In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
November 13, 2023
CALL TO ORDER: 5:00PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
CLOSED SESSION
Adjourn to Conference Room A
• Conference with Legal Counsel - Existing Litigation - (Paragraph (1) of subdivision (d) of Section 54956.9): Name of case: In re: Aqueous FilmForming Foams Products Liability Litigation, Case No. 2:18-mn-2873-RMG • Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations regarding property price and terms of payment.
Agency Negotiators: Deputy City Manager/Community Development
City Council Agenda for Meeting of November 13, 2023 Page 2 Director Thompson and City Manager Waterman. Negotiating Parties: Dr.
Carlos Say, Mister Car Wash, City of Atwater
Property Locations: APN 156-060-010
APN 156-060-011
APN 003-101-001
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION
Invocation by Retired Master Sergeant John Davis
PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL:
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
CEREMONIAL MATTERS:
• Oath of Office - Police Officer
Staff's Recommendation: That City Clerk Billings administer the oath of office to the newly appointed Police Officer Kelsey Brown. • Oath of Office - Police Sergeant
Staff's Recommendation: That City Clerk Billings administer the oath of office to the newly appointed Police Sergeant Tyler Davis.
City Council Agenda for Meeting of November 13, 2023 Page 3
CONSENT CALENDAR
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS
1. November 13, 2023
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (Audit and Finance Committee)
2. September 25, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (General Plan Technical Advisory Committee)
3. October 4, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (City Council)
4. October 23, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
AGREEMENTS:
5. Approving Amendment No. 1 to the Professional Services Agreement with De Novo Planning Group (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation: Approves Ammendment No. 1 to the Professional Services Agreement in a form approved by the City Attorney, with De Novo Planning Group, of El Dorado Hills, California for the preparation of the environmental documentation for the Bellevue Road Rehabilitation and Realignment Project for an amount not to exceed $202,881.50; and authorizes the City Manager, or her designee, to execute the agreement on behalf of the City; or motion to approve staff's recommendation as presented.
6. Approving a Purchase Agreement (Purchase Order) to Flock Safety for the Purchase of a Fixed Location Automated License Plate Recognition (ALPR) System (Police Chief Salvador)
Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order) with Flock Safety for a fixed location automated license plate recognition (ALPR) system, in an amount not to exceed
City Council Agenda for Meeting of November 13, 2023 Page 4 $50,000; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City.
7. Approving an Equipment/Software Lease-Purchase Agreement with Axon Taser for the Lease-Purchase of an In Vehicle Camera System (Police Chief Salvador)
Staff's Recommendation: Approves an Equipment/Software LeasePurchase Agreement with Axon Taser for the lease-purchase of an In Vehicle Camera System not to exceed $55,000.00; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.
8. Approving On-Call Professional Services Agreements with various consultants for On-Call Professional Services for Civil Engineering, Traffic Engineering, Geotechnical, and Construction Inspection/Testing (Deputy City Manager/Community Development Director Thompson) Staff's Recommendation: Approval of Professional Services On-Call Master Agreements, in a form approved by the City Attorney, with AECOM of Fresno, CA, O'Dell Engineering of Merced, CA, VVH Consulting Engineers of Modesto, CA, Blackwater Consulting Engineers of Modesto, CA, Precision Civil Engineering, Inc. of Fresno, CA, Benchmark Engineering of Modesto, CA, R.E.Y Engineers, Inc of Folsom, CA, QK Inc. of Merced, CA, and SNG & Associates, Inc of Pleasonton, CA, Provost & Pritchard of Clovis,CA, Interwest of Fremont, CA, GHD of Fresno, CA, Terracon Consultants Inc of Lodi, CA, CCME Inc. of Fresno, CA, Crawford and Associates Inc. of Sacramento, CA, Kleinfelder of Fresno, CA, RMA GeoScience of Fresno, CA, ACE Quality Control of Roseville, CA, Krazan & Associates, Inc. of Clovis, CA, BSK Associates of Fresno, CA, TJKM of Pleasanton, CA, JLB Traffic Engineering Inc. of Fresno, CA, Advanced Mobility Group of Walnut Creek, CA, and Minagar & Associates, Inc. of Laguna Hills, CA for various services, in an amount not to exceed $200,000 per Task Order; and authorizes and directs the City Manager, or her designee, to execute the Agreements on behalf of the City.
RESOLUTIONS
9. Authorizing the Initiation of the Purchasing Process for Ballistic Helmets and an Unmanned Aerial Vehicle to benefit the Police Department (Police Chief Salvador)
Staff's Recommendation: Adoption of Resolution 3433-23
Authorizing the Initiation of the Purchasing Process for Ballistic Helmets and an Unmanned Aerial Vehicle to benefit the Police Department.
City Council Agenda for Meeting of November 13, 2023 Page 5 ***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:
10. One Voice Regional Project and Priority Recommendation Staff's Recommendation: Identify one or more regional priority Project(s) for the 2024 One Voice Program.
11. Approving Budget Amendment regarding the Water Fund Capital Replacement for the Purchase of Water Meters and Transmitters (Public Works Director Vinson)
Staff's Recommendation: Motion to Adopt Resolution No. 3439-23 Approving Budget Amendment No. 8 Amending the 2023-24 Fiscal Year budget regarding the Water Fund Capital Replacement; and Motion to waive the Formal Procurement Process and award a sole source purchase to Aqua Metric of Sacramento, California for water meters and transmitters, in an amount not to exceed $1,568,891.73; and authorizes and directs the City Manager, or her designee, to execute the Purchase Order on behalf of the City; or
Motion to approve staff's recommendation as presented.
COMMENTS FROM THE PUBLIC
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
CITY COUNCIL REPORTS/UPDATES
City Council comments
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
CLOSED SESSION
Continuation of Closed Session if necessary
ADJOURNMENT
City Council Agenda for Meeting of November 13, 2023 Page 6 CERTIFICATION:
I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS
CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
~ November 2023 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Veterans Day
City Holiday
GPTAC - 6:00 PM
Ends
Daylight Saving Time Observed
Planning Commission
6:00 PM Meeting - 6:00 PM
City Council Meeting -
Audit & Finance
Thanksgiving
City Holiday City Holiday
Thanksgiving
1 day
Trash pick up delayed
4:30 PM
Committee Meeting -
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29
31 New Year's Day
1 day
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Committee Meeting -
Citizens' Oversight
5:30 PM
GPTAC - 6:00 PM
City Council Meeting -
6:00 PM
Christmas
Planning Commission City Holiday Christmas Eve
Meeting - 6:00 PM
1 day
Christmas Day
Trash pick up delayed
Trash pick up delayed
30 Audit & Finance
City Holiday
New Year's Eve
4:30 PM
Committee Meeting -
~ December 2023 ~
WARRANTS SUMMARY FOR NOVEMBER 13 2023
TOTAL OF WARRANTS (FROM WARRANT REPORT)
PREWRITTENS INCLUDED IN THIS WARRANT RUN
ADDITIONAL WARRANTS (THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)
DATE DESCRIPTION AMOUNT
11/7/2023 EPARS Employee 457 Plan (PNC Bank) 2,958.00
11/7/2023 AFSCME District Council 57 1,028.82
11/7/2023 APOA Union Dues 2,876.55
11/7/2023 State Disbursement - Child Support 219.22
11/7/2023 PERS Retirement EFT 10/12/23 - 10/25/23 62,858.51 11/7/2023 W LCC 324.61
TOTAL ADDITIONAL WARRANTS $ 70,265.71
GRAND TOTAL OF WARRANTS PAID
INFORMATIONAL ONLY (INCLUDED IN THE TOTAL WARRANTS TOTAL)
DATE DESCRIPTION AMOUNT
11/7/2023 Net Payroll $ 235,428.34 $ 316,482.50
11/7/2023 Federal Taxes $ 71,336.03
11/7/2023 State Taxes $ 9,718.13
Payroll Deductions
TOTAL INFORMATIONAL WARRANTS $ 316,482.50
$ 2,129,246.07
$ 8,058.00
$ 70,265.71
$ 2,207,569.78
Cl TREASURER
Accounts Payable
Checks for Approval
User:
Printed:
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11/9/2023 - 12:07 PM
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23 702 10/24/2023 General Fund Garnishments WLCC 468.30 Check Total: 468.30
23703 10/24/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 23 703 10/24/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 Check Total: 67.18
23704 10/24/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 326.32 23704 10/24/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 342.47 Check Total: 668.79
23705 10/24/2023 General Fund Garnishments WLCC 468.30
Check Total: 468.30
23706 10/26/2023 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,186.92 Check Total: 1,186.92
23707 10/26/2023 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 263.42 Check Total: 263.42
23708 10/26/2023 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 604.69 Check Total: 604.69
23709 10/26/2023 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 691.69 Check Total: 691.69
23 710 10/26/2023 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 29.71 Check Total: 29.71
23711 10/26/2023 Sewer Enterprise Fund Professional Services CVCWA 3,350.00 AP-Checks for Approval (11/9/2023 - 12:07 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23712 11/03/2023 General Fund Training DANIEL GARCIA
Check Total:
Check Total:
Report Total:
3,350.00
259.00
259.00
8,058.00
AP-Checks for Approval (11/9/2023 - 12:07 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
11/9/2023 - 12:09 PM
imsnurr21}' !"r :J' Cii ff ielr
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 11/13/2023 Successor Agency Debt Service Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 37,926.00 0 11/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 88,750.00 0 11/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 37,830.73 0 11/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 57,500.00 0 11/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 187,090.63 0 11/13/2023 Employee Benefits Fund Unemployment Insurance EMPLOYMENT DEVELOPMENT DEPT. 6,069.00 Check Total: 415,166.36
23713 11/13/2023 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 450.00 23713 11/13/2023 RDVLPMNT Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 400.00 Check Total: 850.00
23714 11/13/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 195.59 23714 11/13/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 Check Total: 260.79
23715 11/13/2023 Water Enterprise Fund Professional Services ABS DIRECT INC 38.82 23715 11/13/2023 Sewer Enterprise Fund Professional Services ABS DIRECT INC 38.82 23715 11/13/2023 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 38.83 23715 11/13/2023 Water Enterprise Fund Professional Services ABS DIRECT INC 211.13 23715 11/13/2023 Sewer Enterprise Fund Professional Services ABS DIRECT INC 211.13 23715 11/13/2023 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 211.14 23715 11/13/2023 Water Enterprise Fund Professional Services ABS DIRECT INC 930.69 23715 11/13/2023 Sewer Enterprise Fund Professional Services ABS DIRECT INC 930.69 23715 11/13/2023 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 930.69 23715 11/13/2023 Water Enterprise Fund Office Supplies ABS DIRECT INC 410.00 23715 11/13/2023 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 410.00 23715 11/13/2023 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 410.00 23715 11/13/2023 Water Enterprise Fund Office Supplies ABS DIRECT INC 1,340.00 23715 11/13/2023 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 1,340.00 23715 11/13/2023 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 1,340.00 Check Total: 8,791.94
•
AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 1
-
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23716 11/13/2023 Internal Service Fund Professional Services AERIAL INSPECTION SERVICES 800.00 Check Total: 800.00
23717 11/13/2023 General Fund Professional Services AG TOWING AND TRANSPORT 540.00 Check Total: 540.00
23718 11/13/2023 General Fund Special Departmental Expense AIRGAS USA, LLC 117.91 Check Total: 117.91
23719 11/13/2023 General Fund Office Supplies ALLIED WEST PRINTING 173.15 Check Total: 173.15
23720 11/13/2023 General Fund Deposits ALW ENTERPRISES INC 547.00 23720 11/13/2023 Water Enterprise Fund Water Service Charges ALW ENTERPRISES INC -61.44 Check Total: 485.56
23721 11/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 138.39 23721 11/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 43.49 23721 11/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 59.31 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 186.73 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 115.26 23721 11/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 49.86 23721 11/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.35 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 293.61 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 3,152.66 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 138.64 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 152.22 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 47.60 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 73.92 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 48.48 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 53.98 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.40 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 78.28 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 77.20 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 63.06 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 87.46 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.78 23721 11/13/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 34.40 23721 11/13/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 11.54 23721 11/13/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 255.50 23721 11/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 215.93 23721 11/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 29.55 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23721 11/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 144.60 23721 11/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 288.15 23721 11/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 11.95 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 87.54 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 66.12 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 204.62 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 87.54 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 87.54 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 87.54 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 204.62 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 102.31 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,060.20 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 87.54 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 22.73 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.84 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 716.66 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 106.56 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 88.08 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 716.66 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.73 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.01 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 49.95 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 18.48 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.91 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.23 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 94.33 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.23 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 15.21 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,599.29 23721 11/13/2023 General Fund Uniform & Clothing Expense AMAZON CAPITAL SERVICES 226.10 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 48.83 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.83 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 152.20 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 152.20 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 28.61 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 244.21 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 244.21 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.64 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 16.18 23721 11/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.78 23721 11/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 538.30 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.08 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.74 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 293.61 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 146.36 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 41.31 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 132.40 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 132.40 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 82.62 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 84.78 23721 11/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 74.67 Check Total: 14,700.83
23722 11/13/2023 ARPA-American Rescue Plan Act Police Dept Remodel/Rehab ANDERSON FLOORING, INC. 4,977.57 Check Total: 4,977.57
23723 11/13/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 20,248.38 Check Total: 20,248.38
23724 11/13/2023 1,2,3-TCP Fund Professional Services AQUEOUS VETS 77,983.00 Check Total: 77,983.00
23725 11/13/2023 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 191.93 23725 11/13/2023 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 7.31 23725 11/13/2023 Internal Service Fund Professional Services ASSOCIATES LOCK 95.00 Check Total: 294.24
23726 11/13/2023 General Fund Communications AT&T 249.35 Check Total: 249.35
23727 11/13/2023 General Fund Communications AT&T CALNET 284.97 Check Total: 284.97
23728 11/13/2023 General Fund Professional Services ATWATER CHIROPRACTIC, INC. 125.00 23728 11/13/2023 Gas Tax/Street Improvement Professional Services ATWATER CHIROPRACTIC, INC. 125.00 23728 11/13/2023 Water Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 130.00 23728 11/13/2023 Sewer Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 255.00 Check Total: 635.00
23729 11/13/2023 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 6,560.00 Check Total: 6,560.00
23730 11/13/2023 Internal Service Fund Special Departmental Expense ATWATER GLASS 282.40 Check Total: 282.40
'
AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23731 11/13/2023 Internal Service Fund Operations & Maintenance BAUER COMPRESSORS 1,025.94 23731 11/13/2023 Internal Service Fund Professional Services BAUER COMPRESSORS 420.00 Check Total: 1,445.94
23732 11/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,402.57 23732 11/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,667.83 23732 11/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 462.70 23732 11/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,235.05 23732 11/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,341.75 Check Total: 7,109.90
23733 11/13/2023 General Fund Professional Services BEST BEST & KRIEGER 19,773.14 23733 11/13/2023 General Fund Professional Services BEST BEST & KRIEGER 403.00 23733 11/13/2023 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 777.60 23733 11/13/2023 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 256.00 23733 11/13/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 8,244.80 Check Total: 29,454.54
23734 11/13/2023 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 38.78 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 17.44 23734 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 38.72 23734 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 40.38 23734 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 16.48 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 434.88 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 336.37 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 17.44 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 154.95 23734 11/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 52.82 23734 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 22.29 23734 11/13/2023 General Fund Training BIG CREEK LUMBER COMPANY 148.78 23734 11/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 123.31 23734 11/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 80.80 23734 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 9.79 23734 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 78.12 23734 11/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 96.96 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 7.75 23734 11/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 67.89 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 5.16 23734 11/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY -403.99 Check Total: 1,385.12
23735 11/13/2023 Water Enterprise Fund Accounts Payable THOMAS BOHANAN 60.20 23735 11/13/2023 Sewer Enterprise Fund Accounts Payable THOMAS BOHANAN 63.24 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23735 11/13/2023 Sanitation Enterprise Fund Accounts Payable THOMAS BOHANAN 35.35 Check Total: 158.79
23736 11/13/2023 General Fund Special Departmental Expense BOULDERS PLUS iNC 790.00 Check Total: 790.00
23737 11/13/2023 General Fund Training MATTHEW BOWEN 10.24 Check Total: 10.24
23738 11/13/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 834.39 23738 11/13/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 114.31 23738 11/13/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 199.87 Check Total: 1,148.57
23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 127.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 51.00 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 102.00 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 58.50 23739 11/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 23739 11/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 23739 11/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,476.50 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 96.75 23739 11/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 23739 11/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 23739 11/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 Check Total: 7,614.75
23740 11/13/2023 Internal Service Fund Operations & Maintenance BURTONS FIRE INC 1,959.30 23740 11/13/2023 Internal Service Fund Operations & Maintenance BURTONS FIRE INC 2,557.41 Check Total: 4,516.71
23741 11/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 87.43 23741 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 3.66 23741 11/13/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 68.00 23741 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 386.79 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 6
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23741 11/13/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 80.00 23741 11/13/2023 General Fund Professional Services CAL FARM SERVICES 24.00 23741 11/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 193.95 23741 11/13/2023 General Fund Professional Services CAL FARM SERVICES 60.00 23741 11/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 263.20 23741 11/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 151.39 Check Total: 1,318.42
23742 11/13/2023 1,2,3-TCP Fund Professional Services CALGON CARBON 133,802.00 23742 11/13/2023 1,2,3-TCP Fund Professional Services CALGON CARBON 125,319.00 Check Total: 259,121.00
23743 11/13/2023 General Fund Special Departmental Expense CALIFORNIA LANDSCAPE SUPPLY, INC. 292.07 23743 11/13/2023 General Fund Special Departmental Expense CALIFORNIA LANDSCAPE SUPPLY, INC. 132.76 23743 11/13/2023 General Fund Special Departmental Expense CALIFORNIA LANDSCAPE SUPPLY, INC. 132.76 Check Total: 557.59
23744 11/13/2023 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 CENTERLINE DESIGN, LLC 9,270.00 Check Total: 9,270.00
23745 11/13/2023 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 108.00 Check Total: 108.00
23746 11/13/2023 Water Enterprise Fund Professional Services CHARTER CAPITAL 3,200.00 Check Total: 3,200.00
23747 11/13/2023 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 23747 11/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 23747 11/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 16.06 23747 11/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 8.25 23747 11/13/2023 General Fund Uniform & Clothing Expense CINTAS CORP 35.66 23747 11/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 37.09 23747 11/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 73.33 23747 11/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 68.32 23747 11/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 16.06 23747 11/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 23747 11/13/2023 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 23747 11/13/2023 General Fund Uniform & Clothing Expense CINTAS CORP 35.66 23747 11/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 8.25 23747 11/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 68.32 23747 11/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 37.09 23747 11/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 73.64 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23747 11/13/2023 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 23747 11/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 8.25 23747 11/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 23747 11/13/2023 Internal Service Fund Uniform & Clothing Expcnsc CINTAS CORP 16.06 23747 11/13/2023 General Fund Uniform & Clothing Expense CINTAS CORP 35.66 23747 11/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 37.09 23747 11/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 73.64 23747 11/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 63.66 Check Total: 838.30
23748 11/13/2023 Information Technology Fund Special Departmental Expense CIVICPLUS LLC 7,717.50 23748 11/13/2023 General Fund Professional Services CIVICPLUS LLC 785.40 23748 11/13/2023 Information Technology Fund Memberships & Subscriptions CIVICPLUS LLC 10,000.00 Check Total: 18,502.90
23749 11/13/2023 General Fund Professional Services COLE PRO MEDIA LLC 1,000.00 23749 11/13/2023 General Fund Communications COLE PRO MEDIA LLC 2,250.00 Check Total: 3,250.00
23750 11/13/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR', 434.08 23750 11/13/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORI 862.57 23750 11/13/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR1 390.43 23750 11/13/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 221.54 23750 11/13/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR1 82.00 Check Total: 1,990.62
23751 11/13/2023 General Fund Special Departmental Expense CPS HR CONSULTING 462.00 Check Total: 462.00
23752 11/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 23752 11/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 23752 11/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 23752 11/13/2023 Internal Service Fund Professional Services D& D PEST CONTROL 34.00 23752 11/13/2023 Internal Service Fund Professional Services D& D PEST CONTROL 34.00 23752 11/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 23752 11/13/2023 Internal Service Fund Professional Services D& D PEST CONTROL 34.00 23752 11/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
23753 11/13/2023 Information Technology Fund Professional Services DATA PATH 7,850.00 23753 11/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 23753 11/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATH 730.00 -
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AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23753 11/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATH 830.00 23753 11/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATH 2,583.00 23753 11/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATH 2,617.50 Check Total: 15,699.50
23754 11/13/2023 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 200.00 Check Total: 200.00
23755 11/13/2023 General Fund Professional Services DEPT. OF JUSTICE 322.00 23755 11/13/2023 General Fund Professional Services DEPT. OF JUSTICE 32.00 Check Total: 354.00
23756 11/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 75.76 23756 11/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 64.94 23756 11/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 302.13 23756 11/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 379.58 Check Total: 822.41
23757 11/13/2023 Water Fund Capital Replacement Hydrant Replacement FERGUSON WATERWORKS #1423 3,819.30 23757 11/13/2023 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS #1423 1,455.57 23757 11/13/2023 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS #1423 51.51 23757 11/13/2023 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 1,153.69 23757 11/13/2023 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 1,270.32 23757 11/13/2023 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 2,192.22 23757 11/13/2023 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 529.85 Check Total: 10,472.46
23758 11/13/2023 Public Safety Trans & Use Tax Special Departmental Expense FIRST IN SAFETY INC. 1,971.26 Check Total: 1,971.26
23759 11/13/2023 General Fund Training FRESNO CITY COLLEGE 178.00 Check Total: 178.00
23760 11/13/2023 Water Enterprise Fund Accounts Payable ISRAEL GONZALEZ 41.80 Check Total: 41.80
23761 11/13/2023 General Fund Training DAVE GOODWIN 44.79 Check Total: 44.79
23762 11/13/2023 Water Enterprise Fund Special Departmental Expense GRAINGER 311.09 23762 11/13/2023 Water Enterprise Fund Special Departmental Expense GRAINGER 75.20 -
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AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 386.29
23763 11/13/2023 Water Enterprise Fund Accounts Payable RANDALL HELLER 23.77 23763 11/13/2023 Sewer Enterprise Fund Accounts Payable RANDALL IIELLER 36.65 23763 11/13/2023 Sanitation Enterprise Fund Accounts Payable RANDALL HELLER 20.55 Check Total: 80.97
23764 11/13/2023 General Fund Special Departmental Expense IIENRY SCIIEIN, INC. 1,070.87 Check Total: 1,070.87
23765 11/13/2023 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 23765 11/13/2023 Internal Service Fund Utilities HOFFMAN SECURITY 756.95 Check Total: 811.95
23766 11/13/2023 General Fund Special Departmental Expense HORIZON 20.29 23766 11/13/2023 General Fund Special Departmental Expense HORIZON 1,185.39 23766 11/13/2023 General Fund Special Departmental Expense HORIZON 21.00 23766 11/13/2023 Internal Service Fund Special Departmental Expense HORIZON 23.00 Check Total: 1,249.68
23767 11/13/2023 Water Enterprise Fund Accounts Payable CERISSA HULTGREN 357.10 23767 11/13/2023 Sewer Enterprise Fund Accounts Payable CERISSA HULTGREN 222.45 23767 11/13/2023 Sanitation Enterprise Fund Accounts Payable CERISSA HULTGREN 32.33 23767 11/13/2023 Sanitation Enterprise Fund Accounts Payable CERISSA HULTGREN 65.19 Check Total: 677.07
23768 11/13/2023 General Fund Training IACP 600.00
Check Total: 600.00
23769 11/13/2023 General Fund Memberships & Subscriptions IIMC 125.00 Check Total: 125.00
23770 11/13/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,450.00 Chcck Total: 1,450.00
23771 11/13/2023 Water Enterprise Fund Accounts Payable JESUS IZAZAGA 9.11 Check Total: 9.11
23772 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 2,718.75 Check Total: 2,718.75
AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23773 11/13/2023 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 11,693.00 Check Total: 11,693.00
23774 11/13/2023 Water Enterprise Fund Accounts Payable PHILLIP JENSEN 23.77 23774 11/13/2023 Sewer Enterprise Fund Accounts Payable PHILLIP JENSEN 24.99 23774 11/13/2023 Sanitation Enterprise Fund Accounts Payable PHILLIP JENSEN 13.31 Check Total: 62.07
23775 11/13/2023 Water Enterprise Fund Accounts Payable MARIA KAANAPU 2.18 23775 11/13/2023 Sewer Enterprise Fund Accounts Payable MARIA KAANAPU 2.29 23775 11/13/2023 Sanitation Enterprise Fund Accounts Payable MARIA KAANAPU 1.28 Check Total: 5.75
23776 11/13/2023 General Fund Special Departmental Expense KELLOGG SUPPLY 86.59 23776 11/13/2023 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 59.36 Check Total: 145.95
23777 11/13/2023 Water Enterprise Fund Accounts Payable HANNAH KWON 42.64 23777 11/13/2023 Sewer Enterprise Fund Accounts Payable HANNAH KWON 44.79 23777 11/13/2023 Sanitation Enterprise Fund Accounts Payable HANNAH KWON 25.13 Check Total: 112.56
23778 11/13/2023 Water Enterprise Fund Special Departmental Expense LAWSON PRODUCTS 281.04 23778 11/13/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 935.24 Check Total: 1,216.28
23779 11/13/2023 General Fund Special Departmental Expense LEAVE YOUR MARK! 360.00 23779 11/13/2023 General Fund Special Departmental Expense LEAVE YOUR MARK! 360.00 Check Total: 720.00
23780 11/13/2023 Public Safety Trans & Use Tax Special Departmental Expense LN CURTIS & SONS 3,406.01 23780 11/13/2023 Public Safety Trans & Use Tax Special Departmental Expense LN CURTIS & SONS 1,339.91 Check Total: 4,745.92
23781 11/13/2023 General Fund Miscellaneous LOOMIS 1,219.54 Check Total: 1,219.54
23782 11/13/2023 General Fund Special Departmental Expense LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
23783 11/13/2023 General Fund Training MARIN CONSULTING ASSOCIATES 625.00 -
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AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 625.00
23784 11/13/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 12,219.01 Check Total: 12,219.01
23785 11/13/2023 Water Enterprise Fund Accounts Payable MAXWELL CONSTRUCTION 86.43 23785 11/13/2023 Sewer Enterprise Fund Accounts Payable MAXWELL CONSTRUCTION 119.11 23785 11/13/2023 Sanitation Enterprise Fund Accounts Payable MAXWELL CONSTRUCTION 28.97 Check Total: 234.51
23786 11/13/2023 Internal Service Fund Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 18.00 23786 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 47.00 Check Total: 65.00
23787 11/13/2023 Internal Service Fund Professional Services MCAULEY MOTORS 50.00 23787 11/13/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 220.57 Check Total: 270.57
23788 11/13/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 966.40 23788 11/13/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 155.44 23788 11/13/2023 Water Enterprise Fund Printing & Advertising MCCLATCHY COMPANY LLC 229.84 23788 11/13/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 155.44 Check Total: 1,507.12
23789 11/13/2023 Water Enterprise Fund Accounts Payable GREG MCKENZIE 166.23 Check Total: 166.23
23790 11/13/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 75.00 23790 11/13/2023 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 99.00 23790 11/13/2023 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 198.00 23790 11/13/2023 General Fund Youth Flag Football MERCED AREA SPORTS OFFICIALS, INC 180.00 23790 11/13/2023 General Fund Youth Flag Football MERCED AREA SPORTS OFFICIALS, INC 240.00 23790 11/13/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 100.00 23790 11/13/2023 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 99.00 23790 11/13/2023 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 198.00 Check Total: 1,189.00
23791 11/13/2023 General Fund Training MERCED COUNTY LAW ENFORCEMENT CHIE 700.00 Check Total: 700.00
23792 11/13/2023 Sewer Enterprise Fund Professional Services MERCED COUNTY TAX COLLECTOR 135.40 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 12
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23792 11/13/2023 Fire Facility Impact Fee Miscellaneous MERCED COUNTY TAX COLLECTOR 135.02 Check Total: 270.42
23793 11/13/2023 General Fund Utilities MERCED IRRIGATION DISTRICT 1,020.52 23793 11/13/2023 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 809.06 23793 11/13/2023 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 225.66 23793 11/13/2023 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 117.21 23793 11/13/2023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 525.61 23793 11/13/2023 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 61.39 23793 11/13/2023 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 75.21 23793 11/13/2023 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 37.63 23793 11/13/2023 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 75.21 23793 11/13/2023 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 337.69 23793 11/13/2023 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.46 23793 11/13/2023 America West LD Utilities MERCED IRRIGATION DISTRICT 166.77 23793 11/13/2023 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 369.97 23793 11/13/2023 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.46 23793 11/13/2023 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 464.32 23793 11/13/2023 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 714.16 23793 11/13/2023 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 865.47 23793 11/13/2023 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 265.90 23793 11/13/2023 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 389.40 23793 11/13/2023 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 20.46 23793 11/13/2023 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 406.15 23793 11/13/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 675.52 23793 11/13/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 6,985.08 Check Total: 14,649.31
23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 140.00 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 231.00 23794 11/13/2023 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 16.78 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 160.00 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 160.00 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 160.00 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 160.00 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 195.00 23794 11/13/2023 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 51.19 23794 11/13/2023 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 605.00 23794 11/13/2023 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 611.73 23794 11/13/2023 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 58.39 23794 11/13/2023 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 31.85 Check Total: 2,580.94
AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 13
.
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23795 11/13/2023 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 385.15 Check Total: 385.15
23796 11/13/2023 Water Enterprise Fund Accounts Payable PALEE MOUA 26.56 23796 11/13/2023 Sewer Enterprise Fund Accounts Payable PALEE MOUA 31.51 23796 11/13/2023 Sanitation Enterprise Fund Accounts Payable PALEE MOUA 17.68 Check Total: 75.75
23797 11/13/2023 Sewer Enterprise Fund Special Departmental Expense MUNICIPAL MAINTENANCE EQUIP. 4,235.73 Check Total: 4,235.73
23798 11/13/2023 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 3,297.85 Check Total: 3,297.85
23799 11/13/2023 General Fund Professional Services MUNISERVICES LLC 1,166.98 Check Total: 1,166.98
23800 11/13/2023 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 42.06 Check Total: 42.06
23801 11/13/2023 General Fund Travel/Conferences/Meetings ANNA NICHOLAS 235.00 Check Total: 235.00
23802 11/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 29.35 23802 11/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 27.18 23802 11/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 32.16 23802 11/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 21.72 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.53 23802 11/13/2023 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 21.73 23802 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 17.38 23802 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 54.88 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 93.18 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 8.31 23802 11/13/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 32.59 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 52.29 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -308.48 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -92.43 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -78.91 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 381.71 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 57.45 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 20.89 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -64.16 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 14
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 61.00 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -61.00 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.65 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 69.84 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 55.85 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 25.05 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 339.04 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 724.82 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 419.67 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.79 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 847.08 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 177.26 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 59.80 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.87 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.97 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 227.95 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -177.26 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 80.00 23802 11/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 66.32 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 275.94 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 193.79 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -35.15 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -59.80 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 6.95 23802 11/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 4.57 23802 11/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 36.04 Check Total: 3,771.41
23803 11/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 117.13 23803 11/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 94.18 23803 11/13/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 250.97 23803 11/13/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 35,840.00 23803 11/13/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 324.32 23803 11/13/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 214.70 23803 11/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 1,760.12 23803 11/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 6,100.80 23803 11/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC -123.49 23803 11/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 462.34 23803 11/13/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 17,130.07 23803 11/13/2023 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 153.52 23803 11/13/2023 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 98.92 23803 11/13/2023 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC -2.49 23803 11/13/2023 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 14.44 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23803 11/13/2023 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 48.20 23803 11/13/2023 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 15.90 23803 11/13/2023 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 70.44 23803 11/13/2023 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 194.70 23803 11/13/2023 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 794.61 23803 11/13/2023 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 26.00 23803 11/13/2023 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 23.10 23803 11/13/2023 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC -17.91 23803 11/13/2023 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 223.95 23803 11/13/2023 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 2.66 23803 11/13/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 119,017.57 23803 11/13/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,318.22 23803 11/13/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 5,687.81 Check Total: 191,840.78
23804 11/13/2023 General Fund Special Departmental Expense JOSEPH PANGELINA 25.00 Check Total: 25.00
23805 11/13/2023 Sanitation Enterprise Fund Accounts Payable PATRICK PARLEY 10.14 Check Total: 10.14
23806 11/13/2023 General Fund Fire Marshal Supplies PHONES 'R' US 100.00 Check Total: 100.00
23807 11/13/2023 Water Enterprise Fund Accounts Payable JOSE PICENO RAMIREZ 128.87 23807 11/13/2023 Sewer Enterprise Fund Accounts Payable JOSE PICENO RAMIREZ 2.29 23807 11/13/2023 Sanitation Enterprise Fund Accounts Payable JOSE PICENO RAMIREZ 1.28 Check Total: 132.44
23808 11/13/2023 Water Enterprise Fund Special Departmental Expense POLLARDWATER 232.67 Check Total: 232.67
23809 11/13/2023 Water Enterprise Fund Accounts Payable DONNA POWDEN 1.93 23809 11/13/2023 Sewer Enterprise Fund Accounts Payable DONNA POWDEN 2.29 23809 11/13/2023 Sanitation Enterprise Fund Accounts Payable DONNA POWDEN 1.29 Check Total: 5.51
23810 11/13/2023 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 11,520.00 23810 11/13/2023 General Fund Capital Phase 3 Ped Imp Proj Downtown PRECISION CIVIL ENGINEERING, INC. 568.81 23810 11/13/2023 Measure V 20% AlternativeModes Phase 3 Ped Imp Proj Downtown PRECISION CIVIL ENGINEERING, INC. 73.69 Check Total: 12,162.50
AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 16
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23811 11/13/2023 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 1,138.38 23811 11/13/2023 Water Fund Capital Replacement Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 4,460.00 23811 11/13/2023 Sewer Enterprise Fund Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 4,460.00 Check Total: 10,058.38
23812 11/13/2023 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 6,985.40 Check Total: 6,985.40
23813 11/13/2023 General Fund Special Departmental Expense QUADIENT, INC. 57.15 23813 11/13/2023 General Fund Rents & Leases QUADIENT, INC. 36.00 Check Total: 93.15
23814 11/13/2023 General Fund Special Departmental Expense RDO EQUIPMENT CO 403.69 Check Total: 403.69
23815 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 479.14 23815 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 1,833.27 23815 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE -178.09 23815 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 213.06 23815 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE -605.69 Check Total: 1,741.69
23816 11/13/2023 General Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 375.69 Check Total: 375.69
23817 11/13/2023 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 15,098.52 Check Total: 15,098.52
23818 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 608.41 23818 11/13/2023 Sewer Enterprise Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 1,726.86 23818 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 608.41 23818 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 608.41 23818 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 311.75 23818 11/13/2023 Water Enterprise Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 202.92 Check Total: 4,066.76
23819 11/13/2023 General Fund Special Departmental Expense NATALIE SOBALVARRO 125.00 Check Total: 125.00
23820 11/13/2023 General Fund Office Supplies STAPLES 71.20 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 17
-
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 71.20
23821 11/13/2023 Gas Tax/Street Improvement Professional Services STATE PRO BUILDERS INC. 16,000.00 23821 11/13/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 2,400.00 23821 11/13/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 3,400.00 23821 11/13/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 2,554.80 Check Total: 24,354.80
23822 11/13/2023 Water Enterprise Fund Accounts Payable SUN KISSED TANNING & BOUTIQUE 131.26 Check Total: 131.26
23823 11/13/2023 General Fund Special Departmental Expense SUNBELT RENTALS INC 379.25 Check Total: 379.25
23824 11/13/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,015.87 23824 11/13/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,873.22 23824 11/13/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,161.98 Check Total: 4,051.07
23825 11/13/2023 General Fund Office Supplies TLC POSTAL CENTER 43.50 Check Total: 43.50
23826 11/13/2023 General Fund Professional Services TNB TOWING & RECOVERY 560.00 Check Total: 560.00
23827 11/13/2023 Information Technology Fund Communications TPX COMMUNICATIONS 8,354.35 Check Total: 8,354.35
23828 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense TRANSCOUNTY TITLE CO. 200.00 Check Total: 200.00
23829 11/13/2023 Internal Service Fund Operations & Maintenance TURF STAR INC 1,271.27 Check Total: 1,271.27
23830 11/13/2023 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 Check Total: 156.94
23831 11/13/2023 Sewer Enterprise Fund Special Departmental Expense UNITED CIRCUIT BREAKERS INC. 184.88 Check Total: 184.88
23832 11/13/2023 ARPA-American Rescue Plan Act Project Retention UNITED PAVEMENT MAINTENANCE INC -24,171.63 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 18
,
-
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 157,704.75
23843 11/13/2023 General Fund Special Departmental Expense KAREN WALLER 218.32 Check Total: 218.32
23844 11/13/2023 General Fund Special Departmental Expense WARD ENTERPRISES 65.20 23844 11/13/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 21.04 Check Total: 86.24
23845 11/13/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 15.88 23845 11/13/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 15.56 23845 11/13/2023 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 65.96 Check Total: 97.40
23846 11/13/2023 General Fund Professional Services WEED MAN 500.00 Check Total: 500.00
23847 11/13/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 79.72 23847 11/13/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 79.72 23847 11/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 25.92 23847 11/13/2023 Water Fund Capital Replacement Installation-New Water Meters WINTON HARDWARE 21.53 23847 11/13/2023 General Fund Special Departmental Expense WINTON HARDWARE 99.11 Check Total: 306.00
23848 11/13/2023 General Fund Special Departmental Expense WORK WELLNESS 2,206.00 Check Total: 2,206.00
23849 11/13/2023 Water Enterprise Fund Accounts Payable AMIRA XAYAVONG 14.59 23849 11/I3/2023 Sewer Enterprise Fund Accounts Payable AMIRA XAYAVONG 15.34 23849 11/13/2023 Sanitation Enterprise Fund Accounts Payable AMIRA XAYAVONG 8.59 Check Total: 38.52
Report Total: 2,129,246.07
AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 20
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23832 11/13/2023 ARPA-American Rescue Plan Act First Street Overlay UNITED PAVEMENT MAINTENANCE INC 483,432.60 Check Total: 459,260.97 i
23833 11/13/2023 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,510.97 23833 11/13/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,217.19 23833 11/13/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 585.22 Check Total: 5,313.38
23834 11/13/2023 General Fund Special Departmental Expense VALLEY BUSINESS CENTER 3,034.28 Check Total: 3,034.28
23835 11/13/2023 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 23835 11/13/2023 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 Check Total: 2,000.00
23836 11/13/2023 Internal Service Fund Operations & Maintenance VAN DE POL 11,690.73 Check Total: 11,690.73
23837 11/13/2023 General Fund Community Center Deposits SONNY VARGAS 350.00 23837 11/13/2023 General Fund Community Center Deposits SONNY VARGAS 210.00 Check Total: 560.00
23838 11/13/2023 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATIN( 183,175.28 Check Total: 183,175.28
23839 11/13/2023 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
23840 11/13/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,689.42 23840 11/13/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 609.32 23840 11/13/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,169.07 23840 11/13/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 800.62 Check Total: 4,268.43 '
23841 11/13/2023 Water Enterprise Fund Special Departmental Expense VULCAN MATERIALS COMPANY 2,312.93 Check Total: 2,312.93
23842 11/13/2023 Water Fund Capital Replacement Project Retention W.M. LYLES COMPANY -1,167.00 23842 11/13/2023 Water Fund Capital Replacement Well #20A Rehab W.M. LYLES COMPANY 23,340.00 23842 11/13/2023 1,2,3-TCP Fund Project Retention W.M. LYLES COMPANY -7,133.25 23842 11/13/2023 1,2,3-TCP Fund Well #20A Rehab W.M. LYLES COMPANY 142,665.00 AP-Checks for Approval (11/9/2023 - 12:09 PM) Page 19
CITY OF ATWATER
REGULAR MEETING
AUDIT AND FINANCE COMMITTEE
ACTION MINUTES
September 25, 2023
The City of Atwater Audit and Finance Committee met in Regular Session this date at 4:37 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Committee Chair Ambriz presiding.
PLEDGE OF ALLEGIANCE OF THE FLAG: Deferred to Regular Council Meeting.
ROLL CALL:
Present: Committee Chair Ambriz, Committee Vice Chair Nelson, City Manager Waterman
Absent: Committee Member Borba
Staff Present: Finance Director Nicholas
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Vice Chair Nelson moved to approve the agenda as posted. The motion was seconded by Committee Chair Ambriz and the vote was: Ayes: Nelson, Ambriz; Noes: None. The motion passed.
SUBSEQUENT NEED ITEMS:
None to report.
MINUTES:
May 22, 2023 - Regular meeting
MOTION: Vice Chair Nelson moved to approve the minutes as listed. The motion was seconded by Committee Chair Ambriz and the vote was:
Ayes: Nelson, Ambriz; Noes: None. The motion passed.
Audit and Finance Committee Minutes for September 25, 2023 Page 2 FUNDING AND BUDGET MATTERS:
Treasurer's Report for the month ending May 31, 2023, June 30, 2023, July 31, 2023, and August 31, 2023. (Presented by Finance Director Nicholas for City Treasurer Borba) MOTION: Committee Vice Chair Nelson moved to approve the May 31, 2023, June 30, 2023, July 31, 2023, and August 31, 2023, Treasurer's Report as listed. The motion was seconded by Committee Chair Ambriz and the vote was: Ayes: Nelson, Ambriz; Noes: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Verbal presentation on MuniServices' 1St Quarter 2023 Report on Sales Tax and Business Activity for the City of Atwater. (Finance Director Nicholas) Finance Director Nicholas updated Committee on MuniServices' 1St Quarter 2023 Report on Sales Tax and Business Activity for the City of Atwater.
Finance Director Nicholas provided an update on quarterly sales tax reports (nonconfidential data) being added to the City's webpage.
Finance Director Nicholas provided background information on the City's current Transient Occupancy Tax (TOT) rate.
No action requested. Informational item only.
COMMENTS FROM THE PUBLIC:
No one came forward to speak.
COMMITTEE MEMBER COMMENTS:
Vice Chair Nelson provided update from the Cal Cities Annual Conference.
ADJOURNMENT:
Committee Chair Ambriz adjourned the meeting at 4:49 PM. .QAN N I B I Z
COMM TT: E CHAIR
By: Anna Nicholas
Finance Director
CITY OF ATWATER
GENERAL PLAN TECHNICAL ADVISORY COMMITTEE
ACTION MINUTES
October 4, 2023
REGULAR SESSION: (Council Chambers)
The G e n e r a I P I a n T e c h n i c a I A d v i s o r y C o m m i t t e e of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Chairperson Nelson presiding.
INVOCATION:
Invocation by Committee Member Borgwardt
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Chairperson Nelson.
ROLL CALL:
Present:
Absent:
Staff Present:
Committee Members Borgwardt, Daugherty, Murphy, and
Nelson
Committee Member Raymond and Reed
Deputy City Manager/Community Development Director
Thompson, Police Chief Salvador, Recording Secretary Rashad SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Committee Member Murphy moved to approve the agenda as posted. The motion was seconded by Committee Member Daugherty and the vote was: Ayes:
Committee Members Borgwardt, Daugherty, Nelson, and Murphy; Noes: None;
Absent: Committee Member Raymond and Reed. The motion passed.
APPROVAL OF MINUTES:
September 6, 2023 - Regular Meeting
MOTION: Committee Member Borgwardt moved to approve the minutes as posted.
The motion was seconded by Committee Member Murphy and the roll call vote was:
Ayes: Committee Members Nelson, Daugherty, Borgwardt, and Murphy; Noes:
None; Absent: Committee Member Raymond and Reed. The motion passed.
OVERVIEW OF GENERAL PLAN UPDATE:
1. Economic Development
Deputy City Manager I Community Development Director Thompson spoke about Economic Development and presented a PowerPoint.
COMMENTS FROM THE PUBLIC:
Chairperson Nelson opened Public Comment.
Notice to the public was read.
No one came forward to speak.
Chairperson Nelson closed the Public Comment.
COMMITTEE MEMBER MATTERS:
Committee Member Daugherty inquired about a traffic count at the Atwater Flea Market to document unconventional use.
ADJOURNMENT:
By: Kayla Rashad,
Recording Secretary
CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
October 23, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:01 PM in the City Council Chambers located at the Atwater Civic Center,750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present: City Council Members Ambriz, Cale, Mayor Nelson
Absent: City Council Member Button, Mayor Pro Tem Raymond Staff Present: City Manager Waterman, City Attorney Splendorio, Assistant City Clerk Martin
CLOSED SESSION: (Conference Room A)
Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (1) Mayor Nelson invited public comment on Closed Session items.
No one came forward to speak.
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:02 PM.
City Council Member Button and Mayor Pro Tem Raymond joined Closed Session in Conference Room A.
Closed Session was called to order at 5:07 PM.
City Council Meeting Action Minutes for October 23, 2023 Page 2 Closed Session adjourned at 5:47 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
INVOCATION:
The Invocation was led by Pastor Rich Miller.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by City Council Member Button.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Button, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Finance Director Nicholas, Deputy City
Manager/Community Development Director Thompson, Human
Resources Director Sousa, Battalion Chief Ayuso, Public Works Director Vinson, City Clerk Billings, Assistant City Clerk Martin MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported pursuant to Government Code Section 54956.9(d)(2) that the City Council received information, provided direction, and there was no reportable action.
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
Mayor Pro Tem Raymond reported Merced County District 3 Supervisor McDaniel would not be able to attend the City Council meeting this evening and he would like to remove the monthly report from the agenda.
MOTION: Mayor Pro Tem Raymond moved to approve the agenda as amended. The motion was seconded by City Council Member Ambriz and the vote was: Ayes:
Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
PRESENTATIONS:
City Council Meeting Action Minutes for October 23, 2023 Page 3 Photovoice Project by the Youth Health Advocates, a Community Counteracting Tobacco Youth Health Advocates, a Community Counteracting Tobacco presented a PowerPoint presentation presenting their various concerns regarding Tobacco use and licensing in the city.
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
Jim Price spoke regarding items #1 and 2 on the consent calendar.
No one else came forward to speak.
Mayor Nelson closed the public comment.
Agenda item #1 under Treasurer’s Report, “August 31, 2023” was removed from the Consent Calendar for separate discussion and possible action.
Agenda item #2 under Warrants, “October 23, 2023” was removed from the Consent Calendar for separate discussion and possible action.
MOTION: Mayor Pro Tem Raymond moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None.
The motion passed.
TREASURER’S REPORT:
1. September 30, 2023
This item was removed from the Consent Calendar for separate discussion and possible action.
WARRANTS:
2. October 23, 2023
This item was removed from the Consent Calendar for separate discussion and possible action.
MINUTES: (General Plan Technical Advisory Committee)
3. September 6, 2023 – Regular meeting
ACTION: Acceptance of minutes as listed.
City Council Meeting Action Minutes for October 23, 2023 Page 4 MINUTES: (Planning Commission)
4. September 20, 2023 - Regular meeting
ACTION: Acceptance of minutes as listed.
MINUTES: (City Council)
5. a.) September 25, 2023 – Regular meeting
b.) October 9, 2023 – Regular meeting
ACTION: Approval of minutes as listed.
AGREEMENTS:
6. Approving Amendment No. 3 to the Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee annual reports pursuant to the requirements of Assembly Bill 1600 (AB 1600) and the Mitigation Fee Act (Finance Director Nicholas)
ACTION: Approves Amendment No. 3 to the Professional Services Agreement in a form approved by the City Attorney, with RSG, Inc of Vista, California for the preparation of the Development Impact Fee reporting requirements, in a total contract amount not to exceed $50,710, after the approved contract amendment of $13,500; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.
7. Awarding a Cooperative Purchase, Purchase Agreement (Purchase Order) to National Auto Fleet Group for the purchase of seven (7) new 2024 Ford Super Duty F-250 Crew Cab Pickup trucks (Public Works Director Vinson) ACTION: Awards a Cooperative Purchase, Purchase Agreement (Purchase Order), to National Auto Fleet Group, of Watsonville, California, for the purchase of seven (7) new Ford F-250 Crew Cab Pickup Trucks, in the combined amount not to exceed $370,48.66; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.
8. Approving On-Call Professional Services Agreements with various consultants for As-Needed Planning Services (Deputy City Manager/Community Development Director Thompson)
ACTION: Approves Professional Services On-Call Master Agreements, in a form approved by the City Attorney, with 4LEAF, Inc. of Pleasanton, California, Interwest of Fresno, California, and Precision Civil Engineering, Inc. of Fresno, California, for As- Needed planning services, in an amount not to exceed $200,000 per Task Order; and authorizes and directs the City Manager, or her designee, to execute the Agreements on behalf of the City.
City Council Meeting Action Minutes for October 23, 2023 Page 5 RESOLUTIONS:
9. Acknowledging Receipt of 2023 Annual City of Atwater Fire Inspection SB1205 Compliance Report (CAL FIRE Battalion Chief Lopes)
ACTION: Adoption of Resolution No. 3432-23 acknowledging receipt of 2023 annual City of Atwater Fire Inspection Compliance Report as mandated by California Senate Bill 1205.
10. Approving and Ratifying a Side Letter Agreement Between the City of Atwater and the American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57, Pertaining to Certain Terms and Conditions of Employment of the Mid-Managers Group, Relating to Safety Members and Adopting Salary Schedule B-24, Effective October 26, 2023, Relating to the Police Lieutenant Classification (Human Resources Director Sousa) ACTION: Adoption of Resolution No. 3437-23 Approving and Ratifying a Side Letter Agreement Between the City of Atwater and the American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57, Pertaining to Certain Terms and Conditions of Employment of the Mid-Managers Group, Relating to Safety Members, and Authorizing and Directing the City Manager to Execute the Agreement on Behalf of the City, and Adoption of Resolution No. 3438-23 Adopting Salary Schedule B-24, Effective October 26, 2023, Relating to the Police Lieutenant Classification.
CALL FOR BIDS:
11. Approving Plans and Specifications and Authorizing Advertising and Calling for Bids for the EV Charging Stations at 750 Bellevue Road (Public Works Director Vinson)
ACTION: Approves the plans and specifications and authorizing and calling for bids for the EV Charging Stations at 750 Bellevue Rd Project, Project No. 19-8, Bid Call Number 723-23.
TREASURER’S REPORT:
September 30, 2023
WARRANTS:
October 23, 2023
Finance Director Nicholas and City Manager Waterman provided background information on these items.
City Council Meeting Action Minutes for October 23, 2023 Page 6 Mayor Nelson asked if anyone would like to come forward and speak on this item.
Jim Price spoke regarding the fund reporting and travel expenses.
Amanda Sandoval spoke regarding Solar.
No one else came forward to speak.
MOTION: City Council Member Button moved to accept the Treasurer’s Report as listed and approved the Warrants as listed. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Approving Plans and Specifications and Authorizing Advertising and Calling for Bids for General Construction Services for Tenant Improvements at 1350 Broadway Avenue (Civic 2 Project) (Public Works Director Vinson)
Deputy City Manager/Community Development Director Thompson provided background information on this item.
City Council Member Ambriz spoke regarding future growth and technology.
Mayor Pro Tem Raymond spoke regarding funding.
Mayor Nelson spoke regarding parking accommodations.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
Jim Price spoke regarding funding for the project.
No one else came forward to speak.
MOTION: City Council Member Ambriz moved to approve the plans and specifications and authorizing advertising and calling for bids for the General Construction Services for Tenant Improvements at 1350 Broadway Avenue (Civic Center 2) Project, Project No. 21-03, Bid Call Number 724-23. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
Awarding a Professional Services Agreement to Raftelis Financial Consultants, Inc. of Los Angeles, California for a Water and Sewer Rate Study (Public Works Director Vinson) Deputy City Manager/Community Development Director Thompson provided background information on this item.
City Council Meeting Action Minutes for October 23, 2023 Page 7 Finance Director Nicholas provided background information on this item.
City Council Member Button spoke regarding the Rate Study and inclusivity.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
Rich Miller spoke regarding all properties being metered.
Keith Pelowski spoke regarding funding for the Rate Study.
No one else came forward to speak.
MOTION: Mayor Pro Tem Raymond moved to award a Professional Services Agreement, in a form approved by the City Attorney, to Raftelis Financial Consultants, Inc. of Los Angeles, California for a Water and Sewer Rate Study, in an amount not to exceed $124,273; and authorizes and directs the City Manager or her designee to execute all contract documents on behalf of the City. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
CITY MANAGER REPORTS/UPDATES:
City Manager Updates
City Manager Waterman reported the following:
• City Manager Waterman spoke regarding the First Street project. • City Manager Waterman spoke regarding Halloween and to be safe on the streets while driving.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.
Mayor Nelson opened public comment.
Eric Chueng spoke regarding tobacco retail license in Atwater.
Christan Santos, Field Representative for Congressman John Duarte, provided an update regarding Congressman Duarte’s office.
Linda Dash spoke regarding personnel, emails, and police staffing.
City Council Meeting Action Minutes for October 23, 2023 Page 8 Amanda Sandavol spoke regarding Mental Health awareness.
Pastor Rich Miller spoke regarding celebrating 35 years at Victory Baptist Church.
Jim Price spoke regarding the city financials.
Mayor Nelson closed the public comment.
CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Cale spoke regarding Israel and asked to keep them and the Military in your prayers. Happy Thanksgiving to all.
City Council Member Button stated rely on God and pray.
City Council Member Ambriz spoke regarding Halloween and to be careful.
Mayor Pro Tem Raymond congratulated Hallie Billings regarding winning Miss Merced County Teen 2024.
Mayor Nelson spoke regarding the Annual Atwater Police Department Trick or Treat at 3:30 PM to 5:30 PM until bags run out. He spoke regarding the First Street project and the speed of it being completed.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 6:54 PM.
________________________________
JANELL MARTIN
ASSISTANT CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director
PREPARED
BY:
John Seymour, City Engineer
SUBJECT: Approving Amendment No. 1 to the Professional Services Agreement with De Novo Planning Group (Deputy City
Manager/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Approves Ammendment No. 1 to the Professional Services Agreement in a form approved by the City Attorney, with De Novo Planning Group, of El Dorado Hills, California for the preparation of the environmental documentation for the Bellevue Road Rehabilitation and Realignment Project for an amount not to exceed $202,881.50; and authorizes the City Manager, or her designee, to execute the agreement on behalf of the City; or motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
State planning and zoning law (California Government Code Section 65000) requires all counties and cities to prepare and maintain a general plan for the long-term growth, development, and management of the land within the jurisdiction's planning boundaries.
The general plan acts as a "constitution" for development and is the jurisdiction's lead legal document in relation to growth, development, and resource management issues.
Development regulations (e.g. zoning, subdivision standards) are required by law to be consistent with the General Plan.
The State requires that General Plans must address a broad range of topics, including at minimum, the following mandatory elements: land use, circulation, housing, conservation, open space, noise, air quality/greenhouse gas and safety. General Plans must also address the topics of environmental justice, climate change, and resiliency planning, either as a separate element or as part of other required elements. At the discretion of each jurisdiction, the general plan may combine these elements and may add optional elements relevant to the physical features of the jurisdiction.
The circulation element is critical to the development of the general plan. As such there is a direct correlation between the Circulation Element of the 2040 General Plan and the
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
work the city is undertaking on the Bellevue Road Rehabilitation and Realignment Project. The analysis performed under the General Plan Update must consider transportation corridors such as Bellevue. It is in the best interest of the city that these two activities are consistent and considerate of each other.
II. FISCAL IMPACTS:
Sufficient funding for this service is available in the Fiscal Year 2023-24 Budget General Fund. General Plan Update, Professional Services expense, account number 1041- 4010-3030
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with Public Resources Code 65000 and the Regional Measure V application submitted to MCAG and with goal numbers one (1) and two (2) of the CIty's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all required departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council Action.
VIII. ENVIRONMENTAL REVIEW:
The contract amendment is to provide environmental analysis and review.
IX. STEPS FOLLOWING APPROVAL:
Upon approval of the City Council, Amendment No. 1 to the Professional Services Agreement will be routed to applicable City staff for signatures and execution of the agreement.
Submitted by:
Greg Thompson, Deputy City Manager/Community Development Director
Agenda Report - Page 3
Approved by:
Lori Waterman, City Manager
Attachments:
1. Atwater_ Amendment No. 1 to PSA w_ De Novo Planning Group-11.1.23
Amendment No. 1 to Professional Services Agreement between November 13, 2023 City of Atwater and De Novo Planning Group Page 1 of 3
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ATWATER AND DE NOVO PLANNING GROUP
This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”) by and between the City of Atwater, a California municipal corporation (“City”) and De Novo Planning Group, a California corporation (“Professional”) is entered into on November 13, 2023 (“Effective Date”). City and Professional are hereinafter referred to separately as a “Party” and collectively as the “Parties”.
RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated May 8, 2023 (“Agreement”) for planning services related to the General Plan Update and draft Environmental Impact Report documents ; and
WHEREAS, the Parties desire to amend the Agreement to update the Scope of Work to also include, as set forth in Attachment 1 to this Amendment No. 1, the preparation of environmental documents related to the Bellevue Road Project (between Olive and Parade Street); ,” and to update the compensation in Section 2 of the Agreement to increase by $202,881.50 for the revised Scope of Work.
NOW, THEREFORE, as of the Effective Date of this Amendment No. 1, it is agreed as follows:
1. The above recitals are true and correct and incorporated into this Amendment No. 1 by reference.
2. Section 2 of the Agreement, not including subsections 2.1 through 2.9 (which shall remain in full force and effect), is hereby amended to read as follows:
“Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $1,803,969.50, notwithstanding any contrary indications that may be contained in Exhibit A to the Agreement, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.”
3. Exhibit A (Scope of Work) of the Agreement is hereby amended to include Attachment 1 of this Amendment No. 1, attached hereto and incorporated herein by this reference.
Amendment No. 1 to Professional Services Agreement between November 13, 2023 City of Atwater and De Novo Planning Group Page 2 of 3
4. The compensation for the additional services to be provided under Section 3 of this Amendment No. 1, and as set forth in Attachment 1 of this Amendment No. 1, shall be based on the fee schedule contained in Attachment 1 of this Amendment No. 1.
5. Unless otherwise changed by this Amendment No. 1, the other provisions of the Agreement shall remain in full force and effect.
6. This Amendment No. 1 may be executed in counterparts, each of which to be deemed an original, but all of which shall constitute the same Amendment No. 1. [SIGNATURES ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the day and year first above written.
CITY OF ATWATER CONSULTANT
____________________________ ________________________________ Lori Waterman Ben Ritchie
City Manager Principal
De Novo Planning Group
Attest:
____________________________
Kory J. Billings
City Clerk
Approved as to form:
____________________________
Frank Splendorio
City Attorney
Amendment No. 1 to Professional Services Agreement between November 13, 2023 City of Atwater and De Novo Planning Group Page 3 of 3
ATTACHMENT 1
Exhibit A (Scope of Work) of the Agreement shall also include the following services:
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED
BY:
Michael Salvador, Police Chief
SUBJECT: Approving a Purchase Agreement (Purchase Order) to Flock Safety for the Purchase of a Fixed Location Automated License Plate Recognition (ALPR) System (Police Chief Salvador)
RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order) with Flock Safety for a fixed location automated license plate recognition (ALPR) system, in an amount not to exceed $50,000; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City.
I. BACKGROUND/ANALYSIS:
The City of Atwater strives to leverage technology in innovative ways to combat crime.
Automated license plate reader (ALPR) cameras can quickly locate vehicles that are reported stolen or when the vehicle is associated with a missing person or reported crime. This system can also monitor locations in real time for collision and crime response.
Flock Safety offers a proprietary system that captures license plates better than other systems. Further, this system can interface with our current body-worn camera, our projected in-car camera system, and our video storage platform evidence.com. The Flock system is in use in Livingston, Merced County, Elk Grove, Lincoln, Roseville, and Placer County. It is also used in numerous HOAs and private businesses in the region.
All Flock systems are networked which expand the area that our police officers can search and expand the number of police officers that could get wanted persons information from an Atwater event. Images captured by the Flock system are deleted by default in 30 days. They can be held longer with the approval of the local governing body. Our investigative staff have routinely used data older than 30 days to solve crimes. Particularly financial crimes that are not discovered for several weeks after they are committed. Staff recommends adopting a 120-day retention policy on Flock images to balance privacy interests with the need to retain data for criminal investigations.
The Police Department proposes to initially deploy Automated license plate reader
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
(ALPR) cameras to the following locations:
1. Bellevue Rd. and Shaffer
2. Shaffer and Atwater Blvd
The department has identified these locations as prime locations that feature heavy traffic loads and are critical ingress and egress locations for suspects in criminal events.
If future funding is available, the system is easily scalable to include other key locations throughout the city.
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:
1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The proposed purchase meets all three definitions of the sole source requirement in the following ways:
1. Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.
2. The Flock Safety ALPR camera is the only Law Enforcement Grade ALPR System to offer the following combination of features:
• Machine vision to analyze vehicle license plate, state recognition, vehicle color, vehicle type, vehicle make and objects (roof rack, unique hubcap, etc.) based on image analytics (not car registration data) • Machine vision to capture and identify characteristics of vehicles with paper license plates and vehicles with the absence of a license plate
Agenda Report - Page 3
• Ability to capture two (2) lanes of traffic simultaneously with a single camera from a vertical mass
• Ability to ‘Save Search’ based on description of vehicles using patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
• Wireless deployment of license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
• Ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
• On device machine processing to limit LTE bandwidth consumption • Cloud storage of footage
• Direct integration with Axon Evidence.com
• Web-based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
• Utilizes motion capture to start and stop recording without the need for a reflective plate
• Privacy controls to enable certain vehicles to “opt-out” of being captured • Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
• Covert industrial design for minimizing visual pollution • Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation.
3. In use in other Merced county agencies
For these reasons, staff is recommending approval to enter into a purchase agreement with Flock Safety to acquire a new fixed location automated license plate recognition (alpr) system.
Agenda Report - Page 4
II. FISCAL IMPACTS:
The total cost of the fixed location automated license plate recognition (alpr) system, to include installation, engineering and sales tax, is approximately $50,000. After the purchase and installation, ongoing maintenance of the system will need to be budgeted in future fiscal years. This expenditure is budgeted in the FY 23-24 budget in 0004-2021-6021 Public Safety Transactions and Use Tax Machinery and Equipment.
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 and is a step to complete the Police Department’s strategic plan presented on April 8th, 2019. This item also comply with the goals and objectives of the Public Safety Transactions and Use Tax.
This item is consistent with goal numbers one (1) and two (2) of the CIty's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This 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 approval, staff will coordinate the execution of the agreement and purchase order.
Submitted by:
Agenda Report - Page 5
Michael Salvador, Police Chief
Approved by:
Lori Waterman, City Manager
Attachments:
1. Atwater PD x Flock Quote
2. CA - Atwater PD - Law Enforcement Agreement
3. Sole Source Memo
Flock Safety + CA - Atwater PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Caroline Fraher
[email protected]
3108443659
Created Date: 11/08/2023
Expiration Date: 11/26/2023
Quote Number: Q-50423
PO Number:
Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.
Bill To: 750 Bellevue Rd Atwater, California 95301 Ship To: 750 Bellevue Rd Atwater, California 95301 Billing Company Name: CA - Atwater PD Subscription Term: 24 Months Billing Contact Name: Payment Terms: Net 30
Billing Email Address: Retention Period: 30 Days
Billing Phone: Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $24,000.00
Flock Safety LPR Products
Flock Safety Falcon ® Included 8 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 8 $1,200.00
Subtotal Year 1: $25,200.00
Annual Recurring Subtotal: $24,000.00
Estimated Tax: $0.00
Contract Total: $49,200.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change.
Billing Schedule Amount (USD)
Year 1
At Contract Signing $25,200.00
Annual Recurring after Year 1 $24,000.00
Contract Total $49,200.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety Falcon ® An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services -
Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Community
FlockOS Features Description
Flock Safety + CA - Atwater PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Caroline Fraher
[email protected]
3108443659
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.
Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
EXHIBIT A
ORDER FORM
Customer: CA - Atwater PD Initial Term: 24 Months
Legal Entity Name: CA - Atwater PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Address: 750 Bellevue Rd Atwater, California 95301
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $24,000.00
Flock Safety LPR Products
Flock Safety Falcon ® Included 8 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 8 $1,200.00
Subtotal Year 1: $25,200.00
Annual Recurring Subtotal: $24,000.00
Estimated Tax: $0.00
Contract Total: $49,200.00
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $25,200.00
Annual Recurring after Year 1 $24,000.00
Contract Total $49,200.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Community
FlockOS Features Description
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Atwater PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 27 day of October 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages,
text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any
such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or
withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6.
8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY
APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID
AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
City of Atwater
Police Department
Michael Salvador, Chief of Police 750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6384
Fax: (209) 358-5256
E-Mail: [email protected]
Date: November 8, 2023
To: Lori Waterman, City Manager
From: Michael Salvador, Chief of Police
Subject: Sole Source Purchase request
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases,” under certain circumstances, the City’s bidding requirements may be dispensed with when the services or goods are only available from one source because of:
1. The brand of trade name article, goods, or products or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The purchasing of Flock Safety ALPR is necessary to complement the departments current Axon Body Camera system and it integration with the proposed Axon Fleet 3 in car video system. This system is also in use and integrates with existing Merced County Agencies ALPR systems.
The requested purchase meets the requirements as outlined in items 1 and 3 under “Sole Source Purchases” therefore I am requesting the lease purchase be declared a sole source purchase.
Respectfully submitted.
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED
BY:
Michael Salvador, Police Chief
SUBJECT: Approving an Equipment/Software Lease-Purchase Agreement with Axon Taser for the Lease-Purchase of an In Vehicle Camera System (Police Chief Salvador)
RECOMMENDED COUNCIL ACTION
Approves an Equipment/Software Lease-Purchase Agreement with Axon Taser for the lease-purchase of an In Vehicle Camera System not to exceed $55,000.00; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
The Police Department currently equips its officers with the Taser Body Camera system via a five-year lease. The growth of the department and increases in department activity has exposed a need for the system to be expanded to include an in-car video solution.
The Department received a proposal from Taser to expand the system to include the incar solution, to accommodate the growth in the department and activity. Selecting this vendor also provides integration between the current body camera system and the proposed license plate camera system. This package supplies not only the camera equipment but the necessary storage and technology upgrades needed to keep the department current. The Department has made appropriate plans by sourcing a lease option to fill its needs versus a large capital outlay. The department has also taken into consideration leasing enough equipment to accommodate department expansion. This critical equipment replacement fulfills a critical officer safety need.
Generally, the Atwater Municipal Code (AMC) requires all purchases which exceed $25,000 in price to be competitively bid through the City’s centralized purchasing requirements. However, AMC section 3.04.110 expressly provides that the centralized purchasing requirements may be dispensed with for (i) sole source purchases or (ii) when approved by City Council to take advantage of unique cost-saving opportunities.
As detailed below, both exceptions apply to this purchase, allowing the Council to waive the formal, centralized purchasing requirements.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:
1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The proposed package includes a complete body camera system. This system includes cameras, chargers, mounting equipment, cloud storage, management software, and “Evidence.com” software. The software to utilize Evidence.com will provide the City with the ability to integrate/interface directly with other Merced County law enforcement agencies, including the District Attorney’s Office, Merced Police Department, and Merced County Sheriff’s Office. The following benefits are achieved with Axon Taser:
Axon Taser is a fully integrated system (one database). Additionally, Sun Ridge Systems has a module to allow Axon’s Evidence.com to integrate and catalog videos to the case number it was drawn from.
Axon Taser provides an “evergreen” yearly support plan, which ensures the system always updates to its most recent version, without additional costs. This reduces the workload impact on the City of Atwater Information Technology and Police personnel as it offers not only a fully supported body camera software and hardware package, but also engineering team support from Axon Taser to assist with the updated system versions, equipment replacement, and upgrades.
• No other commercial vehicle camera hardware and software package will provide the department with the represented features, interoperability potential, and cost savings potential.
• These features will ultimately allow for the Atwater Police Department to better serve our community. This item executes a goal of the 2019 Police Department Strategic Plan by deploying modern law enforcement tools to enhance service delivery, transparency, and professionalism.
In addition to this product being a sole source within the meaning AMC 3.04.110(C), centralized bidding procedures may also be waived here because it represents the only viable opportunity for the City to “take advantage of unique cost-saving opportunities.” The lease purchase of the Axon Taser in vehicle Camera System is the best and only
Agenda Report - Page 3
acceptable alternative that will yield the deployment of an integrated system in a costeffective manner.
For all the reasons set forth above, including those applicable to the sole source of justification, this is also a purchase that represents a unique cost-savings opportunity for the City. Therefore, staff is recommending approval to enter into a lease-purchase agreement with Axon Taser to acquire an enhanced in-vehicle camera system.
II. FISCAL IMPACTS:
This item was budgeted in the FY 23-24 budget in account number 0001-2021-3034 Police Field Operations rents and leases for a not to exceed amount of $55,000.
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 and is a step to complete the Police Department’s strategic plan presented on April 8th, 2019.
This item is consistent with goal numbers one (1) and two (2) of the CIty's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This 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 approval, staff will coordinate the execution of the Agreement.
Agenda Report - Page 4
Submitted by:
Michael Salvador, Police Chief
Approved by:
Lori Waterman, City Manager
Attachments:
1. Sole source Memo
City of Atwater
Police Department
Michael Salvador, Chief of Police 750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6384
Fax: (209) 358-5256
E-Mail: [email protected]
Date: November 8, 2023
To: Lori Waterman, City Manager
From: Michael Salvador, Chief of Police
Subject: Sole Source Purchase request
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases,” under certain circumstances, the City’s bidding requirements may be dispensed with when the services or goods are only available from one source because of:
1. The brand of trade name article, goods, or products or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The purchasing of Axon Fleet 3 in car video system is necessary to complement the departments current Axon Body Camera system and it integration with the proposed Flock ALPR camera system use by Merced County Agencies.
The requested purchase meets the requirements as outlined in items 1 and 3 under “Sole Source Purchases” therefore I am requesting the lease purchase be declared a sole source purchase.
Respectfully submitted.
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: John Seymour, City Engineer
PREPARED
BY:
John Seymour, City Engineer
SUBJECT: Approving On-Call Professional Services Agreements with various consultants for On-Call Professional Services for Civil Engineering, Traffic Engineering, Geotechnical, and Construction Inspection/Testing (Deputy City Manager/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Approval of Professional Services On-Call Master Agreements, in a form approved by the City Attorney, with AECOM of Fresno, CA, O'Dell Engineering of Merced, CA, VVH Consulting Engineers of Modesto, CA, Blackwater Consulting Engineers of Modesto, CA, Precision Civil Engineering, Inc. of Fresno, CA, Benchmark Engineering of Modesto, CA, R.E.Y Engineers, Inc of Folsom, CA, QK Inc. of Merced, CA, and SNG & Associates, Inc of Pleasonton, CA, Provost & Pritchard of Clovis,CA, Interwest of Fremont, CA, GHD of Fresno, CA, Terracon Consultants Inc of Lodi, CA, CCME Inc. of Fresno, CA, Crawford and Associates Inc. of Sacramento, CA, Kleinfelder of Fresno, CA, RMA GeoScience of Fresno, CA, ACE Quality Control of Roseville, CA, Krazan & Associates, Inc. of Clovis, CA, BSK Associates of Fresno, CA, TJKM of Pleasanton, CA, JLB Traffic Engineering Inc. of Fresno, CA, Advanced Mobility Group of Walnut Creek, CA, and Minagar & Associates, Inc. of Laguna Hills, CA for various services, in an amount not to exceed $200,000 per Task Order; and authorizes and directs the City Manager, or her designee, to execute the Agreements on behalf of the City.
I. BACKGROUND/ANALYSIS:
As the City of Atwater continues to grow, and with limited in-house resources for some technical expertise, some services may be provided by a consultant or an outside vendor. The Community Development Department, from time to time, is in need of assistance in the following areas:
• Civil Engineering
• Traffic Engineering
• Geotechnical Engineering
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
• Construction Inspection and Testing
To improve efficiencies, including project timelines, staff prepared a Request for Qualifications for On-Call Construction Civil Engineering, Traffic Engineering, Geotechnical, and Construction Inspection Testing Services.
On September 21, 2023, staff released a formal Request for Qualifications (RFQ’s) for on-call Civil Engineering, Traffic Engineering, Geotechnical, and Construction Inspection Testing Services as outlined in the City's Purchasing Manual. The purpose of the request was to seek relationships and contracts for services with companies with the qualifications and requirements identified in the RFQ.
On October 31, 2023, staff reviewed the Statements of Qualifications received under the published request using a qualifications based selection process in determining which consultants to contract with on an "On-Call basis". These services will be on-call requests for various projects within the City of Atwater through the On-Call Master Agreements. The contracts will be for a period of three years, with an option of two (2) one-year extensions including any amendments for each category.
The Master Agreements will allow the City to request the services of the retained Consultants on an individual project basis as the need arises. Prior to any work completed under the Master Agreements, the City will solicit a proposal for a specific scope of service from the retained consultants. Proposals will be evaluated based on scope, understanding and schedule. The successful proposal will be given a Task Specific Professional Services Agreement executed by the Consultant and the City once the cost fee has been negotiated.
The Master Agreements with the selected consultants will not limit the City’s ability to seek other proposals for professional services that, at the City’s sole discretion, are outside the scope, ability or availability of the currently retained consultants. The purpose of the Master Agreement arrangement is for the convenience of the City for the projects that are routine and general in nature. For specialized projects, the City may still seek a project specific RFQ.
Consultants listed below shall provide professional services in the following categories:
1. Civil Engineering: AECOM of Fresno, CA, Benchmark of Modesto, CA, Blackwater Consulting Engineers of Modesto, CA, GHD of Fresno, CA, Interwest of Fremont, CA, O'Dell Engineering of Merced, CA, Precision Engineering of Fresno, CA, Provost and Pritchard of Clovis, CA, QK Inc. of Merced, CA, SNG Associates of Pleasanton, CA, VVH consulting Engineers of Modesto,CA.
2. Traffic Engineering: Advanced Mobility Group of Walnut Creek, CA, GHD of Fresno, CA, Interwest of Fremont,CA, JLB of Fresno, CA, Minagar and Associates of Laguna Hills, CA, Provost and Pritchard of Clovis, CA, TJKM of Pleasanton, CA.
Agenda Report - Page 3
3. Geotechnical Engineering: BSK of Fresno, CA, ACE Quality Control of Roseville, CA, Crawford and Associates of Sacramento, CA, GHD of Fresno, CA, Kleinfelder of Fresno, CA, Krazan of Clovis, CA, RMA GeoScience of Fresno, CA, Terracon of Lodi, CA
4. Construction Inspection and Testing: BSK of Fresno, CA, ACE Quality Control of Roseville, CA, CCME Inc of Fresno, CA, GHD of Fresno, CA, Interwest of Fremont, CA, Krazan of Clovis, CA, RMA GeoScience of Fresno, CA, and Terracon of Lodi, CA.
Consultants shall provide professional services to the City of Atwater on an as-needed basis (on-call). The examples of the types of projects that may require professional services under this On-Call Master Agreement may include, but are not limited to:
Strategic Consulting, Real Estate Consulting, Development Management, Financial Services, Project Management, Project Delivery, Right of Way Acquisitions, and Staff Augmentation.
II. FISCAL IMPACTS:
The fiscal impacts associated with the Professional Services Agreements shall be budgeted accordingly and included in the individual project budgets. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the CIty's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as professional services agreements do not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
Agenda Report - Page 4
IX. STEPS FOLLOWING APPROVAL:
Upon approval by City Council, the Professional Services Agreements will be executed and processed per City policies and procedures.
Submitted by:
Greg Thompson, Deputy City Manager/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. On-Call Master PSA (2.1.21)
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 1 of 16
ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND ___________ (PROFESSIONAL)
THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and ________________, a _________________ , (“Professional”) as of ______________ (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties.”
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date noted above and shall end on March 29,2025. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 2 of 16
Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
▪ The Professional’s signature; and
▪ Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 3 of 16
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.
City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 4 of 16
records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS ($2,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 5 of 16
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 6 of 16
d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.
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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
On-Call Master Professional Services Agreement between {DATE} City of Atwater and _________________ Page 8 of 16
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section
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2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Section 6. STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
Professional shall not allow any employee to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon _______ days’ prior written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years shall require a written amendment to this Agreement as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
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Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.
Section 10. KEEPING AND STATUS OF RECORDS.
10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.
10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 11. MISCELLANEOUS PROVISIONS.
11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
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11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.
11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.
Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
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11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
11.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
11.10 Notices. Any written notice to Professional shall be sent to:
__________________________
__________________________
__________________________
Any written notice to City shall be sent to:
__________________________
__________________________
__________________________
11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
11.12 Integration. This Agreement, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit C Public Works Requirements
11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
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11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.
11.16 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Professional
Attest:
____________________________
Kory J. Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney
Exhibit A to Professional Services Agreement between {DATE} City of Atwater and ___________________ Page 1 of 1
EXHIBIT A
SCOPE OF WORK
Exhibit B to Professional Services Agreement between {DATE} City of Atwater and ______________ Page 1 of 1
EXHIBIT B
FEE SCHEDULE
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED
BY:
Michael Salvador, Police Chief
SUBJECT: Authorizing the Initiation of the Purchasing Process for Ballistic Helmets and an Unmanned Aerial Vehicle to benefit the Police Department (Police Chief Salvador)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution 3433-23 Authorizing the Initiation of the Purchasing Process for Ballistic Helmets and an Unmanned Aerial Vehicle to benefit the Police Department.
I. BACKGROUND/ANALYSIS:
The City of Atwater Police Department is continuously searching for equipment to increase its efficiency to provide the highest quality of service. Effective January 1, 2022, Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use Policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment.
The Police Department currently uses ballistic helmets as a part of an officers' body armor equipment suite. The current helmets are at their end of life and need to be replaced with newer helmet technology. The Department recently gained council approval to apply for and receive a federal grant to assist the agency in the purchase of the new helmets. The department is proposing the purchase of 12 current generation ballistic helmets. These helmets will be available to be deployed to patrol personnel in critical situations to provide enhanced ballistic protection.
The Department is also requesting permission to purchase and deploy unmanned aerial vehicles (drones). Law enforcement agencies around the world are using them in more ways to save lives and enhance the safety of officers.
Drones have had a major impact in the areas of traffic crash reconstruction, reconnaissance before tactical deployments, SWAT overwatch, hostage situations, forensic investigations, patrol-deployed operations, searches for lost persons, tethered operations, traffic pattern evaluation and first response. They are a cost effective and
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
rapid way to provide aerial surveillance and information gathering that was traditionally provided by the use of helicopters. Drones have progressed in capability to be able to also search the interior of buildings. They are low maintenance, inexpensive, and with the proper training, extremely effective at gathering evidence or protecting officers in potentially hazardous situations.
Currently, the police department has to rely upon allied agencies to provide this capability. The response time upon the request of the resource is a minimum of an hour.
The Department plans to have a drone available for shift deployment from an on-duty patrol vehicle for immediate response to a call for service.With the continued staffing challenges that the police department faces in a rapidly growing community, the addition of drones to the resource list is a force multiplier the Department needs.
Both these items qualify as military equipment pursuant to Government Code sections 7070-7075 where the department is required to request permission to purchase or acquire these items in an open public meeting. The Council must find that the equipment is necessary for the public safety mission.
These items are currently in the approved FY 23-24 budget. Estimated costs of the equipment are expected to be under $15,000 per equipment type. Staff will follow the established city purchasing rules requiring informal bids for the equipment. Upon approval, the items will be added to the Police Department's military equipment policy.
Staff recommends a finding that these pieces of equipment are necessary for the department to carry out its public safety mission and the City Council authorizes the initiation of the purchasing process to acquire the equipment.
II. FISCAL IMPACTS:
The equipment requested has been budgeted in the FY 23-24 budget, 0004-2021-6021, Public Safety Transaction and Use Tax, Machinery and Equipment, Drone Program and 1005-2038-2021, Police Grants Fund. Bureau of Justice Assistance Grant, Special Departmental Expense. No additional appropriations are required.
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:
Pursuant to AB481 that was signed into law in 2021, this equipment is defined as military equipment. Prior to purchasing of the equipment, the City Council must approve the acquisition and the addition of the equipment to the Police Department's authorized military equipment policy (Policy 710).
V. ALTERNATIVES:
Agenda Report - Page 3
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to speak prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not considered a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3) and 15061(b)(3) of the State CEQA Guidelines. This item will not result in a direct or foreseeable indirect physical change in the environment as it does not authorize the construction of any new structures or other physical changes to the environment.
IX. STEPS FOLLOWING APPROVAL:
The Department will commence the process of purchasing the equipment pursuant to the City purchasing manual.
Submitted by:
Michael Salvador, Police Chief
Approved by:
Lori Waterman, City Manager
Attachments:
1. 3433-23 Initiation of the Purchasing Process for Ballistic Helmets and an Unmanned Aerial Vehicle to benefit the Police Department
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3433-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER AUTHORIZING THE
INITIATION OF THE PURCHASING PROCESS FOR
BALLISTIC HELMETS AND AN UNMANNED
AERIAL VEHICLE (DRONE) TO THE CITY OF
ATWATER POLICE DEPARTMENT
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481 or the Bill), codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use Policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment.; and
WHEREAS, the City Council of the City of Atwater approved Ordinance CS 1045, establishing a Military Equipment Use Policy for the Atwater Police Department (APD); and
WHEREAS, the City Council of the City of Atwater finds that APD is committed to using the most up-to-date tools and equipment to safeguard the citizens of Atwater. Many items deemed to be “military equipment” by AB 481 are in fact employed by APD, and LEA’s across the country, to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, the City Council of the City of Atwater finds that updated ballistic helmets and unmanned aerial vehicles(drones) are needed to provide the Atwater Police with the most up-to-date tools and equipment to safeguard the citizens of Atwater.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the Police Department to initiate the purchasing process with the intent to acquire ballistic helmets and unmanned aerial vehicles.
Resolution No. 3433-23 Page 2
The foregoing resolution is hereby adopted on this 13th day of November 2023.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORYJ. BILLINGS, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager, Greg Thompson, Deputy City Manager/Community Development Director
PREPARED
BY:
Lori Waterman, City Manager
SUBJECT: One Voice Regional Project and Priority Recommendation
RECOMMENDED COUNCIL ACTION
Identify one or more regional priority Project(s) for the 2024 One Voice Program.
I. BACKGROUND/ANALYSIS:
One Voice is a legislative program for the Merced County region comprised of local elected officials and staff to promote issues of regional significance, primarily related to federal legislators and agencies through an annual trip to Washington D.C. The purpose of the program is to communicate regional legislative priorities and advocate for increased funding and/or new or amended legislation. The program is coordinated by Merced County Association of Governments (MCAG) and supports regional projects throughout Merced County. These advocacy trips are important, as they give us the opportunity to share information about our local challenges, initiatives and projects, and build relationships and partnerships with policymakers and staff that will benefit the quality of life in our community. Policy priorities will focus on 2-4 policies that are regional in scope, are based on current federal opportunities, and which have a clear connection between the One Voice policy platform and current regulations.
The 2024 One Voice trip will be held in-person in Washington D.C. May 14-17, 2024, with each jurisdiction identifying 1-3 delegates to participate in the trip, as well as identifying regional projects to present. Staff has identified the following projects that would meet the regional scope.
1) Atwater Regional Wastewater Plant Expansion
2) J7 (Santa Fe) from Winton Way to Avenue Two
3) ACE Train Platorm
II. FISCAL IMPACTS:
There is no fiscal impact associated with identifying and recommending Atwater's 2024 One Voice regional priority projects.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Sufficient funding for the One Voice trip was budgeted and is available in the 2023-24 Fiscal Year Budget: General Fund, Mayor and City Council, Travel and Conferences Account No. 0001.1000.3037, and General Fund, City Administration/City Clerk, Travel and Conferences Account No. 0001.1010.3037.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the CIty's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
The City Manager's Office has worked closely with the Community Development Department and Public Works Department to identify appropriate projects for recommendation by the City Council as Atwater's 2024 One Voice regional project priorities.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a "project" under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Following City Council direction, 2024 proposed project priority recommendations will be submitted to MCAG.
Submitted by:
Greg Thompson, Deputy City Manager/Community Development Director
Agenda Report - Page 3
Submitted and Approved by:
Lori Waterman, City Manager
Attachments:
1. Atwater Regional Wastewater Plant Expansion
2. J7 ( Santa Fe) from Winton Way to Avenue Two
3. ACE Train Station
Request:
The City of Atwater (City) is seeking $15,000,000 in funding to expand the current Regional Wastewater Treatment Plant from a 6 million gallon a day plant to an 8 million gallon a day plant.
Description:
The proposed project includes construction of additional oxidation ditches, clarifiers, digestors, and other miscellaneous materials at the current Regional Wastewater Treatment Plant.
Necessity:
The current Regional Treatment Plant was constructed in 2012. Originally the plant was designed as a 12 million gallon a day plant, but funding ran low and it was ultimately constructed as a 6 million gallon a day plant. The regional plant receives water from the City of Atwater, Merced County, and the community of Winton. Due to future housing requirements by the State, expansion of the plant will need to be completed to meet these demands.
Funding Request
The city is seeking funding for project construction. Should the City be unable to secure an additional funding source for this project, the construction of these improvements will likely be funded by rate increases and bonds.
Beneficiaries:
• City of Atwater residents
• Residents of the Community of Winton
• County of Merced businesses
• United States Federal Penitentiary
Atwater Regional Wastewater Plant Expansion
DEPARTMENT FACILITY
CONTACT
Lori Waterman
City Manager
City of Atwater
209-357-6201
[email protected]
Request:
The City of Atwater (City) is seeking $5,000,000 in
funding for the rehabilitation of approximately 4
miles of road surface from Winton Way to Avenue
Two.
Description:
The proposed project includes the design and
rehabilitation of approximately 4 miles of road
surface from Winton Way to Avenue Two and will
include design services at Shaffer Road and Spaceport
Drive.
Necessity:
The proposed project area is recognized on the
National Highway system as a transportation corridor
that connects the Northwest portion of Merced
County to the City of Atwater and City of Merced. Due
to the recent storms that the County of Merced and
surrounding areas experienced in late 2022 and early
2023, several miles of this transportation corridor
road surfaces were deteriorated. The project will
rehabilitate these surface areas and redesign connective points at Shaffer Road and Spaceport Drive.
Funding Request
The City is seeking funding for project rehabilitation and design. Should the City be unable to secure an additional funding source for this project, the roadway will continue to deteriorate and gives rises to problems such as safety and economics.
Beneficiaries:
• City of Atwater residents
• Residents of the Community of Winton
• City of Merced residents
• County of Merced residents
• United States Federal Penitentiary
J7 (Santa Fe) from Winton Way to Avenue Two
DEPARTMENT FACILITY
CONTACT
Lori Waterman
City Manager
City of Atwater
209-357-6201
[email protected]
Request:
The City of Atwater (City) is seeking $2,000,000 in funding to perform an environmental review for a platform to accommodate the future ACE Train expansion.
Description:
The proposed project includes construction of a platform and other parking upgrades at the city’s current transportation center to provide a stop for the ACE Train.
Necessity:
The City of Atwater Transportation Center is located near an expressway to the City of Merced and to UC Merced. This ACE Train stop would reduce VMT emissions by ride sharing opportunities through the regional bus transportation.
Funding Request
The city is seeking funding to perform an environmental review for the ACE Train Station. Should the City be unable to secure an additional funding source for this project, the construction of these improvements will likely be funded by the city’s general fund.
Beneficiaries:
• City of Atwater residents
• City of Merced residents
• UC Merced students
• City of Livingston residents
ACE Train Station/Platform
DEPARTMENT FACILITY
CONTACT
Lori Waterman
City Manager
City of Atwater
209-357-6201
[email protected]
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 13, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Ana Jaramillo, Executive Assistant
SUBJECT: Approving Budget Amendment regarding the Water Fund Capital Replacement for the Purchase of Water Meters and Transmitters (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Motion to Adopt Resolution No. 3439-23 Approving Budget Amendment No. 8 Amending the 2023-24 Fiscal Year budget regarding the Water Fund Capital Replacement; and
Motion to waive the Formal Procurement Process and award a sole source purchase to Aqua Metric of Sacramento, California for water meters and transmitters, in an amount not to exceed $1,568,891.73; and authorizes and directs the City Manager, or her designee, to execute the Purchase Order on behalf of the City; or Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
In 2004, the California State Legislative passed Assembly Bill No. 2572 amending the California Water Code. This Bill required a water supplier beginning on or before January 1, 2010 to start reading water meters and charging on a water volume-based measurement on all connections installed on or after January 1, 1992. By 2025, the water supplier must have all other water connections prior to January 1, 1992 on water meters and be charged on a water volume-based measurement.
Currently, over half of the City services are metered. The city has approximately 4,100 metered water services, but still needs to install water meters at approximately 3,429 services (some of which have more than one water service) throughout the city.
Staff have been installing meters as they receive them, but now need to start placing larger orders in order to have all the meters installed by the 2025 due date. Staff will be purchasing 3,500 water meters and 3,500 transmitters with this purchase order as shown in "Exhibit A". The transmitters are what send the meter readings to the city's radio tower to be stored in the city's database.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
In accordance with the City of Atwater Purchasing System Manual, Section 9- Procurement Methods, "Sole Source Purchases", City formal bidding requirements may be dispensed when the services or goods are only available from one source either because: (1) the brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or (2) the item or service is unique and available only form a sole source; or (30 the item or service is designed to match others already in use or nexesary to be compatible with others already in use".
Sensus branded products are used for the city's water meter system. Aqua Metric is the only authorized local distributor in the area to sell and service Sensus Metering Systems products, which are the only compatible meters and transmitters for the city's meter system. Aqua Metric has provided documentation stating this information as seen in "Exhibit B".
II. FISCAL IMPACTS:
Upon adoption of Resolution No. 3439-23, approving Budget Amendment No. 8, the approved budget amendment will increase the expense account 6001-1080-L014, Water Fund Capital Replacement, Installation-New Water Meters, Account No. 6001.1080.L014 for Fiscal Year 2023-24, in the amount of $1,600,000. Upon transfer, the Water Fund Capital Replacement Fund will have sufficient funds.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City's Strategic Plan: to ensure the City's continued financial stability.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been routed and reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not considered a "project" under Section 21065 of the Public Resources Code as it will not directly or reasonably indirectly affect the physical environment and therefore is not subject to review or analysis.
Agenda Report - Page 3
IX. STEPS FOLLOWING APPROVAL:
The Public Works Department will coordinate with Administration and Finance to execute the Purchase Order.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Exhibit A - Aqua Metric Quote
2. Resolution 3439-23 Amending 2023-24 FY Budget regarding Water Fund Capital Replacement, Installation-New Water Meters
Sales Quote QT00008605
Aqua-Metric Sales Company
November 01, 2023
Summer Vang
1060 National Dr Ste 5 | Sacramento, CA 95834-2972
Phone: | Facsimile:
Quote for:
Attention:
Address:
Phone:
Email:
City, State, Zip: ATWATER, CA 95301-2859
750 Bellevue Rd
City of Atwater
US
Quantity Description Unit Price Line Total
120 EA ALLY40TR 3/4" L ALLY TR/PL 1GAL 485.00 58,200.00 1622 EA S402TR 3/4" L SR II TR/PL 1GAL 193.00 313,046.00 1641 EA S502TR 1" SR II TR/PL 1GAL 262.00 429,942.00
10 EA OMNIR11-2 1 1/2" OMNI R2 1GAL 698.00 6,980.00
40 EA OMNIR2 2" OMNI R2 1GAL 972.00 38,880.00
3500 EA MXU520MSP MXU 520 M SINGLE PORT T/C 174.00 609,000.00 Sales Tax 112,843.73
Subtotal 1,456,048.00
1,568,891.73
This quote for the product and services named above is subject to the following terms:
1. All quotes are subject to the Aqua-Metric Terms of Sales.
2. Quote is valid for thirty days.
3. If modifications in materials, labor or processing are required to meet new regulations, the pricing submitted herein is subject to immediate change.
4. Freight allowed on single orders exceeding $20,000.00.
5. Net Thirty Days to Pay.
6. Returned production may be subject to a 25% restocking fee.
7. Sales Tax and/or Freight charges are approximated and may vary on final invoice.
Total
Proprietary and Confidential Page 1 of 1
RESOLUTION NO. 3439-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 8 AMENDING 2023-24 FISCAL
YEAR BUDGET REGARDING WATER FUND
CAPITAL REPLACEMENT, INSTALLATION-NEW
WATER METERS
WHEREAS, the City Council adopted Resolution No. 3397-23 adopting the 2023-2024 Fiscal Year Budget on June 12, 2023; and
WHEREAS, from time to time, in order to operate effectively, it is necessary to amend the said budget; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atwater does hereby approve Budget Amendment No. 8 to the 2023-24 Fiscal Year Budget as follows:
SECTION 1: Increasing budget in Water Fund Capital Replacement for the InstallationNew Water Meters for FY 2023-2024 Increase Budget
(Expense)
6001-1080-
L014
Purchase of Water
Meters and
Transmitters
$1,600,000
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’s office.
The foregoing resolution is hereby adopted this 13th day of November 2023.
CITY COUNCIL
OF THE
CITY OF ATWATER
Resolution No. 3439-23 Page 2
AYES:
NOES:
ABSENT:
APPROVED:
MIKE NELSON, MAYOR
ATTEST:
KORY BILLINGS, CITY CLERK
GOVERNING BOARD MEETING SUMMARY
October 19, 2023
Directors Present: Chair Josh Pedrozo, Vice Chair Paul Llanez, April Hogue, Matt Serratto, Lloyd Pareira, Scott Silveira (virtual), Pat Nagy, Mike Nelson, Daron McDaniel, Gurpal Samra
Directors Absent: Rodrigo Espinosa
Prior to the regular board meeting, MCAG held a workshop to discuss the 2024 State Transportation Improvement Program, and new transit funding provided under SB 125.
At the regular board meeting, the MCAG Governing Board:
• Appointed two individuals to the Measure V Citizens Oversight Committee: Josh Lepper as a building industry representative, and Michael Amabile as a representative from the City of Los Banos.
• Appointed Jose Perez, Assistant Transit Manager with the Transit Joint Powers Authority for Merced County to the Social Services Transportation Advisory Council. • Adopted the final Merced County Water and Sewer Infrastructure Capacity Assessment. • Adopted the REAP 2.0 Local Suballocation Grant Program, the Regional Competitive Grant Program, the Regional Competitive Grant Program Guidelines and directed staff to issue the Call for Applications.
• Authorized the Executive Director to enter into a contract for the development of a transit coordination study in the amount of $165,602 with LSC Transportation Consultants, Inc. • Adopted the 2024 One Voice program goals and schedule. • Directed staff to draft the 2024 Regional Transportation Improvement Program with the fund balance programmed to AME Phase 1B in FY 2027/28.
• Received a presentation from staff on the proposed rescission of the freeway declaration for the unconstructed portions of SR 152 between Santa Fe Grade and SR 59. • Received a presentation from staff on SB 125 which provided new transit formula funding.
MCAG will receive $33,557,592 over four fiscal years for transit capital and operations projects with The Bus, YARTS and rail partners.
The TJPA Governing Board:
• Authorized the Executive Director to execute a CMAQ Program Supplement Agreement via Resolution.
The RWA Governing Board:
• Authorized the Executive Director to enter into a contract for the construction of the Billy Wright landfill LCRS power system in the amount of $151,283 with American Elite Electric, Inc. • Authorized the Executive Director to enter into a contract for drilling services for monitoring well installation and development in the amount of $119,468 with Gregory Drilling. • Adopted the following FY 2023/24 budget amendments:
o Increased the FY 2023/24 Operations Budget total revenue by $4,300,000 to reflect additional revenue anticipated from gate fees, importation, and organics processing contracts.
▪ $300,000 in new revenue from the contract with Agromin for the processing of organic waste at the Hwy 59 landfill.
▪ $4,000,000 in additional revenue to better reflect historical data for actual tonnages and revenue generating contracts.
o Amended the FY 2023/24 Capital Budget not to exceed $500,000 to add the Billy Wright Road Rehabilitation Project to be funded by unencumbered capital funds. o Amended the FY 2023/24 Fleet Budget to add a line-item expenditure in the amount of $1,250,000 for the purchase of a new scraper to be funded by unencumbered capital funds.
OTHER NOTABLE ITEMS
• Caltrans updates from Marlon Regisford
o The Clean California Grant Program cycle 2 awarded Merced County $2.89 million to renovate O’Banion Park in Dos Palos.
o The Sustainable Transportation Planning Grant Program is taking applications through January 18, 2024.
o Caltrans is starting to evaluate partnerships withing the D10 area for SB1 Cycle 4. o Mr. Regisford announced that this would be his last Governing Board meeting, as he accepted a position in a different district.
• TJPA will hold a ribbon cutting on November 1, 2023 @ 9:00 a.m., at the TJPA Transit Facility located at 1950 Wardrobe Avenue, Merced, for the first zero-emission bus going into service. • Director Llanez invited attendees to the grand opening of the Los Banos Police Department on November 3, 2023.