Atwater City Council
September 11, 2023

Resolution No. 3421-23 Page 2
APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

1 CITY OF ATWATER

POLICE DEPARTMENT
INVITATION FOR BID FOR:

PROVIDE FOUR EACH FORD LIGHTNING BATTERY ELECTRIC

PICKUPS
BID CALL NO. 721-23
Notice is hereby given that sealed bids will be received at Atwater City Hall until 2:00 PM local time, on Thursday, September 21, 2023 at which time they will be publicly opened and read for the furnishing and delivering of FOUR EACH FORD LIGHTNING BATTERY ELECTRIC PICKUPS OR EQUAL. Please carefully read and follow the instructions. Bids shall be presented under sealed cover. Clearly marked FORD LIGHTNING BATTERY ELECTRIC PICKUPS Bid Package and bid submittal deadline date on the outside and mailed or delivered to:

City of Atwater
City Clerk’s Office
750 Bellevue Road
Atwater, California
Contact: Michael Salvador, Chief of Police
Phone: 209-357-6298
Fax: 209-358-5256
E-Mail: [email protected]
Any bidder who wishes their bid to be considered is responsible for making certain that their bid is received by the City Clerk’s office by the Bid Submittal Deadline. NO ORAL,

TELEPHONIC, TELEGRAPHIC, ELECTRONIC (E-MAIL), OR FACSIMILE BIDS OR MODIFICATIONS WILL BE CONSIDERED. BIDS RECEIVED AFTER THE BID

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

BID SUBMITTAL DEADLINE; 2:00 P.M., THURSDAY, SEPTEMBER 21, 2023 BIDS WILL BE CONSIDERED LATE WHEN THE CITY CLERK’S OFFICIAL TIME CLOCK READS 2:00 P.M.

/s/ Lori Waterman

LORI WATERMAN, CMC
City Manager

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

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

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

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

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

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

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

3 SECTION 1

TECHNICAL SPECIFICATIONS
FOR FURNISHING FOUR (4) NEW FORD LIGHTNING BATTERY ELECTRIC PICKUPS

GENERAL DESCRIPTION OF INTENDED USE
The City of Atwater Police Department has applied a grant from the San Joaquin Valley Air Pollution Control district for the purchase of Four (4), Ford Lightning battery electric pickups.

The following specifications will be considered as minimum. The vehicles shall be of new, current Manufacture, model year 2023 or 2024. The unit shall be delivered completely assembled, serviced and ready to operate.

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

Specifications:

Bidders Initials
Vehicle Type
1) _______ Base VehicleP0S Base Vehicle Price (P0S)
Packages
2) _______ XLT (312A) Minimum
Includes:
- 360-degree camera
- Signature front lighting
- Black fixed running boards
- Interior work surface
- 10-way Heated Cloth Bucket Seats
- Leather wrapped steering wheel
- Rear under seat storage bin
- Radio: AM/FM Stereo HD Radio and SiriusXM
- 20 in wheels
- 9.6 kw Pro Power Onboard
- LED Box lighting
- Ford Co-Pilot 360
- Intelligent access including approach detection
- Lariat 510a or 511a are acceptable substitutions If available for immediate delivery

4 POWERTRAIN
3) _______ Dual e motor- extended or standard range battery: extended battery one vehicle (1) minimum, Standard range battery is acceptable for no more than three vehicles

TRANSMISSION
4) _______ Single gear electric drive.

WHEELS / TIRES
5) _______ Tires: 20 inch all season,
Wheels: 20" Dark Carbonized Gray

SEATS & SEAT TRIM
6) _______ 10 Way Power Adjustable Cloth Drivers Seat

ACCEPTABLE VEHICLE COLORS
7) _______ Oxford white, Gray, Iconic Silver, Black, Blue Additive items from the base bid and separately from each other, The City of Atwater may at its discretion elect to purchase any or none of the following items. These items are to be considered additives to the base bid.
1) Three-year extended warranty
2) Model Year 2023 or 2024 (preference will be granted to vehicles that are available for immediate delivery)
3) Bedliner – Tough bed spray in
All equipment cataloged as standard from the factory shall be furnished by the factory and included in the purchase price. All requested options which are not part of any standard package shall be furnished and installed by the factory unless otherwise specified, and shall also be included in the purchase price. Options which the factory is unable to furnish will be subject to approval or rejection by the City.

5 SECTION 2

INVITATION FOR BID CALENDAR AND CHECKLIST

1. Calendar
a. Availability of Invitation for Bid August 24, 2023
b. Submittal of Questions / Corrections August 31, 2023 c. Closing Date for Invitation for Bid September 21, 2023

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

6 SECTION 3

INSTRUCTIONS FOR SUBMITTING BIDS

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

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

Bids not submitted on the form(s) provided may not be considered by the City. b. All bids shall be presented under sealed cover, clearly identified on the outside to read:
• Name of the bidder
• Address of the bidder
• Subject of the Bid
• Bid Submittal Deadline Date
c. Please submit one (1) original signature hard copy to be signed in blue ink (original copies marked as such) and one (1) copy.
d. All bids shall remain firm for at least sixty (60) calendar days after Bid Submittal Deadline unless otherwise specified. Within sixty (60) calendar days after the Bid Submittal Deadline opening, a purchase order and/or a contract may be awarded by the City to the lowest responsible bidder, as it may deem proper in its absolute discretion. The time for awarding a purchase order and/or a contract may be extended at the sole discretion of the City, if required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with their bid.
e. All prices shall be bid F.O.B. DESTINATION only.
f. Delivery dates of all items/services shall be specified on the bid. g. Mistakes must be corrected and the correction inserted; correction must be initialed in blue ink by the person signing the bid.
h. Bidder shall be able to withdraw their bid at any time prior to the Bid Submittal Deadline. After bid submitted deadline, the bidder shall not be relieved of its bid without the consent of the City, nor shall any change in the bid be made because of a mistake. The City may allow a bidder to withdraw a bid because of a mistake only when the bidder has notified the City in writing within five (5) work days following the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the City that: (1) a mistake was made; (2) the

7 mistake made the bid materially different from what the bidder intended; and (3) the mistake was made in filling out the bid and was not due to an error in judgment nor to carelessness in inspecting the site nor in reading the plans or specifications.
i. The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.

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

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

Deadline for submission of questions: August 31, 2023
No further requests for clarification or objections to the bid will be accepted or considered after this date. Any change in the bid will be made only by written addendum, issued by the City of Atwater to each firm in receipt of the Invitation for Bid and shall be incorporated in the bid.

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

The Bidder may FAX, E-mail or mail the contact person as shown on the “Cover Sheet”.

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

3. Bid Submittal Deadline
The bid must be received by the City of Atwater no later than 2:00PM, local time on Thursday, September 21, 2023. BIDS RECEIVED AFTER THIS DEADLINE WILL BE

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

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

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

9 SECTION 4

GENERAL TERMS AND CONDITIONS

1. Bid Rejection/Waiver of Informalities

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

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

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

2. Bonding Requirements

NO BOND WILL BE REQUIRED

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

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

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

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

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

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

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

6. Delivery Hours
Any necessary delivery will be accepted from 9:00 a.m. to 3:00 PM, Monday through

10 Friday. If needed, the bidder shall state the approximate delivery date.

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

8. Alternate Bids
Alternate bids may be considered at the discretion of the City if alternate bids are called for in this bid. City will be the final authority to accept or reject an alternate bid.

9. Cash Discount

N/A

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

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

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

12. Prior to Shipment
While the successful bidder has risk of loss, the successful bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually comprise the Piece-of Equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process and furnished items. Such insurance shall provide a loss payable clause in favor of the successful bidder as its interest may appear.

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

CITY OF ATWATER

POLICE DEPARTMENT
750 BELLEVUE ROAD
ATWATER, CA 95301

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

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

11 them.

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

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

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

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

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

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

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

18. Subcontracting
Any bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid The successful bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the bidder are the sole responsibility of the bidder. Any contract

12 that is entered into between the successful bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.

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

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

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

21. Rejection of Bid

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

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

22. Nondiscrimination
a. During the performance of this bid, bidder and any sub-bidders shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, martial status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-bidders shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-bidders shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California

13 Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full.
b. Bidder and any sub-bidders shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract. d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

23. Non-discrimination of the Disabled
The City will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates on the basis of handicap in providing aid, benefit, or service to beneficiaries of the program or activity.

The City is committed to provide access to all City services, programs, and meetings open to the public for people with disabilities.

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

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

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

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

27. Liabilities
The bidder shall hold the City, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances

14 furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the City or bidder because of the unauthorized use of such items.

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

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

15 SECTION 5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Atwater
Attn: City Clerk
1160 Fifth St.

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

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

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

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

18 ATTACHMENT A

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

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

19 THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

ATTACHMENT B

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

1. 4

FORD LIGHTNING BATTERY ELECTRIC

PICKUPS
2 4 DELIVERY DATE AFTER AWARD OF

CONTRACT
TOTAL $
DATE SIGNATURE:

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

20 ATTACHMENT C

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

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

September 11, 2023
TO: Mayor and City Council
FROM: Jana Sousa, Human Resources Director

PREPARED
BY:

Jana Sousa, Human Resources Director
SUBJECT: Approving and Ratifying a Side Letter Agreement Between the City of Atwater and the Atwater Police Officers’ Association (APOA) (Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3429-23 approving and ratifying a side letter agreement between the City of Atwater and the Atwater Police Officers' Association (APOA) regarding terms and conditions of employment relating to Public Safety Dispatchers, specifically Article 7 (Work Week and Schedule), Section 7.2.2 (Public Safety Dispatchers) of the current Memorandum of Understanding (MOU) and authorizing and directing the City Manager to execute the agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City of Atwater (“City”) and the Atwater Police Officers’ Association (“APOA”) entered into its most recent Memorandum of Understanding (MOU) with an effective date of July 1, 2023. The term of the current MOU expires on June 30, 2027.

The City and APOA incorporated language into the most recent MOU to agree the parties would meet and confer at a future date regarding a new Public Safety Dispatcher work schedule. The City’s negotiating team and the APOA met and conferred in good faith regarding a new Public Safety Dispatcher work schedule, and new language relating to such. On August 21, 2023, the City and the APOA reached a tentative agreement, and on September 7, 2023, the City was notified that the APOA voted in favor of ratifying the tentative agreement. Staff is now seeking ratification by the City Council.

The proposed side letter includes language changes to Article 7, Section 7.22 of the current MOU and an Exhibit A which outlines the new Public Safety Dispatcher work schedule. All proposed changes to language are outlined in red and underlined.

II. FISCAL IMPACTS:

The fiscal impacts associated with the side letter agreement are included in the proposed Fiscal

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

Year 2023-24 Budget. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Human Resources Director has worked closely with the City Manager’s Office to present this item to the City Council for action.

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 employment agreements would not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon approval of the side letter agreement, staff will route the agreement for signatures and begin the implementation process.

Submitted by:

Jana Sousa, Human Resources Director
Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso No. 3429-23 Approving and Ratifying Side Letter Agreement with APOA

9.11.23

Agenda Report - Page 3

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3429-23

APPROVING AND RATIFYING A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF ATWATER AND THE ATWATER POLICE
OFFICERS’ ASSOCIATION (APOA) REGARDING TERMS AND

CONDITIONS OF EMPLOYMENT RELATING TO PUBLIC SAFETY
DISPATCHERS, SPECIFICALLY ARTICLE 7 (WORK WEEK AND
SCHEDULE), SECTION 7.2.2 (PUBLIC SAFETY DISPATCHERS) OF

THE CURRENT MEMORANDUM OF UNDERSTANDING (MOU) AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE

THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Atwater Police Officers’ Association (“APOA”) represents sworn and unsworn employees of the City of Atwater (“City”); and
WHEREAS, the terms of the current Memorandum of Understanding (“MOU”) between the City and the APOA expire on June 30, 2027; and
WHEREAS, City representatives have in good faith met and conferred in with representatives of the APOA bargaining unit regarding certain terms and conditions of employment, specifically related to Article 7 (Work Week and Schedule), Section 7.2.2 (Public Safety Dispatchers) of the current MOU; and
WHEREAS, the representatives have reached a tentative agreement to the terms set forth in the proposed side letter agreement incorporating new language and a new work schedule into Article 7, Section 7.2.2 of the current MOU; and WHEREAS, on September 7, 2023, the City received notification that members of the APOA bargaining unit voted to ratify the tentative agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and ratify the side letter agreement between the City and the APOA, EXHIBIT “A,” attached hereto and made a part herein.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions, corrections, or alterations to the text of the agreement described in Exhibit “A” to correct typographical errors so long as it does not substantively change content.

Resolution No. 3429-23 Page 2
BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager to sign any documents and to take any necessary measures required to implement the provisions of the side letter upon review of the City Attorney.

The foregoing resolution is hereby adopted this 11
th day of September 2023.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

MIKE NELSON, MAYOR
ATTEST:
_____________________________
KORY J. BILLINGS, CITY CLERK

EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN THE CITY OF ATWATER ("CITY") AND ATWATER POLICE OFFICERS' ASSOCIATION ("APOA"), PERTAINING TO

CERTAIN TERMS AND CONDITIONS OF EMPLOYMENT
The City and the APOA have reached an agreement concerning certain matters pertaining to terms and conditions of employment for Public Safety Dispatchers covered under the Memorandum of Understanding (MOU) as they may apply to the APOA. Unless otherwise specified in this agreement, these terms and conditions shall be effective September 28, 2023, and integrated into the existing MOU as follows:

Section 7.2.2: Public Safety Dispatchers
6:_Public Safety Dispatchers scheduled to work four (4) consecutive days per week and ten (10) hours per day shall sJ:la.1.1-be provided the following allotted breaks and lunch periods:
_• _Aa-ve- Itwo (2) paid break periods of fifteen (15) minutes each., and _• _aAG-Oene (1) unpaid lunch-meal period of thirty (30) minutesminutes.

A unless the Public Safety Dispatcher is working on his/her 01Nn, in 1.vhich case the meal period shall be considered an "on duty" paid meal period pursuant to Labor Code § 226.7, as amended, which shall require completion of an On Duty Meal Period Agreement.
.!;L_Public Safety Dispatchers scheduledhave agreed to an alternate work schedule of four (4) consecutive days per week with three (3)--aoo consecutive shifts of-_twelveeA (1~.0) hours per day and one (1) shift of four (4) hours per day (which will either precede or come at the end of the three (3) twelve ( 12) hour days) shall be provided the following allotted breaks and lunch periods:-:
• Two (2) paid break periods of fifteen (15) minutes each; and • One ( 1) paid lunch period of thirty (30) minutes.

C. Public Safety Dispatchers who work less than a full ten ( 10) or twelve ( 12) hour shift shall be provided the following allotted breaks and lunch periods:
• Four (4) hours of work to six (6) hours of work; one fifteen (15) minute paid break period. • More than six (6) hours to less than eight (8) hours of work; one fifteen (15) minute paid break period and one (1) thirty (30) minute paid lunch period. • Eight (8) or more hours of work; two (2) fifteen (15) minute paid break periods and one (1) thirty (30) minute paid lunch period.

D. Public Safety Dispatchers shall log in and log out of all breaks and lunch periods using the Computer Aided Dispatch (CAD) system. The Public Safety Dispatcher shall remain on the work premises and be available to return to duty if needed.

B-:- E. Should a Public Safety Dispatcher not be provided a lunch period, additional straight time will be paid for the missed lunch period. Public Safety Dispatchers shall be responsible for noting the missed lunch period on their timecard including the reason for the missed lunch period.

G.- E._Public Safety Dispatchers shall be entitled to three (3) days off per work week. ~Public Safety Dispatchers workdays and hours will be subject to modification in the event of emergency or other extenuating circumstances. Any changes to scheduled hours will be

subject to Section 9.1. The regular set work schedule will be as shown in Exhibit A of this document.
.!:i_Due toln the case of -staffing shortages in Dispatch, the parties agree that Public Safety Dispatchers on day shift and graveyard shift will be scheduled to workto atwelve ( 12) hour days with the exception of Wednesday which will be a four (4) hour temporary day with two (2) hours of ordered overtime if needed. Wwork schedule as outlined above in Section 7.2.2 .<.filwhich will include two hours of scheduled overtime per day, in addition to the regular 10 hour workday.
th- The schedule 'Nill be as follows:
• One dispatcher working 6am to 4 pm plus 2 hours of scheduled overtime until 6pm Sun Wed; another dispatcher working the same hours Wed Sat. b. One dispatcher working 6pm to 4am plus 2 hours of scheduled overtime until 6am Sun Wed; another dispatcher 'Norking the same hours Wed Sat. _I. _The Chief of Police can adjust the scheduled hours for-tRe dispatch shifts to begin and end up to two__(2)_ hours earlier or two (2) hours later t-Ae-Rthan specified aboveshown in Exhibit A, after providing the minimum twenty-eight (28) day notice of schedule change.

J. In the event a vacancy occurs to a shift which needs to be filled in order to properly staff the Dispatch Center, the Department will ask for volunteers and fill such request by selecting the volunteer who is the senior employee within the classification, which disrupts the schedule the least. (Example: If two (2) Public Safety Dispatchers volunteer to be moved to a vacant shift, the one occupying a cover shift would be easier to move than the one occupying a day shift or graveyard shift so the cover shift dispatcher would be moved. If two (2) cover shift Public Safety Dispatchers volunteer to be moved, then the one who is senior in classification would be moved). Public Safety Dispatchers who are moved by the department who do not volunteer, shall be provided twenty-eight (28) days' notice of schedule change, unless there is a bonified emergency.

E-:-K. Employees within the classification of Public Safety Dispatcher may trade shifts within the same pay period with the approval of the Supervisor assigned to Dispatch.

F. The Parties believe that dispatchers would convert most of the scheduled overtime into comp time,
1Nhich could be redeemed on the Wednesday overlap days. The parties agree to evaluate how this works out in a practical sense during the month of October 2021 to see if the schedule is effective.

G. In addition, the parties agree to continue exploring a dispatch schedule with 12 hour shifts that meets the needs of the Department and improves working conditions for the dispatchers. If the City and the Association can come to an agreement, on a schedule different than that described above, it would be implemented on a trial basis for one year to evaluate its effectiveness.

H. If the Chief of Police determines the schedule is not effective at meeting the needs of the department, then dispatch 'Nill be returned to the current 10 hour schedule without the scheduled overtime.

I. The parties agree to meet and confer regarding a Public Safety Dispatcher work schedule, and any updates to the language in this section reflecting changes, not less than ninety (90) days after ratification of the MOU.

FOR THE ASSOCIATION: FOR THE CITY:

Robert Vargas, Police Officer
APOA President
Lori Waterman, City Manager
City of Atwater
David Goodwin, Police Officer
APOA Vice President
Jana R. Sousa, Human Resources Director
City of Atwater
Dayton Snyder
APOA Police Sergeant
Frank Splendorio, City Attorney
City of Atwater
Kathy Mathis
APOA Public Safety Dispatcher
Marcelina Zimmerman
APOA Public Safety Dispatcher
Tony Silva, Labor Representative
Goyette, Ruano & Thompson

THURS FRI SAT SUN MON TUE WED THURS FRI SAT SUN MON TUES WEDS 0600-1600 0600-1600 0600-1600 0600-1600 XXX XXX XXX 0600-1600 0600-1600 0600-1600 0600-1600 XXX XXX XXX 0600-1600 0600-1600 XXX XXX XXX 0600-1600 0600-1600 0600-1600 0800-1800 XXX XXX XXX 0600-1600 0600-1600 0600-1600 0800-1800 1300-0100 1300-0100 1300-0100 1300-0100 1700-2100 XXX XXX XXX 1300-0100 1300-0100 1300-0100 1700-2100 XXX XXX XXX 1300-0100 XXX XXX 1700-2100 1300-0100 1300-0100 1300-0100 XXX XXX XXX 1700-2100 1300-0100 1300-0100 1300-0100 XXX 1100-2100 1100-2100 XXX XXX XXX 1100-2100 1100-2100 1100-2100 1100-2100 XXX XXX XXX 1100-2100 1100-2100 1100-2100 2000-0600 2000-0600 2000-0600 2000-0600 XXX XXX XXX 2000-0600 2000-0600 2000-0600 2000-0600 XXX XXX XXX 2000-0600 2000-0600 XXX XXX XXX 2000-0600 2000-0600 2000-0600 1800-0400 XXX XXX XXX 2000-0600 2000-0600 2000-0600 1800-0400 FOUR 10'S - 7 DISPATCHERS (MAX 3 DISPATCHERS ON AT A TIME - 3 UNTIL 1630 SOMEDAYS & 3 FROM 1930-0230 OTHER DAYS)

EXHIBIT A

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

September 11, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director , Anna Nicholas, Finance Director

PREPARED
BY:

Anna Nicholas, Finance Director
SUBJECT: Adopting resolution amending the Fiscal Year 2023-2024 Miscellaneous Fee Schedule (Finance Director Nicholas and Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2023-2024 Miscellaneous Fee Schedule;

Close the Public Hearing;

Motion to adopt Resolution No. 3425-23 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2023-2024; or

Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

At the regularly scheduled June 12, 2023 City Council meeting, City Council adopted Resolution No. 3400-23 setting the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2023-24 to be effective July 1, 2023.

Due to the recent transition of the franchise agreement for residential and commercial garbage, recyclable materials and organic waste collection to Mid Valley Disposal as of July 1, 2023, it has come to the staff's attention that additional, one-time, temporary, and other services need to be approved by City Council to be able to offer the citizens of Atwater all the services allowed under the Franchise Agreement with Mid Valley Disposal.

Mid Valley Disposal offers many additional, one-time, temporary, and other voluntary or elective services to customers that weren't part of the old sanitation franchise agreement or rate schedule.

The proposed sanitation fees for adoption are located on the last three pages of the

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

proposed Miscellaneous Fee Schedule and are in bold print and underlined for easy identification.

II. FISCAL IMPACTS:

Adoption of the proposed miscellaneous sanitation fee additions allows the City of Atwater sanitation customers a variety of additional, one-time, temporary, and other voluntary or elective services from the City's franchised residential and commercial garbage, recyclable materials and organic waste collection provider.

The proposed fees recover the cost of providing the services under the Franchise Agreement and allow the City to recoup overhead costs associated with the Sanitation Fund.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

City Council could choose not to amend the Miscellaneous Fee Schedule as presented by staff.

VI. INTERDEPARTMENTAL COORDINATION:

The appropriate departments coordinated efforts to add the necessary sanitation fees to the Fiscal Year 2022-2023 Miscellaneous Fee Schedule .

VII. PUBLIC PARTICIPATION:

A Public Hearing Notice for this item was published in the Merced Sun-Star on August 25, 2023. Additionally, the public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution 3425-23, amending the Miscellaneous Fee Schedule, the City Clerk will circulate the new Fee Schedule to all Departments to begin charging the amended fees upon the effective date.

Submitted by: /s/ Anna Nicholas, Finance Director

Agenda Report - Page 3

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso 3425-23 amending Misc Fee Sch for Sanitation Fees

2. 9-11-23 Amended Misc Fee Schedule FY 23-24

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3425-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER AMENDING THE FISCAL YEAR 2023-24

MISCELLANEOUS FEE SCHEDULE TO ADD SANITATION
FEES
WHEREAS, the City of Atwater has established a Citywide fee structure “Miscellaneous Fee Schedule” to offset the cost of services; and
WHEREAS, the City of Atwater’s Miscellaneous Fee Schedule is adopted by resolution; and
WHEREAS, The City Council adopted Resolution No. 3400-23 setting the most recent Miscellaneous Fee Schedule on June 12, 2023; and
WHEREAS, due to the July 1, 2023, transition of the franchise for residential and commercial garbage, recyclable materials and organic waste collection services to Mid Valley Disposal; and
WHEREAS, in order for the citizens of Atwater to be able to receive all the services available under the new Franchise Agreement, additional sanitation fees will need to be added to the Miscellaneous Fee Schedule; and
WHEREAS, a public Hearing was noticed on August 25, 2023 to consider certain amendments to the Miscellaneous Fee Schedule.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater as follows:

A. All previous resolutions that set and/or amended the Miscellaneous Fee Schedule are hereby repealed and superseded by Resolution No. 3425-23.

B. The Miscellaneous Fee Schedule, attached hereto as EXHIBIT “A” and made a part of herein, is hereby approved.

C. The purpose of the fees set forth in the City’s Miscellaneous Fee Schedule EXHIBIT “A” of this resolution is to recover up to the full, lawfully recoverable costs incurred by the City.

Resolution No. 3425-23 Page 2
D. Effective Date. All new and/or increased fees shall be effective upon adoption of this resolution with the exception of fees established in accordance with Government Code Section 66017. Development related new and/or increased fees shall be effective sixty (60) days following the effective date of this resolution.

E. Annual Adjustment. Said miscellaneous fees shall be adjusted annually every July 1st according to the U.S. Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers (Not Seasonally Adjusted). West Region, by the percentage of change in the index from the month of April of the same year. Rounding shall be as follows: .01 to .49 shall be rounded down to the nearest whole dollar; .50 to .99 shall be rounded up to the nearest whole dollar.

F. Repealer. These fees shall supersede the corresponding fees previously established by the City. All previously adopted and confliction fees, and all resolutions and other actions of the City Council are hereby repealed to the extent they conflict with the contents of this resolution.

G. Severability. The individual fees and charges set forth in EXHIBIT “A” of this resolution and portions of this resolution are severable. Should any of the fees or charges or any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or resolution portions shall be and continue in full force and effect, except as to those fees, charges, and/or resolution portions that have been adjudged invalid. The City Council of the City of Atwater hereby declared that is would have adopted each of the fee and charges set forth in EXHIBIT “A” of this resolution, and this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sentences, phrases or other portions of this resolution may be held invalid or unconstitutional.

The foregoing resolution is hereby adopted this 11th day of September 2023.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
Cost Recovery, Legal Services Actual Cost
Cost Recovery, Liability Claim Processing Actual Cost
Notary Services (as set by GC 8211) No COLA associated $15 per signature Mailed Copies of City Council Agenda (per fiscal year) $42 Mailed Copies of City Council Minutes (per fiscal year) $40 $143
Copy of City Council Video DVD $12
Final Budget (summary) $13
Final Budget $52
Copy of Municipal Code to CD $12
Preliminary Budget $36
Annual Financial Statement $32
Five Year Capital Improvement Budget $21
Voucher $37
Business License Listing $28
Mailing Labels for Business License $37
Abatement Lien $48
Photocopies (first page) $4
Photocopies (per copy of B/W) $0.12
Photocopies (per copy of color) $0.21
Returned Checks $46
Electronic Payment Processing Fees Up to 5% of the total amount Donation Bin Permit/Renewal Processing Fee $50 annually Donation Bin Permit Sticker (replacement) $13
Research Actual Cost
COMMUNITY DEVELOPMENT:

BUILDING DIVISION:

Building Inspection Fee (minimum 1 hour) $130 per hour
Monthly Building Activity Reports (per fiscal year) $33 Building Permit Plan Reproduction (smaller than 11x17) $85 Building Permit Plan Reproduction (larger than 11x17) $169 EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Mailed Copies of City Council and Planning Agendas and Minutes (per fiscal year)
1 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
PLANNING DIVISION:

Building Permit Application Plan Review (15 mins.) $54
Building Permit Application Plan Review (16 to 30 mins.) $108 Building Permit Application Plan Review (over 30 mins.) $215 General Plan (Copy or Disk) $65
General Plan EIR (Copy or Disk) $70
Specific Plan Application Deposit $10,157, Actual Cost + 20% Specific Plan Preparation Actual cost + 20%
Housing Element (Copy or Disk) $44
General Plan or Zoning Map Reproduction $16
Street Tree Master Plan $36
Annexation Application $3,063 plus $115 per acre
$234
$234
Environmental Assessment (Review of private prepared document) Actual Cost + 20% Actual Cost + 20%
Environmental Impact Report Preparation Actual Cost + 20% General Plan Amendment Preparation Deposit $2,031, Actual cost + 20% Home Occupation Permit $217
Lot Line Adjustment Deposit $676 + actual cost
Lot Merger Deposit $676 + actual cost
Monthly Building Activity Reports (per fiscal year) $33 Pre-zoning Deposit $2,041 + actual cost
Reversion to Acreage Deposit $676 + actual cost
Sign Review $184
Site & Architectural Plan Review Deposit $1,029 + actual cost Tentative Subdivision Map
Deposit $3,046 + $61 per
lot, Actual Cost + 20%
Tentative Parcel Map
Deposit $1,876 + $61 per
lot, Actual Cost + 20%
Condominium Conversion Actual Cost + 20%
Regular Conditional Use Permit Actual Cost. $2,000 Minimum Deposit Conditional Use Permit Amendment $361
Conditional Use Permit Monitoring $147 Annually
Commercial Conditional Use Permit General Plan Update Fee $239 Variance Deposit $993, Actual Cost + 20%
Zone Change
Deposit $1,847, Actual
Cost + 20%
Zoning Ordinance Text Amendment
Deposit $1,847, Actual
Cost + 20%
Time Extension Request Application Original Application Fee Appeal of Staff Decision to Planning Commission
Appeal of Planning Commission Decision to City Council
Environmental Assessment Preparation for Private Development Project
2 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Planned Development Zone:

Master Plan Application
Deposit $2,242, Actual
Cost + 20%
Final Development Plan Application
Deposit $2,242, Actual
Cost + 20%
Planned Development Amendment:

Deposit $1,130, Actual
Cost + 20%
Development Agreement Preparation Actual Cost + 20%
BUSINESS LICENSE:

Nonrefundable License Application Fee $40
Appeal Fee Actual Cost
Amendment to Business License Fee $30
Duplicate License Fee $5
CANNABIS REGULATORY PERMIT:

Cannabis Application Fee Actual Cost. $1,500 Minimum Deposit Cannabis Application Renewal Fee $345
Appeal Fee Actual Cost
Cannabis Regulatory Permit, Annual $15,000
Cannabis Regulatory Permit Amendment $400
ENGINEERING DIVISION:

Cost Recovery, Legal Services Actual Cost + 20%
Improvement Standards and Specifications Book $37
Map or Document Research (minimum 1 hour) Actual Cost + 20% Improvement Plans Review, City Staff 3% of value
Deposit 3% of value, Actual Cost + 20%
Traffic Plan Check Review Actual Cost
Storm Water Quality Control Plan Review $775
Swimming Pool Permit $37
3% of value ( $259 minimum)
Encroachment Permit for Public Utilities (AT&T, PG&E, MID, Comcast, etc.) $300 Inspections for Public Utilities Company Permits, City Staff $134 per hour Inspections for Public Utilities Company Permits, Consultant Actual Cost + 20% Well Construction (except drinking water) $300
Well Abandonment $300
Encroachment Permit for Driveway Approach Replacement $300 Encroachment Permit for Sidewalk Replacement $300
Encroachment Permit for Utilities Installation (Street Cuts) $404 *Trench Deposit, Single Utility (held for 12 months)
Deposit $2,485 + Actual
Cost
*Trench Deposit, Multi Utilities (12 months from excavation of last trench) Deposit $6,540 + Actual
Cost
*Trench deposits are not required for projects covered under a warranty bond On-Site Inspections 3% of value
Off-Site Inspections 3% of value
False Alarms (within a 12 month period at a single site) False alarms are not subject to CPI Adjustment PUBLIC WORKS:

Encroachment Permit
Improvement Plans Review, Consultant
3 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Administrative Fee 20% for all billable charges
Street Sweeper and Clean-Up Fee (minimum 2 hours) Actual Cost Barricade Rental
$6 each-first day, $1 eacheach day after
Emergency Labor, Equipment and Materials Actual Cost
Deposit $547 plus
installation $46 plus $5 per
thousand gallons of usage
Delinquent Back Flow Testing
$103 plus actual cost for
repair parts if needed
Water Problem (call out) Evaluation (minimum 2 hours) Actual Cost After Hour Reconnection Fee (SB 998) $150
Red Tags (second and subsequent notices) Actual Cost
Commercial Recycling Actual Cost plus 11%
POLICE:

Background Check Fee $131
Copies .10 cents (per page)
Photos
$15 per CD; $1 per page if
printed
Unconsensual Franchise Tow Fee (Per Vehicle) $60
Second Hand Dealer/Pawn Broker License (initial)
Hydrant Use or Construction Water (meter cost plus actual cost) 4 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $65
False Alarms (sixth and subsequent**) $130
False Alarms (maximum fee per day) $325
Domestic Fowl/Animal Permit $30
Cats/Dogs Redeemed (first occurrence) $67
Cats/Dogs Redeemed (second occurrence) $135
Animals to Pound, Requested by Owner $120
Clearance Letter $30
Dance Permit $36
Fingerprint Card $60
Bicycle License $7
Amplified Sound Permit $48
Second Hand Dealer/Pawn Broker License (renewal) $36
Alcohol Consumption Permit (City property, per event) $48 Solicitor Permit (non-profit) $24
Solicitor Permit (profit) $47
Handgun Dealer Permit (initial) $47
Handgun Dealer Permit (renewal) $30
Neighborhood Watch Program
Police Reports, Crime/Accident (first 4 pages) $24
Jail Booking County Cost plus 20%
Citation Sign-Off (for non-Atwater resident) $18
Stored Vehicle Release $272
Repossession Filing Fee (mandated by State Gov. Code 41612) $19 Concealed Weapon Permit (initial) $212
Concealed Weapon Permit (renewal) $164
Emergency Response (Gov. Code 53150-53158) Actual Cost plus 15% 1 - 5,000 sq. ft. $48
Taxi Cab Permit (initial) $48
Taxi Cab Permit (renewal) $30
Tow Cab Franchise Fee $59
Abandoned Cart Fee $50 per cart, per pick-up
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident
5 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Code Enforcement Reinspection Fee $52
FIRE:
1,251 GPM (16 hour maximum) 1251-1500 $94/hour
1,501 GPM (16 hour maximum) 1501-2000 $96.50/hour
Pick-Up (16 hour maximum) $61/hour
Works Comp. Actual Cost
Administration (OES) Actual Cost
Annual Inspections and New Business Inspections
Low Hazard Inspection (businesses, industries, merchandise) Per Hour:

Occupancy types: A (<50 People), B, C, F-2, M, S-2, U
1 - 5,000 sq. ft. (first inspection) $133
First Re-Inspection $148
Second Re-Inspection $163
5,001 - 10,000 sq. ft. (first inspection) $143
First Re-Inspection $158
Second Re-Inspection $173
10,001 - 20,000 sq. ft. (first inspection) $153
First Re-Inspection $168
Second Re-Inspection $183
20,001 - 40,000 sq. ft. (first inspection) $183
First Re-Inspection $198
Second Re-Inspection $213
40,001 - 80,000 sq. ft. (first inspection) $193
First Re-Inspection $208
Second Re-Inspection $223
80,001 - 120,000 sq. ft. (first inspection) $203
First Re-Inspection $218
Second Re-Inspection $233
120,001 - 150,000 sq. ft. (first inspection) $263
First Re-Inspection $278
Second Re-Inspection $293
150,001 - 200,000 sq. ft. (first inspection) $323
First Re-Inspection $338
Second Re-Inspection $353
6 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
200,001+ sq. ft. (first inspection) $383
First Re-Inspection $398
Second Re-Inspection $413
Occupancy types: A (>50 People), E, F-1, H-1-5, I-1-3, I-4, L, R-1-4, S-1 1 - 5,000 sq. ft. (first inspection) $133
First Re-Inspection $148
Second Re-Inspection $163
5,001 - 10,000 sq. ft. (first inspection) $143
First Re-Inspection $158
Second Re-Inspection $173
10,001 - 20,000 sq. ft. (first inspection) $153
First Re-Inspection $168
Second Re-Inspection $183
20,001 - 40,000 sq. ft. (first inspection) $203
First Re-Inspection $218
Second Re-Inspection $233
40,001 - 80,000 sq. ft. (first inspection) $213
First Re-Inspection $228
Second Re-Inspection $243
80,001 - 120,000 sq. ft. (first inspection) $223
First Re-Inspection $238
Second Re-Inspection $253
120,001 - 150,000 sq. ft. (first inspection) $303
First Re-Inspection $318
Second Re-Inspection $333
150,001 - 200,000 sq. ft. (first inspection) $383
First Re-Inspection $398
Second Re-Inspection $413
200,001+ sq. ft. (first inspection) $463
First Re-Inspection $478
Second Re-Inspection $493
Moderate-High Hazard Inspection (50+ gather, education facility, high fire area, hospitals, residential, storage) Per Hour:
7 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Other Inspections/Rates:

Inspections:

Christmas Tree Lots or Sale Areas at Car Sales $63
$134
$217
Daycare Facilities (more than 6 children, State mandated inspection) $134 Fire Safety Application Review $217
Fire Safety Plan Review $217
Aircraft Refueling Vehicle (initial) $314
Occupancy Permits $70
Penalty Charges (unauthorized occupancy) $147
Tents and Air-Supported Structures (per 200 sq. ft., except for camping) $119 Rates:

Hydrant Flow Data-Per Hydrant $277
Weed Abatement Contractors Cost plus 20%
Consultation $119
Fire Cause Investigation $119
Stand-by or Fire Watch $144
Operational Permits:

Tanks: Hazardous Material Storage, Installation/Removal $144 Aerosol Products Permit (retail storage, under exempt amounts per sq. ft.) $129 Aerosol Products Permit (warehouse and storage) $259
Aircraft Repair Hanger $129
Commercial Rubbish Handling Operation (initial) $194
Aircraft Refueling Vehicle (renewal) $129
Asbestos Removal Permit $194
Automobile Wrecking Yard $194
Battery System $259
Bowling Pin or Alley Refinishing (initial) $259
Bowling Pin or Alley Refinishing (renewal) $205
Candles/Open Flame in Assembly Area (single use permit) $45 Candles/Open Flame in Assembly Area (on-going facility permit) $205 Carnivals and Fairs $145
Board and Care Facilities (full time patient care, State mandated inspection, over 50 occupants)
Board and Care Facilities (full time patient care, State mandated inspection, 7 - 50 occupants)
8 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Cellulose Nitrate Film $263
Cellulose Nitrate Storage $263
Combustible Fiber Storage $322
Combustible Material Storage $145
Compressed Gas, Store/Handle/Use (initial) $263
Compressed Gas, Store/Handle/Use (renewal) $145
Containers/Tanks (initial) $205
Commercial Rubbish Handling Operation (renewal) $145
Cryogen Use, Plan Check/Install/Inspection/Use (initial) $406 Cryogen Use, Plan Check/Install/Inspection/Use (renewal) $163 Dry Cleaning Plants (initial) $263
Dry Cleaning Plants (renewal) $205
Dust Producing Operation (initial) $263
Dust Producing Operation (renewal) $205
Explosive or Blasting Agent (permit and 2 blasts) $205
Explosive or Blasting Agent (more than 2 blasts) $63
Fireworks Ground Display $145
Fireworks, Pyrotechnic Special Effects (theatrical/movies) $145 Fireworks, Aerial Display (includes ground display) $322 Flammable or Combustible Liquids $322
Retail Storage (under exempt amount per control area) $63 Pipeline, Operations/Excavation $145
Liquid or Gas Fueled Vehicles or Equipment in Assembly $322 Containers/Tanks (renewal) $205
Underground Tanks $145
Tank Removal $205
Tank Vehicles (initial) $205
Tank Vehicles (renewal) $145
Fruit Ripening $145
Fumigation or Thermal Insecticides Fogging $145
$145
Hazardous Materials, Storage/Handle/Use (initial) $517
Hazardous Materials, Storage/Handle/Use (renewal) $205
Hazardous Production Materials $398
Hazardous Materials, Retail Storage (under exempt amount per control area)
9 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
High Piled Combustible Stock (initial) $398
High Piled Combustible Stock (renewal) $263
LPG - Non Single Family Dwelling $263
LPG - Single Family Dwelling $145
Special Use/Event Permit $145
Lumber Yards $205
Magnesium Working $263
Mall Covered $263
Motor Vehicle Fuel Dispensing Station $263
Motor Vehicle Refueling Unit $263
Open Fires (includes bonfires & burn permits) $63
Organic Coating (initial) $513
Organic Coating (renewal) $394
Ovens, Industrial Baking or Drying (initial) $205
Ovens, Industrial Baking or Drying (renewal) $145
Radioactive Materials (initial) $263
Radioactive Materials (renewal) $145
Refrigeration Equipment, Install/Operate (initial) $322 Refrigeration Equipment, Install/Operate (renewal) $205 Repair Garages $145
Administration (OES) $145
Spraying or Dipping (initial) $382
Spraying or Dipping (renewal) $205
$145
Tents (all others) $382
Tire Storage $205
Wood Products $263
Hot Work and Cutting Operations (within occupancy and mobile) $205 Fireworks Stands/Booth Application Fee $176
Firework Stand/Storage/Display Inspection $134
Tents/Canopy/Membrane Structures - Non High Fire Hazard Area (100 occupants)
10 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Special Events Fire and Life Safety
Cost Recovery/Miscellaneous:
1,250-1500 GPM (16 hour maximum) $107
1,501-2000 GPM (16 hour maximum) $111
Pick-Up (16 hour maximum) $74
Works Comp. Actual Cost
Rent: Private Organization (per hour) $0.19
Fire Reports $18
Street Spills $57 plus Actual Cost
False Alarms (within a 12 month period at a single site) False alarms are not subject to COLA False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $65
False Alarms (sixth and subsequent**) $130
False Alarms (maximum fee per day) $325

PARKS, RECREATION & COMMUNITY EVENTS
Community Center, Multipurpose Room
Reservation and Cleaning Deposit $350
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $100
Rent: Non-Profit/Senior Organization (per hour) $70
Rent: Private Organization (per day) $2,400
Rent: Non-Profit/Senior Organization (per day) $1,680
Facility Attendant, (per hour) $35
Community Center, Multipurpose Room & Evelyn Chambers Senior Room Reservation and Cleaning Deposit $525
Cancellation Fee: Less than 10 Days of Rental Forfeit Deposit Cancellation Fee: More than 10 Days of Rental $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $140
Rent: Non-Profit/Senior Organization (per hour) $90
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident.

Cancellation Fee: More than 10 Days of Rental
11 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Rent: Private Organization (per day) $3,360
Rent: Non-Profit/Senior Organization (per day) $2,160
Facility Attendant, (per hour) $35
Community Center, Evelyn Chambers Senior Room
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $75
Rent: Non-Profit/Senior Organization (per hour) $40
Rent: Private Organization (per day) $1,800
Rent: Non-Profit/Senior Organization (per day) $960
Facility Attendant, (per hour) $35
Community Center, Jessie Frago or Andy Longinotti Meeting Rooms Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $65
Rent: Non-Profit/Senior Organization (per hour) $40
Rent: Private Organization (per day) $1,560
Rent: Non-Profit/Senior Organization (per day) $960
Facility Attendant, (per hour) $35
Community Center, Kitchen
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Senior Citizen Groups with Kitchen (per hour) $40
Rent: Non-Profit/Senior Organization (per hour) $35
Senior Citizen Groups with Kitchen (per day) $960
Rent: Non-Profit/Senior Organization (per day) $840
Table & Chair Fees:

Table & Chair Set Up and Usage Fee $125
Table & Chair Set up and Usage Fee for Senior Citizen Organization $75 Castle Youth Center
Birthday Party (2 hours) gym, game room & activity area $175 Gym Rental (per hour) $60
Facility Attendant, (per hour) $35
Veterans Park Pavilion
Reservation and Cleaning Deposit $200
12 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $75
Cancellation Fee: More than 30 Days of Rental $80
Atwater Resident Rental Fee with Kitchen $250
Senior/Civic/Schools/Non-Profit Organization with Kitchen $200 Osborn and Miyake Ball Field Tournament without Lights (per field per day) $175
Facility Attendant, (per hour) $35
Bloss Grounds
Deposit $350
Private Party (2 hour minimum) $80 per hour
Non-Profit / Senior Group (2 hour minimum) $40 per hour Facility Attendant, (per hour) $35
Photograpy Session (2 hour minimum) - Exclusive Use Only $30 per hour Bloss Library Museum
Private Usage $50 per hour
Non-Profit / Senior Group No Charge
Facility Attendant, (per hour) $35
Field Rentals
Osborn and Miyake Ball Field Deposit $210
Osborn and Miyake Ball Field Rental (per hour) $35
Osborn and Miyake Ball Field Rental with Lights (per hour) $40 $145
$75
Veterans Park Football Field Deposit $210
Veterans Park Football / Soccer Field, Youth Teams (per day) $125 Veterans Park Football Field, Adult Teams (per day) $150 Memorial Ball Field Deposit $200
Memorial Ball Field (per game) $75
Memorial Ball Field Prep $75
Memorial Ball Field Light Usage (per hour) $40
Joan Faul Soccer Field Deposit $210
Joan Faul Soccer Field 1 (per day) $100
Joan Faul Soccer Field 2 (per day) $100
Joan Faul Soccer Fields 1 & 2 (per day) $175
Youth Recreation Programs Resident Non Resident
Osborn Park Tennis Court (per key for one year) $80 $100 Osborn Park Tennis Court (per key for six months) $40 $50 Youth Basketball (co-ed, boys and girls, grades K-12) (per player) $80 $105 Youth Indoor Soccer (per player) $75 $95
Summer Drop-in Program - Per Week
Osborn and Miyake Ball Field Tournament Field Preps (per prep per field per day)
Learn to Swim Program (parent & infant)
13 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Full Day - Per Week $90 $115
Youth Flag Football (per player) $75 $95
Youth Volleyball (per player) $85 $105
Summer Youth Camp (per camp) $50 $70
Adult Recreation Programs
Men's Spring Softball $550 $575
Men's Summer Softball $550 $575
Men's Fall Softball $550 $575
Coed Spring Softball $550 $575
Vendor Fair Booth Rental (12x12) $550 $575
Coed Fall Softball $550 $575
Coed Winter Volleyball $425 $450
Coed Summer Volleyball $425 $450
Men's Volleyball $425 $450
Women's Volleyball $425 $450
Men's Summer Basketball League $650 $675
Men's Winter Basketball League $650 $675
Other Recreation Programs
Misc. Recreation Classes & Events $10 - $50 $10 - $50
Vendor Fair Booth Rental (12x12) $100
Sanitation
Other/Additional Services/One-Time/Temporary
Single-Family & Multi-Family (2-4 units w/CARTS)
Residential Large Item Pick-up - Includes up to two (2) Items $60 Restart of Services (Auto Resume Fee) $0
Cart Delivery $100
Cart Removal $0
Cart Exchange $75
Residential Cart Replacement Fee $75
Overloaded/Contamination Fee 1st Occurrence (any cart) $25 Overloaded/Contamination Fee 2nd Occurrence (any cart) $30 Temporary Bins- Available to ALL Property Types
3 Cubic Yard Temporary Bin
Delivery, Removal and up to 7 days rental $226
Each additional pickup $105
4 Cubic Yard Temporary Bin
Delivery, Removal and up to 7 days rental $280
Each additional pickup $121
Multi-Family (5+ units) ** Commercial -All ** Multi-Family (2-4 units) (Bin or Cart) (Bin or Cart) (Bin ONLY)
Cart Contamination / Overloaded $25
Bin Contamination / Overloaded $30
Per Bin
Per Occurrence
Per Occurrence
Per Cubic Yard
Per Occurrence
Per Occurrence
Per Occurrence
Per Bin
Per Occurrence
Billing Frequency
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
14 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
Special Services:

Special Pick-Up up to 3 cubic yards $209
Additional Standby and Loading Time $138
Large Venue Events (Non-City Events) $209
Other Services:

Locking Bin, Lock on Gate, enclosure monthly fee $45
Trip Charge/Dry Run $200
Restart of Services (Auto Resume Fee) $0
Setup Fee $0
Delivery Charge $45
Delivery Charge Commercial Carts $25
Removal $75
Exchange Fee $45
Stinger/Scout Service Fee $37
Recycling Contamination Fee $43
Overage Fee $59
Roll-Off Containers billed on a per pull plus disposal fee 10 Cubic Yd Container per pull $429
20 Cubic Yd Container per pull $445
30 Cubic Yd Container per pull $457
40 Cubic Yd Container per pull $468
Container Rental per day after 7 days $17
Commercial and Multi-Family Rates (monthly):

Number of Pick Up(s) per week 1x 2x 3x 4x 5x 6x
(Note: includes 32-Gallon Recycling and 32-Gallon Organics) Trash:
64- Gallon Cart $ 46.62 $ 67.28 $ 87.95 $ 108.61 $ 129.27 $ 149.94 96- Gallon Cart $ 93.11 $ 134.44 $ 175.77 $ 217.10 $ 258.42 1 Cubic Yard Bin $ 449.57
2 Cubic Yard Bin $ 148.00 $ 256.38 $ 383.97 $ 547.72 $ 671.70 $ 795.69 3 Cubic Yard Bin $ 1,002.33
4 Cubic Yard Bin $ 273.92 $ 424.31 $ 604.55 $ 791.67 $ 885.81 $ 1,061.45 6 Cubic Yard Bin $ 1,239.39
2 Cubic Yard Compactor $ 468.82 $ 809.75 $ 1,150.74 $ 1,491.69 $ 1,832.63 $ 2,173.60 3 Cubic Yard Compactor $ 610.88 $ 1,037.08 $ 1,463.28 $ 1,889.47 $ 2,315.67 $ 2,741.86 6 Cubic Yard Compactor $ 1,022.87 $ 1,638.48 $ 2,203.58 $ 2,610.85 $ 2,948.64 $ 3,393.78 Recycling:
64- Gallon Cart $ 19.90 $ 33.04 $ 46.19 $ 59.33 $ 72.48 $ 85.62 96- Gallon Cart $ 20.67 $ 34.50 $ 48.34 $ 62.18 $ 76.02 $ 89.85 1 Cubic Yard Bin $ 59.10 $ 105.23 $ 151.35 $ 197.48 $ 243.60 $ 289.73 2 Cubic Yard Bin $ 89.85 $ 159.04 $ 228.23 $ 297.42 $ 366.60 $ 420.42 3 Cubic Yard Bin $ 105.23 $ 197.48 $ 266.67 $ 335.85 $ 412.73 $ 497.29 per haul
per haul
per haul
per haul
per day
Per Occurrence
Per Occurrence
Per Occurrence
per bin per service
Per Occurrence
Per Occurrence
Per Occurrence
Per lock, per month
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
Each
Per Hour
15 of 16

4.897%
MISCELLANEOUS FEES: Adopted as of 7/1/23
EXHIBIT "A"
Amended Sept. 11, 2023
Miscellaneous Fee Schedule
4 Cubic Yard Bin $ 128.29 $ 235.92 $ 343.54 $ 451.17 $ 566.48 $ 681.79 6 Cubic Yard Bin $ 166.73 $ 328.17 $ 466.54 $ 620.29 $ 774.04 $ 927.79 2 Cubic Yard Compactor $ 232.54 $ 422.82 $ 613.09 $ 803.36 $ 993.61 $ 1,141.61 3 Cubic Yard Compactor $ 274.84 $ 528.52 $ 718.80 $ 909.04 $ 1,120.46 $ 1,353.00 6 Cubic Yard Compactor $ 443.96 $ 887.92 $ 1,268.41 $ 1,691.25 $ 2,114.06 $ 2,536.88 Organics: (Also includes :Green Waste & Food Waste, Green Waste only, & Food Waste only) 64-Gallon Cart $ 29.28 $ 53.26 $ 75.91 $ 98.57 $ 121.22 $ 143.87 96-Gallon Cart $ 34.61 $ 55.93 $ 78.58 $ 101.23 $ 123.88 $ 146.54 1 Cubic Yard Bin $ 104.91 $ 171.85 $ 251.80 $ 331.75 $ 411.70 $ 491.65 2 Cubic Yard Bin $ 158.53 $ 301.11 $ 443.68 $ 586.26 $ 728.84 $ 871.42 3 Cubic Yard Bin $ 218.49 $ 418.37 $ 618.24 $ 818.12 $ 1,017.99 $ 1,217.87 4 Cubic Yard Bin $ 285.12 $ 524.97 $ 764.82 $ 1,004.67 $ 1,244.52 $ 1,484.37 6 Cubic Yard Bin $ 405.04 $ 771.48 $ 1,137.92 $ 1,504.35 $ 1,870.79 $ 2,237.23 Push Rate Fee's (monthly):
1 2 3 4 5 6
15 Feet $ 35.00 $ 70.00 $ 100.00 $ 125.00 $ 150.00 $ 175.00 25 Feet $ 45.00 $ 85.00 $ 125.00 $ 165.00 $ 205.00 $ 245.00 50 Feet $ 150.00 $ 240.00 $ 330.00 $ 420.00 $ 510.00 $ 600.00 75 Feet $ 180.00 $ 280.00 $ 380.00 $ 480.00 $ 580.00 $ 680.00 100 Feet $ 250.00 $ 375.00 $ 500.00 $ 625.00 $ 750.00 $ 1,000.00 16 of 16

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

September 11, 2023
TO: Mayor and City Council
FROM: Anna Nicholas, Finance Director

PREPARED
BY:

Anna Nicholas, Finance Director
SUBJECT: Resolution amending the Water Discontinuation Policy complying with the Water Shutoff Protection Act Senate Bill 998 (Finance Director Nicholas)

RECOMMENDED COUNCIL ACTION
Motion to Adopt Resolution No. 3426-23 amending Water Discontinuation Policy section

4. "Payment Arrangments," complying with the Water Shutoff Protection Act Senate Bill 998 ; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

The Water Shutoff Protection Act (the "Act") was established when Senate Bill 998 was enacted in 2018. The Act went into effect February 1, 2020 and increased protection for residents and tenants associated with the discontinuation of water service due to nonpayment.

The Act required certain actions by all urban and community water systems with 200+ service connections before the discontinuation of water service for non-payment can occur. One of the main requirements of the Act was the adoption of a written policy on discontinuation of water service for non-payment. The Act also prohibits the discontinuation of water service for nonpayment until an account is a minimum of 60 days delinquent.

The City of Atwater City Council adopted a Water Discontinuation Policy on January 27, 2020, through Resolution No. 3132-20. The policy was required to contain many elements, including offering "payment arrangements" for customers who are unable to pay for water service within the normal payment period. Under the current adopted policy, customers are allowed to enter into a payment arrangement plan that requires 50% of the customer's past due balance to be due at the time of signing and the remaining 50% of the balance will be amortized over a period not to exceed 6 months.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

After the policy was adopted in January 2020, the COVID-19 pandemic occurred and the Governor of California placed a moratorium on the shutoff of utility services for nonpayment from March 4, 2020 until December 31, 2021. The City has now implemented the Water Discontinuation Policy and customers are requesting to enter into payment arrangements and some accounts have accumulated high balances over the past couple of years, regardless of the Water & Sewer Arrearage Program payments that were provided by the California Water Board to assist customers with delinquent balances that were accrued between March 4, 2020 and June 15, 2021.

Staff is recommending an amendment to section 4. Payment Arrangements, of the Water Discontinuation Policy which will allow customers with large past due utility balances flexibility in regard to the initial amount of the first installment and a longer term (12 months) over which the remaining past due balance must be paid.

II. FISCAL IMPACTS:

There is no additional fiscal impact by this action. The fiscal impact will be that it will take longer for delinquent utility accounts to become current.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

The current adopted Policy states that payment arrangements will include installment payments with the first installment payment to be at least 50% of the past due balance, with the remaining 50% balance amortized or a period not to exceed 6 months.

V. ALTERNATIVES:

City Council could choose not to adopt Resolution 3426-23 amending section 4, Payment Arrangements, of the Water Discontinuation Policy.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

Agenda Report - Page 3

IX. STEPS FOLLOWING APPROVAL:

Upon approval of Resolution No. 3426-23, the updated Water Discontinuation Policy will be posted on the City's website and be available to the public.

Submitted by: /s/ Anna Nicholas, Finance Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution 3426-23 amending water discontinuation policy

2. 3132-20 Approves Water Discontinuation Policy to Comply with Water Shutoff Protection Act SB 998

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3426-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING THE WATER

DISCONTINUATION POLICY COMPLYING WITH

THE WATER SHUTOFF PROTECTION ACT
SENATE BILL 998
WHEREAS, the Water Shutoff Protection Act was established when Senate Bill 998 was enacted in 2018, increasing protections to residents associated with the discontinuation of water service due to non-payment; and
WHEREAS, the City of Atwater adopted Resolution 3132-20 establishing a Water Discontinuation Policy on January 27, 2020, that complied with the Water Shutoff Protection Act Senate Bill 998; and
WHEREAS, the Policy was required to allow for payment arrangements for customers who are unable to pay for water service within the normal payment period; and WHEREAS, staff is recommending an amendment to the payment arrangement language that will allow flexibility in regard to the initial amount of the first installment and the term over which the remaining past due balance must be paid.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby amend paragraph number one (1) and three (3) of Section 4. Payment Arrangements of the Water Discontinuation Policy, adopted by Resolution No. 3132-20 to read as follows:

Section 4. Payment Arrangements:

The City Finance Department Customer Service staff will consider requests for payment arrangement from customers who are unable to pay for water service, within the normal payment period and prior to water disconnection. The arrangements may include installment payments with the first installment payment of at least 50% of the past due balance. The arrangement will be no longer than six (6) months twelve (12) months, unless another reasonable timeframe has been established and approved by the Finance Director, or his or her designee.

Resolution No. 3426-23 Page 2
Paragraph three (3): The City Finance Department shall not discontinue water service for non-payment if a customer has requested and entered into payment arrangement or alternative payment arrangement. Payment arrangements that extend into the next billing period are considered an amortization plan, which must be in writing and signed by the customer. A first installment of 50% of the customer’s past due balance will maybe due at the time of signing. An amortization plan will amortize the remaining unpaid balance over a period not to exceed six (6) twelve (12) months, unless another reasonable timeframe has been established and approved by the Finance Director or his or her designee. from the original date of the bill. The amortized payments will be in additional to, and subject to the due date of the customer’s regular bill. The customer must comply with the terms of the amortization plan and remain current as charges accrue in each subsequent billing period. The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan.

The foregoing resolution is hereby adopted this 11th day of September 2023.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3132-20

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING A WATER

DISCONTINUATION POLICY TO COMPLY WITH

THE WATER SHUTOFF PROTECTION ACT
SENA TE BILL 998
WHEREAS, the Water Shutoff Protection Act was established when Senate Bill 998 was enacted in 2018; and
WHEREAS, the Water Shutoff Protection Act increases protections to residents associated with discontinuation of water service due to non-payment; and WHEREAS, the Water Shutoff Protection Act requires certain actions by all urban and community water systems with 200+ service connections before the discontinuation of water service for non-payment can occur; and
WHEREAS, the Water Shutoff Protection Act includes, but is not limited to, the following requirements for urban and community water systems:
a. Adopt a written policy on discontinuation of water service for non-payment. b. Post the water shutoff policy on the City's website or supply upon request. c. Refrain from shutting off water service for non-payment for at least 60 days and provide multiple notices (mail and in person) to landlord and tenant(s) prior to discontinuation of water services.
d. Refrain from shutting off water service in certain specified conditions, such as financial hardship or serious health condition.
e. Develop and implement plan for deferred payments or alternative payment schedules.
f. Develop and implement a formal mechanism for a customer to contest or appeal a bill.
g. Provide telephone number for a customer to contact to discuss options to avoid water shutoff for non-payment.
h. Provide water shutoff policy and related notices in English, Spanish, Tagalog, Vietnamese or Korean and all languages spoken by 10% or more of customers residing in the water system's service area.

Resolution No. 3132-20 Page 2
i. Maintain required data as required by the State Water Resources Control Board for annual water report on discontinuation of water service for non-payment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve the Water Discontinuation Policy, Exhibit "A" attached hereto and incorporated herein, that complies with the Water Shutoff Protection Act SB 998 to become effective February 1, 2020.

The foregoing resolution is hereby adopted this 27
th day of January 2020.

AYES:

NOES:

ABSENT:

Vierra, Cale, Raymond, Ambriz, Creighton
None
None
APPROVED:

ATTEST:

EXHIBIT A

CITY OF ATWATER, CA

WATER DISCONTINUATION POLICY
This policy enumerates the City of Atwater's administrative actions for the collection of delinquent accounts, including notifications, charges, and discontinuation of water service. This policy will be made available to the public on the City's website. The City Finance Department can be contacted by phone at (209) 357-6310 to discuss options for preventing termination of water service for nonpayment under the terms of this policy.

As an urban or community water system that supplies water to more than 200 service connections, the City is governed by Senate Bill No. 998, Water Shutoff Protection Act.

Delinquent Account
Customer water accounts are deemed delinquent if not paid by the fifth (5 th
) day of the
month following the service period (billing month). The following rules apply to the collection of delinquent accounts:

1. Small Balance Accounts:

Any balance on an account of $20 or less may be carried over, and added to, the next billing period without being assessed a late fee or incurring further collection action.

2. Delinquent Notice:

If payment on an account is not received by close of business on the fifth (5 th
) day of the
month following the billing month, a $2 late fee will be assessed. The due date and late fee will be displayed on the bill. Upon a bill becoming delinquent, the Finance Department shall give the person or entity responsible for payment of the bill (hereinafter referred to as "customer") a notice of delinquency stating that water service will be discontinued 60 days after the original bill became delinquent. The delinquent notice will be mailed to the mailing address designated on the customer account. The City assumes no responsibility for contact information that has not been kept up-to-date by the customer.

3. Waiver of Late Fee:

At the request of the customer, the City Finance Department will waive the late fee if there are qualifying circumstances and if the late fee has not been previously waived.

4. Payment Arrangements:

The City Finance Department Customer Service staff will consider requests for payment arrangement from customers, who are unable to pay for water service, within the normal payment period and prior to water disconnection. The arrangements may include installment payments with the first installment payment of at least 50% of the past due balance. The arrangement will be no longer than six (6) months.

Resolution No. 3132-20, January 27,2020

The City will consider all circumstances surrounding the request for payment arrangement and make a determination as to whether a payment arrangement is warranted to accommodate customers experiencing financial hardship as defined in SB 998, Section 116910. Proof of financial hardship may be required. See Appendix A.

The City Finance Department shall not discontinue water service for non-payment if a customer has requested and entered into payment arrangement or alternative payment arrangement. Payment arrangements that extend into the next billing period are considered an amortization plan, which must be in writing and signed by the customer. A first installment of 50% of the customer's past due balance will be due at the time of signing. An amortization plan will amortize the remaining unpaid balance over a period not to exceed six (6) months from the original date of the bill. The amortized payments will be in addition to, and subject to the due date of, the customer's regular bill. The customer must comply with the terms of the amortization plan and remain current as charges accrue in each subsequent billing period. The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan.

5. Disconnection Notice:

The City Finance Department shall not discontinue water service for nonpayment until payment by the customer has been delinquent for at least 60 days. The Finance Department shall give the customer a notice of disconnection no less than seven (7) business days before termination of service for nonpayment. The written disconnection notice will be mailed to the billing address designated on the account. If the billing address and the address of the property to which water service is provided are different, a notice will be mailed to both the billing address and service address.

The disconnection notice will include:
❖ Customer's name and address
❖ Amount of delinquency
❖ Date by which payment or payment arrangement is required to avoid disconnection of water service
❖ Description of the process to apply for an alternative payment plan ❖ Description of the process to dispute or appeal a bill ❖ City Finance Department phone number and a website link to the Water Discontinuation Policy
a) Notice to Non-Customer Residential Tenants/Occupants in a Single-Family Residence
The City Finance Department will make a reasonable, good faith effort to inform the occupants that are not City customers, by means of written notice, when the water service account is in arrears and subject to disconnection at least 10 days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become customers of the City of Atwater without being required to pay the amount due on the delinquent account, if they are willing to Resolution No. 3132-20, January 27,2020

assume financial responsibility for subsequent charges for water service at that address. For the amount due on the delinquent account to be waived, the tenanUoccupant must provide verification of tenancy in the form of a rental agreement.
b) Notice to Tenants/Occupants in a Multi-Unit Complex
The City Finance Department will make a reasonable, good faith effort to inform the occupants, by means of written notice to each residence, when the water service account is in arrears and subject to disconnection at least 10 days before water service is shut off. The written notice will advise the tenanUoccupant that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, if they are willing to assume financial responsibility for subsequent charges for water service at the address(es) served by the master meter. If one or more of the occupants are willing and able to assume responsibility for the subsequent charges for water service to the satisfaction of the City Finance Department, or if there is a physical means, legally available to the City Finance Department, of selectively terminating service to those occupants who have not met the requirements for service, the City Finance Department will make service available to the occupants who have met those requirements.

If the written disconnection notice is returned through the mail as undeliverable, the City Public Works Department will make a reasonable, good faith effort to visit the residence and leave a notice of discontinuance for nonpayment.

6. Disconnection Deadline:

Payment of all delinquent water service charges and associated fees must be received by the City Finance Department by 4:00 p.m. on the day specified in the written disconnection notice.

7. Disconnection of Water Service for Non-Payment:

If payment is not received by the disconnection deadline, the City Public Works Department will disconnect water service. The customer will be charged a service fee of $20. The service fee shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021 (as stated in SB 998).

8. Reconnection of Service:

In order to resume or continue service that has been disconnected for nonpayment, the customer must pay the past due amount, delinquent fees and service fees. The City Public Works Department will restore service before the end of the next regular working day following payment.

City Public Works Department staff responding to service calls are not permitted to collect payment but will instruct the customer to contact the City Finance Department.

Water service that is turned on by any person other than City Public Works Department personnel or without City Public Works Department authorization may be subject to fines Resolution No. 3132-20, January 27,2020

or additional charges or fees. Any damages that occur as a result of unauthorized restoration of service are the responsibility of the customer.

9. Reconnection of Service After Business Hours:

Service restored after the City Public Works Department regularly scheduled work hours Monday through Friday, weekends, or holidays will be charged an after-hours reconnection fee not to exceed $150 as established by SB 998. Service will be restored after regular business hours if the customer has been informed of the after-hours reconnection fee and has paid the fee. The after-hours reconnection fee is in addition to the service fee and the delinquent fee for a past due account. The after-hours reconnection fee shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021 (as stated in SB 998).

10. Notification of Disposition of Returned Check:

Upon receipt of a returned check taken as payment of water service or other charges, the City Finance Department will consider the account not paid. The City Finance Department will make a good faith effort to provide a five (5) day courtesy notice of disconnection of service due to a returned check.

Water service will be disconnected if the amount of the returned check and the returned check charge are not paid on or before the date specified in the notice of disconnection.

All amounts paid to redeem a returned check and to pay the returned check charge must be in cash, credit card or certified funds.

Payment by check will not be allowed by a customer if a non-negotiable check has been presented twice in 12 months.

11. Returned Checks for Previously Disconnected Service:

In the event a customer tenders a non-negotiable check as payment to restore water service previously disconnected for non-payment and the City Public Works Department restores service, the City Public Works Department may promptly disconnect service without providing further notice. There will be no notice of termination given in the case of a non-negotiable check tendered for payment of water charges that were subject to disconnection.

Any customer issuing a non-negotiable check as payment to restore service turned off for non-payment will be required to pay cash, credit card or certified funds to restore service.

12. Disputed Bills:

Customers may call the City Finance Department at (209) 357-6310 and ask for an explanation of a billing, the City Finance Department will endeavor to answer questions within 10 working days of receipt. If it is impossible to obtain an answer within that time period, the customer will be notified of the delay.

Resolution No. 3132-20, January 27,2020

If after this review, the customer still believes the bill is wrong, the customer may request a review of the bill by the City Finance Director. The Finance Director will issue a written decision within 10 working days of the request or notify customer of delay.

The customer may appeal the Finance Director's decision in writing to the City Manager, or designee, within 10 days of service or mailing of such decision. Such appeal shall be addressed to the City Manager at City of Atwater, 750 Bellevue Road, Atwater, California, 95301.

The City Manager or designee shall consider all evidence provided and shall provide written notice of his or her findings and decision within 30 working days.

The decision of the City Manager or designee shall be final.

Resolution No. 3132-20, January 27,2020

Appendix A
SB 998, Section 116910. Proof of financial hardship may be required for_alternative payment schedule.

To qualify for an alternative payment schedule, the following conditions must be met:
❖ Customer submits a primary care provider certification, as defined in Welfare and Institutions Code section 14088(A)(1)(b), that discontinuation of service would be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where the service is provided.
❖ Customer demonstrates that he or she is financially unable to pay for service within the City's normal billing cycle. A customer may be deemed financially unable to pay if:

1. Any member of the customer's household is a current recipient of CalWORKS, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants and Children; or

2. The customer declares that the household's annual income is less than 200% of the federal poverty level.
❖ Customer agrees to enter into the alternative payment schedule offered by the City, governed by the policies described herein.

Resolution No. 3132-20, January 27,2020

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

September 11, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager

PREPARED
BY:

Anna Nicholas, Finance Director
SUBJECT: Approving Budget Amendment regarding American Rescue Plan Act Fund and Premium Pay (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3427-23 approving Budget Amendment No. 5 amending Fiscal Year 2023-24 Budget regarding American Rescue Plan Act I. BACKGROUND/ANALYSIS:

The American Rescue Plan Act (ARPA) was signed into law in March 2021. The $1.9 trillion package was intended to combat the COVID-19 pandemic, including public health and economic impacts. The City of Atwater was awarded $7,071,141 of Coronavirus State and Local Fiscal Recovery Funds (SLFRF), which was received in two tranche payments. The U.S. Department of Treasury issued the Final Rule on the use of SLFRF and the City of Atwater, City Council, designated the full allocation as "Lost Revenue", which is the most efficient, effective, and strategic allocation as the funds can be utilized for any general governmental service.

One of the many eligible expenditure categories for SLFRF is premium pay for essential workers. In December 2021, all City employees were issued a one-time payment of $1,250 under Essential Worker Premium Pay, as permitted under ARPA guidelines. In June 2022, a one-time signing bonus of $2,000 was issued to employees to encourage finalizing negotiations with the bargaining units prior to July 1, 2022. To date, the City has paid a total of $286,572 in premium pay for essential workers. The City recently offered an additional one-time essential worker recognition payment in the amount of $2,000 per employee employed by the City between the dates of March 19, 2020 through January 25, 2021 and still currently employed. All bargaining units have informed the City they accept the one-time $2,000 payment as offered.

II. FISCAL IMPACTS:

There is no additional fiscal impact to the ARPA Fund from this action. Upon adoption of Resolution No. 3427-23 approving Budget Amendment No. 5, the approved budget appropriation will be moved from account number 1010-1080-X005, Alley between 3rd

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

& 4th, and account number 1010.1080.W002, Palm & Bellevue Street & Sidewalk Improvements, to account number 1010-1050-1009, Premium Pay to Essential Workers.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon approval, staff will begin the process of issuing payment to eligible employees.

Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution 3427-23 Budget Ammendment No.5

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3427-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 5 AMENDING 2023-2024

FISCAL YEAR BUDGET REGARDING
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3397-23 adopting the 2023-2024 Fiscal Year Budget on June 12, 2023; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. 5 to the 2023-2024 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in ARPA Premium Pay to Essential Workers Fund for Fiscal Year 2023-2024
Increase Budget
(Expense)
1010-1050-1009 Premium Pay to
Essential Workers
$122,721
Decrease Budget
Expense
1010-1080-BBBB Alley between 3rd & 4th ($114,000)
Decrease Budget
Expense
1010-1080-W002 Alley between 3rd & 4th ($8,721)
BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 11th day of September 2023.

AYES:

NOES:

ABSENT:

Resolution No. 3427-23 Page 2
APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

September 11, 2023
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief

PREPARED
BY:

Robert Ayuso, Battalion Chief
SUBJECT: Approving Acceptance of Assistance to Firefighters Grant (AFG) and Approving Budget Amendment Appropriating Funds (CAL FIRE Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Motion to Accept the Fiscal Year 2022 Assistance to Firefighters Grant submittal in the amount of $252,685 requiring a 10% local match of $25,269; and Motion to adopt Resolution No. 3428-23 approving Budget Amendment No. 6 amending the Fiscal Year 2023-24 Budget regarding appropriating funds in the amount of $25,269 the 10% local match of $252,685 for the Department of Homeland Security, Federal Emergency Management Agency (FEMA) Fiscal Year 2022 Assistance to Firefighters Grant (AFG), as identified in the grant application; and Motion to authorize and direct the City Manager, or her designee, to execute all documents, including any amendments on behalf of the City.

I. BACKGROUND/ANALYSIS:

On 11/14/2022 Council approved the Memorandum of Understanding (MOU) with the City of Merced for joint Self Contained Breathing Apparatus (SCBAs) Purchase through the Assistance to Firefighters Grant. The purpose of the AFG request was to apply for SCBAs, Rapid Intervention Team (RIT) packs and SCBA equipment as a regional application with the City of Merced Fire Department.

On 8/25/2023 the "Lead Agency", Merced Fire Department, was notified that it was awarded $842,858.59 in federal funding with a required 10% local match of $84,285.87.

Funding was provided for SCBA, Air Cart, and SCBA equipment. No initial funding was provided for RIT packs however, through grant cost savings the goal of RIT packs may still be achieved.

Keeping Atwater Fire Department and the Merced County region's firefighters properly equipped is critical to protecting our communities. Receipt of this grant award allows us

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

to enhance our safety and communication to provide the essential service to the community at a fraction of the real cost. In other words, it is our intent to increase our level of service to increase positive outcomes for all Merced County residents.

The Merced County Fire service has elected to operate using a uniform SCBA platform for continuity of service and providing a redundancy in safety amongst all agencies. For the first time ever, all Fire Departments will be operating with a regional objective. The redundancy for safety allows for rapid intervention to be seamless.

II. FISCAL IMPACTS:

Upon adoption of Resolution No. 3428-23, approving Budget Amendment No. 6, the approved budget amendment will increase the expense account 0004-2030-6021,Public Safety Transactions and Use Tax Fund, Machinery & Equipment, for Fiscal Year 2023- 24, in the amount of $25,269.

The City of Merced, as the “Lead Agency” will bear all costs and be reimbursed by the City of Atwater. The grant requires a 10% local match and therefore, FEMA will reimburse $842,858.59 while the cities contributions are $84,285.87.

As a regional grant, the City of Atwater will reimburse the City of Merced for the City of Atwater’s responsibility. The percentage share for the City of Merced is 70.02% and the City of Atwater is 29.98%. The City of Atwater financial responsibility is not to exceed $25,268.42 and the City of Merced financial responsibility is not to exceed $59,017.45 for a match total of $84,285.87. The MOU between the City of Merced and the City of Atwater outlines the financial responsibilities. (Attached) After acceptance of the grant award the regional grant purchasing committee will negotiate pricing with vendors and if cost savings are accomplished, additional FEMA High Priority items may be acquired through AFG approval. The quantities within Page 2 of the MOU will be completed once the purchasing process is completed.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

Agenda Report - Page 3

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

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

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

Attachments:

1. EMW-2022-FG-02636 - Award Package Letter

2. CITY OF ATWATER CITY OF MERCED AFG MOU

3. Budget Amendment Resolution 3428-23 Budget Ammendment No.6 (3)

Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 08/17/2023
Derek Parker

CITY OF MERCED
678 WEST 18TH STREET
MERCED, CA 95340
EMW-2022-FG-02636
Dear Derek Parker,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2022 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been approved in the amount of $842,858.59 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $84,285.87 for a total approved budget of $927,144.46. Please see the FY 2022 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2022 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs

Summary Award Memo
Program: Fiscal Year 2022 Assistance to Firefighters Grant Recipient: CITY OF MERCED
UEI-EFT: L6YVDNJHHSQ7
DUNS number: 169211554
Award number: EMW-2022-FG-02636
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2022 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2022 AFG NOFO.

Approved request details:

Personal Protective Equipment (PPE)
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $839,476.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $87,668.46
Indirect charges $0.00
Federal $842,858.59
Non-federal $84,285.87
Total $927,144.46
Program Income $0.00

Additional funding

DESCRIPTION
Spare battery. One (1) each for front-line apparatus

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 8 $485.00 $3,880.00 Equipment
Additional funding

DESCRIPTION
Merced City Tax at 8.25%

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 1 $87,668.46 $87,668.46 Other
SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2 cylinders

DESCRIPTION
SCBA ensemble, pack battery, 2 cylinders, radio pairing device, SCBA mask

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 84 $9,270.00 $778,680.00 Equipment

CHANGE FROM APPLICATION
Unit price from $12,026.00 to $9,270.00

JUSTIFICATION
This reduction is because the cost requested for SCBA exceeds the average price range calculated from market research and prior awards for the same item.

Air-Line Units

DESCRIPTION
1997 Confined space air cart and hoses

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 1 $12,628.00 $12,628.00 Equipment
Additional funding

DESCRIPTION
Compressed Gas Association (CGA) adapters for quick connections. SCBA ensemble and RIT packs for 172.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 172 $150.00 $25,800.00 Equipment

CHANGE FROM APPLICATION

JUSTIFICATION
Additional funding

DESCRIPTION
Battery chargers

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 8 $940.00 $7,520.00 Equipment

Equipment
SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2 cylinders

DESCRIPTION
Confined space SCBA units

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 4 $2,742.00 $10,968.00 Equipment
RIT Pack/Cylinder

DESCRIPTION
Two for each department

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 4 to 0
Unit price from $6,300.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received during the pre-score process relative to other projects.

Air Compressor/Cascade/Fill Station (Fixed or Mobile) for filling SCBA

DESCRIPTION
Mobile Compressor

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 2 to 0
Unit price from $125,000.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received during the pre-score process relative to other projects.

FIT Tester

DESCRIPTION
Atwater Fit Test machine

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 1 to 0
Unit price from $14,000.00 to $0.00

JUSTIFICATION
his reduction is due to the score your project received during the pre-score process relative to other projects.

Additional funding

DESCRIPTION
Shipping. Only quoted for compressors.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Other

CHANGE FROM APPLICATION
Quantity from 1 to 0
Unit price from $28,000.00 to $0.00

JUSTIFICATION
his reduction is due to the score your project received during the pre-score process relative to other projects.

Air Compressor/Cascade/Fill Station (Fixed or Mobile) for filling SCBA

DESCRIPTION
Fixed

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 2 to 0
Unit price from $100,000.00 to $0.00

JUSTIFICATION
his reduction is due to the score your project received during the pre-score process relative to other projects.

FIT Tester

DESCRIPTION
Flow testing device

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 2 to 0
Unit price from $1,900.00 to $0.00

JUSTIFICATION
his reduction is due to the score your project received during the pre-score process relative to other projects.

Additional funding

DESCRIPTION
Merced City Tax at 8.25%

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Other

CHANGE FROM APPLICATION
Quantity from 1 to 0
Unit price from $40,672.50 to $0.00

JUSTIFICATION
his reduction is due to the score your project received during the pre-score process relative to other projects.

Agreement Articles
Program: Fiscal Year 2022 Assistance to Firefighters Grant Recipient: CITY OF MERCED
UEI-EFT: L6YVDNJHHSQ7
DUNS number: 169211554
Award number: EMW-2022-FG-02636
Table of contents

Article
1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplication of Benefits
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act

Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Trafficking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identifier and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modification of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – NonConstruction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II.

DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III.

By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.

Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I.

Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made.

Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhscivil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-helpdepartment- supported-organizations-provide-meaningful-access-peoplelimited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans

Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.

Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Article 33 Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.

Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.

Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the

application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing.

The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the “Build America, Buy America” provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process.

Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.

Article 38 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A, the full text of which is incorporated here by reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.

Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/ GMD Call Center at (866) 927-5646 or via e-mail to: ASK[email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

Obligating document

1. Agreement
No.

EMW-2022-FG02636

2. Amendment
No.

N/A

3. Recipient
No.
946000371

4. Type of
Action
AWARD

5. Control No.

WX01191N2023T

6. Recipient Name and
Address

CITY OF MERCED
678 W 18TH ST
MERCED, CA 95340

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Officer
Derek Parker
9a. Phone
No.
2096002814

10. Name of FEMA Project
Coordinator
Assistance to Firefighters
Grant Program
10a. Phone
No.
1-866-274-
0960

11. Effective Date of
This Action
08/17/2023

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
08/24/2023 to
08/23/2025
Budget Period
08/24/2023 to
08/23/2025

15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action
+ or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
AFG 97.044
2023-F2-
GB01 -
P410-xxxx4101-D
$0.00 $842,858.59 $842,858.59 $84,285.87
Totals $0.00 $842,858.59 $842,858.59 $84,285.87
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
08/17/2023

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3428-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 6 AMENDING 2023-2024

FISCAL YEAR BUDGET REGARDING
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3397-23 adopting the 2023-2024 Fiscal Year Budget on June 12, 2023; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. 6 to the 2023-2024 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in Fire Machinery & Equipment Fund for Fiscal Year 2023-2024
Increase Budget
(Expense)
0004-2030-6021 Machinery &
Equipment
$25,269.00
BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 11th day of September 2023.

AYES:

NOES:

ABSENT:

Resolution No. 3428-23 Page 2
APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK