/2023 General Fund Professional Services AG TOWING AND TRANSPORT 390.00 Check Total: 390.00
22575 06/12/2023 General Fund Operations & Maintenance AIR EXCHANGE, INC. 37.06 Check Total: 37.06
22576 06/12/2023 General Fund Special Departmental Expense AIRGAS USA, LLC 107.36 Check Total: 107.36
22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 14.13 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.04 22577 06/12/2023 General Fund Training AMAZON CAPITAL SERVICES 37.98 22577 06/12/2023 General Fund Training AMAZON CAPITAL SERVICES 37.98 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 25.00 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 50.09 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 119.61 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 10.82 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.03 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 1,141.83 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.41 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.78 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 1,141.83 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.74 22577 06/12/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 113.09 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 174.40 22577 06/12/2023 General Fund Communications AMAZON CAPITAL SERVICES 82.63 22577 06/12/2023 General Fund Communications AMAZON CAPITAL SERVICES 127.50 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.13 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.08 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 113.86 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 47.04 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 46.93 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 84.81 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 79.35 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 141.72 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.87 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.99 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 90.47 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 79.25 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 58.93 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 33.72 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 73.92 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 51.20 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 49.48 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 77.36 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 65.21 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 97.66 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.01 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 73.82 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 389.32 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.79 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.76 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 76.08 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 18.72 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.48 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 65.22 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.74 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 37.44 22577 06/12/2023 General Fund Tennis Key AMAZON CAPITAL SERVICES 135.18 22577 06/12/2023 General Fund Tennis Key AMAZON CAPITAL SERVICES 201.19 22577 06/12/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 28.88 22577 06/12/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 6.49 22577 06/12/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 39.14 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22577 06/12/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 7.17 22577 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 104.39 22577 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 104.39 22577 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 291.18 22577 06/12/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 114.18 22577 06/12/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 114.18 22577 06/12/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 23.91 22577 06/12/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 108.74 22577 06/12/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 108.74 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 156.54 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 326.24 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 96.79 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.15 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 36.10 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,409.89 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 391.30 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 50.59 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.74 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 41.25 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 208.80 22577 06/12/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 130.55 22577 06/12/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -84.81 Check Total: 9,532.14
22578 06/12/2023 General Fund Travel/Conferences/Meetings DANNY AMBRIZ 91.05 22578 06/12/2023 General Fund Travel/Conferences/Meetings DANNY AMBRIZ 28.95 Check Total: 120.00
22579 06/12/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 70,188.36 22579 06/12/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 24,748.02 Check Total: 94,936.38
22580 06/12/2023 1,2,3-TCP Fund Professional Services AQUEOUS VETS 44,825.00 Check Total: 44,825.00
22581 06/12/2023 Internal Service Fund Operations & Maintenance ASSOCIATES LOCK 584.55 Check Total: 584.55
22582 06/12/2023 General Fund Communications AT and T - CALNET3 134.84 22582 06/12/2023 Northwood Village LD Communications AT and T - CALNET3 24.29 22582 06/12/2023 Meadow View LD Communications AT and T - CALNET3 24.29 22582 06/12/2023 Water Enterprise Fund Communications AT and T - CALNET3 265.65 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22582 06/12/2023 Sewer Enterprise Fund Communications AT and T - CALNET3 363.88 22582 06/l2/2023 Internal Service Fund Communications AT and T - CALNET3 532.80 Check Total: 1,345.75
22583 06/12/2023 General Fund Bloss House MARY AVILA 350.00 Check Total: 350.00
22584 06/12/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,543.40 22584 06/12/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,748.91 22584 06/12/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,828.94 22584 06/12/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 850.08 Check Total: 8,971.33
22585 06/12/2023 General Fund Professional Services BEST BEST & KRIEGER 20,164.72 22585 06/12/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 5,863.35 Check Total: 26,028.07
22586 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 13.95 22586 06/12/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 8.11 22586 06/12/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 124.35 22586 06/12/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 32.31 22586 06/12/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 25.00 22586 06/12/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 67.62 22586 06/12/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 32.31 22586 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 8.72 Check Total: 312.37
22587 06/12/2023 Internal Service Fund Uniform & Clothing Expense 13OO1 BARN 200.00 22587 06/12/2023 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 400.00
22588 06/12/2023 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 475.00 Check Total: 475.00
22589 06/12/2023 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 2,263.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 127.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 58.50 22589 06/12/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22589 06/12/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 22589 06/12/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 Check Total: 5,298.00
22590 06/12/2023 General Fund Special Departmental Expense CAL FARM SERVICES 53.86 22590 06/12/2023 General Fund Professional Services CAL FARM SERVICES 33.72 22590 06/12/2023 General Fund Special Departmental Expense CAL FARM SERVICES 74.20 22590 06/12/2023 General Fund Special Departmental Expense CAL FARM SERVICES 150.83 22590 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 21.54 Check Total: 334.15
22591 06/12/2023 General Fund Community Center Deposits DAVID CALDERON 210.00 22591 06/12/2023 General Fund Community Center Deposits DAVID CALDERON 350.00 Check Total: 560.00
22592 06/12/2023 General Fund Travel/Conferences/Meetings JOHN CALE 22.16 22592 06/12/2023 General Fund Travel/Conferences/Meetings JOHN CALE 69.43 22592 06/12/2023 General Fund Travel/Conferences/Meetings JOHN CALE -20.57 Check Total: 71 .02
22593 06/12/2023 General Fund Professional Services CENTRAL VALLEY FORENSIC NURSING SPEC 1,350.00 Check Total: 1,350.00
22594 06/12/2023 General Fund Professional Services CEP AMERICA CALIFORNIA 792.00 Check Total: 792.00
22595 06/12/2023 Internal Service Fund Communications COMCAST CABLE 13.28 Check Total: 13.28
22596 06/12/2023 General Fund Special Departmental Expense CORE & MAIN LP 450.14 Check Total: 450.14
22597 06/12/2023 General Fund Community Center Deposits ERIKA CORONA 350.00 Check Total: 350.00
22598 06/12/2023 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 DATA PATH, INC. 23,062.09 22598 06/12/2023 Information Technology Fund Special Departmental Expense DATA PATH, INC. 63.00 22598 06/12/2023 Information Technology Fund Professional Services DATA PATH, INC. 9,410.00 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22598 06/12/2023 Information Technology Fund Professional Services DATA PATH, INC. 2,530.00 22598 06/12/2023 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,501.00 22598 06/12/2023 Information Technology Fund Memberships & Subscriptions DATA PATI I, INC. 1,089.00 Check Total: 38,655.09
22599 06/12/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 741.39 22599 06/12/2023 Internal Service Fund Professional Services DELRAY TIRE 196.70 22599 06/12/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,441.28 22599 06/12/2023 Internal Service Fund Professional Services DELRAY TIRE 196.70 22599 06/12/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 16.30 Check Total: 2,592.37
22600 06/12/2023 Public Safety Trans & Use Tax Machinery & Equipment DELTA WIRELESS & NETWORK SOLUTIONS 9,302.25 22600 06/12/2023 Public Safety Trans & Use Tax Machinery & Equipment DELTA WIRELESS & NETWORK SOLUTIONS 112,754.43 22600 06/12/2023 Public Safety Trans & Use Tax Machinery & Equipment DELTA WIRELESS & NETWORK SOLUTIONS 5,261.76 22600 06/12/2023 Public Safety Trans & Use Tax Machinery & Equipment DELTA WIRELESS & NETWORK SOLUTIONS 64,567.21 22600 06/12/2023 Public Safety Trans & Use Tax Machinery & Equipment DELTA WIRELESS & NETWORK SOLUTIONS 434.09 Check Total: 192,319.74
22601 06/12/2023 Internal Service Fund Professional Services DONLEE PUMP COMPANY 282.50 22601 06/12/2023 Internal Service Fund Operations & Maintenance DONLEE PUMP COMPANY 68.83 Check Total: 351.33
22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 341.98 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.53 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.53 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 75.76 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 149.32 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 283.58 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 170.97 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 34.64 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.53 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.53 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 203.47 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 119.05 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 119.01 22602 06/12/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 268.38 Check Total: 2,372.28
22603 06/12/2023 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 91.85 22603 06/12/2023 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 289.88 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 381.73
22604 06/12/2023 General Fund Small Tools EWING IRRIGATION PRODUCTS INC. 70.58 22604 06/12/2023 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 266.70 22604 06/12/2023 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 162.35 Check Total: 499.63
22605 06/12/2023 Parks and Recreation Fund Osborn Park Renovation EXELOO CORPORATION 27,278.30 22605 06/12/2023 Internal Service Fund Professional Services EXELOO CORPORATION 2,884.86 Check Total: 30,163.16
22606 06/12/2023 Internal Service Fund Special Departmental Expense FASTENAL COMPANY 12.28 Check Total: 12.28
22607 06/12/2023 General Fund Office Supplies FEDERAL EXPRESS 39.17 Check Total: 39.17
22608 06/12/2023 Water Fund Capital Replacement Hydrant Replacement FERGUSON ENTERPRISES INC. #690 2,860.56 Check Total: 2,860.56
22609 06/12/2023 Gas Tax/Street Improvement Professional Services FINELINE STRIPING 15,975.00 Check Total: 15.975.00
22610 06/12/2023 Internal Service Fund Operations & Maintenance DONALD GARCIA 459.22 Check Total: 459.22
22611 06/12/2023 General Fund Special Departmental Expense GARTON TRACTOR INC 68.54 22611 06/12/2023 Internal Service Fund Operations & Maintenance GARTON TRACTOR INC 1,277.84 Check Total: 1,346.38
22612 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense GLOBAL INDUSTRIAL 1,190.66 Check Total: 1,190.66
22613 06/12/2023 Information Technology Fund Special Departmental Expense GOVERNMENTJOBS.COM, INC. 6,738.20 Check Total: 6,738.20
22614 06/12/2023 Water Enterprise Fund Small Tools GRAINGER, INC. 1,285.92 Check Total: 1,285.92
22615 06/12/2023 General Fund Castle Youth Center Deposits JASON HASTINGS 200.00 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 200.00
22616 06/12/2023 General Fund Special Departmental Expense HENRY SCHEIN, INC. 741.86 Check Total: 741.86
22617 06/12/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 22617 06/12/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 170.85 22617 06/12/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 724.95 Check Total: 950.80
22618 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense HORIZON 1,465.34 22618 06/12/2023 General Fund Special Departmental Expense HORIZON 77.48 22618 06/12/2023 Water Enterprise Fund Special Departmental Expense HORIZON 992.38 22618 06/12/2023 Water Enterprise Fund Special Departmental Expense HORIZON 691.39 22618 06/12/2023 General Fund Special Departmental Expense HORIZON 104.82 22618 06/12/2023 General Fund Special Departmental Expense HORIZON 3.23 22618 06/12/2023 General Fund Special Departmental Expense HORIZON 35.06 22618 06/12/2023 General Fund Special Departmental Expense HORIZON 40.10 22618 06/12/2023 General Fund Special Departmental Expense HORIZON 82.07 Check Total: 3,491.87
22619 06/12/2023 General Fund Memberships & Subscriptions IIMC 125.00 Check Total: 125.00
22620 06/12/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,200.00 22620 06/12/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,200.00 Check Total: 2,400.00
22621 06/12/2023 General Fund Uniform & Clothing Expense INSIDELINES GRAPHIX INC. 737.02 Check Total: 737.02
22622 06/12/2023 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS l 1,693.00 Check Total: 11,693.00
22623 06/12/2023 Measure V Regional Fund Bellevue Road Realignment JLB TRAFFIC ENGINEERING, INC 221.47 22623 06/12/2023 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 6,322.37 Check Total: 6,543.84
22624 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense KELLOGG'S SUPPLY 205.65 22624 06/12/2023 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 26.82 22624 06/12/2023 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 407.17 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22624 06/12/2023 General Fund Small Tools KELLOGG'S SUPPLY 574.11 Check Total: 1,213.75
22625 06/12/2023 Public Safety Trans & Use Tax Machinery & Equipment L&L SIGNS 2,502.00 Check Total: 2,502.00
22626 06/12/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 721.93 Check Total: 721.93
22627 06/12/2023 General Fund Special Departmental Expense LEAVE YOUR MARK! 167.00 Check Total: 167.00
22628 06/12/2023 General Fund Miscellaneous LOOMIS DEPT. 0757 607.23 Check Total: 607.23
22629 06/12/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 14.241.73 Check Total: 14,241.73
22630 06/12/2023 General Fund Coed Volleyball MCNAMARA SPORTS 472.68 Check Total: 472.68
22631 06/12/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 27.00 22631 06/12/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 22631 06/12/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 Check Total: 65.00
22632 06/12/2023 General Fund Professional Services MERCED FENCE COMPANY 6,575.00 22632 06/12/2023 General Fund Professional Services MERCED FENCE COMPANY 195.00 Check Total: 6,770.00
22633 06/12/2023 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 216.45 Check Total: 216.45
22634 06/12/2023 General Fund Printing & Advertising MID VALLEY PUBLICATIONS 116.55 Check Total: 116.55
22635 06/12/2023 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 3,717.84 Check Total: 3,717.84
22636 06/12/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 11.20 22636 06/12/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 1,074.87 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22636 06/12/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 24.89 22636 06/12/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 25.52 22636 06/12/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 56.00 22636 06/12/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 91.05 Check Total: 1,283.53
22637 06/12/2023 Internal Service Fund Professional Services NVB EQUIPMENT, INC. 359.00 22637 06/12/2023 Internal Service Fund Operations & Maintenance NVB EQUIPMENT, INC. 725.48 Check Total: 1,084.48
22638 06/12/2023 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 50.48 22638 06/12/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 45.66 22638 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 11.05 22638 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 176.65 22638 06/12/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 21.73 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 52.77 22638 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS -30.00 22638 06/12/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 9.78 22638 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 19.55 22638 06/12/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 38.05 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 36.50 22638 06/12/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 25.00 22638 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 54.35 22638 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 102.20 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 200.75 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 78.23 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 3.06 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 37.49 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.51 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 19.90 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 62.31 22638 06/12/2023 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 27.70 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 10.77 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 5.75 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 450.70 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 99.70 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 275.57 22638 06/12/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 18.47 Check Total: 1,950.68
22639 06/12/2023 Sanitation Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 628.00 22639 06/12/2023 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 110.00 22639 06/12/2023 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22639 06/12/2023 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 16.00 22639 06/12/2023 Sanitation Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 628.00 22639 06/12/2023 Sanitation Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 628.00 22639 06/12/2023 Sanitation Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 682.01 22639 06/12/2023 Sewer Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 1,014.80 Check Total: 3,850.81
22640 06/12/2023 General Fund Professional Services PACE SYSTEMS, INC 3,296.00 Check Total: 3,296.00
22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 93.17 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 505.70 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 177.43 22641 06/12/2023 Gas TaxlStreet Improvement Utilities PACIFIC GAS & ELECTRIC 263.11 22641 06/12/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 33,682.84 22641 06/12/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 50,692.37 22641 06/12/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 23.82 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 1,369.99 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 6,277.16 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 492.35 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 104.25 22641 06/12/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 29.71 22641 06/12/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16,658.75 22641 06/12/2023 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 351.49 22641 06/12/2023 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 139.46 22641 06/12/2023 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 34.36 22641 06/12/2023 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 13.42 22641 06/12/2023 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 44.78 22641 06/12/2023 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 14.78 22641 06/12/2023 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 1,860.25 22641 06/12/2023 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 180.89 22641 06/12/2023 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 777.99 22641 06/12/2023 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 24.17 22641 06/12/2023 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 21.49 22641 06/12/2023 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 15.55 22641 06/12/2023 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 341.55 22641 06/12/2023 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 41.17 22641 06/12/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 56,013.87 22641 06/12/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,380.52 22641 06/12/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 3,891.88 Check Total: 177,518.27
22642 06/12/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 2,745.45 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22642 06/12/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 2,069.86 Check Total: 4,815.31
22643 06/12/2023 General Fund Community Center Deposits BRITNEY PASTRANO 560.00 Check Total: 560.00
22644 06/12/2023 Internal Service Fund Professional Services PETE'S AUTO BODY 1,436.50 22644 06/12/2023 Internal Service Fund Operations & Maintenance PETE'S AUTO BODY 1,370.74 Check Total: 2,807.24
22645 06/12/2023 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 2,527.09 22645 06/12/2023 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 327.41 Check Total: 2,854.50
22646 06/12/2023 General Fund Community Center Deposits JORGE PULIDO 350.00 Check Total: 350.00
22647 06/12/2023 Sewer Enterprise Fund Sewer Lift Station lmprvmnts QUAD KNOPF 598.90 22647 06/12/2023 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 1,160.00 22647 06/12/2023 Sewer Enterprise Fund Sewer Lift Station Imprvmnts QUAD KNOPF 2,061.00 22647 06/12/2023 Sewer Enterprise Fund Professional Services QUAD KNOPF 2,422.00 Check Total: 6,241.90
22648 06/12/2023 General Fund Deposits RC PACIFIC CONTRUCTION 547.00 22648 06/12/2023 Water Enterprise Fund Water Service Charges RC PACIFIC CONTRUCTION -59.50 Check Total: 487.50
22649 06/12/2023 Internal Service Fund Professional Services RDO EQUIPMENT CO 893.55 22649 06/12/2023 Internal Service Fund Operations & Maintenance RDO EQUIPMENT CO 187.35 Check Total: 1,080.90
22650 06/12/2023 Water Enterprise Fund Uniform & Clothing Expense RED WING BUSINESS ADVANTAGE ACCOUNT 181.26 Check Total: 181.26
22651 06/12/2023 General Fund Castle Park Deposits MELISSA RESENDEZ 200.00 22651 06/12/2023 General Fund Castle Park Rental MELISSA RESENDEZ -50.00 Check Total: 150.00
22652 06/12/2023 General Fund Professional Services SANTA FE PET HOSPITAL 227.50 22652 06/12/2023 General Fund Professional Services SANTA FE PET HOSPITAL 119.25 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 12
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 346.75
22653 06/12/2023 General Fund Community Center Deposits MARIANA SARABIA 350.00 Check Total: 350.00
22654 06/12/2023 General Fund Training DAVE SARGINSON 259.00 Check Total: 259.00
22655 06/12/2023 General Fund Capital Project Retention SEAL RITE PAVING & GRADING -1,923.02 22655 06/12/2023 General Fund Capital Phase I Ped Imp Proj Downtown SEAL RITE PAVING & GRADING 38,460.45 22655 06/12/2023 SBI-Road Maint & Rehab RMRA Project Retention SEAL RITE PAVING & GRADING -249.15 22655 06/12/2023 SB1-Road Maint & Rehab RMRA Project Retention SEAL RITE PAVING & GRADING -69.44 22655 06/12/2023 SB1-Road Maint & Rehab RMRA Phase I Ped Imp Proj Downtown SEAL RITE PAVING & GRADING 4,982.96 22655 06/12/2023 SB1-Road Maint & Rehab RMRA Phase I Ped Imp Proj Downtown SEAL RITE PAVING & GRADING 1,388.80 Check Total: 42,590.60
22656 06/12/2023 ARPA-American Rescue Plan Act City-Wide Security SECURITY CAMERA WAREHOUSE, INC 20,406.38 Check Total: 20,406.38
22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 398.68 22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 398.68 22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 161.63 22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 784.42 22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 397.13 22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 397.13 22657 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 138.53 Check Total: 2,676.20
22658 06/12/2023 General Fund Professional Services STATE CONTROLLER'S OFFICE 56.09 Check Total: 56.09
22659 06/12/2023 General Fund Professional Services STERICYCLE, INC. 37.56 Check Total: 37.56
22660 06/12/2023 Gas Tax/Street Improvement Professional Services SUN VALLEY PORTABLE RESTROOMS INC. 400.00 Check Total: 400.00
22661 06/12/2023 Water Enterprise Fund Professional Services SUNBELT RENTALS 1,524.84 22661 06/12/2023 General Fund Special Departmental Expense SUNBELT RENTALS 217.60 Check Total: 1,742.44
AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 13
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22662 06/12/2023 General Fund Maint. Buildings & Grounds SUPERIOR POOL PRODUCTS LLC 102.84 22662 06/12/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,320.22 22662 06/12/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,344.61 22662 06/12/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 942.81 Check Total: 3,710.48
22663 06/12/2023 Local Transportation Fund Project Retention TERRA WEST CONSTRUCTION INCORPORATE -569.73 22663 06/12/2023 Local Transportation Fund LTF-Laurel Area Sdwlk Imp Proj TERRA WEST CONSTRUCTION INCORPORATE 11,394.59 Check Total: 10,824.86
22664 06/12/2023 General Fund Maint. Buildings & Grounds THE SIGN GUYS 637.13 Check Total: 637.13
22665 06/12/2023 General Fund Office Supplies TLC POSTAL CENTER 87.00 Check Total: 87.00
22666 06/12/2023 General Fund Castle Park Deposits LATISHA TODD 200.00 22666 06/12/2023 General Fund Castle Park Rental LATISHA TODD -100.00 Check Total: 100.00
22667 06/12/2023 General Fund Castle Park Deposits BRIANA TORRES 200.00 Check Total: 200.00
22668 06/12/2023 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 9,623.05 Check Total: 9,623.05
22669 06/12/2023 Internal Service Fund Professional Services TRANE U.S. INC. 2,694.00 Check Total: 2,694.00
22670 06/12/2023 Gas Tax/Street Improvement Professional Services UNION PACIFIC RAILROAD CO. 340.50 Check Total: 340.5()
22671 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense UNITED RENTALS 81.55 Check Total: 81.55
22672 06/12/2023 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,866.90 22672 06/12/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,582.62 22672 06/12/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 738.36 Check Total: 6,187.88
22673 06/12/2023 Internal Service Fund Operations & Maintenance VAN DE POL 11,535.24 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 14
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22673 06/12/2023 Internal Service Fund Operations & Maintenance VAN DE POL 256.60 22673 06/12/2023 Internal Service Fund Operations & Maintenance VAN DE POL 11,864.14 Check Total: 23,655.98
22674 06/12/2023 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
22675 06/12/2023 General Fund Castle Park Deposits RAY VILLEGAS 200.00 Check Total: 200.00
22676 06/12/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,442.14 Check Total: 1,442.14
22677 06/12/2023 General Fund Professional Services VVH CONSULTING SERVICES 225.00 22677 06/12/2023 General Fund Professional Services VVH CONSULTING SERVICES 2,475.00 22677 06/12/2023 General Fund Professional Services VVH CONSULTING SERVICES 1,930.00 22677 06/12/2023 General Fund Professional Services VVH CONSULTING SERVICES 16,335.00 22677 06/12/2023 Local Transportation Fund Atw Blvd & First St Signal VVH CONSULTING SERVICES 2,450.00 22677 06/12/2023 Local Transportation Fund LTF-Laurel Area Sdwlk Imp Proj VVH CONSULTING SERVICES 700.00 22677 06/12/2023 ARPA-American Rescue Plan Act Palm/Bellevue ST/SLWK Improv. VVH CONSULTING SERVICES 100.00 22677 06/12/2023 ARPA-American Rescue Plan Act Osborn Park Renovation VVH CONSULTING SERVICES 11,847.50 22677 06/12/2023 General Fund Professional Services VVH CONSULTING SERVICES 5,175.25 22677 06/12/2023 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 20,701.00 Check Total: 61,938.75
22678 06/12/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 32.03 Check Total: 32.03
22679 06/12/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 8.73 22679 06/12/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 12.78 22679 06/12/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 30.83 22679 06/12/2023 Internal Service Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 46.71 22679 06/12/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 45.47 22679 06/12/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 6.84 Check Total: 151.36
22680 06/12/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 73.24 22680 06/12/2023 General Fund Special Departmental Expense WINTON HARDWARE 46.32 22680 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 83.97 22680 06/12/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 53.85 22680 06/12/2023 General Fund Special Departmental Expense WINTON HARDWARE 74.30 22680 06/12/2023 General Fund Special Departmental Expense WINTON HARDWARE 32.28 AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22680 06/12/2023 General Fund Operations & Maintenance WINTON HARDWARE 14.84 Check Total:
Report Total:
378.80
1,329,139.47
AP-Checks for Approval (6/8/2023 - 8:50 AM) Page 16
CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
May 22, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:15 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present: City Council Members Ambriz, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: City Council Member Button
Staff Present: City Manager Waterman, City Attorney Splendorio, Deputy City Manager/Community Development Director Thompson, Human
Resources Director Sousa, Public Works Director Vinson, Deputy City Clerk Martin
CLOSED SESSION: (Conference Room A)
Mayor Nelson invited public comment on Closed Session items.
No one came forward to speak.
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:16 PM. Closed Session was called to order at 5:19 PM.
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding price and terms of payment. Agency Negotiators: City Manager Waterman, Deputy City Manager/Community Development Director Thompson.
Negotiating Parties:
City Council Meeting Action Minutes for May 22, 2023 Page 2 Property Locations: APN 156-060-010
APN 156-050-011
Closed Session adjourned at 6:00 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:04 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
INVOCATION:
The Invocation was led by Pastor Allen Thomas.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Mayor Nelson.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: City Council Member Button
Staff Present: City Manager Waterman, City Attorney Splendorio, Battalion Chief Ayuso, Police Chief Salvador, Deputy City
Manager/Community Development Director Thompson, Public Works Director Vinson, Human Resources Director Sousa, City Clerk Billings, Deputy City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council discussed two items, provided direction, and there was no reportable action.
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Mayor Pro Tem Raymond moved to approve the agenda as amended. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Nelson; Noes: None; Absent: Button. The motion passed.
Mayor Pro Tem Raymond stated Merced County District 3 Supervisor McDaniel would not be present this evening for his monthly update. He also congratulated Supervisor McDaniel’s son’s wedding.
City Council Meeting Action Minutes for May 22, 2023 Page 3 CEREMONIAL MATTERS:
Certificate of Recognition - Atwater High School Future Farmers of America "FFA" Students
City Council Member Cale presented certificates of recognition to the Atwater High School Future Farmers of America Students and Coaches for their achievements.
Proclamations
National Public Works Week, May 21 - May 27, 2023
Mayor Nelson presented the proclamation to Superintendent Matt Del Real, on behalf of the Public Works Department, recognizing the week of May 21 - 27, 2023 as National Public Works Week.
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
No one else came forward to speak.
Mayor Nelson closed the public comment.
MOTION: City Council Member Cale moved to approve the Consent Calendar as posted. The motion was seconded by Mayor Pro Tem Raymond and the vote was:
Ayes: Cale, Ambriz, Raymond, Nelson; Noes: None; Absent: Button. The motion passed.
TREASURER’S REPORT:
1. April 30, 2023
ACTION: Approval of report as listed.
WARRANTS:
2. May 22, 2023
ACTION: Approval of warrants as listed.
MINUTES: (City Council)
3. May 8, 2023 – Regular Meeting
ACTION: Approval of minutes as listed
City Council Meeting Action Minutes for May 22, 2023 Page 4 MINUTES: (Planning Commission)
4. April 19, 2023 – Regular meeting
ACTION: Acceptance of minutes as listed
AGREEMENTS:
5. Approving a Purchase Agreement (Purchase Order) with Volvo Construction Equipment & Services for a Towable Air Compressor (Public Works Director Vinson)
ACTION: Approves a Purchase Agreement (Purchase Order) to Volvo Construction Equipment & Services of Fresno, California for a Towable Air Compressor, in an amount not to exceed $26,649.13; and authorizes and directs the City Manager or her designee to execute the Agreement (Purchase Order) on behalf of the city.
6. Authorizing and approving Cooperative Purchase Agreement with Cloudpermit, Inc. for purchase of Permit Streamline Software (Deputy City Manager/Community Development Director Thompson)
ACTION: Authorizes and approves a Cooperative Purchase Agreement, in a form approved by the City Attorney, with Cloudpermit, Inc of Reston, Virginia, for a fiveyear subscription of permit streamlining software for Building Permitting, Planning, Land Use, and Code Enforcement, in an amount not to exceed $79,000 for the first year and $39,000 for each additional year; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.
PUBLIC HEARINGS:
Resolution approving a General Plan Amendment from Low-Density Residential to Commercial located at 316 E. Bellevue Rd, Atwater (Deputy City Manager/Community Development Director Thompson)
Deputy City Manager/Community Development Director Thompson provided background information on this item.
Mayor Nelson opened the public hearing.
No one came forward to speak.
Mayor Nelson closed the public hearing.
MOTION: Mayor Pro Tem Raymond moved to adopt Resolution No. 3393-23, approving General Plan Amendment No. 23-05-0100 to change the land use designation from Low-Density Residential to Commercial for the parcel located at 316 E. Bellevue Rd. (APN 004-021-001). The motion was seconded by City Council
City Council Meeting Action Minutes for May 22, 2023 Page 5 Member Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Nelson; Noes: None;
Absent: Button. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Approving an Amendment to Update the Standard Plans and Specifications of the City of Atwater (Deputy City Manager/Community Development Director Thompson) Deputy City Manager/Community Development Director Thompson provided background information on this item.
Mayor Pro Tem asked regarding bike lanes and connectivity.
Mayor Nelson asked regarding Electric Scooters.
Lt. Novetzke spoke regarding the law and Electric Scooters.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
Jim Price spoke regarding Electric Scooters.
Keith Pelowski spoke regarding motorized vehicles and the bike lanes.
MOTION: Mayor Pro Tem Raymond moved to adopt Resolution No. 3394-23 Amending the Standard Plans and Specifications of the City of Atwater. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Nelson; Noes: None; Absent: Button. The motion passed.
CITY MANAGER REPORTS/UPDATES:
City Manager Updates
City Manager Waterman reported the following:
City Manager Waterman provided information regarding transportation (Pedestrian, Rail, Alternative Modes) projects.
• Atwater Merced Expressway (AME) awaiting Environmental approval and as this project continues will eliminate traffic congestion on Highway 99. • The City Council recently approved the Bellevue Corridor project as well as Traffic Signal Synchronization also working towards eliminating traffic congestion.
• The City of Atwater recently purchased the parking lot at Atwater Boulevard and First Street for overflow parking and the Ace Train platform. A traffic signal will be placed at First Street and Atwater Boulevard.
City Council Meeting Action Minutes for May 22, 2023 Page 6 • Merced The Bus has placed several new benches throughout the City of Atwater, please be aware of the pedestrian traffic.
• There are several large construction projects in the City of Atwater, please slow down in the construction zones.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.
Mayor Nelson opened the public comment.
Amanda Nicole spoke regarding an outstanding restraining order.
Maria Estrada, via translator, spoke regarding an outstanding restraining order.
Arturo Martinez, District Representative for Senator Anna Caballero, spoke regarding the Young Legislators program.
Kory Billings spoke regarding the Bloss Memorial Healthcare District funding set aside for sports physicals for all incoming Jr. and Highschool students.
Jim Price spoke regarding fiscal responsibility and various topics that he would like addressed.
Keith Pelowski spoke regarding fiscal responsibility and the structure of the Town Hall meeting.
Pastor Rich Miller thanked the Mayor for attending a church function. He spoke regarding fiscal responsibility.
No one else came forward to speak.
Mayor Nelson closed the public comment.
CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Cale had nothing to report.
City Council Member Ambriz congratulated Atwater High School FFA students for all their efforts. He spoke regarding the most recent One Voice trip and the benefits to the residents. He wished his daughter a Happy Birthday.
City Council Meeting Action Minutes for May 22, 2023 Page 7 Mayor Pro Tem Raymond congratulated the newly married McDaniel family.
Mayor Nelson provided an update regarding frequently asked questions from residents. He provided an update regarding the One Voice trip and the various Agencies and Leaders that himself, City Council Member Ambriz, and City Manager Waterman met with. He spoke regarding what they learned about the process of the One Voice process.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 6:57 PM.
________________________________
JANELL MARTIN
DEPUTY CITY CLERK
CITY OF ATWATER
CITIZENS' OVERSIGHT COMMITTEE
FOR
PUBLIC SAFETY TRANSACTIONS
AND USE TAX
ACTION MINUTES
March 7, 2023
REGULAR SESSION: (Council Chambers)
The City of Atwater Citizens' Oversight Committee for Public Safety Transactions and Use Tax met in Regular Session this date at
5:35 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Chairperson Hyler presiding.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Chairperson Hyler.
INVOCATION:
The invocation was led by Police Chaplain Steve Mead.
ROLL CALL:
Present:
Absent:
Staff Present:
Committee Members Brantley, Vice Chairperson Brice, Dash, Garner, Chairperson Hyler
Committee Member Castro, Committee Member Pirtle
City Manager Waterman, Police Chief Salvador, CAL FIRE
Battalion Chief Ayuso, Deputy City Clerk Martin
Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for March 7 2023 Page 2 SUBSEQUENT NEED ITEMS: None.
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Committee Member Brice moved to approve the agenda as posted. The motion was seconded by Committee Member Brantley and the vote was: Ayes:
Brantley, Garner, Dash, Brice, Hyler; Noes: None; Absent: Castro and Pirtle. The motion passed.
Committee Member Castro joined the meeting at 5:37 PM.
MINUTES:
1. December 6, 2022 - Regular meeting
MOTION: Committee Member Dash moved to approve the minutes as listed. The motion was seconded by Committee Member Garner and the vote was: Ayes:
Garner, Castro, Brice, Dash, Brantley, Hyler; Noes: None; Absent: Pirtle The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
City Manager Waterman Update
City Manager Waterman provided clarification regarding the last meeting for the Citizens' Oversight Committee.
Police Department Update (Police Chief Salvador)
Police Chief Salvador provided the City of Atwater 2022 Annual Police Report. This report included calls for service, staffing levels, and funding of the Police Department.
Fire Department Update (CAL FIRE Battalion Chief Ayuso) CAL FIRE Battalion Chief Ayuso provided the City of Atwater 2022 Annual Fire Report. This report included calls for service, staffing levels, the annual contract and funding of the Fire Department.
Financial Report (Finance Director Youmara)
Finance Director Youmara provided an update regarding the unaudited budget status report for the second quarter of Fiscal Year 2022-23 Public Safety Transactions and Use Tax Fund.
Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for March 7 2023 Page 3 COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Jim Price spoke regarding quarterly reports, Police and Fire Master Plan and the Measure B ordinance.
No one else came forward to speak.
Chairperson Hyler closed the Public Comment.
COMMITTEE MATTERS:
Committee member comments
Committee Member Brantley had nothing.
Vice Chairperson Brice had nothing.
Committee Member Garner acknowledged and thanked the dispatch team, Code Enforcement Officer Salazar, and Code Enforcement Manager Garcia Committee Member Dash acknowledged and thanked the Code Enforcement team.
Committee Member Castro thanked City staff for keeping the City safe and dry.
Chairperson Hyler spoke regarding livestreaming the meetings and thanked the staff for the work they put forth.
ADJOURNMENT:
Chairperson Hyler adjourned the meeting at 7:30 PM.
APPROVED:
BY: Janell Martin
Oversight Recording Secretary
CITY OF ATWATER
REGULAR MEETING
AUDIT AND FINANCE COMMITTEE
ACTION MINUTES
March 27, 2023
The City of Atwater Audit and Finance Committee met in Regular Session this date at 4:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Committee Chair Ambriz presiding.
PLEDGE OF ALLEGIANCE OF THE FLAG: Deferred to Regular Council Meeting.
ROLL CALL:
Present:
Absent:
Staff Present:
Committee Chair Ambriz, Committee Vice Chair Nelson,
Committee Member Borba
City Manager Waterman
Finance Director Youmara
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Vice Chair Nelson moved to approve the agenda as posted. The motion was seconded by Committee Member Borba and the vote was: Ayes: Nelson, Borba, Ambriz; Noes: None. The motion passed.
SUBSEQUENT NEED ITEMS:
None to report.
MINUTES:
February 27, 2023 - Regular meeting
MOTION: Vice Chair Nelson moved to approve the minutes as listed. The motion was seconded by Committee Member Borba and the vote was:
Ayes: Borba, Nelson, Ambriz Noes: None. The motion passed.
Audit and Finance Committee Minutes for March 27, 2023 Page 2 FUNDING AND BUDGET MATTERS:
Treasurer's Report for the month ending February 28, 2023 (City Treasurer Borba) MOTION: Committee Vice Chair Nelson moved to approve the February 28, 2023 Treasurer's Report as listed. The motion was seconded by Committee Chair Ambriz and the vote was: Ayes: Nelson, Ambriz; Noes: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Verbal report providing high-level overview of City of Atwater investments. (Finance Director Youmara)
Finance Director Youmara gave an overview of the City of Atwater investments in LAIF and a Chandler representative, Alayne Sampson, gave an overview of Chandler investments.
No action requested. Informational item only.
COMMENTS FROM THE PUBLIC:
No one came forward to speak.
COMMITTEE MEMBER COMMENTS:
Committee Member Borba commented on the positive steps Finance has taken regarding utility billing aging report and showed his appreciation.
ADJOURNMENT:
Committee Chair Ambriz adjourned the meeting at 4:52 PM.
By: Dell Youmara
Finance Director
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
June 12, 2023
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director
PREPARED
BY:
Delilah Youmara, Finance Director
SUBJECT: Approving the Statement of Investment Policy for Fiscal Year 2023-24 and delegating authority to the City Treasurer to invest funds accordingly (Finance Director Youmara)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3399-23 approving the Statement of Investment Policy for Fiscal Year 2023-24 and delegating authority to the City Treasurer to invest funds in accordance with the Statement of Investment Policy.
I. BACKGROUND/ANALYSIS:
Government Code Section, 53600 et seq. contains the statues governing the investment of public funds. Annually the City's Statement of Investment Policy should be reviewed and updated for compliance with Government code Section, 53600 et seq.
The goal of the Statement of Investment Policy presented to Council for adoption for fiscal year 2023-24 remains consistent with past fiscal years, which is to invest public funds in a manner which will provide maximum security, meet daily cash flow demands of the City, and provide the highest investment return while conforming to all California Laws pertaining to the investment of public funds.
Staff is recommending the following updates to the Investment Policy to incorporate a few best practices and update format for ease of reading:
• Formatting changes are included for ease of reading:
o Reformatted the “Exhibit A” so it only on the front page for the Resolution and also attached to the Authorized Investments and Glossary pages. o Removed the duplication of definitions for T-bills, notes and bonds from the body of the policy; remains in the glossary.
• A few best practices were incorporated:
o Added 20% limit on callable securities
o Added language on how to review an investment pool/ mutual fund o Limited supranational max issuer limit to 10% per issuer o Updated the name of the 1-5 year UST/Agency benchmark
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
• Updated the rating category language in the policy to be consistent with the “A” or better credit rating per SB 974 (2016)
Government code Section 53607 states that the City Council may annually delegate authority to the City Treasurer to make investments on behalf of the City. This authority has been delegated in the past and should continue to be authorized as allowed under Government Code Section 53607.
II. FISCAL IMPACTS:
The investment policy continues to remain in compliance with Government Code Section 53600 et seq. The fiscal impact to the City depends upon the type and length of the allowed investment instrument. 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:
Resolution No. 3220-22 is the most current adopted Statement of Investment Policy which covers Fiscal Year 2022-2023. This item also meets the City Council's goal of maintaining sound, responsible fiscal policies and adhering to adopted policies and procedures.
V. ALTERNATIVES:
The City Council could choose not to adopt Resolution No. 3399-23 approving the Statement of Investment Policy for Fiscal Year 2023-24.
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 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:
Following approval and adoption of the Resolution, the City Clerk will upload the adopted Statement of Investment Policy for Fiscal Year 2023-24 to the City's website to promote financial transparency.
Submitted by:
Agenda Report - Page 3
Delilah Youmara, Finance Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. 3399-23 Reso Adopt Stmt of Investment Policy FY 23-24
2. FY 23-24 Atwater Investment Policy-REDLINE
3. FY 23-24 Atwater Investment Policy-Approved Changes
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3399-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING THE
STATEMENT OF INVESTMENT POLICY FOR THE
2023-2024 FISCAL YEAR AND DELEGATING
AUTHORITY TO THE CITY TREASURER TO
INVEST FUNDS IN ACCORDANCE WITH THE
STATEMENT OF INVESTMENT POLICY
WHEREAS, the City Council has reviewed a proposed annual Statement of Investment Policy providing guidelines for the investment of City funds pursuant to Government Code Sections 53600 et seq.; and
WHEREAS, consistent with Government Code Section 53607, the City Council may annually delegate authority to the City Treasurer to make investments on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atwater that the Statement of Investment Policy attached as Exhibit “A” is hereby approved.
BE IT FURTHER RESOLVED, that the City Council does hereby delegate authority to the City Treasurer to invest funds in accordance with the City’s Statement of Investment Policy for the 2023-2024 fiscal year. .
The foregoing resolution is hereby adopted this 12th day of June 2023.
Resolution No. 3399-23 Page 2
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
1. Purpose
This statement is intended to provide a guideline for the prudent investment of operating funds and restricted monies and to outline a policy for maximizing the efficiency of the cash management system for the City of Atwater. Ultimate investment goals include the enhancement of economic status and the protection of pooled cash investments. This investment policy was endorsed and adopted by the City Council of the City of Atwater, is effective as of the 27th day of June, 2022, and replaces any previous version.
2. Policy
It is the policy of the City of Atwater to invest public funds in a manner which will provide maximum security, meet the daily cash flow demands of the City, and provide highest investment return while conforming to all California laws set forth in the State Government Code, Sections 53600 et seq., and local statutes governing the investment of public funds.
3. Scope
This Investment Policy applies to all funds and investment activities under the direct authority of the City of Atwater, including that of the Successor Agency to the Atwater Redevelopment Agency. This policy does not cover any funds held by fiscal agents in connection with the issuance of any debt by the City. Such funds shall be invested in accordance with the bond documents and trust indentures.
Pooling of funds: Except for cash in certain restricted and special funds, the Agency will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration.
Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
4. Prudence
Pursuant to California Government Code , Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the prudent investor standard: “…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.” When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. Deviations from expectations of a security’s credit or market risk should be reported to the governing body in a timely fashion and appropriate action should be taken to control adverse developments.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
5. Objective
The primary objectives in priority order, of the City of Atwater’s investment activities shall be:
5.1 Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City of Atwater shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.
The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or the City's risk preferences.
5.2 Liquidity: The City of Atwater's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated.
5.3 Return on Investment: The City of Atwater's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio.
6. Risk Tolerance
The City Council of the City of Atwater recognizes that investment risks can result from issuer default, market price changes or various technical complications leading to temporary illiquidity.
Portfolio diversification is employed as a method to control risk. Investment managers are expected to display prudence in the selection of securities, as a way to minimize default risk. No individual investment transaction shall be undertaken which jeopardizes the total capital position of the overall portfolio. The City Treasurer shall, concurrent with the annual review and approval of the City’s Statement of Investment Policy, periodically recommend to the City Council guidelines and strategies to control risks of default, market price changes and liquidity.
7. Delegation of Authority
Management responsibility for the investment program is the responsibility of the City Council unless delegated by City Council action to the City Treasurer. Investment of City of Atwater funds shall be conducted within the constraints of this Investment Policy. The conduct of the City’s day-to-day banking and investment activities shall be the responsibility of the Finance Director, Finance Operations Manager and/or City Manager of the City of Atwater. The Finance Director, Finance Operations Manager and/or City Manager must conform to the signature requirements on all City accounts and cannot conduct banking and investing business without the proper signatures.
The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.
The City's overall investment program shall be designed and managed with a degree of
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.
8. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within the jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Atwater’s portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City's, particularly with regard to the time of purchases and sales.
9. Authorized Financial Dealers and Institutions
To the extent practicable, the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City’s Treasurer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms.
The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions that are approved for investment purposes that are selected through a process of due diligence as determined by the City. Due inquiry shall determine whether such authorized broker/dealers, and the individuals covering the City are reputable and trustworthy, knowledgeable and experienced in Public City investing and able to meet all of their financial obligations. These institutions may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (uniform net capital rule).
In accordance with Gov. Code Section 53601.5, the City is permitted to purchase investments from the following institutions:
• Institutions licensed by the state as a broker-dealer. • Institutions that are members of a federally regulated securities exchange. • A brokerage firm designated as a primary government dealer by the Federal Reserve bank.
• Nationally or state-chartered banks.
• A State Association or a Federal Association
• Direct issuers of securities eligible for purchase.
Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.
All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Treasurer with audited financials and a statement certifying that the institution has reviewed the California
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
Government Code, Section 53600 et seq. and the City’s investment policy. The Treasurer will conduct an annual review of the financial condition and registrations of such qualified bidders.
Public deposits will be made only in qualified public depositories as established by State law.
Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.
10. Authorized Investments
The City is governed by the California Government Code Sections 53600 et seq. Authorized investments of the City are detailed in Exhibit "A" which is made part of this investment policy.
11. Investment Pools / Mutual Funds
The Agency shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Treasurer shall develop a questionnaire which will answer the following general questions:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves, retained earnings, etc. utilized by the pool/fund? • A fee schedule, and when and how is it assessed.
• Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?
11.12. Collateralization
Collateralization will be required as indicated in Exhibit "A". Collateral will always be held by an
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution may be granted.
12.13. Safekeeping and Custody
All securities owned by the City, shall be held in safekeeping by the City's custodian bank or a third party bank trust department, acting as agent for the City under the terms of a custody or trustee agreement executed by the bank and by the City. A monthly report will be received by the City from the custodian or third party bank trust department listing all securities held in safekeeping with current market data and other information. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) mutual funds and money market mutual funds, since these securities are not deliverable.
13.14. Risk Management and Diversification
MITIGATING CREDIT RISK IN THE PORTFOLIO
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
• Following the diversification requirements included in the “Authorized Investments” section of this policy.
• No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
• If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the following steps will be taken:
• Any actions taken related to the downgrade by the investment manager will be communicated to the Treasurer in a timely manner.
• If a decision is made to retain the security, the credit situation will be monitored and reported to the City Council.
MITIGATING MARKET RISK IN THE PORTFOLIO
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
• The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. • The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy.
• The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances. ".
14.15. Maximum Maturities
Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchasesettlement date (See exceptions indicated in Exhibit "A").
15.16. Internal Control
The Treasurer shall establish a system of written internal controls which shall be reviewed by an independent auditor. This review will provide internal control by assuring compliance with policies and procedures. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the city. Controls deemed most important include: control of collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and code of ethics standards.'
16.17. Performance Standards
The investment portfolio shall be designed to attain a market average rate of return through
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
budgetary and economic cycles, taking into account the investment risk constraints and cash flow needs. The specific investment performance objective for the portfolio shall be to earn a total rate of return over a market cycle which is approximately equal to a market benchmark index. The current benchmark index for the portfolio is the ICE BofA 1-5 Yr US Treasury & Agency IndexMerrill Lynch U.S. Treasuries/ Agencies 1-5 Year Index.
17.18. Reporting
The City Treasurer shall submit a monthly investment report to the City Council. This report will include all required elements of the monthly report as prescribed in California Government Code Section 53646. Pursuant to the adopted Investment Policy for the City of Atwater, this monthly shall include:
1. The type of investment, name of issuer, date of investment, date of maturity, rate of interest, asking price and par and dollar amount invested on all securities, investments, monies and/or deposits.
2. The weighted average maturity of the portfolio.
3. Transactions for the period
4. A description of the funds, investments and programs (including lending programs) managed by contracted parties (i.e. LAIF; , investment pools, outside money managers and securities lending agents)
5. The market value as of the date of the report and the source of the valuation.
6. A statement of compliance with the Investment Policy or, if not in compliance, a statement of non-compliance and the manner in which the portfolio is not in compliance.
7. A statement of compliance with California Government Code Section 53646 from the City Treasurer certifying that sufficient investment liquidity and anticipated revenues are available to meet the City’s budgeted expenditure requirement for the next six (6) months or an explanation as to why sufficient money shall, or may, not be available
18.19. Review of the Investment Policy
The City of Atwater’s Statement of Investment Policy shall be reviewed and adopted at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends by City Council resolution. Any modifications made thereto must be approved by the City Council.
19.20. Ext
ernal Auditor
As a part of each year’s financial audit of the City of Atwater, the external auditors shall review the Statement of Investment Policy and shall confirm that the City’s investments are in compliance with that policy. Any issues noted will be reported to the City Council.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
A. INVESTMENTS- Within the investments permitted by the Code, the Agency seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence.
Percentage holding limits listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.
1. U.S. Treasury Securities (bills, notes and bonds) are sold to finance gaps between the federal government's receipts and expenditures.
A treasury bill (or T-bill) is an obligation of the U.S. government to pay the bearer a fixed sum on a specific date. Bills are sold by the Treasury at a discount from their par (face) value through a competitive auction.
Treasury notes are coupon securities paying interest every six months and have a fixed maturity of not less than one year and not more than 10 years.
Treasury bonds are coupon securities paying interest every six months with maturities of more than 10 years.
California Government Code Section 53601 Requirement: No limit specified:
City of Atwater Limitation:
1) Maximum maturity - five years
2) Maximum par value total size - None
3) Maximum par value per issue- None
4) Credit- Full faith and credit of the Federal Government
2. U.S. Agency & Government Sponsored Enterprise Securities are not direct obligations of the United States but rather are direct obligations of agencies of the federal government or government-sponsored enterprises. Securities issued by U.S. government agencies are backed by the full faith and credit of the U.S. government. They include the following agencies:
-Government National Mortgage Association (GNMA)
-Export-Import Bank (EXIMBANK)
-Small Business Administration (SBAs)
-Farmers Home Administration (FHA)
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
-General Services Administration (GSA)
-Maritime Administration
The federal government has sponsored the creation of, or the financial support of several corporations, also known as government-sponsored enterprises. None of these organizations carry the federal government guarantee.
They include the following agencies:
-Federal National Mortgage Association (FNMA)
-Federal Farm Credit Bank (FFCB)
-Federal Home Loan Bank (FHLB)
-Federal Home Loan Mortgage Corporation (FHLMC)
-Tennessee Valley Authority (TVA)
California Government Code Section 53601 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity- five years
2) Maximum par value total size- no limitation
3) Maximum par value per issue-no limitation
4) The maximum percent of callable agency securities in the portfolio will be 20%. 5) Credit-Despite having no statutory limitation concerning this category, prudent investment practice necessitates constant analysis of the issuing agency. Although these issues have either the implicit or explicit guarantee of the federal government, market perception often limits the liquidity of these issues.
3. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency.
California Government Code Section 53601 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity- five years
2) Maximum par value total size- 30% of portfolio
3) Maximum par value per issue-5%
4) Credit- The Securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”)
4. Obligations (Municipal Securities) of any of the other 49 states in addition to California, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency.
California Government Code Section 53601 Requirement: No limit specified.
City of Atwater Limitation:
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
1) Maximum maturity- five years
2) Maximum par value total size- 30% of portfolio
3) Maximum par value per issue-5%
4) Credit- The Securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”)
5. Bankers Acceptances are typically created from a letter of credit issued in a foreign trade transaction and are time drafts drawn on and accepted by a bank to pay a specified amount of money on a specified date.
California Government Code Section 53601 Requirement:
1) Purchases may not exceed 180 days.
2) Purchases are restricted to 40% of the agency's surplus money. 3) No more than 30% of the City's surplus money may be invested in the bankers’ acceptances of any one commercial bank.
4) Include only those that are eligible for discounting with the Federal Reserve System.
City of Atwater Limitation:
1) Maximum maturity – 180 days
2) Maximum par value size 30% of portfolio
3) Maximum par value per institution - 5%
4) Credit - financial institutions that shall only include banks that have short-term credit ratings of A-1, P-1 or equivalent ratings from other recognized rating services.
6. Certificates of Deposit
a. Certificate of Deposit (Time Deposit) is a time deposit in a financial institution documented by a certificate that bears a specified dollar amount of the deposit, a specified maturity date and a specified interest rate.
California Government Code Section 53635.8 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity - 2 years
2) Maximum par value total size-No restriction
3) Maximum par value per institution- $500,000
4) Credit - from City authorized financial institutions. Collateralization must comply with statutory regulations.
5) Must be located in the State of California
b. Negotiable Certificates of Deposit are issued by nationally or state-chartered banks, savings associations or federal associations (as defined by Section 5102 of the Financial Code), state or federal credit unions, or federally or state licensed branches of foreign
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
banks and are traditionally traded in lots of at least $1,000,000.
California Government Code Section 53601 Requirement: Shall not exceed the net worth of the institution.
City of Atwater Limitation:
1) Maximum Maturity- 2 years
2) Maximum par value total size - 30%
3) Maximum par value per institution - $1,000,000
4) Credit - Must be rated ‘A’ or higher by a nationally recognized statistical-rating organization.
7. Commercial Paper are short-term unsecured promissory notes issued by various economic entities in the open market to finance certain short-term credit needs.
California Government Code Section 53601 Requirement:
1) Prime quality of the highest ranking or of the highest letter and numerical rating as provided for by nationally recognized statistical-rating organization. 2) Issuing corporation must be organized and operating within the United States. 3) Issuing corporation must have total assets in excess of five hundred million dollars ($500,000,000). .
4) Issuing corporation must have an "A" or higher rating by a nationally recognized statistical-rating organization for the issuer's debt, other than commercial paper. 5) Purchases may not exceed 270 days maturity.
6) Purchases may not represent more than 10% of the outstanding paper of an issuing corporation.
7) Purchases may not exceed 25% of the agency's surplus money.
City of Atwater Limitation:
1) Maximum maturity- 270 days
2) Maximum par value size 25% of portfolio
3) Maximum par value per name- 10% per issuer regardless of sector. 4) Credit- CA Government Code Section 53601 requirements including commercial paper rated “A-1” or higher, or the equivalent, by a nationally recognized statistical ratings organization.
8. Medium Term Notes: The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
California Government Code Section 53601 Requirement:
1) Maximum of five years maturity
2) Shall be rated rating category of ‘A’ or better by a nationally recognized statistical ratings organization.
3) May not exceed 30% of surplus money
City of Atwater Limitation:
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
1) Maximum of five years maturity
2) Shall be rating category ofrated ‘A’ or better by a nationally recognized statistical ratings organization
3) Maximum par value per issuer- 5%
4) Credit – from City authorized institutions that shall only include institutions rated in a rating category of ‘A’ or higher by a nationally recognized statistical-rating organization. Any downgrading of these issues after purchase shall be reported to the Council.
9. Local Agency Investment Fund (LAIF) was established by the State to enable treasurers to place funds in a pool for investments.
LAIF Limitations:
Maximum per California Government Code
City of Atwater Limitation:
1. LAIF limitation
10. Repurchase Agreements are not a security but a contractual agreement and consist of two simultaneous transactions: 1) First, an investor purchases securities (collateral) from a bank or dealer; 2) At the same time, the selling bank or dealer contractually agrees to repurchase the collateral security at the same price (plus interest) at some mutually agreed future date.
California Government Code Section 53601 Requirement:
1) Term of repurchase agreements shall be for one year or less. 2) All securities under a repurchase agreement shall be held by the agency's safekeeping agent.
3) The seller of repurchase securities shall not be entitled to substitute securities, except as authorized by the City. New or substitute securities should be reasonably identical to the original securities in terms of maturity, yield, quality and liquidity.
City of Atwater Limitation:
1) Maximum maturity – one year
2) Maximum par value total size - 10%
3) Maximum par value per institution - 10%
4) Credita) Securities shall be marked to market daily and shall be maintained at a value no lower than $102.
b) Securities acceptable as collateral shall be U.S. Treasury obligations only. c) It should be covered by a master repurchase agreement. 5) Repurchase agreements shall only be made with primary dealers of the Federal Reserve Bank of New York.
11. Asset Backed Securities (ABS)/ Mortgage Back Securities (MBS) are securities whose value is derived from the collateral of a specified pool of underlying assets. The pools of underlying assets can include common payments from the loans and leases of credit cards,
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
autos, equipment and mortgages
California Government Code Section 53601 (o) Requirement:
1) Maximum Maturity 5 years or less.
2) Shall be rated in a rating category of ‘AA’ or better by a nationally recognized statistical ratings organization.
3) Maximum par value total size- 20% of portfolio
City of Atwater Limitation:
1) Maximum maturity – 5 years or less
2) Maximum par value total size - 20%
3) Maximum par value per institution – 5%
4) Credit: In a rating category of ‘AA’ or better by a nationally recognized statistical ratings organization.
5) This section does not apply for issuers in section 2 (US agency and Government Securities.
12. Supranationals Obligations: Supranationals are international institutions that provide development financing, advisory services and/or other financial services to their member countries.
California Government Code Section 53601(q) Requirement:
1) Maximum of five years maturity or less
2) Shall be rated in a rating category of ‘AA’ or better by a nationally recognized statistical ratings organization.
3) May not exceed 30% of surplus money
City of Atwater Limitation:
1) Maximum of five years maturity or less
2) Shall be rated in a rating category of ‘A’A’ or better by a nationally recognized statistical ratings organization
3) 3) Maximum value not to exceed 30% or portfolio value 3) No more than 10% of the portfolio may be invested in any single issuer. 4)
4)5) 4) Credit –Any downgrading of these issues after purchase shall be reported to the Council.
13. Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
1. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
(i) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
• No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
2. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
(i) Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million.
California Government Code Section 53601(q) Requirement:
1) Maximum maturity: no limit specified
2. a) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or b) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
3) May not exceed 20% of portfolio
City of Atwater Limitation:
1) Maximum maturity not specified
2 a) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or b) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
3) No more than 20% of the total portfolio may be invested in these securities 4) Investment Limitations:
• Mutual Funds: No more than 10% of the total portfolio may be invested in shares of any one mutual fund
• Money Market Funds: No more than 20% of the total portfolio may be invested in shares of any one money market fund
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
__________________________________________________________________________
GLOSSARY OF INVESTMENT TERMS
AGENCIES. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market.
FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.
FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
AVERAGE LIFE. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.
CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.
CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate.
CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.
COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
COLLATERALIZED BANK DEPOSIT. A bank deposit that is collateralized at least 100% (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
COLLATERALIZED TIME DEPOSIT. Time deposits that are collateralized at least 100% (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COMMERCIAL PAPER. The short-term unsecured debt of corporations.
COUPON. The rate of return at which interest is paid on a bond.
CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
DEALER. A dealer acts as a principal in security transactions, selling securities from and buying
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
securities for his own position.
DEBENTURE. A bond secured only by the general credit of the issuer.
DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
DERIVATIVE. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC). The Federal Deposit Insurance Corporation (FDIC) is an independent federal agency insuring deposits in U.S. banks and thrifts in the event of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.
FEDERALLY INSURED TIME DEPOSIT. A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (CD). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.
LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
LIQUIDITY. The speed and ease with which an asset can be converted to cash.
LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.
MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
MARKET VALUE. The price at which a security can be traded.
MATURITY. The final date upon which the principal of a security becomes due and payable. The investment’s term or remaining maturity is measured from the settlement date to final maturity.
MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis.
MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND. A mutual fund that invests exclusively in short-term securities.
Examples of investments in money market funds are certificates of deposit and U.S.
Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.
MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO).
A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.
NEGOTIABLE CERTIFICATE OF DEPOSIT (CD). A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or statelicensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).
PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.
Government securities market.
PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.
SECURITIES AND EXCHANGE COMMISSION (SEC). The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 20223-20234
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
SECURITIES AND EXCHANGE COMMISSION SEC) RULE 15C3-1. An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.
STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the tenyear Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
TREASURY BILLS (“T-BILL”). All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
3542772.1
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
1. Purpose
This statement is intended to provide a guideline for the prudent investment of operating funds and restricted monies and to outline a policy for maximizing the efficiency of the cash management system for the City of Atwater. Ultimate investment goals include the enhancement of economic status and the protection of pooled cash investments. This investment policy was endorsed and adopted by the City Council of the City of Atwater, is effective as of the 27th day of June, 2022, and replaces any previous version.
2. Policy
It is the policy of the City of Atwater to invest public funds in a manner which will provide maximum security, meet the daily cash flow demands of the City, and provide highest investment return while conforming to all California laws set forth in the State Government Code, Sections 53600 et seq., and local statutes governing the investment of public funds.
3. Scope
This Investment Policy applies to all funds and investment activities under the direct authority of the City of Atwater, including that of the Successor Agency to the Atwater Redevelopment Agency. This policy does not cover any funds held by fiscal agents in connection with the issuance of any debt by the City. Such funds shall be invested in accordance with the bond documents and trust indentures.
Pooling of funds: Except for cash in certain restricted and special funds, the Agency will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration.
Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
4. Prudence
Pursuant to California Government Code , Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the prudent investor standard: “…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.” When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. Deviations from expectations of a security’s credit or market risk should be reported to the governing body in a timely fashion and appropriate action should be taken to control adverse developments.
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
5. Objective
The primary objectives in priority order, of the City of Atwater’s investment activities shall be:
5.1 Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City of Atwater shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.
The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or the City's risk preferences.
5.2 Liquidity: The City of Atwater's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated.
5.3 Return on Investment: The City of Atwater's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio.
6. Risk Tolerance
The City Council of the City of Atwater recognizes that investment risks can result from issuer default, market price changes or various technical complications leading to temporary illiquidity.
Portfolio diversification is employed as a method to control risk. Investment managers are expected to display prudence in the selection of securities, as a way to minimize default risk. No individual investment transaction shall be undertaken which jeopardizes the total capital position of the overall portfolio. The City Treasurer shall, concurrent with the annual review and approval of the City’s Statement of Investment Policy, periodically recommend to the City Council guidelines and strategies to control risks of default, market price changes and liquidity.
7. Delegation of Authority
Management responsibility for the investment program is the responsibility of the City Council unless delegated by City Council action to the City Treasurer. Investment of City of Atwater funds shall be conducted within the constraints of this Investment Policy. The conduct of the City’s day-to-day banking and investment activities shall be the responsibility of the Finance Director, Finance Operations Manager and/or City Manager of the City of Atwater. The Finance Director, Finance Operations Manager and/or City Manager must conform to the signature requirements on all City accounts and cannot conduct banking and investing business without the proper signatures.
The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.
The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.
8. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within the jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Atwater’s portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City's, particularly with regard to the time of purchases and sales.
9. Authorized Financial Dealers and Institutions
To the extent practicable, the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City’s Treasurer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms.
The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions that are approved for investment purposes that are selected through a process of due diligence as determined by the City. Due inquiry shall determine whether such authorized broker/dealers, and the individuals covering the City are reputable and trustworthy, knowledgeable and experienced in Public City investing and able to meet all of their financial obligations. These institutions may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (uniform net capital rule).
In accordance with Gov. Code Section 53601.5, the City is permitted to purchase investments from the following institutions:
Institutions licensed by the state as a broker-dealer. Institutions that are members of a federally regulated securities exchange. A brokerage firm designated as a primary government dealer by the Federal Reserve bank.
Nationally or state-chartered banks.
A State Association or a Federal Association
Direct issuers of securities eligible for purchase.
Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.
All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Treasurer with audited financials and a statement certifying that the institution has reviewed the California Government Code, Section 53600 et seq. and the City’s investment policy. The Treasurer will conduct an annual review of the financial condition and registrations of such qualified bidders.
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
Public deposits will be made only in qualified public depositories as established by State law.
Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.
10. Authorized Investments
The City is governed by the California Government Code Sections 53600 et seq. Authorized investments of the City are detailed in Exhibit "A" which is made part of this investment policy.
11. Investment Pools / Mutual Funds
The Agency shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Treasurer shall develop a questionnaire which will answer the following general questions:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves, retained earnings, etc. utilized by the pool/fund? • A fee schedule, and when and how is it assessed.
• Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?
12. Collateralization
Collateralization will be required as indicated in Exhibit "A". Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution may be granted.
13. Safekeeping and Custody
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
All securities owned by the City, shall be held in safekeeping by the City's custodian bank or a third party bank trust department, acting as agent for the City under the terms of a custody or trustee agreement executed by the bank and by the City. A monthly report will be received by the City from the custodian or third party bank trust department listing all securities held in safekeeping with current market data and other information. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) mutual funds and money market mutual funds, since these securities are not deliverable.
14. Risk Management and Diversification
MITIGATING CREDIT RISK IN THE PORTFOLIO
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
Following the diversification requirements included in the “Authorized Investments” section of this policy.
No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the following steps will be taken:
Any actions taken related to the downgrade by the investment manager will be communicated to the Treasurer in a timely manner.
If a decision is made to retain the security, the credit situation will be monitored and reported to the City Council.
MITIGATING MARKET RISK IN THE PORTFOLIO
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy.
The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances. ".
15. Maximum Maturities
Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the settlement date (See exceptions indicated in Exhibit "A").
16. Internal Control
The Treasurer shall establish a system of written internal controls which shall be reviewed by an independent auditor. This review will provide internal control by assuring compliance with policies and procedures. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the city. Controls deemed most important include: control of collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and code of ethics standards.'
17. Performance Standards
The investment portfolio shall be designed to attain a market average rate of return through budgetary and economic cycles, taking into account the investment risk constraints and cash flow needs. The specific investment performance objective for the portfolio shall be to earn a total rate of return over a market cycle which is approximately equal to a market benchmark index. The current benchmark index for the portfolio is the ICE BofA 1-5 Yr US Treasury & Agency Index.
18. Reporting
The City Treasurer shall submit a monthly investment report to the City Council. This report will include all required elements of the monthly report as prescribed in California Government Code
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
Section 53646. Pursuant to the adopted Investment Policy for the City of Atwater, this monthly shall include:
1. The type of investment, name of issuer, date of investment, date of maturity, rate of interest, asking price and par and dollar amount invested on all securities, investments, monies and/or deposits.
2. The weighted average maturity of the portfolio.
3. Transactions for the period
4. A description of the funds, investments and programs (including lending programs) managed by contracted parties (i.e. LAIF, investment pools, outside money managers and securities lending agents)
5. The market value as of the date of the report and the source of the valuation.
6. A statement of compliance with the Investment Policy or, if not in compliance, a statement of non-compliance and the manner in which the portfolio is not in compliance.
7. A statement of compliance with California Government Code Section 53646 from the City Treasurer certifying that sufficient investment liquidity and anticipated revenues are available to meet the City’s budgeted expenditure requirement for the next six (6) months or an explanation as to why sufficient money shall, or may, not be available
19. Review of the Investment Policy
The City of Atwater’s Statement of Investment Policy shall be reviewed and adopted at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends by City Council resolution. Any modifications made thereto must be approved by the City Council.
20. External Auditor
As a part of each year’s financial audit of the City of Atwater, the external auditors shall review the Statement of Investment Policy and shall confirm that the City’s investments are in compliance with that policy. Any issues noted will be reported to the City Council.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
A. INVESTMENTS- Within the investments permitted by the Code, the Agency seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence.
Percentage holding limits listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.
1. U.S. Treasury Securities (bills, notes and bonds) are sold to finance gaps between the federal government's receipts and expenditures.
California Government Code Section 53601 Requirement: No limit specified:
City of Atwater Limitation:
1) Maximum maturity - five years
2) Maximum par value total size - None
3) Maximum par value per issue- None
4) Credit- Full faith and credit of the Federal Government
2. U.S. Agency & Government Sponsored Enterprise Securities are not direct obligations of the United States but rather are direct obligations of agencies of the federal government or government-sponsored enterprises. Securities issued by U.S. government agencies are backed by the full faith and credit of the U.S. government. They include the following agencies:
-Government National Mortgage Association (GNMA)
-Export-Import Bank (EXIMBANK)
-Small Business Administration (SBAs)
-Farmers Home Administration (FHA)
-General Services Administration (GSA)
-Maritime Administration
The federal government has sponsored the creation of, or the financial support of several corporations, also known as government-sponsored enterprises. None of these organizations carry the federal government guarantee.
They include the following agencies:
-Federal National Mortgage Association (FNMA)
-Federal Farm Credit Bank (FFCB)
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
-Federal Home Loan Bank (FHLB)
-Federal Home Loan Mortgage Corporation (FHLMC)
-Tennessee Valley Authority (TVA)
California Government Code Section 53601 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity- five years
2) Maximum par value total size- no limitation
3) Maximum par value per issue-no limitation
4) The maximum percent of callable agency securities in the portfolio will be 20%. 5) Credit-Despite having no statutory limitation concerning this category, prudent investment practice necessitates constant analysis of the issuing agency. Although these issues have either the implicit or explicit guarantee of the federal government, market perception often limits the liquidity of these issues.
3. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency.
California Government Code Section 53601 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity- five years
2) Maximum par value total size- 30% of portfolio
3) Maximum par value per issue-5%
4) Credit- The Securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”)
4. Obligations (Municipal Securities) of any of the other 49 states in addition to California, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency.
California Government Code Section 53601 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity- five years
2) Maximum par value total size- 30% of portfolio
3) Maximum par value per issue-5%
4) Credit- The Securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”)
5. Bankers Acceptances are typically created from a letter of credit issued in a foreign trade transaction and are time drafts drawn on and accepted by a bank to pay a specified amount of
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
money on a specified date.
California Government Code Section 53601 Requirement:
1) Purchases may not exceed 180 days.
2) Purchases are restricted to 40% of the agency's surplus money. 3) No more than 30% of the City's surplus money may be invested in the bankers’ acceptances of any one commercial bank.
4) Include only those that are eligible for discounting with the Federal Reserve System.
City of Atwater Limitation:
1) Maximum maturity – 180 days
2) Maximum par value size 30% of portfolio
3) Maximum par value per institution - 5%
4) Credit - financial institutions that shall only include banks that have short-term credit ratings of A-1, P-1 or equivalent ratings from other recognized rating services.
6. Certificates of Deposit
a. Certificate of Deposit (Time Deposit) is a time deposit in a financial institution documented by a certificate that bears a specified dollar amount of the deposit, a specified maturity date and a specified interest rate.
California Government Code Section 53635.8 Requirement: No limit specified.
City of Atwater Limitation:
1) Maximum maturity - 2 years
2) Maximum par value total size-No restriction
3) Maximum par value per institution- $500,000
4) Credit - from City authorized financial institutions. Collateralization must comply with statutory regulations.
5) Must be located in the State of California
b. Negotiable Certificates of Deposit are issued by nationally or state-chartered banks, savings associations or federal associations (as defined by Section 5102 of the Financial Code), state or federal credit unions, or federally or state licensed branches of foreign banks and are traditionally traded in lots of at least $1,000,000.
California Government Code Section 53601 Requirement: Shall not exceed the net worth of the institution.
City of Atwater Limitation:
1) Maximum Maturity- 2 years
2) Maximum par value total size - 30%
3) Maximum par value per institution - $1,000,000
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
4) Credit - Must be rated ‘A’ or higher by a nationally recognized statistical-rating organization.
7. Commercial Paper are short-term unsecured promissory notes issued by various economic entities in the open market to finance certain short-term credit needs.
California Government Code Section 53601 Requirement:
1) Prime quality of the highest ranking or of the highest letter and numerical rating as provided for by nationally recognized statistical-rating organization. 2) Issuing corporation must be organized and operating within the United States. 3) Issuing corporation must have total assets in excess of five hundred million dollars ($500,000,000). .
4) Issuing corporation must have an "A" or higher rating by a nationally recognized statistical-rating organization for the issuer's debt, other than commercial paper. 5) Purchases may not exceed 270 days maturity.
6) Purchases may not represent more than 10% of the outstanding paper of an issuing corporation.
7) Purchases may not exceed 25% of the agency's surplus money.
City of Atwater Limitation:
1) Maximum maturity- 270 days
2) Maximum par value size 25% of portfolio
3) Maximum par value per name- 10% per issuer regardless of sector. 4) Credit- CA Government Code Section 53601 requirements including commercial paper rated “A-1” or higher, or the equivalent, by a nationally recognized statistical ratings organization.
8. Medium Term Notes: The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States.
California Government Code Section 53601 Requirement:
1) Maximum of five years maturity
2) Shall be rating category of ‘A’ or better by a nationally recognized statistical ratings organization.
3) May not exceed 30% of surplus money
City of Atwater Limitation:
1) Maximum of five years maturity
2) Shall be rating category of ‘A’ or better by a nationally recognized statistical ratings organization
3) Maximum par value per issuer- 5%
4) Credit – from City authorized institutions that shall only include institutions rated in a rating category of ‘A’ or higher by a nationally recognized statistical-rating organization. Any downgrading of these issues after purchase shall be reported to the Council.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
9. Local Agency Investment Fund (LAIF) was established by the State to enable treasurers to place funds in a pool for investments.
LAIF Limitations:
Maximum per California Government Code
City of Atwater Limitation:
1. LAIF limitation
10. Repurchase Agreements are not a security but a contractual agreement and consist of two simultaneous transactions: 1) First, an investor purchases securities (collateral) from a bank or dealer; 2) At the same time, the selling bank or dealer contractually agrees to repurchase the collateral security at the same price (plus interest) at some mutually agreed future date.
California Government Code Section 53601 Requirement:
1) Term of repurchase agreements shall be for one year or less. 2) All securities under a repurchase agreement shall be held by the agency's safekeeping agent.
3) The seller of repurchase securities shall not be entitled to substitute securities, except as authorized by the City. New or substitute securities should be reasonably identical to the original securities in terms of maturity, yield, quality and liquidity.
City of Atwater Limitation:
1) Maximum maturity – one year
2) Maximum par value total size - 10%
3) Maximum par value per institution - 10%
4) Credita) Securities shall be marked to market daily and shall be maintained at a value no lower than $102.
b) Securities acceptable as collateral shall be U.S. Treasury obligations only. c) It should be covered by a master repurchase agreement. 5) Repurchase agreements shall only be made with primary dealers of the Federal Reserve Bank of New York.
11. Asset Backed Securities (ABS)/ Mortgage Back Securities (MBS) are securities whose value is derived from the collateral of a specified pool of underlying assets. The pools of underlying assets can include common payments from the loans and leases of credit cards, autos, equipment and mortgages
California Government Code Section 53601 (o) Requirement:
1) Maximum Maturity 5 years or less.
2) Shall be rated in a rating category of ‘AA’ or better by a nationally recognized statistical ratings organization.
3) Maximum par value total size- 20% of portfolio
City of Atwater Limitation:
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
1) Maximum maturity – 5 years or less
2) Maximum par value total size - 20%
3) Maximum par value per institution – 5%
4) Credit: In a rating category of ‘AA’ or better by a nationally recognized statistical ratings organization.
5) This section does not apply for issuers in section 2 (US agency and Government Securities.
12. Supranationals Obligations: Supranationals are international institutions that provide development financing, advisory services and/or other financial services to their member countries.
California Government Code Section 53601(q) Requirement:
1) Maximum of five years maturity or less
2) Shall be rated in a rating category of AA’ or better by a nationally recognized statistical ratings organization.
3) May not exceed 30% of surplus money
City of Atwater Limitation:
1) Maximum of five years maturity or less
2) Shall be rated in a rating category of ‘AA’ or better by a nationally recognized statistical ratings organization
3) Maximum value not to exceed 30% or portfolio value
4) No more than 10% of the portfolio may be invested in any single issuer. 5) Credit –Any downgrading of these issues after purchase shall be reported to the Council.
13. Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
1. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
(i) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
2. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
(i) Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or
(ii) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million.
California Government Code Section 53601(q) Requirement:
1) Maximum maturity: no limit specified
2. a) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or b) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
3) May not exceed 20% of portfolio
City of Atwater Limitation:
1) Maximum maturity not specified
2 a) Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or b) Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million.
3) No more than 20% of the total portfolio may be invested in these securities 4) Investment Limitations:
Mutual Funds: No more than 10% of the total portfolio may be invested in shares of any one mutual fund
Money Market Funds: No more than 20% of the total portfolio may be invested in shares of any one money market fund
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
__________________________________________________________________________
GLOSSARY OF INVESTMENT TERMS
AGENCIES. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market.
FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.
FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
AVERAGE LIFE. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.
CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline, the issuer will likely call its current securities and reissue them at a lower rate of interest.
CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate.
CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.
COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
COLLATERALIZED BANK DEPOSIT. A bank deposit that is collateralized at least 100% (principal plus interest to maturity). The deposit is collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
COLLATERALIZED TIME DEPOSIT. Time deposits that are collateralized at least 100% (principal plus interest to maturity). These instruments are collateralized using assets set aside by the issuer such as Treasury securities or other qualified collateral to secure the deposit in excess of the limit covered by the Federal Deposit Insurance Corporation.
COMMERCIAL PAPER. The short-term unsecured debt of corporations.
COUPON. The rate of return at which interest is paid on a bond.
CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.
DEBENTURE. A bond secured only by the general credit of the issuer.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
DERIVATIVE. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a security to changes interest rates.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC). The Federal Deposit Insurance Corporation (FDIC) is an independent federal agency insuring deposits in U.S. banks and thrifts in the event of bank failures. The FDIC was created in 1933 to maintain public confidence and encourage stability in the financial system through the promotion of sound banking practices.
FEDERALLY INSURED TIME DEPOSIT. A time deposit is an interest-bearing bank deposit account that has a specified date of maturity, such as a certificate of deposit (CD). These deposits are limited to funds insured in accordance with FDIC insurance deposit limits.
LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
LIQUIDITY. The speed and ease with which an asset can be converted to cash.
LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
(JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.
MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
MARKET VALUE. The price at which a security can be traded.
MATURITY. The final date upon which the principal of a security becomes due and payable. The investment’s term or remaining maturity is measured from the settlement date to final maturity.
MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis.
MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND. A mutual fund that invests exclusively in short-term securities.
Examples of investments in money market funds are certificates of deposit and U.S.
Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.
MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.
MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO).
A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.
NEGOTIABLE CERTIFICATE OF DEPOSIT (CD). A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or statelicensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).
PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.
Government securities market.
PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.
SECURITIES AND EXCHANGE COMMISSION (SEC). The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.
Exhibit A
CITY OF ATWATER
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
ALLOWABLE INVESTMENTS AND ADDITIONAL INVESTMENT GUIDELINES
SECURITIES AND EXCHANGE COMMISSION SEC) RULE 15C3-1. An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.
STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the tenyear Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
TREASURY BILLS (“T-BILL”). All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
3542772.1
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
June 12, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Jim Vang
SUBJECT: Awarding a General Construction Contract for the Atwater Boulevard and First Street Traffic Signal Project (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Awards a General Construction Contract, in a form approved by the City Attorney, to St.
Francis Electric, LLC of San Leandro, California, for the Atwater Boulevard and First Street Traffic Signal, City Project No. 18-2, in an amount not to exceed $824,670, and authorize and direct the City Manager, or her designee, to sign and affirm construction contract change orders up to an aggregate of $82,467.00 (10%); and authorizes and directs the City Manager, or her designee, to execute the contract on behalf of the City.
I. BACKGROUND/ANALYSIS:
At their regular meeting on April 10,2023, the City Council authorized a call for bids for the Atwater Boulevard and First Street Traffic Signal Project. Work consists of installing a new traffic signal with in-roadway induction detector loops, ADA curb ramps, and driveway improvement.
Bid proposals for this project were opened on Wednesday, May 24th, 2023 at 2:00 P.M. and were totaled and reviewed for responsiveness. Three (3) bid proposals were received. The Bid Summary (Exhibit “A”) shows the bid amounts ranging from $824,670 to $1,317,748.80.
Staff has reviewed the bids and determined that the bid submitted by St. Francis Electric, LLC of San Leandro, California in the amount of $824,670.00 is a responsive and acceptable bid.
The recommended contract administration practice is to include 10% of the bid amount as contingency funds for unforeseen and necessary changes to the contract. Staff is recommending a total construction budget of $917,137.00. This total budget includes the construction contract amount of $824,670.00 for bid items with contractor,
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
$82,467.00 for contingency, and $10,000 for construction staking, testing and special inspection.
II. FISCAL IMPACTS:
Project is scheduled to start in the Fiscal Year 23/24. With the approval of Budget for Fiscal Year 23/24, there is sufficient funding for this project budgeted in the Capital Improvement Plan; Measure V Fund Account No. 0007-1080-P004; Local Transportation Fund Account No. 1013-1080-P004; SB1 Account No. 1018-1080-P004; RSTP Account No.1017-1080-P004. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item was reviewed by the City Attorney’s office.
IV. EXISTING POLICY:
This item is consistent with goal number two (2 ) of the City's 2020-2025 Strategic Plan:
to ensure safety of staff and our community.
V. ALTERNATIVES:
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
IX. STEPS FOLLOWING APPROVAL:
Following City Council’s approval for the award of contract, staff will issue a notice of award to the contractor, hold a pre-construction meeting, and issue a notice to proceed, with construction to follow.
Submitted by:
Justin Vinson, Public Works Director
Agenda Report - Page 3
Approved by:
Lori Waterman, City Manager
Attachments:
1. Exhibit A- Bid Summary Bid Call
2. Exhibit B - General Construction Contract
CITY OF ATWATER
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
BID SUMMARY
ATWATER BOULEVARD & FIRST STREET
TRAFFIC SIGNAL PROJECT
Project No. 18-2; Bid Call No. 716-22
Bid Opening: May 24th, 2023; Engineer’s Estimate: $788,268 No. Contractor Bid Total
1 St. Francis Electric, LLC
975 Carden Street
P.O Box 2057
San Leandro, CA 94577
$824,670.00
2 Avison Construction, Inc.
40434 Brickyard Drive
Madera, CA 93636
$961,700.00
3 United Pavement Maintenance
7017 Hughson Avenue,
Hughson, CA 95326
$1,317,748.80
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 1 of 13
GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and St. Francis Electric (“Contractor”) as of June 12, 2023. City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.
1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:
A. This Contract;
B. Plans and Specifications for PROJECT NO. 18-2.
C. Special Provisions for PROJECT NO. 18-2;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.
Any and all obligations of the City and the Contractor are fully set forth and described therein.
All the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.
2. Effective Date. This Contract shall only become effective once all the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).
3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions.
Section 8-1.14 of the 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 Caltrans Standard Specifications allows for termination in accordance with 49 CFR 26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.
4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. 18-2, entitled, “ATWATER BOULEVARD AND FIRST STREET TRAFFIC SIGNAL” for
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 2 of 13 construction in Atwater, Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.
City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.
5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:
BASE BID
ITE
M NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY UNIT PRICE
TOTAL
ITEM
PRICE
1 MOBILIZATION LS 1 $56,000.00 $56,000.00
2 SAWCUT LF 499 $12.00 $5,988.00
3 REMOVE ASPHALT &
CONCRETE PAVEMENT SF 2,906 $10.50 $30,513.00
4 ADJUST EX. INLET TO
GRADE EA 1
$764.00 $764.00
5 MINOR CONCRETE:
DRIVEWAYS,
SIDEWALKS & CURB
RAMPS
SF 1,315
$21.20 $27,878.00
6 MINOR CONCRETE:
CURB & GUTTER LF 209 $78.00 $16,302.00
7 MINOR CONCRETE: 6”
VERTICAL CURB LF 187 $56.00 $10,472.00
8 HMA PAVEMENT: 3”
HMA & 6” AB SF 654 $19.30 $12,622.20
9 DETECTABLE WARNING
SURFACE SF 78 $46.80 $3,650.40
10 REMOVE AND SALVAGE
EXISTING STREET LIGHT
POLE ASSEMBLY
EA 1
$2,635.00 $2,635.00
11 FURNISH AND INSTALL
TYPE 332L CONTROLLER
CABINET ON 18"
FOUNDATION
EA 1
$30,000.00 $30,000.00
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 3 of 13 ITE
M NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY UNIT PRICE
TOTAL
ITEM
PRICE
12 FURNISH AND INSTALL
TYPE III-AF SERVICE
CABINET ASSEMBLY
AND FOUNDATION
LS 1
$12,000.00 $12,000.00
13 FURNISH AND INSTALL
BATTERY BACK-UP
SYSTEM
EA 1
$8,500.00 $8,500.00
14 FURNISH AND INSTALL
MODEL 2070E TRAFFIC
SIGNAL CONTROLLER
EA 1
$9,000.00 $9,000.00
15 FURNISH AND INSTALL
TYPE 19-4-100 SIGNAL
POLE, FOUNDATION, 30'
MAST ARM, AND 12'
LUMINAIRE ARM
EA 2
$38,500.00 $77,000.00
16 FURNISH AND INSTALL
TYPE 24-4-100 SIGNAL
POLE, FOUNDATION, 35'
MAST ARM, AND 12'
LUMINAIRE ARM
EA 2
$41,000.00 $82,000.00
17 FURNISH AND INSTALL
TYPE 1-B SIGNAL POLE
AND FOUNDATION
EA 2
$4,500.00 $9,000.00
18 FURNISH AND INSTALL
PEU EA 1
$150.00 $150.00
19 FURNISH AND INSTALL
PBA POST AND
FOUNDATION
EA 2
$2,750.00 $5,500.00
20 FURNISH AND INSTALL
EVP DETECTOR SYSTEM
WITH TSP CAPABILITY
LS 1
$14,000.00 $14,000.00
21 FURNISH AND INSTALL
VEHICLE SIGNAL HEAD
AND MOUNTING
EA 17
$1,850.00 $31,450.00
22 FURNISH AND INSTALL
PEDESTRIAN SIGNAL
HEAD AND MOUNTING
EA 8
$1,350.00 $10,800.00
23 FURNISH AND INSTALL
APS PUSH BUTTON
ASSEMBLY
EA 8
$1,950.00 $15,600.00
24 FURNISH AND INSTALL
INTERNALLY
ILLUMINATED STREET
NAME SIGN (IISNS)
EA 4
$3,950.00 $15,800.00
25 FURNISH AND INSTALL
TRAFFIC SIGN ON
SIGNAL MAST ARM
EA 4
$750.00 $3,000.00
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 4 of 13 ITE
M NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY UNIT PRICE
TOTAL
ITEM
PRICE
26 FURNISH AND INSTALL
NO. 5 PULL BOX EA 5
$1,650.00 $8,250.00
27 FURNISH AND INSTALL
NO. 6E PULL BOX EA 9
$1,950.00 $17,550.00
28 FURNISH AND INSTALL
TYPE "D" DETECTOR
LOOP
EA 10
$600.00 $6,000.00
29 FURNISH AND INSTALL
TYPE "E" DETECTOR
LOOP
EA 14
$550.00 $7,700.00
30 FURNISH AND INSTALL
4" CONDUIT LF 315 $100.00 $31,500.00
31 FURNISH AND INSTALL
3" CONDUIT LF 75 $120.00 $9,000.00
32 FURNISH AND INSTALL
2" CONDUIT LF 705 $80.00 $56,400.00
33 FURNISH AND INSTALL
3" SERVICE CONDUIT LF 150 $150.00 $22,500.00
34 FURNISH AND INSTALL
NEW CONDUCTORS AND
CABLES
LF 2,800
$10.00 $28,000.00
35 TYPE II SLURRY SF 30,881 $1.13 $34,895.53
36 STRIPING & SIGNAGE LS 1 $42,249.87 $42,249.87
37 TRAFFIC CONTROL LS 1 $70,000.00 $70,000.00
TOTAL BID $824,670.00
Name of Bidder or Firm: St. Francis Electric, LLC.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 5 of 13
6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work.
7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified, or registered, with return receipt requested.
Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.
If to City: Lori Waterman, City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor: Guy Smith, Vice President
St. Francis Electric, LLC
975 Carden Street
P.O Box 2057
San Leandro, CA 94577
If to Surety: Everest Reinsurance Company
8. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 6 of 13
9. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).
10. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall always remain in effect at least until final payment and thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:
A. Minimum Scope of Insurance.
1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000.
2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.
3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired, or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.
4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured regarding damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).
5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 7 of 13
6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.
B. Minimum Limits of Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000
(Including operations,
products and completed
operations.)
per occurrence for bodily
injury, personal injury, and
property damage If
Commercial General Liability
insurance or other form with a
general aggregate limit shall
apply separately to this
project/location or the general
aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to the City, its officers, public officials, employees, and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Other Insurance Provisions.
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:
1. The City, its officers, public officials, agents, employees, and volunteers are to be covered as insured with respect to liability and defense arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.
2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees, and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials,
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 8 of 13 employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. The Contractor agrees that all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.
6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.
E. Acceptability of Commercial Insurers.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A: VII.”
F. Verification of Coverage.
Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
G. Subcontractors.
Contractor 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 insurance requirements stated herein.
H. For Construction Risks.
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.
The Course of Construction insurance policies shall contain the following provisions:
1. The City shall be named as loss payee; and
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 9 of 13
2. The insurer shall waive all rights of subrogation against the City.
11. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.
Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor 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 Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City.
Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Contract 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 the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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.
12. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 10 of 13
13. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.
The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City’s payment procedure.
Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute. When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.
The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.
It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.
14. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.
15. Article VI. The improvements contemplated in the performance of this Contract is a Federal-Aid improvement over which the State of California shall exercise general supervision.
The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 11 of 13
16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
(c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract 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 Contract have been fully complied with.
(d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered this Contract. Each Party has participated fully in the review and revision of this Contract.
Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.
(e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.
(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 12 of 13 (j) Entire Contract. This Contract, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.
(n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. (o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.
(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and St. Francis Electric, LLC Page 13 of 13 IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.
CITY OF ATWATER, a Municipal Corporation St. Francis Electric, LLC
By: _______________________________________ By:________________________________________ Lori Waterman, City Manager Contractor licensed in accordance with an act providing for the registration of contractors.
ATTEST:
By: ________________________________________
Kory Billings, City Clerk
APPROVED AS TO FORM:
By:________________________________________
Frank Splendorio, City Attorney
ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 18-2 TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS: ________________________________ _____________________ / $ ______________________ PHONE: ___________________________________ FAX: _____________________________________
EMAIL: ___________________________________
By: __________________________________________ (SEAL)
Finance Director Verification
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
June 12, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director, Justin Vinson, Public Works Director
PREPARED
BY:
Christina Thurman, Executive Assistant
SUBJECT: Approving On-Call Professional Services for Roadway Design, Traffic Engineering, Land Surveying, and Roadway Construction Inspection and Administration with various consultants for State and Federally Funded Projects (Deputy City Manager/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Approves multiple On-Call Master Professional Service Agreements, in a form approved by the City Attorney, with Advanced Mobility Group of Walnut Creek, California, CCME, Inc. of Merced, California, GHD, Inc. of Fresno, California, JLB Traffic Engineering of Fresno, California, Minagar and Associates, Inc. of Laguna Hills, California, Provost & Pritchard Consulting Group of Clovis, California, SNG & Associates, Inc. of Pleasanton, California, TJKM Transportation Consultant of Pleasanton, California, and VVH Consulting Engineers of Modesto, California, with a set not to exceed limit of $1,000,000 per contract for the 3 year term of the contracts (for flexibility amongst contracts) but with a collective maximum aggregate budgeted amount for all of the oncall contracts not to exceed $7,500,000; and authorizes and directs the City Manager to execute the agreements on behalf of the City.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
On March 30, 2023, staff released a Request for Qualifications (RFQ's) for on-call Professional Engineering services for seven (7) categories: Roadway Design, Environmental Services, Traffic Engineering, Land Surveying, Landscape Architecture, Roadway Construction Inspection and Administration, and Bridge Design. The purpose of the request was to seek Statement of Qualifications from qualified firms that comply with the qualifications and requirements for State and Federally Funded projects that include compliance with the hiring practice of disadvantaged businesses, and the requirements of the City of Atwater' s locally funded projects.
On May 18, 2023, a committee composed of City staff, reviewed the Statements of
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Qualifications received under the published request using s qualifications-based selection process in determining which consultants to contract with on an "On-Call" basis.
These services will be on-call requests for various projects within the City of Atwaater through the On-Call Master Agreements. State and Federal requirements mandate at least two to three (2-3) firms per category. Some firms submitted qualifications for multiple categories and are recommended for more than one service area. During this process, the City did not receive a robust response for qualifications for all categories.
The following categories did not meet the requirements and have been dropped from the list of on-call services: Landscape Architecture and Bridge Design. Due to contract limitations, staff recommend that the City exceed three (3) service providers in some categories.
The following are the categories and the firms that were selected based on the qualifications and experience listed in their SOQ's and are not listed or ranked in any specific order:
Category A: Roadway Design
• GHD
• Provost & Pritchard Consulting Group
• SNG & Associates, Inc.
• VVH Consulting Engineers
Category C: Traffic Engineering
• Advanced Mobility Group
• GHD
• JLB Traffic Engineering
• Minagar & Associates, Inc.
• TJKM Transportation Consultant
Category E: Land Surveying
• GHD
• VVH Consulting Engineers
Category F: Roadway Construction Inspection and Administration • CCME, Inc.
• GHD
Agenda Report - Page 3
The proposed maximum collective budgeted for all of the nine (9) on-call contracts anticipated to be awarded will be Seven Million and Five Hundred Thousand Dollars ($7,500,000.00), each with a three-year term with the option of two (2) one (1) year extensions, regardless of the specialties selected. Each Consultant that is awarded an On-Call contract shall have a set contract amount not to exceed (NTE) One (1) Million dollars ($1,000,000.00) per the term of the agreement. Task Orders will be issued on an as needed basis, for an established project through an informal mini-RFP process. Each awarded contract shall not exceed a total of ten (10) Task Orders for the term of the contract. Should a single project appear to have a cost higher than the allowable One (1) Million dollars cap or may put a consultant maximum over the NTE threshold, the project will go out as an RFQ/RFP.
ANALYSIS:
The master agreements will allow the Public Works Department and the Community Development Department to request the services of a retained Consultant(s) on an individual project basis as the need arises. This process will be an informal solicitation to the consultants that were awarded an On-Call Master agreement through an additional qualifications-based selection procedure also known as the mini-RFP process. Staff will solicit an informal proposal, a proposal based on scope, understanding, and schedule.
The proposals will be evaluated and ranked by at least three panel members to evaluate and rank. The successful proposal will be given a Task Order executed by the Consultant and the City once the cost fee has been negotiated. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means, other consultants, or contractors.
This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The City will execute up to three (3) oncall contracts for each category. The City does not guarantee a specific number or dollar amount of projects that will be contracted. The Master Agreement with the selected consultant(s) will not limit the City’s ability to seek other proposals for professional services that in the City’s sole discretion are outside the scope, ability or availability of the currently retained consultant(s). The purpose of the Master Agreement is for the convenience of the City for the projects that are routine and general in nature. For specialized projects, the City will likely conduct a project specific RFQ.
The successful consultants will assist the City in the following proposed scope of services, but it would not be limited to the following:
CATEGORY A: Roadway Design
The professional services to be provided by the Consultant shall be as necessary to furnish roadway engineering, designs, drawings, details, analysis, special provisions, construction cost estimates, and other items incidental and necessary to develop final
Agenda Report - Page 4
contract plans and documents for each project. Services to be provided will include roadway engineering and project development functions to produce a complete set of contract plans and specifications in accordance with the mini-RFP for each project.
Examples of projects could include roadway designs, bicycle and/or pedestrian paths, complete streets plans, and similar. The designs shall follow Caltrans design standards, the current AASHTO A Policy on Geometric Design of Roadways and Streets, and City Standards where applicable. Plans and specifications shall be in accordance with applicable FHWA and Caltrans policies and procedures, and applicable federal or state laws, guidelines and standards.
Plan development and submittal processes may vary but will typically follow a 35%, 65%, 95%, 100% completion documents timeline. Documents will typically be submitted in in Adobe PDF file format, with final plans provided on 4-mil minimum thickness matte Mylar film and in AutoCAD native file format.
Summary sheets and construction cost estimates shall be compiled using established bid items furnished by Caltrans. Summaries and construction cost estimates shall also include estimated quantities of non-participating items, miscellaneous items, and other non-pay items involved in the construction.
If project constraints make it impossible or impractical to meet certain standards, the Consultant shall prepare the necessary documentation in order to have any design exceptions approved by Caltrans and/or FHWA.
Project Management
Act as project manager to ensure production of a complete set of contract plans and documents within the time period established by the project schedule.
Coordinate project design input received from all City departments/divisions and any other agency having jurisdiction.
Make certain that the various design elements contribute to the intended project design and do not conflict with other design criteria or constraints. Perform quality assurance and quality control checks on all required document and plan submittals.
Manage overall design process and sequence based on schedule developed for each project to ensure timely completion of the project design.
Provide schedule input and work progress updates on at least a monthly basis for all activities listed in the project scope of work. The information provided shall include the start dates, percentage complete, and the finish dates.
Submit a Project Deliverables Completion Statement to indicate overall percentage of plan phase deliverables completed. Include the completion statement with each payment request. The deliverable percentage will be compared to the total percent billed to indicate overall progress. Payments will not be made if the percent billed is substantially
Agenda Report - Page 5
greater than the completion percentage as determined by the plan deliverables.
Plans, Specifications, and Estimates (PS&E)
Provide PS&E in accordance with applicable Federal, State, and City standards.
Conduct and prepare topographic, right-of-way, or other surveys as required to support the project design.
Prepare and submit, for review and approval, contract plans and documents incorporating any changes requested by the City as a result of plan checks and field reviews. Plans and documents shall show all the design features in detail and other requirements in sufficient detail to facilitate bidding and construction of the project.
Provide applicable Professional Engineer, Professional Land Surveyor, and/or Landscape Architect professional stamps as required by State law.
Typical plan set contents shall include:
• Cover/Title Sheet
• Notes, legends, and abbreviations sheets
• Typical roadway sections
• Horizontal control plan sheets
• Plan and profile sheets
• Street lighting, signage and pavement markings plan sheets • Construction water pollution control plan sheets
• Construction water pollution control BMPs detail sheets • Cross sections sheets (if required)
• Standard details sheets
• Construction details sheets for non-standard details or layouts • Sheets from other disciplines as required, such as traffic signals, landscape architecture, etc.
Typical construction documents to be furnished shall include:
• Improvement Plans
• Special Provisions
• Supplementary Specifications (if required)
• Engineer’s Estimate of Probable Construction Costs
Generate earthwork quantities to determine grading requirements.
Improvement plans shall incorporate the recommendations of the project geotechnical and shall depict the complete grading design, which includes the drainage design, geotechnical engineering recommendations, and final surfacing thickness
Agenda Report - Page 6
recommendations. Grading and drainage design shall include all storm drainage collection and conveyance design, to include preparation of hydrologic and hydraulic calculations, and showing all storm drain structures and pipe locations and sizes on the plan and profile sheets.
Engineer’s Opinions of Probable Construction Costs shall be prepared based on currently available data for the improvement plans and using recent bid item prices available from Caltrans.
Prepare Special Provisions to define materials, construction specifications, and method of measurement for pay items not covered in the Standard Specifications or supplementary specifications. These are mostly lump sum and special items involving special method of payment; special construction procedures; and sequences of work.
Follow the Caltrans recommendations for preparation of Special Provisions.
Where applicable, prepare NPDES Phase II post-construction stormwater quality submittal package per the City’s Post-Construction Standards Plan. Compliance shall be included in project design and plans where required.
Construction Engineering
Provide assistance to the City during the bidding and construction phases of the project.
Examples of services to be provided include providing answers to bidder RFIs, answering contractor RFIs during construction, reviewing contractor submittals, reviewing results of special inspections and tests performed, issuing clarifications and/or revisions to PS&E, assisting with the preparation of change orders, completing pre- and postconstruction monument preservation surveys, and providing construction staking.
CATEGORY C: Traffic Engineering Services
The Consultant will provide a full range of transportation planning and traffic engineering services. Consultant must have extensive knowledge of the California Department of Transportation standards, the Caltrans Traffic Manual, the Highway Capacity Manual (HCM), and the CA Manual on Uniform Traffic Control Devices (CA MUTCD) as they relate to the signage and delineation of a roadway.
Typical specialties/knowledge required includes, but are not limited to:
Transportation Engineering Design:
• Traffic Signal Design
• Roadway Improvement Design
• Development & Site Plan Review
• Construction Support Services
• Design Criteria, Schematic Design & Alternatives
• Project Phasing, Scheduling, & Estimating
Agenda Report - Page 7
• Topographic Surveys
• Government Agency Review & Coordination
• PS&E Preparation
• Roadway Segment & Intersection Geometric Designs
• Intelligent Transportation Systems (ITS)
• Incident Management System
• Communication Systems
• Alternative Intersection & Interchanges
• PR/PSR (Caltrans)
• Construction Support Services
• Development & Site Plan Review
Transportation Planning:
• Traffic Impact Analysis
• On-street & Off-Street Parking
• Neighborhood Traffic Calming Program
• Parking Studies
• Multimodal studies
• Environmental Impact Studies
• Pedestrian & Bicycle Access and Safety
• Safety Studies
• Systemic Safety Analysis
• Traffic Impact Fee Program
• Multimodal Impact Fee Program
• Long Range Transportation Planning
• Truck Route Plans
Traffic Operation:
• Corridor Studies
• Traffic Studies & Analysis
• Traffic Simulation
• Transit Priority & Bus Rapid Transit
• Feasibility Studies
• Noise Analysis
• Traffic Surveys
• Warrant Analysis
• Operational Studies
Additional Consulting Services:
Agenda Report - Page 8
• Staff Augmentation
• Encroachment Permit Review
• Educational Material
• Public & Staff Meeting Facilitation
• Outreach
• Third party review
CATEGORY E: Land Surveying Services
Consultant shall offer a complete range of land surveying services to support the City’s needs including professional land surveyors and field crews, office technicians, and modern surveying, drafting and mapping equipment.
Consultant shall perform work required which include, but are not limited to the following:
Boundary Surveys: Consultant has provided surveys on projects ranging in size from a few acres to several thousand acres, and along with the size of project, our understanding of the application of geodetic principles is critical. These projects require detailed research into land ownerships (for both the subject property and adjacent properties.) Preparation of ownership plats, field surveys, boundary analysis, final drafting and boundary reports if required. Throughout the project, a quality review process is ongoing to ensure the ultimate accuracy of the survey.
Record of Surveys Map Preparation: Consultant can prepare and record Record of Surveys in strict compliance with state laws and local ordinances. In California, we routinely file Record of Surveys for boundary surveys, which fall under the items set forth in Section 8762 of the State of California Business and Professions Code (B&P Code).
This may be done simply to provide public notice of a survey for the benefit of the client as well as the public in general for a unique situation.
Right Of Way Acquisition: Support the City in its right-of-way acquisition efforts including, but not limited to, surveying, determination of right-of- way areas, field surveys, legal research of properties, appraisal services, acquisition and imminent domain and other efforts necessary to convey properties to public use for construction and use by the City.
Settlement Monitoring: Consultant has experience of monitoring projects for building settlement, earth fill settlement, wall settlement, etc. over the years. Establishing control outside the influence of the problem area is critical at the outset and proper reporting of findings is important because unfortunately, this information could end up in court.
Consultant shall have experience coordinating with geotechnical firms on roadway, slope, wall, and building settlement projects in the central valley area.
Agenda Report - Page 9
GPS / Geodetic Control Surveys: Consultant regularly performs large scale surveys for digital orthophotography and aerial mapping purposes covering development parcels consisting of thousands of acres to entire cities utilizing a combination of GPS and conventional survey techniques. Consultant has a long history of performing geodetic control surveys for agencies and private development clients.
Cross-Sections I Scour Studies / Topographic Surveys: These surveys vary from small very detailed topographic surveys showing all improvements, utilities, and contours with spot grades, to large area surveys showing all contours. Included in this is either the use of aerial photogrammetry or topographic mapping generated by ground surveying exclusively. The most current generation survey instruments and methodology, data collectors, software, and computer- aided drafting equipment are used to provide the most accurate data in a cost-effective manner.
Consultant shall be capable of providing base mapping prepared from conventional survey techniques, conventional aerial mapping, digital orthophotography, HOS Laser Scanning or light detection and ranging (LIDAR).
On-Call Map Checking: Consultant has experience in map checking services for multiple counties and cities in the Central Valley. This includes Record of Surveys, Parcel Maps, and Final Maps.
Construction Staking: From general construction to utilities, to residential subdivisions, to large commercial projects involving staking of all utilities, buildings and parking, our survey department is well-experienced with multiple projects of this type.
Right-of-Way Engineering: Consultant has provided right-of-way engineering packages for numerous cities and agencies in the County of Merced and surrounding areas.
Packages include right-of-way maps, legal descriptions, easement plotting and the preparation of title exception investigation reports.
Geographic Information System (GIS): Consultant is at the forefront of GIS technology, providing GIS products and related services. Consultant shall have licenses to the leading GIS software as well as a full complement of CADD Solutions and shall have the experienced personnel in every facet of GIS and CADD, from the initial GPS and digital orthophotography to base map development, needs assessment, database design, data conversion, system implementation, and training.
ALTA/ACSM Land Title Survey: Generally, this type of survey is used when property is purchased, sold, or refinanced. Consultant must have experience and knowledge of this type ranging in size from small commercial/retail locations to multi- storied office buildings. These surveys typically show all boundaries, easements and improvements including buildings, parking, roadways, and below-grade utilities if requested. In addition, vertical topographic information is sometimes required and added at the request of the client for future design purposes.
Agenda Report - Page 10
CATEGORY F: Roadway Construction Inspection & Administration Consultant shall offer a wide variety of construction inspection and administration services. These services shall include Provide technical assistance to provide review and/or recommendations to include: Pavement design, Groundwater movement and soils percolation rates, Soils engineering work for the design or repair of piers, footings, retaining walls or other structures; and third party review consultation related to documents prepared by the City's Engineering Services Department or other consultants retained by the City.
Consultant shall perform work required which include, but are not limited to the following:
Prevailing Wages
Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman, or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html.
Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State law.
SPECIFIC ITEMS OF WORK/TASKS:
Construction Inspection and Administrative Support Services Requirements Assignments to be performed by consultant personnel may include, but are not limited to, the following:
• Perform and assist in the duties of construction inspection and engineering including: paving and sub-grade inspection, structures inspection, electrical inspection, drainage, signing and striping inspection, quantity calculations, checking grade and alignment, construction traffic control and ensuring compliance with project plans and specifications.
• Analyze the project plans and specifications for possible errors and deficiencies and report such findings to the Public Works Director and/or Community Development Director. Identify actual and potential problems associated with the
Agenda Report - Page 11
construction project and recommend sound engineering solutions to the Public Works Director and/or Community Development Director. If the Director determines that changes are necessary, consultant's personnel shall assist in implementing and processing of "Change Orders" in accordance with project specifications and the City Standard Specifications.
• Adhere to all safety and health code regulations and enforce applicable contract provisions for the protection of the public and project personnel. • Prepare quantity calculations, progress payments/invoices, records, daily construction reports/journals, and correspondence related to construction project activities. Ensure that all construction documentation meets requirements as outlined by Federal requirements and the Caltrans Construction Manual (Chapter 5), Section 1 - Project Records and Reports (such as ensuring that daily reports/journals document and match quantity calculations/progress payments for the corresponding day of work).
• Consultant to assist in the preparation of As-Built plans by keeping updated and accurate record drawings in the field.
• Assist in preparing claims reports and be available for any claims settlements meetings.
• Perform and assist in review of contractor’s Critical Path Method (CPM) schedule, construction staging plans and traffic control plan and recommend approval. • Perform review and inspection of Storm Water Pollution Prevention (SWPP) activities.
• Monitor site for plan, specification, and permit conformance. • Monitor site for safety and ensure proper State/Federal requirements are met. • Coordinate and facilitate preconstruction and construction meetings. • Prepare Weekly Statement of Working Days and/or Daily Inspection Reports. • Enforce environmental compliance.
• Enforce traffic control compliance.
• Enforce dust, storm water discharge and noise compliance. • Maintain complete project files (including photos of pre, mid and post project). • Respond, log and process Requests for Information (RFls) • Monitor project schedule.
• Review progress payments, provide quantity calculations in coordination with Contractor.
• Receive, log, review and distribute submittals.
• Review and process change orders.
• Handle any disputes with the Contractor, concerns from the public, residents, business, other local agencies and the City.
• Ensure As-Built's are done at close-out and progress checks are done regularly. • Coordinate construction completion walk through, establish punch list and complete Notice of Completion once all items are accepted. • Monitor warranty services.
• Review and provide compliance for Equal Employment Opportunity (EEO), DBE compliance, wage rates and any other Fed/Sate requirements during construction.
Agenda Report - Page 12
Construction inspection and contract administration shall be in accordance with • The City Standard Specifications
• The project plans and special provisions.
• Caltrans Construction Manual.
• Manual of Traffic Controls for Construction and Maintenance Work Zones. • The City shall decide all questions which may arise as to the quality or acceptability of deliverables furnished and work performed for this contract.
Consultant shall provide the following inspection deliverables:
• Daily reports and extra-work diaries.
• Weekly progress reports prepared by the Consultant’s project manager. • Field measurements, field and laboratory test data and other documents as required by Caltrans procedures.
• All reports, calculations and other applicable documents prepared for the project.
Miscellaneous Equipment, Inspection Vehicles, and Tools • Consultant shall provide all necessary instruments, tools and safety equipment required for their personnel to perform their work accurately, efficiently, and safely. • Consultant shall provide other field materials such as testing equipment and safety equipment, as needed, for use by their staff on the project. Consultant shall provide each inspector and project manager with a cellular phone.
Pavement Evaluation
Core Sampling - The consultant shall collect core sampling at predetermined locations for purposes of analyzing the stability of the underlying native soil, as well as the composition of existing pavement subgrade and determination of the thickness of existing subgrade layers. The city shall provide the locations of the core samples to the consultant by marking the locations on an aerial photo or plan. The consultant shall follow proper traffic control procedures in order to protect the work area while collecting the core samples. The results of the core sampling shall be analyzed by a Caltranscertified lab and summarized in a report to be submitted to the city as described in Task
4. When the core sampling is complete, the cores shall be backfilled with native soil and capped to match the existing pavement surface with hot mix asphalt. In addition, the consultant shall use chalk-based paint for all Underground Service Alert (USA) markings and shall remove all USA markings at the conclusion of the field core sample collection.
Agenda Report - Page 13
R-Value Testing - The consultant shall provide R-value testing from the collected core samples as described in the previous task as necessary at pre-determined locations in accordance with California Test 301 for purposes of determining the Resistance (Rvalue) of treated and untreated soils or aggregates. The city shall provide the locations of the R- value testing on an aerial photo or plan. The results of the R-value testing shall be summarized in a report to be submitted to the city as described in the Pavement Evaluation Report.
Pavement Deflection Analysis - The consultant shall provide non-destructive pavement deflection testing at predetermined locations using a falling weight deflectometer or other approved method per California Test 356. The city shall provide the locations of the deflection testing locations on an aerial photo or plan. The results of the deflection testing shall be summarized in a report to be submitted to the city as described in the Pavement Evaluation Report.
Pavement Evaluation Report - Following the completion of the material sample and data collection through Core Sampling, R-Value Testing and Pavement Deflection Analysis, the consultant shall analyze the collected material samples through a Caltrans approved laboratory and provide a written summary of the results through a pavement evaluation report.
The pavement evaluation reports to be prepared by the consultant in conjunction with Core Sampling, R-Value Testing and Pavement Deflection Analysis and shall include options for the rehabilitation or reconstruction of the street section in question. The cost of the laboratory analysis needed to evaluate the samples collected in Core Sampling, RValue Testing and Pavement Deflection Analysis shall be included in the cost of the preparation of the Pavement Evaluation Report. The city will furnish the consultant with the traffic index (T.I.) values for the pavement evaluations. As previously mentioned, the analyses shall be conducted by a Caltrans-approved laboratory.
The Pavement Evaluation Report shall be prepared in the following format:
• Introduction
• Scope of Services
• Summary of field exploration, site geology and findings • Testing methodology
• Potential design alternatives
• Construction considerations
• Tables
• Figures
• Appendices
• References
Construction Material Testing
Agenda Report - Page 14
Acceptance Testing (AT) - AT is the basic sampling and testing procedure to be performed by representatives of the City on materials incorporated into the construction projects to insure compliance with specifications. The city does not have staff to perform such tests nor to certify testers. Therefore, it will enter into contracts with other qualified agencies or selected private laboratories or consultants to perform such tests. • Collecting samples and testing their strength properties (soil, gravel, asphalt, concrete, slurry seal).
• Checking subgrade compaction for concrete and asphalt construction. • Perform tests for sieve analysis, sand equivalent, and cleanness, as needed. • Checking compaction of asphalt pavement and overlays. • Performing plant inspection at facilities supplying concrete and hot mix asphalt. • Provide test results to the City.
• Provide summary report of testing results.
• Perform testing and sampling according to the City’s Quality Assurance Plan (QAP) and Caltrans procedures.
• Review and approved construction material submittals.
Required Licenses and Certificates - The laboratory performing the construction materials and soils testing and all samplers and testers must possess valid certifications as may be required by law and by Caltrans.
Development Review (Plan Checking)
Review and evaluate engineering geology and geotechnical engineering reports. Provide the City staff with specific recommendations regarding the acceptability of such reports and provide detailed review comments to bring the report in compliance with City requirements as it relates to all levels of development ranging from commercial additions to master planned communities.
Review foundation and grading plans for proposed development projects to ensure compliance with applicable geotechnical recommendations.
Turn-Around Schedule - From the time of pick-up of plans from the City to delivery back to the City, the Consultant shall complete each plan check within the time specified below:
• First Check: Ten (10) working days
• Subsequent Checks: Five (5) working days
Geotechnical Investigation and Reporting
Agenda Report - Page 15
Field investigations:
• Review of available pertinent, published, and unpublished geotechnical literature and maps
• Site reconnaissance of the existing onsite geologic/geotechnical conditions and mapping of the site
• Public utility clearance (USA)
• Subsurface soil sampling and boring by a geologist.
• Proposer to provide a preliminary plan showing proposed locations of pits and depths with the proposal.
• Comply with Water Quality NPDES requirements.
Geotechnical Analysis:
• Geotechnical laboratory testing of representative soil samples obtained.
Geotechnical testing including: Atterberg Limits, maximum density/optimum moisture content, direct shear testing, expansion index testing, corrosion testing (soluble sulfate, pH, chlorides, and minimum resistivity testing), and R-value testing. Limited laboratory testing to support our field observations and provide engineering properties for analyses.
• Prepare final drill logs and map for inclusion in our summary report. • Geologic analyses of findings made during our exploration. • Slope stability analyses to evaluate general buttress magnitude for landslides or other critical geotechnical conditions identified or confirmed during our exploration. • An evaluation of faulting and seismicity of the region, and the possible impact of regional seismicity on the site and the proposed construction • Provide foundation recommendations for structures and infrastructure.
Geological Assessments and Geotechnical Reports including:
• Water quality monitoring and associated record keeping. • Delineation of critical areas.
• Geophysical Survey w/Crosshole Seismic Tomography and Borehole Radar. • Erosion control analysis and plans.
• Provide materials testing for suitability, strength, and conformity, as needed. • Any other related geotechnical engineering services.
Summary Report:
• Analysis of the geotechnical data obtained from the field reconnaissance and laboratory testing.
Agenda Report - Page 16
• Includes geologic summary of constraints identified during our investigation. • Includes recommendations for landslide constraints and general geotechnical conditions, based on our investigation.
• Map showing exploration and potential constraints.
• Other content and formats as required by the City.
Provide 24-hour on-call emergency response services as necessary to evaluate existing or pending geological hazards (or damages resulting therefrom) to public or private property, including earthquakes, landslides, mud / debris flows, flooding, fires and other natural hazards. When requested, provide recommendations to the City Engineer and/or City Building Official regarding the necessity for yellow-tagging or red-tagging structures threatened by geological hazards.
Material Testing:
For each project task order, and based on the project scope of work, consultant may be required to include material testing elements in the Task Order’s scope and fee. The scope of the material testing will be discussed and approved prior to the submittal of the task order scope and fee. The services related to material testing shall include, but not limited to:
• Geotechnical testing, testing of materials, materials specification recommendations and other related reports for a wide variety of Road Transportation Projects, Grading & Drainage Plans and Reports, Underground wet Utility Projects and/or other Capital Improvement Projects requiring Asphalt, Concrete, Soils & Geotechnical Engineering Materials Testing Services.
Preparation of reports providing recommendations and evaluations of site conditions as directed.
• Comply with Appendix Y of the Caltrans Quality Assurance Program with related attachments.
• Engineer on record for all materials testing and inspection services required under this contract shall be registered as a professional engineer in the State of California.
• Possession of applicable certifications for personnel and laboratories (certifications shall be valid and up-to-date).
• Understanding of and extensive experience with Federal (FEMA), National and/or applicable International (AASHTO and/or ASTM), State (Caltrans) and Local guidelines, procedures and certifications for laboratory and personnel assigned to County projects.
• Laboratory facilities of consultant shall have and maintain current Caltrans accreditation throughout duration of contract. Verification of minimum required qualification for these accreditations is required to be submitted with the proposal. • Any sub-consultants providing professional services to primary consultant for City projects shall be held to the same licensing, accreditation and certification
Agenda Report - Page 17
standards as consultant.
Final Construction Project Records
The consultant shall organize the project documents and deliver final construction project records, in accordance with the Caltrans Construction Manual (Chapter 5), to the City at the completion of the project. The Consultant shall also keep a comprehensive photo and video log before, during and post construction.
Inspection and Safety
• Consultant’s personnel shall wear white hard hats, safety vests and rubber-soled shoes at all times while working in the field.
• Consultant shall provide appropriate safety training for all consultant's personnel required to work on and near roadways/highways.
• All safety equipment shall be provided by the consultant.
The preferred minimum qualifications for consultant personnel assigned to this project are as follows:
Construction Manager
The preferred minimum qualifications for the position of Construction Manager are:
• Minimum of 10 years construction management experience on municipal roadway/highway construction projects, or other relative equivalent experience as determined by the City.
• Thorough knowledge of industry public works and Caltrans construction practices, and the ability to read and interpret plans and specifications. • Ability to make effective decisions concerning field problems and work in progress.
• Licensed Civil Engineer in the State of California.
• Proficient in Microsoft Word, Outlook and Excel or equivalent.
Project Manager
Under the direction of the City, the Project Manager will assume the following functional responsibilities:
• Review, monitor, and provide general direction
• Assign personnel to projects on an as-needed basis.
• Administer personnel leave subject to approval of the City. • Prepare monthly reports for delivery to the City’s Public Works and/or Community Development Director.
• Maintain continuous communication with the City staff, field personnel, public
Agenda Report - Page 18
outreach personnel, construction administration staff and with project neighbors to resolve community project problems and to advise them of work conditions affecting the neighborhood.
• Coordinate/communicate with the City staff, staffing needs, and ensure project support costs are within budget.
• Advise the City staff of major project issues and contract status. • Provide expert advice when called upon.
• Review all submittals for the projects.
• Coordinate with City Staff when marking dig out areas (Rehabilitation Projects Only).
• Coordinate and attend pre-construction meetings.
• Prepare agendas for meetings and keep and transmit to the City accurate meeting minutes.
• Manage the construction project by providing construction management and construction inspection in conformance with project funding guidelines. • Coordinate with utilities, as necessary, including the following:
1. AT&T
2. Comcast
3. PG&E
4. MID
• Permits & Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WCPC): The Consultant is responsible for proper implementation of the SWPPP or WCPC.
Senior Construction Inspector
• Minimum qualification is at least five (5) years working as a Resident Engineer on municipal improvement projects of similar size and complexity. • Act as the lead inspector and provide guidance to other Consultant inspectors, such as material testing inspection, and staff in carrying out their day to day duties.
• Provide consultation on complex contract interpretation issues as called upon by City staff.
• Thorough knowledge of industry public works and Caltrans construction practices, and the ability to read and interpret plans and specifications. • Ability to make effective decisions concerning field problems and work in progress. • Licensed Civil Engineer in the State of California is preferred; however, may be waived in lieu of adequate experience as approved by the City. • Maintain continuous communication with the City staff and Administration, lead staff, field staff, public outreach personnel, construction administration staff and with the project neighbors to avert community issues.
• Ability to use typical computer programs such as Microsoft Word, Outlook and Excel.
• Ability and experience with the review of Critical Path Method (CPM) and other
Agenda Report - Page 19
schedules. Keep staff informed of project schedule and any potential slippage of the construction schedule.
• Prepare and maintain accurate and up-to-date status logs of submittals, RFI’s and potential change orders. These logs shall be submitted weekly to the City Civil Engineer Assistant throughout the duration of the project. • Provide expert advice when called upon.
• Assist in the response to potential claims filed by the contractor and preparation of documentation for contract claims and claim reports.
• Knowledge of construction practices, physical characteristics and properties of roadway/highway construction inspection and the approved methods and equipment used in performing physical inspections.
• Have previous experience with, and perform inspections to achieve compliance with contract plans and specification on all phases of roadway/highway construction, such as paving, structures, grading, drainage, utility relocation, electrical installation, sign installation, PCC sidewalk, traffic control, curb ramps, stamped and colored concrete, traffic signal and landscaping items. • Ensure all traffic control is properly set-up and completely document all lane and road closures.
• Perform quantity calculations for progress pay estimates and keep project records. • Maintain continuous communication with the City Civil Engineer Assistant, field personnel, public outreach personnel, construction administration staff and with project neighbors to resolve community project problems and to advise them to work conditions affecting the neighborhood.
Capital Improvement Program
Typical projects include improvements related to streets/pavements, storm drain, traffic signals, facilities, parks, etc.
Standards of Work
Conflicts/ Design Exceptions. In case of conflict, ambiguities, discrepancies, errors or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense. The City shall not reimburse the Consultant for time spent correcting an error or omission.
Reference Materials. Consultant shall utilize the following documents; however, the Consultant shall make use of additional reference material as appropriate. Consultant shall also be responsible for ensuring the most recent version of all reference materials are used, including any addenda and errata.
• CEQA Determination
• Regulatory Permits
• Caltrans Highway Design Manual
• Caltrans Local Assistance Procedures Manual
Agenda Report - Page 20
• A Policy on Geometric Design and Highways and Streets (AASHTO) • California Regional Water Quality Control Board Requirements • California Manual of Uniform Traffic Control Devices (CA MUTCD) • APWA Standard Specifications for Public Work Construction, “Greenbook” (general, miscellaneous & roadway items)
• City Standard Drawings and Specifications
• Applicable State of California, Federal, and Local Codes and Manuals • Construction Best Management Practices (BMPs)
• Caltrans Standard Plans
• Caltrans Filing System
• Caltrans XS Sheets
• Caltrans Bridge Design Manuals
• Caltrans Standard Specifications, Standard Special Provisions and Reference Specifications
• AASHTO LRFD Bridge Design Specifications, as modified by Caltrans • Caltrans Seismic Design Criteria
• Reports shall be in Microsoft Word format.
• All drawings shall be prepared in AutoCAD format.
• All dimensions shall be in English Units.
Note: The above listing of standards is not in order of precedence.
II. FISCAL IMPACTS:
There are no immediate fiscal impacts by this action as funds will be issued on a task order basis limited to existing approved budgets. The nine (9) On-Call Agreements shall not exceed $7,500,000 collectively, and each individual contract shall not exceed an aggregate of $1,000,000 for the term of the contract, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. No more than ten Task Orders shall be issued to a consultant.
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 followed the Purchasing Manual and Caltrans LAPM Chapter 10 guidelines regarding Request for Qualifications.
V. ALTERNATIVES:
N/A
Agenda Report - Page 21
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed internally by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a "project" under the California Environmental Quality Act (CEQA) as professional services agreements do not cause either a direct or 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 approval by City Council, the Professional Services Agreements will be executed and processed per City policies and procedures.
Submitted by:
Greg Thompson, Deputy City Manager/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. AMG-On-Call Master PSA for Federal and State Funded Projects
2. CCME, Inc - On-Call Master PSA for Federal and State Funded Projects
3. GHD - On-Call Master PSA for Federal and State Funded Projects
4. JLB - On-Call Master PSA for Federal and State Funded Projects
5. Minagar & Associates - On-Call Master PSA for Federal and State Funded Projects
6. Provost & Pritchard - On-Call Master PSA for Federal and State Funded Projects
7. TJKM Transportation Consultant - On-Call Master PSA for Federal and State Funded Projects
8. SNG & Associates - On-Call Master PSA for Federal and State Funded Projects
9. VVH Consulting Engineers - On-Call Master PSA for Federal and State Funded Projects
On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and Advanced Mobility Group (AMG)
ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND ADVANCED MOBILITY GROUP (PROFESSIONAL) THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Advanced Mobility Group (AMG), a California Corporation, (“Professional”) as of August 1, 2023 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail. No more than ten (10) Task Order’s shall be issued.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date noted above and shall end on August 1, 2026. 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.
On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and Advanced Mobility Group (AMG)
Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services shall not exceed $1,000,000 collectively, and under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payment 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
On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and Advanced Mobility Group (AMG)
Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, 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 are included in the total amount of compensation provided under this Agreement.
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