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
February 12, 2024
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 - Government Code Section 54956.9(d)(1): Name of case: Coronado v. City of Atwater; Case No. 19CV-02044
• Public Employee Appointment (pursuant to Government Code Section 54957): Title: City Manager
City Council Agenda for Meeting of February 12, 2024 Page 2 REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00PM
INVOCATION:
Invocation by Chaplain Jim McClellan
PLEDGE OF ALLEGIANCE TO THE FLAG:
ROLL CALL: (City Council)
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.
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 a Councilmember requests separate discussion on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS:
1. February 12, 2024
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (City Council)
2. a.) January 10, 2024 - Special meeting
b.) January 22, 2024 - Special meeting
c.) January 22, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
City Council Agenda for Meeting of February 12, 2024 Page 3 AGREEMENTS:
3. Approving Memorandum of Understanding with the County of Merced Office of Emergency Services for the State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises (CAL FIRE Battalion Chief Ayuso)
Staff's Recommendation: Approval of the Memorandum of
Understanding, in a form approved by the City Attorney, with the County of Merced Office of Emergency Services for the State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises; and authorizes and directs the City Manager, or designee, to execute any and all documents related to the Memorandum of Understanding on behalf of the City.
4. Authorizing and Approving Cooperative Purchase Agreement with Facility Designs for Purchase of Office Furniture (Public Works Director Vinson)
Staff's Recommendation: Authorizes and approves a Cooperative Purchase Agreement in a form approved by the City Attorney, to Facility Designs of Fresno, California, for the purchase of office furniture, in an amount not to exceed $329,692.87; and authorizes and directs the City Manager, or designee, to execute the Cooperative Purchase Agreement on behalf of the City.
OTHER ACTIONABLE ITEMS:
5. Approving Specifications and Authorizing Advertising and Calling for Bids for Community Center Roof Repairs (Public Works Director Vinson) Staff's Recommendation: Approves the specifications and authorizes advertising and calling for bids for the Community Center Roof Repairs, Project No. 24-01, Bid Call Number 726-24. ***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:
6. Fire Department 2023 Annual Report (CAL FIRE Battalion Chief Ayuso)
7. Police Department 2023 Annual Report (Police Chief Salvador)
8. Verbal Update Regarding Recent Storm Events and Planning Efforts (Public Works Director Vinson)
CITY MANAGER REPORTS/UPDATES:
9. City Manager Updates
City Council Agenda for Meeting of February 12, 2024 Page 4 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:
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 during normal business hours at 1160 Fifth Street, Atwater, California.
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, Atwater, California.
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
City Council Agenda for Meeting of February 12, 2024 Page 5 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.
4 18
11 25
5 19
26 12
27 6
20 13
1 8
22 15
2 9
23 16
3 10
24 17
7 21
14 28 29
FEBRUARY 2024
S U N M O N T U E W E D T H U F R I S A T
City Council
Meeting - 6:00 PM
Trash pick up
delayed - 1 day
City Holiday
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Audit & Finance
Meeting - 4:30 PM
City Council
Meeting - 6:00 PM
General Plan
Workshop #2 @
6:00PM -
Location TBD
4 18
11 25
3 10
24 17
31 MARCH 2024
S U N M O N T U E W E D T H U F R I S A T
5 19
26 12
27 6
20 13
1 8
22 15
2 9
23 16
7 21
14 28 29 30
Citizens’
Oversight Committee
Meeting - 5:30 PM
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Audit & Finance
Meeting - 4:30 PM
City Council
Meeting - 6:00 PM
City Council
Meeting - 6:00 PM
Daylight Saving
Time Begins
City of Atwater
Spring Clean up
7:00 AM - Noon
WARRANT SUMMARY FOR FEBRUARY 12, 2024
PREPARED BY: JOSEPH MURILLO
ACCOUNTS PAYABLE WARRANT $ 2,147,983.11
PREWRITTENS (CHECKS PROCESSED BETWEEN WARRANTS) $ 10,652.32
ADDITIONAL WARRANTS
DATE DESCRIPTION AMOUNT
1/26/2024 AIR RESOURCES BOARD $ 2,790.00
1/29/2024 AFLAC $ 542.37
1/29/2024 AFSCME District Council 57 $ 988.04
1/29/2024 APOA Union Dues $ 2,894.20
1/29/2024 EPARS Employee 457 Plan (PNC Bank) $ 4,808.00 1/29/2024 PERS Retirement 1/4/24 - 1/17/24 $ 62,649.72
1/31/2024 Retiree Medical Reimbursement - February 2024 $ 41,813.16 1/29/2024 State Disbursement - Child Support $ 115.38
TOTAL ADDITIONAL WARRANTS $ 116,600.87
PAYROLL
DATE DESCRIPTION AMOUNT
1/25/2024 Net Payroll $ 201,292.18
1/29/2024 Federal Taxes $ 68,378.88
1/29/2024 State Taxes $ 9,014.85
TOTAL PAYROLL $ 278,685.91
GRAND TOTAL $ 2,553,922.21
` Mark'
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
2/8/2024 - 12:22 PM
Z of
twater
760 Bellevue Road, ftMiater CA 9&3Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24356 01/24/2024 General Fund Garnishments US DEPARTMENT OF THE TREASURY 113.03 Check Total: 113.03
24357 01/26/2024 General Fund Communications VERIZON WIRELESS 760.20 24357 01/26/2024 General Fund Communications VERIZON WIRELESS 342.09 Check Total: 1,102.29
24358 01/29/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 24358 01/29/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 Check Total: 67.18
24359 01/29/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 319.59 24359 01/29/2024 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 319.59 Check Total: 639.18
24360 01/31/2024 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 573.49 Check Total: 573.49
24361 01 /31 /2024 Employee Benefits Fund Health Insurance, Retirees MANUEL DURAN 85.37 Check Total: 85.37
24362 01/31/2024 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 410.10 Check Total: 410.10
24363 01/31/2024 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 643.16 Check Total: 643.16
24364 01 /31 /2024 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 867.97 Check Total: 867.97
24365 01/31/2024 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 150.55 AP-Checks for Approval (2/8/2024 - 12:22 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24366 02/02/2024 General Fund Professional Services
Check Total:
CRITICAL INCIDENT VIDEOS LLC
Check Total:
Report Total:
150.55
6,000.00
6,000.00
10,652.32
AP-Checks for Approval (2/8/2024 - 12:22 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
2/8/2024 - 12:24 PM
City of
twater
(: nrnmard1► rwir:f , 'rte
EQ Bellevue Road, CA 9S3Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 02/12/2024 General Fund Office Supplies QUADIENT FINANCE USA INC 2,000.00 0 02/12/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 57,500.00 0 02/12/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 187,090.63 0 02/1212024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 37,830.73 0 02/12/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 88,750.00 0 02/12/2024 General Fund Special Departmental Expense NUANCE COMMUNICATIONS INC 756.12 0 02/12/2024 General Fund Special Departmental Expense NUANCE COMMUNICATIONS INC 350.00 0 02/12/2024 Employee Benefits Fund Unemployment Insurance EMPLOYMENT DEVELOPMENT DEPT. 4,577.00 Check Total: 378,854.48
24367 02/12/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 43.87 24367 02/12/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 24367 02/12/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 130.39 24367 02/12/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 24367 02/12/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 Check Total: 369.86
24368 02/12/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 138.37 24368 02/12/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 138.37 24368 02/12/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 138.37 24368 02/12/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 49.60 24368 02/12/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 49.60 24368 02/12/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 49.60 24368 02/12/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 936.52 24368 02/12/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 936.53 24368 02/12/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 936.53 24368 02/12/2024 Water Enterprise Fund Office Supplies ABS DIRECT INC 1,710.00 24368 02/12/2024 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 1,710.00 24368 02/12/2024 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 1,710.00 Check Total: 8,503.49
24369 02/12/2024 Internal Service Fund Professional Services ADVANCED HEATING & AIR 187.50 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 187.50
24370 02/12/2024 Internal Service Fund Professional Services AERIAL INSPECTION SERVICES 800.00 Check Total: 800.00
24371 02/12/2024 General Fund Special Departmental Expense AIRGAS USA, LLC 117.91 Check Total: 117.91
24372 02/12/2024 Internal Service Fund Professional Services ALLWAYS TOWING LLC 200.00 Check Total: 200.00
24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.56 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 81.40 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.56 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 46.57 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 137.01 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 71.78 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 37.00 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 96.75 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 260.10 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.65 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.76 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 230.43 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 42.18 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 77.82 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 105.73 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.49 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 45.34 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 59.70 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 71.76 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 76.44 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 97.84 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 113.04 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.97 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.76 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 89.38 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 71.76 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 89.38 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 55.60 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 314.43 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 3.23 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.97 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 120.04 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 51.65 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 153.66 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 97.21 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 125.00 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 15.50 24373 02/12/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 18.76 24373 02/12/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.61 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 984.88 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 74.98 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 23.69 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 11.95 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.54 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.04 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.56 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 27.62 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 36.39 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 115.34 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 25.39 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 56.54 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 43.09 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.08 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.37 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 94.90 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 20.36 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.31 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 42.00 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 174.54 24373 02/12/2024 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 43.44 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 17.39 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 21.45 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 47.23 24373 02/12/2024 General Fund Youth Flag Football AMAZON CAPITAL SERVICES 57.09 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 517.58 24373 02/12/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.69 24373 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 36.13 24373 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 18.48 24373 02/12/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 47.83 24373 02/12/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 23.89 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 42.39 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 37.58 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.85 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 23.91 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 152.24 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.44 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24373 02/12/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 469.78 24373 02/12/2024 Information Technology Fund Memberships & Subscriptions AMAZON CAPITAL SERVICES 1,412.66 24373 02/12/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES -29.08 Check Total: 8,047.36
24374 02/12/2024 ARPA-American Rescue Plan Act Police Dept Remodel/Rehab ANDERSON FLOORING, INC. 725.00 Check Total: 725.00
24375 02/12/2024 Internal Service Fund Professional Services ASSOCIATES LOCK & SAFE SERVICE 82.31 24375 02/12/2024 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK & SAFE SERVICE 197.02 24375 02/12/2024 Internal Service Fund Professional Services ASSOCIATES LOCK & SAFE SERVICE 105.00 Check Total: 384.33
24376 02/12/2024 General Fund Communications AT&T CALNET 286.21 Check Total: 286.21
24377 02/12/2024 Water Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 195.00 24377 02/12/2024 Sewer Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 245.00 24377 02/12/2024 Internal Service Fund Professional Services ATWATER CHIROPRACTIC, INC. 130.00 Check Total: 570.00
24378 02/12/2024 Internal Service Fund Special Departmental Expense ATWATER ELECTRIC 1,710.00 24378 02/12/2024 Internal Service Fund Professional Services ATWATER ELECTRIC 1,190.00 24378 02/12/2024 Internal Service Fund Special Departmental Expense ATWATER ELECTRIC 334.60 24378 02/12/2024 Internal Service Fund Professional Services ATWATER ELECTRIC 170.00 Check Total: 3,404.60
24379 02/12/2024 Internal Service Fund Operations & Maintenance ATWATER RADIATOR 1,150.94 Check Total: 1,150.94
24380 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense AUTOZONE STORE #5506 23.75 24380 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense AUTOZONE STORE #5506 13.14 24380 02/12/2024 Internal Service Fund Special Departmental Expense AUTOZONE STORE #5506 29.41 Check Total: 66.30
24381 02/12/2024 Water Enterprise Fund Special Departmental Expense BACKFLOW APPARATUS & VALVE CO. 102.77 Check Total: 102.77
24382 02/12/2024 Internal Service Fund Operations & Maintenance BELKORP AG LLC -471.52 24382 02/12/2024 Sewer Enterprise Fund Special Departmental Expense BELKORP AG LLC 199.90 24382 02/12/2024 Internal Service Fund Operations & Maintenance BELKORP AG LLC 311.16 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 39.54
24383 02/12/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,820.30 24383 02/12/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,013.65 24383 02/12/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,028.59 24383 02/12/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 431.20 24383 02/12/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,371.09 Check Total: 6,664.83
24384 02/12/2024 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 138.56 24384 02/12/2024 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 82.41 24384 02/12/2024 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 61.28 24384 02/12/2024 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 31.65 24384 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 6.38 24384 02/12/2024 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 17.43 24384 02/12/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 167.77 24384 02/12/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 46.53 24384 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 4.83 24384 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 235.50 24384 02/12/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 31.45 24384 02/12/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 32.24 24384 02/12/2024 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 9.68 24384 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 58.16 24384 02/12/2024 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 16.15 24384 02/12/2024 Internal Service Fund Small Tools BIG CREEK LUMBER COMPANY 6.78 24384 02/12/2024 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 19.38 24384 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 152.49 24384 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 33.62 24384 02/12/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 16.08 24384 02/12/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY -43.10 Check Total: 1,125.27
24385 02/12/2024 Internal Service Fund Operations & Maintenance BOBCAT CENTRAL, INC. 477.53 Check Total: 477.53
24386 02/12/2024 Internal Service Fund Uniform & Clothing Expense BOOT BARN 190.30 24386 02/12/2024 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 390.30
24387 02/12/2024 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 387.00 24387 02/12/2024 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES -495.31 24387 02/12/2024 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 1,521.35 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,413.04
24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 102.00 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 127.50 24388 02/12/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 58.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 96.75 24388 02/12/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24388 02/12/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 Check Total: 3,717.75
24389 02/12/2024 General Fund Communications CACEO 54.00 Check Total: 54.00
24390 02/12/2024 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 312.46 24390 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 21.54 24390 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 46.38 24390 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 50.53 24390 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 53.88 24390 02/12/2024 General Fund Special Departmental Expense CAL FARM SERVICES 230.49 24390 02/12/2024 General Fund Professional Services CAL FARM SERVICES 120.00 24390 02/12/2024 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 280.14 Check Total: 1,115.42
24391 02/12/2024 General Fund Travel/Conferences/Meetings JOHN CALE 47.57 24391 02/12/2024 General Fund Travel/Conferences/Meetings JOHN CALE 152.76 Check Total: 200.33
24392 02/12/2024 General Fund Memberships & Subscriptions CALIFORNIA PEACE OFFICER'S ASSOCIATIOr 150.00 24392 02/12/2024 General Fund Memberships & Subscriptions CALIFORNIA PEACE OFFICER'S ASSOCIATIOI` 324.00 Check Total: 474.00
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AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24393 02/12/2024 Water Enterprise Fund Accounts Payable MARIO CARMONA CATALAN 48.29 24393 02/12/2024 Sewer Enterprise Fund Accounts Payable MARIO CARMONA CATALAN 58.02 24393 02/12/2024 Sanitation Enterprise Fund Accounts Payable MARIO CARMONA CATALAN 32.50 Check Total: 138.81
24394 02/12/2024 Water Enterprise Fund Accounts Payable CENTRAL VALLEY PROPERTY MANAGEMENT 40.08 24394 02/12/2024 Sewer Enterprise Fund Accounts Payable CENTRAL VALLEY PROPERTY MANAGEMENT 48.10 24394 02/12/2024 Sanitation Enterprise Fund Accounts Payable CENTRAL VALLEY PROPERTY MANAGEMENT 26.97 Check Total: 115.15
24395 02/12/2024 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 108.00 Check Total: 108.00
24396 02/12/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 24396 02/12/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 24396 02/12/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.47 24396 02/12/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 39.69 24396 02/12/2024 General Fund Uniform & Clothing Expense CINTAS CORP 32.09 24396 02/12/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 67.52 24396 02/12/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 82.02 24396 02/12/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 24396 02/12/2024 General Fund Uniform & Clothing Expense CINTAS CORP 32.09 24396 02/12/2024 General Fund Uniform & Clothing Expense CINTAS CORP 12.86 24396 02/12/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.47 24396 02/12/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 24396 02/12/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 39.69 24396 02/12/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 67.52 24396 02/12/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 82.02 24396 02/12/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 24396 02/12/2024 General Fund Uniform & Clothing Expense CINTAS CORP 44.95 24396 02/12/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 24396 02/12/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 39.69 24396 02/12/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 67.52 24396 02/12/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 82.02 24396 02/12/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.47 Check Total: 871.30
24397 02/12/2024 General Fund Training CITY OF FRESNO 593.00 24397 02/12/2024 General Fund Training CITY OF FRESNO 593.00 Check Total: 1,186.00
24398 02/12/2024 Public Safety Trans & Use Tax Reserve Fire Fighter Program CODE 3 RESCUE 2,300.00 --
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,300.00
24399 02/12/2024 General Fund Professional Services COLE PRO MEDIA LLC 1,000.00 24399 02/12/2024 General Fund Communications COLE PRO MEDIA LLC 2,250.00 24399 02/12/2024 General Fund Professional Services COLE PRO MEDIA LLC 1,000.00 24399 02/12/2024 General Fund Communications COLE PRO MEDIA LLC 2,250.00 Check Total: 6,500.00
24400 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR'. 75.78 24400 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 137.35 Check Total: 213.13
24401 02/12/2024 General Fund Special Departmental Expense COOK'S COMMUNICATIONS 245.00 Check Total: 245.00
24402 02/12/2024 General Fund Special Departmental Expense COPPER WINGS 450.00 Check Total: 450.00
24403 02/12/2024 General Fund Youth Basketball CROWN AWARDS 909.14 Check Total: 909.14
24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24404 02/12/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
24405 02/12/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 4,750.20 24405 02/12/2024 Information Technology Fund Professional Services DATA PATH 7,850.00 24405 02/12/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 24405 02/12/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 730.00 24405 02/12/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 830.00 24405 02/12/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,583.00 24405 02/12/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,617.50 Check Total: 20,449.70
24406 02/12/2024 General Plan Update Fund Professional Services DE NOVO PLANNING GROUP 31,323.00 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 8
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 31,323.00
24407 02/12/2024 Internal Service Fund Professional Services DELRAY TIRE 191.85 24407 02/12/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 17.13 24407 02/12/2024 Internal Service Fund Professional Services DELRAY TIRE 230.25 24407 02/12/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 537.34 Check Total: 976.57
24408 02/12/2024 General Fund Professional Services DEPT. OF JUSTICE 160.00 Check Total: 160.00
24409 02/12/2024 Public Safety Trans & Use Tax Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 879,495.65 Check Total: 879,495.65
24410 02/12/2024 General Fund Community Center Deposits RUDY DIAZ 350.00 Check Total: 350.00
24411 02/12/2024 Water Enterprise Fund Accounts Payable PATRICIA DINSMORE 129.12 Check Total: 129.12
24412 02/12/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -2,431.80 24412 02/12/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 2,702.00 Check Total: 270.20
24413 02/12/2024 Water Enterprise Fund Accounts Payable DEREK DWYER 53.44 24413 02/12/2024 Sewer Enterprise Fund Accounts Payable DEREK DWYER 56.13 24413 02/12/2024 Sanitation Enterprise Fund Accounts Payable DEREK DWYER 31.46 Check Total: 141.03
24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 189.76 24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 25.44 24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 16.54 24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 355.03 24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 414.01 24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 14.61 24414 02/12/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 27.06 Check Total: 1,042.45
24415 02/12/2024 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,241.44 Check Total: 7,241.44
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24416 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 222.56 Check Total: 222.56
24417 02/12/2024 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 77.45 Check Total: 77.45
24418 02/12/2024 General Fund Office Supplies FEDEX 43.30 Check Total: 43.30
24419 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 740.37 24419 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 1,413.48 24419 02/12/2024 Internal Service Fund Special Departmental Expense FERGUSON WATERWORKS #1423 4.00 24419 02/12/2024 Internal Service Fund Special Departmental Expense FERGUSON WATERWORKS #1423 8.65 24419 02/12/2024 Sewer Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS #1423 27.56 24419 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 154.43 24419 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 525.49 24419 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 2,089.12 24419 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 214.65 Check Total: 5,177.75
24420 02/12/2024 Public Safety Trans & Use Tax Machinery & Equipment FLOCK SAFETY 24,000.00 24420 02/12/2024 Public Safety Trans & Use Tax Machinery & Equipment FLOCK SAFETY 1,200.00 Check Total: 25,200.00
24421 02/12/2024 Internal Service Fund Operations & Maintenance FORD PRO 663.05 Check Total: 663.05
24422 02/12/2024 Sewer Enterprise Fund Special Departmental Expense FOSTER'S PUMPS, INC. 225.00 Check Total: 225.00
24423 02/12/2024 Water Enterprise Fund Accounts Payable MARCELINA FRANKLIN 18.33 Check Total: 18.33
24424 02/12/2024 General Fund Training FRESNO CITY COLLEGE 1,860.00 24424 02/12/2024 General Fund Training FRESNO CITY COLLEGE 1,640.00 Check Total: 3,500.00
24425 02/12/2024 General Fund Training MIKE FRIEDBERG 55.56 Check Total: 55.56
24426 02/12/2024 Water Enterprise Fund Accounts Payable TERRY GARRETT 165.01 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24426 02/12/2024 Sewer Enterprise Fund Accounts Payable TERRY GARRETT 20.62 24426 02/12/2024 Sanitation Enterprise Fund Accounts Payable TERRY GARRETT 10.99 Check Total: 196.62
24427 02/12/2024 Sewer Enterprise Fund Lower Shaffer Storm Drain Imp GHD 14,864.00 Check Total: 14,864.00
24428 02/12/2024 Water Enterprise Fund Special Departmental Expense GRAINGER 814.95 Check Total: 814.95
24429 02/12/2024 General Fund Professional Services GUARDIAN ALLIANCE TECHNOLOGIES INC 100.00 Check Total: 100.00
24430 02/12/2024 Water Enterprise Fund Accounts Payable SAYDA HINOJOSA BROCOS 127.29 Check Total: 127.29
24431 02/12/2024 Internal Service Fund Professional Services HI-TECH EVS INC 1,548.74 24431 02/12/2024 Internal Service Fund Operations & Maintenance HI-TECH EVS INC 3,228.87 Check Total: 4,777.61
24432 02/12/2024 Internal Service Fund Improvements Other Than Bldg HOFFMAN SECURITY 18,495.00 24432 02/12/2024 Internal Service Fund Utilities HOFFMAN SECURITY 185.50 24432 02/12/2024 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 24432 02/12/2024 Internal Service Fund Utilities HOFFMAN SECURITY 1,070.90 Check Total: 19,806.40
24433 02/12/2024 Internal Service Fund Special Departmental Expense HORIZON 112.10 24433 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense HORIZON 650.19 24433 02/12/2024 Internal Service Fund Special Departmental Expense HORIZON 52.77 24433 02/12/2024 Sewer Enterprise Fund Special Departmental Expense HORIZON 21.60 Check Total: 836.66
24434 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 3,523.50 Check Total: 3,523.50
24435 02/12/2024 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 11,693.00 Check Total: 11,693.00
24436 02/12/2024 Internal Service Fund Operations & Maintenance JOHN DEERE FINANCIAL 604.00 24436 02/12/2024 Gas Tax/Street Improvement Professional Services JOHN DEERE FINANCIAL 472.85 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 11
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,076.85
24437 02/12/2024 Internal Service Fund Professional Services JORGENSEN COMPANY 181.23 24437 02/12/2024 Sewer Enterprise Fund Special Departmental Expense JORGENSEN COMPANY 2,107.07 Check Total: 2,288.30
24438 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 343.12 24438 02/12/2024 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 222.37 24438 02/12/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 3,329.84 24438 02/12/2024 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 292.24 24438 02/12/2024 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG SUPPLY 162.36 24438 02/12/2024 Gas Tax/Street Improvement Small Tools KELLOGG SUPPLY 825.52 24438 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 516.38 24438 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 106.04 Check Total: 5,797.87
24439 02/12/2024 General Fund Special Departmental Expense KELLY-MOORE PAINT CO. INC. 47.62 Check Total: 47.62
24440 02/12/2024 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 1,087.16 Check Total: 1,087.16
24441 02/12/2024 General Fund Memberships & Subscriptions LEAGUE OF CALIFORNIA CITIES 314.18 24441 02/12/2024 General Fund Memberships & Subscriptions LEAGUE OF CALIFORNIA CITIES 14,367.00 Check Total: 14,681.18
24442 02/12/2024 General Fund Professional Services LEIST AND ASSOCIATES 5,521.20 Check Total: 5,521.20
24443 02/12/2024 General Fund Professional Services LEXISNEXIS RISK DATA MANAGEMENT 960.00 Check Total: 960.00
24444 02/12/2024 Water Enterprise Fund Accounts Payable JOHN LIVRIA 158.29 Check Total: 158.29
24445 02/12/2024 Public Safety Trans & Use Tax Reserve Fire Fighter Program LN CURTIS & SONS 1,263.64 Check Total: 1,263.64
24446 02/12/2024 General Fund Miscellaneous LOOMIS 2,859.04 Check Total: 2,859.04
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 12
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24447 02/12/2024 General Fund Professional Services LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
24448 02/12/2024 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 3,873.70 Check Total: 3,873.70
24449 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense MARTIN MARIETTA MATERIALS 515.43 Check Total: 515.43
24450 02/12/2024 General Fund Special Departmental Expense MAVERICK DATA SYSTEMS 1,000.00 Check Total: 1,000.00
24451 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 19.00 Check Total: 19.00
24452 02/12/2024 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 82.40 Check Total: 82.40
24453 02/12/2024 General Fund Professional Services MCCLATCHY COMPANY LLC 110.80 Check Total: 110.80
24454 02/12/2024 General Fund Community Center Deposits ALICIA MENDOZA 350.00 Check Total: 350.00
24455 02/12/2024 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 760.00 Check Total: 760.00
24456 02/12/2024 General Fund Utilities MERCED IRRIGATION DISTRICT 743.82 24456 02/12/2024 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 942.77 24456 02/12/2024 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 228.87 24456 02/12/2024 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 117.23 24456 02/12/2024 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 619.40 24456 02/12/2024 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 61.97 24456 02/12/2024 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 76.29 24456 02/12/2024 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 38.17 24456 02/12/2024 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 76.29 24456 02/12/2024 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 343.27 24456 02/12/2024 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.66 24456 02/12/2024 America West LD Utilities MERCED IRRIGATION DISTRICT 169.15 24456 02/12/2024 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 375.29 24456 02/12/2024 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.66 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 13
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24456 02/12/2024 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 471.07 24456 02/12/2024 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 724.73 24456 02/12/2024 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 592.55 24456 02/12/2024 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 268.15 24456 02/12/2024 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 395.15 24456 02/12/2024 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 20.66 24456 02/12/2024 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 454.71 24456 02/12/2024 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 695.60 24456 02/12/2024 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 6,514.84 Check Total: 13,971.30
24457 02/12/2024 Internal Service Fund Professional Services MERCED TRUCK & TRAILER INC. 283.00 Check Total: 283.00
24458 02/12/2024 General Fund Training MII TRAINING INNOVATIONS LLC 950.00 Check Total: 950.00
24459 02/12/2024 Internal Service Fund Professional Services MISTER CAR WASH 396.00 24459 02/12/2024 Internal Service Fund Professional Services MISTER CAR WASH 432.00 24459 02/12/2024 Internal Service Fund Professional Services MISTER CAR WASH 138.00 24459 02/12/2024 Internal Service Fund Professional Services MISTER CAR WASH 6.00 Check Total: 972.00
24460 02/12/2024 General Fund Communications MOTOROLA 600.00 24460 02/12/2024 General Fund Communications MOTOROLA 300.00 24460 02/12/2024 General Fund Communications MOTOROLA 300.00 Check Total: 1,200.00
24461 02/12/2024 General Fund Professional Services MUNISERVICES LLC 543.91 24461 02/12/2024 General Fund Professional Services MUNISERVICES LLC 144.68 24461 02/12/2024 General Fund Professional Services MUNISERVICES LLC 182.16 Check Total: 870.75
24462 02/12/2024 General Fund Accounts Payable NORCAL PROPERTIES 2.00 24462 02/12/2024 Water Enterprise Fund Accounts Payable NORCAL PROPERTIES 444.54 24462 02/12/2024 Sewer Enterprise Fund Accounts Payable NORCAL PROPERTIES 123.70 Check Total: 570.24
24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 59.89 24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 56.23 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 4.88 24463 02/12/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 23.90 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 14
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24463 02/12/2024 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 582.66 24463 02/12/2024 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS -44.00 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 299.32 24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 106.30 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.81 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 13.03 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 509.56 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 91.12 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 2,278.31 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.13 24463 02/12/2024 Internal Service Fund Small Tools O'REILLY AUTO PARTS 326.24 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 161.84 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 61.75 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 135.98 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -22.00 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 57.16 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 136.87 24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 13.03 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 182.48 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 463.57 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 128.18 24463 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 65.24 24463 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 23.90 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 65.00 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 126.74 24463 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 26.17 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 52.96 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 81.66 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -135.98 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 35.28 24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 17.91 24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 96.75 24463 02/12/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 65.23 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.19 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 485.31 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.15 24463 02/12/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 60.87 24463 02/12/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 14.13 Check Total: 6,811.75
24464 02/12/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 697.15 24464 02/12/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 30.33 24464 02/12/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 286.47 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24464 02/12/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 2,915.72 24464 02/12/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 2,119.04 24464 02/12/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 242.29 24464 02/12/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 2,842.56 24464 02/12/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 3,367.53 24464 02/12/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 1,563.48 24464 02/12/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 280.83 24464 02/12/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 18,318.18 24464 02/12/2024 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 1,101.96 24464 02/12/2024 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 261.21 24464 02/12/2024 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 41.17 24464 02/12/2024 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 16.78 24464 02/12/2024 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 56.09 24464 02/12/2024 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 18.49 24464 02/12/2024 Siena Parks LD Utilities PACIFIC GAS & ELECTRIC 4,129.02 24464 02/12/2024 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 226.57 24464 02/12/2024 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 986.56 24464 02/12/2024 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 30.21 24464 02/12/2024 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 26.85 24464 02/12/2024 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 44.91 24464 02/12/2024 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 801.24 24464 02/12/2024 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 53.69 24464 02/12/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 45,121.79 24464 02/12/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 5,583.40 24464 02/12/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 7,563.62 Check Total: 98,727.14
24465 02/12/2024 General Fund Training SAM PARKS 47.67
Check Total: 47.67
24466 02/12/2024 Water Fund Capital Replacement Property Acq.-Future Well Site PRECISION CIVIL ENGINEERING, INC. 105.00 24466 02/12/2024 General Fund Professional Services PRECISION CNIL ENGINEERING, INC. 2,618.75 Check Total: 2,723.75
24467 02/12/2024 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 599.30 24467 02/12/2024 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 388.76 24467 02/12/2024 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 50.37 Check Total: 1,038.43
24468 02/12/2024 Water Enterprise Fund Professional Services RAFTELIS FINANCIAL 2,632.50 24468 02/12/2024 Sewer Enterprise Fund Professional Services RAFTELIS FINANCIAL 2,632.50 -
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 16
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 5,265.00
24469 02/12/2024 Water Enterprise Fund Uniform & Clothing Expense SAFE-T-LITE 52.19 24469 02/12/2024 Sewer Enterprise Fund Special Departmental Expense SAFE-T-LITE 389.77 24469 02/12/2024 Sewer Enterprise Fund Small Tools SAFE-T-LITE 121.00 Check Total: 562.96
24470 02/12/2024 General Fund Training DAVE SARGINSON 47.95 Check Total: 47.95
24471 02/12/2024 Water Enterprise Fund Special Departmental Expense SHANNON PUMP CO. 172.03 24471 02/12/2024 Water Enterprise Fund Professional Services SHANNON PUMP CO. 304.00 Check Total: 476.03
24472 02/12/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 172.37 24472 02/12/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 57.44 24472 02/12/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 127.52 24472 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 201.67 Check Total: 559.00
24473 02/12/2024 General Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 105.89 24473 02/12/2024 General Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 317.67 24473 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 264.73 Check Total: 688.29
24474 02/12/2024 General Fund Special Departmental Expense NATALIE SOBALVARRO 150.00 Check Total: 150.00
24475 02/12/2024 Local Transportation Fund Project Retention ST FRANCIS ELECTRIC -5,120.12 24475 02/12/2024 Local Transportation Fund Atwater Blvd & First St Signal ST FRANCIS ELECTRIC 102,402.38 Check Total: 97,282.26
24476 02/12/2024 General Fund Office Supplies STAPLES 21.36 24476 02/12/2024 General Fund Office Supplies STAPLES 438.90 Check Total: 460.26
24477 02/12/2024 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 3,550.00 Check Total: 3,550.00
24478 02/12/2024 General Fund Special Departmental Expense STEPHENS MEDIA GROUP 1,010.00 —
—
-
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 17
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,010.00
24479 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense STEPPING STONE NURSERY 194.03 24479 02/12/2024 General Fund Special Departmental Expense STEPPING STONE NURSERY 970.16 Check Total: 1,164.19
24480 02/12/2024 Internal Service Fund Special Departmental Expense SUNBELT RENTALS INC 1,101.95 24480 02/12/2024 Sewer Enterprise Fund Special Departmental Expense SUNBELT RENTALS INC 1,123.22 Check Total: 2,225.17
24481 02/12/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,271.56 24481 02/12/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 760.18 24481 02/12/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,135.89 Check Total: 3,167.63
24482 02/12/2024 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 263.25 24482 02/12/2024 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 7.00 24482 02/12/2024 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 204.00 Check Total: 474.25
24483 02/12/2024 Information Technology Fund Communications TPX COMMUNICATIONS 8,308.83 Check Total: 8,308.83
24484 02/12/2024 Gas Tax/Street Improvement Professional Services TRANSCOUNTY TITLE CO. 400.00 24484 02/12/2024 Gas Tax/Street Improvement Professional Services TRANSCOUNTY TITLE CO. 400.00 Check Total: 800.00
24485 02/12/2024 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 313.88 Check Total: 313.88
24486 02/12/2024 General Fund Rents & Leases UBEO WEST LLC 190.08 Check Total: 190.08
24487 02/12/2024 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 Check Total: 1,000.00
24488 02/12/2024 Internal Service Fund Operations & Maintenance VAN DE POL 932.48 24488 02/12/2024 Internal Service Fund Operations & Maintenance VAN DE POL 13,853.28 Check Total: 14,785.76
24489 02/12/2024 General Fund Community Center Deposits CHRIS VANG 560.00 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 18
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 560.00
24490 02/12/2024 Water Enterprise Fund Accounts Payable MADHU VANGA 210.57 24490 02/12/2024 Sewer Enterprise Fund Accounts Payable MADHU VANGA 83.72 24490 02/12/2024 Sanitation Enterprise Fund Accounts Payable MADHU VANGA 46.93 Check Total: 341.22
24491 02/12/2024 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 183,175.28 Check Total: 183,175.28
24492 02/12/2024 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
24493 02/12/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,160.28 24493 02/12/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 17.58 Check Total: 1,177.86
24494 02/12/2024 SB 1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 60,125.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 3,823.50 24494 02/12/2024 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 15,294.00 24494 02/12/2024 Sewer Enterprise Fund Professional Services VVH CONSULTING SERVICES 1,842.50 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 835.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 450.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 15,120.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 1,523.13 24494 02/12/2024 Sewer Enterprise Fund Atwater Blvd Drainage Imprvmts VVH CONSULTING SERVICES 11,000.00 24494 02/12/2024 Sewer Enterprise Fund Eucalyptus/First Drainage Imp VVH CONSULTING SERVICES 2,500.00 24494 02/12/2024 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 14,150.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 3,080.00 24494 02/12/2024 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 12,320.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 1,130.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 13,770.00 24494 02/12/2024 General Fund Professional Services VVH CONSULTING SERVICES 474.38 Check Total: 157,437.51
24495 02/12/2024 Sewer Enterprise Fund Special Departmental Expense WARD ENTERPRISES 99.72 24495 02/12/2024 Sewer Enterprise Fund Special Departmental Expense WARD ENTERPRISES 76.07 24495 02/12/2024 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 6.58 24495 02/12/2024 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 52.09 24495 02/12/2024 Sewer Enterprise Fund Special Departmental Expense WARD ENTERPRISES 65.03 Check Total: 299.49
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 19
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24496 02/12/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 28.11 24496 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters WATERFORD IRRIGATION SUPPLY, INC 12.82 24496 02/12/2024 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 144.39 24496 02/12/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 5.47 24496 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters WATERFORD IRRIGATION SUPPLY, INC 51.73 24496 02/12/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 5.92 24496 02/12/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 114.34 24496 02/12/2024 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 60.77 24496 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 14.92 24496 02/12/2024 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 46.35 24496 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 22.36 24496 02/12/2024 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 222.19 24496 02/12/2024 Water Fund Capital Replacement Installation-New Water Meters WATERFORD IRRIGATION SUPPLY, INC 21.29 Check Total: 750.66
24497 02/12/2024 Internal Service Fund Utilities WEST COAST GAS CO. INC. 32.27 Check Total: 32.27
24498 02/12/2024 General Fund Professional Services WHALEN'S 450.00 Check Total: 450.00
24499 02/12/2024 Northwood Village LD Professional Services WILLDAN FINANCIAL SERVICES 364.15 24499 02/12/2024 Orchard Park Estates LD Professional Services WILLDAN FINANCIAL SERVICES 303.46 24499 02/12/2024 Wildwood Estates LD Professional Services WILLDAN FINANCIAL SERVICES 110.55 24499 02/12/2024 Woodview Garland LA Professional Services WILLDAN FINANCIAL SERVICES 67.19 24499 02/1212024 Shaffer Lakes West LD Professional Services WILLDAN FINANCIAL SERVICES 162.57 24499 02/12/2024 Woodhaven LD Professional Services WILLDAN FINANCIAL SERVICES 99.71 24499 02/12/2024 Sierra Parks LD Professional Services WILLDAN FINANCIAL SERVICES 75.86 24499 02/12/2024 Shaffer Lakes East LD Professional Services WILLDAN FINANCIAL SERVICES 678.45 24499 02/12/2024 Price Annexation LD Professional Services WILLDAN FINANCIAL SERVICES 2,048.34 24499 02/12/2024 Price Annexation LMA Professional Services WILLDAN FINANCIAL SERVICES 2,046.17 24499 02/12/2024 Sandlewood Square LD Professional Services WILLDAN FINANCIAL SERVICES 227.59 24499 02/12/2024 Sandlewood Square LMA Professional Services WILLDAN FINANCIAL SERVICES 227.59 24499 02/12/2024 Pajaro Dunes LD Professional Services WILLDAN FINANCIAL SERVICES 125.72 24499 02/12/2024 Pajaro Dunes LMA Professional Services WILLDAN FINANCIAL SERVICES 125.72 24499 02/12/2024 Redwood Estates LD Professional Services WILLDAN FINANCIAL SERVICES 253.60 24499 02/1212024 Redwood Estates LMA Professional Services WILLDAN FINANCIAL SERVICES 231.93 24499 02/12/2024 Cottage Gardens LD Professional Services WILLDAN FINANCIAL SERVICES 30.35 24499 02/12/2024 Cottage Gardens ST & LMA Professional Services WILLDAN FINANCIAL SERVICES 30.35 24499 02/12/2024 Airport Business Park LD Professional Services WILLDAN FINANCIAL SERVICES 39.02 24499 02/12/2024 Silva Ranch LD Professional Services WILLDAN FINANCIAL SERVICES 325.13 24499 02/12/2024 Silva Ranch LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 325.13 24499 02/12/2024 Mello Ranch LD Professional Services WILLDAN FINANCIAL SERVICES 327.30 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 20
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24499 02/12/2024 Mello Ranch LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 327.30 24499 02/12/2024 Camellia Estates LD Professional Services WILLDAN FINANCIAL SERVICES 82.37 24499 02/12/2024 Juniper Meadows LD Professional Services WILLDAN FINANCIAL SERVICES 10.84 24499 02/12/2024 Juniper Meadows LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 10.84 24499 02/12/2024 Camellia Meadows LD Professional Services WILLDAN FINANCIAL SERVICES 67.19 24499 02/12/2024 Camellia Meadows LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 67.19 24499 02/12/2024 Stone Creek LD Professional Services WILLDAN FINANCIAL SERVICES 405.33 24499 02/12/2024 Stone Creek LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 405.33 24499 02/12/2024 America West LD Professional Services WILLDAN FINANCIAL SERVICES 28.18 24499 02/12/2024 America West LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 28.18 24499 02/12/2024 Bell Crossing LD Professional Services WILLDAN FINANCIAL SERVICES 407.50 24499 02/12/2024 Bell Crossing LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 407.50 24499 02/12/2024 Atwater South LD Professional Services WILLDAN FINANCIAL SERVICES 327.30 24499 02/12/2024 Atwater South LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 327.30 24499 02/12/2024 Beluga Court LD Professional Services WILLDAN FINANCIAL SERVICES 10.84 24499 02/12/2024 Mello Ranch 2 LD Professional Services WILLDAN FINANCIAL SERVICES 281.78 24499 02/12/2024 Mello Ranch 2 LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 281.78 24499 02/12/2024 Meadow View LD Professional Services WILLDAN FINANCIAL SERVICES 277.45 24499 02/12/2024 Meadow View LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 277.45 24499 02/12/2024 Aspenwood LD Professional Services WILLDAN FINANCIAL SERVICES 82.37 24499 02/12/2024 Aspenwood Lndscp Professional Services WILLDAN FINANCIAL SERVICES 82.37 24499 02/12/2024 Applegate Ranch LD Professional Services WILLDAN FINANCIAL SERVICES 30.35 24499 02/12/2024 Applegate Ranch Lndscp Professional Services WILLDAN FINANCIAL SERVICES 30.35 24499 02/12/2024 Reserve LD Professional Services WILLDAN FINANCIAL SERVICES 43.35 24499 02/12/2024 Reserve Lndscp Professional Services WILLDAN FINANCIAL SERVICES 43.35 24499 02/12/2024 Simon Annexation LD Professional Services WILLDAN FINANCIAL SERVICES 7.04 24499 02/12/2024 Simon Annexation LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 7.04 24499 02/12/2024 Northwood Village LD Professional Services WILLDAN FINANCIAL SERVICES 308.82 24499 02/12/2024 Orchard Park Estates LD Professional Services WILLDAN FINANCIAL SERVICES 257.35 24499 02/12/2024 Wildwood Estates LD Professional Services WILLDAN FINANCIAL SERVICES 93.75 24499 02/12/2024 Woodview Garland LA Professional Services WILLDAN FINANCIAL SERVICES 56.99 24499 02/12/2024 Shaffer Lakes West LD Professional Services WILLDAN FINANCIAL SERVICES 137.87 24499 02/12/2024 Woodhaven LD Professional Services WILLDAN FINANCIAL SERVICES 84.56 24499 02/12/2024 Sierra Parks LD Professional Services WILLDAN FINANCIAL SERVICES 64.34 24499 02/12/2024 Shaffer Lakes East LD Professional Services WILLDAN FINANCIAL SERVICES 575.37 24499 02/12/2024 Price Annexation LD Professional Services WILLDAN FINANCIAL SERVICES 1,737.14 24499 02/12/2024 Price Annexation LMA Professional Services WILLDAN FINANCIAL SERVICES 1,735.30 24499 02/12/2024 Sandlewood Square LD Professional Services WILLDAN FINANCIAL SERVICES 193.02 24499 02/12/2024 Sandlewood Square LMA Professional Services WILLDAN FINANCIAL SERVICES 193.02 24499 02/12/2024 Pajaro Dunes LD Professional Services WILLDAN FINANCIAL SERVICES 106.62 24499 02/12/2024 Pajaro Dunes LMA Professional Services WILLDAN FINANCIAL SERVICES 106.62 24499 02/12/2024 Redwood Estates LD Professional Services WILLDAN FINANCIAL SERVICES 215.07 24499 02/12/2024 Redwood Estates LMA Professional Services WILLDAN FINANCIAL SERVICES 196.69 24499 02/12/2024 Cottage Gardens LD Professional Services WILLDAN FINANCIAL SERVICES 25.74 AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 21
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24499 02/12/2024 Cottage Gardens ST & LMA Professional Services WILLDAN FINANCIAL SERVICES 25.74 24499 02/12/2024 Airport Business Park LD Professional Services WILLDAN FINANCIAL SERVICES 33.09 24499 02/12/2024 Silva Ranch LD Professional Services WILLDAN FINANCIAL SERVICES 275.74 24499 02/12/2024 Silva Ranch LNDSCP Professional Scrvices WILLDAN FINANCIAL SERVICES 275.74 24499 02/12/2024 Mello Ranch LD Professional Services WILLDAN FINANCIAL SERVICES 277.57 24499 02/12/2024 Mello Ranch LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 277.57 24499 02/12/2024 Camellia Estates LD Professional Services WILLDAN FINANCIAL SERVICES 69.85 24499 02/12/2024 Juniper Meadows LD Professional Services WILLDAN FINANCIAL SERVICES 9.19 24499 02/12/2024 Juniper Meadows LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 9.19 24499 02/12/2024 Camellia Meadows LD Professional Services WILLDAN FINANCIAL SERVICES 56.99 24499 02/12/2024 Camellia Meadows LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 56.99 24499 02/12/2024 Stone Creek LD Professional Services WILLDAN FINANCIAL SERVICES 343.75 24499 02/12/2024 Stone Creek LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 343.75 24499 02/12/2024 America West LD Professional Services WILLDAN FINANCIAL SERVICES 23.90 24499 02/12/2024 America West LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 23.90 24499 02/12/2024 Bell Crossing LD Professional Services WILLDAN FINANCIAL SERVICES 345.59 24499 02/12/2024 Bell Crossing LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 345.59 24499 02/12/2024 Atwater South LD Professional Services WILLDAN FINANCIAL SERVICES 277.57 24499 02/12/2024 Atwater South LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 277.57 24499 02/12/2024 Beluga Court LD Professional Services WILLDAN FINANCIAL SERVICES 9.19 24499 02/12/2024 Mello Ranch 2 LD Professional Services WILLDAN FINANCIAL SERVICES 238.97 24499 02/12/2024 Mello Ranch 2 LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 238.97 24499 02/12/2024 Meadow View LD Professional Services WILLDAN FINANCIAL SERVICES 235.29 24499 02/12/2024 Meadow View LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 235.29 24499 02/12/2024 Aspenwood LD Professional Services WILLDAN FINANCIAL SERVICES 69.85 24499 02/12/2024 Aspenwood Lndscp Professional Services WILLDAN FINANCIAL SERVICES 69.85 24499 02/12/2024 Applegate Ranch LD Professional Services WILLDAN FINANCIAL SERVICES 25.74 24499 02/12/2024 Applegate Ranch Lndscp Professional Services WILLDAN FINANCIAL SERVICES 25.74 24499 02/12/2024 Reserve LD Professional Services WILLDAN FINANCIAL SERVICES 36.76 24499 02/12/2024 Reserve Lndscp Professional Services WILLDAN FINANCIAL SERVICES 36.76 24499 02/12/2024 Simon Annexation LD Professional Services WILLDAN FINANCIAL SERVICES 5.97 24499 02/12/2024 Simon Annexation LNDSCP Professional Services WILLDAN FINANCIAL SERVICES 5.97 Check Total: 23,255.65
24500 02/12/2024 General Fund Special Departmental Expense WINTON HARDWARE 108.75 24500 02/12/2024 General Fund Special Departmental Expense WINTON HARDWARE 94.79 24500 02/12/2024 Internal Service Fund Special Departmental Expense WINTON HARDWARE 19.37 24500 02/12/2024 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 22.05 24500 02/12/2024 Internal Service Fund Special Departmental Expense WINTON HARDWARE 75.46 24500 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 38.66 24500 02/12/2024 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 32.42 Check Total: 391.50
LAP-Checks for Approval (2/8/2024 - 12:24 PM) Page 22
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 2,147,983.11
AP-Checks for Approval (2/8/2024 - 12:24 PM) Page 23
SPECIAL MEETING
CITY COUNCIL
ACTION MINUTES
January 10, 2024
CALL TO ORDER:
The City Council of the City of Atwater met in Special Session this date at 4:35 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was postponed to the next Regular Session.
ROLL CALL:
Present: City Council Members Ambriz, Cale, Raymond, Mayor Nelson
Absent: City Council Member Button
Staff Present: City Manager Waterman, Deputy City Manager/Community Development Director Thompson, Assistant City Clerk Martin PUBLIC COMMENT:
Notice to the public was read.
No one came forward to speak.
CITY OF ATWATER
Minutes
City Council Special Meeting Action Minutes for January 10, 2024 Page 2 COMMISSIONER MEMBER INTERVIEWS:
Interviews for two (2) scheduled vacancies on the City of Atwater Planning Commission, for the term of four (4) years, ending December 31, 2027.
The City Council interviewed the eight (8) qualified candidates.
COMMISSIONER MEMBER NOMINATION AND APPOINTMENT:
Appointment of two (2) Commissioner Members to the scheduled vacancies on the City of Atwater Planning Commission, for the term of four (4) years, ending December 31, 2027.
Mayor Nelson and Assistant City Clerk Martin provided background information on the nomination process.
Assistant City Clerk Martin opened the nomination period.
Mayor Pro Tem Raymond nominated Donald Borgwardt and Jagandeep Mokha.
City Council Member Cale nominated Richard Rogers.
City Council Member Ambriz nominated Richard Rogers and Jagandeep Mokha.
Mayor Nelson nominated Donald Borgwardt and Ronald Daugherty.
Assistant City Clerk closed the nomination period.
NOMINATION: Mayor Pro Tem Raymond moved to appoint candidate Donald Borgwardt to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2027. The vote was: Ayes: Cale, Ambriz, Raymond Nelson; Noes: None; Absent: Button. The nomination passes.
NOMINATION: Mayor Pro Tem Raymond moved to appoint candidate Jagandeep Mokha to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2027. The vote was: Ayes: Ambriz, Raymond; Noes: Cale, Nelson;
Absent: Button. The nomination fails.
NOMINATION: City Council Member Cale moved to appoint candidate Richard Rogers to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending
City Council Special Meeting Action Minutes for January 10, 2024 Page 3 on December 31, 2027. The vote was: Ayes: Cale, Ambriz; Noes: Raymond, Nelson;
Absent: Button. The nomination fails.
NOMINATION: City Council Member Ambriz moved to appoint candidate Richard Rogers to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2027. The vote was: Ayes: Ambriz, Raymond; Noes: Cale, Nelson;
Absent: Button. The nomination fails.
NOMINATION: City Council Member Ambriz moved to appoint candidate Jagandeep Mokha to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2027. The vote was: Ayes: Ambriz, Raymond; Noes:
Cale, Nelson; Absent: Button. The nomination fails.
NOMINATION: Mayor Nelson moved to appoint candidate Ronald Daugherty to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2027. The nomination fails for lack of a second.
Assistant City Clerk Martin reopened the nomination period.
Mayor Pro Tem Raymond nominated Jagandeep Mokha.
City Council Member Cale nominated Richard Rogers.
Assistant City Clerk closed the nomination period.
NOMINATION: Mayor Pro Tem Raymond moved to appoint candidate Jagandeep Mokha to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2027. The vote was: Ayes: Ambriz, Raymond, Nelson; Noes: Cale;
Absent: Button. The nomination passes.
Assistant City Clerk announced the two appointments made by the City Council, Donald Borgwardt and Jagandeep Mokha.
Mayor Nelson thanked all the applicants for their participation in the process.
ADJOURNMENT:
Mayor Nelson adjourned the Special Meeting at 6:13 PM.
City Council Special Meeting Action Minutes for January 10, 2024 Page 4 _________________________________
JANELL MARTIN,
ASSISTANT CITY CLERK
SPECIAL MEETING
CITY COUNCIL
ACTION MINUTES
January 22, 2024
CALL TO ORDER:
The City Council of the City of Atwater met in Special Session this date at 4:31 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was postponed to the next Regular Session.
ROLL CALL:
Present: City Council Members Ambriz, Button, Cale, Raymond, Mayor Nelson
Absent: None
Staff Present: City Manager Waterman, Deputy City Manager/Community Development Director Thompson, City Attorney Splendorio, Police Chief Salvador, Code Enforcement Manager Garcia, Assistant City Clerk Martin
APPEAL HEARRING:
Appeal of Permit Denial of Michael Ioane Jr.’s Application for an Animal Permit for the property located at 1521 Fruitland Avenue
.
CITY OF ATWATER
Minutes
City Council Special Meeting Action Minutes for January 22, 2024 Page 2 City Attorney Splendorio provided a brief overview of proceeding requirements.
Mayor Nelson read an introduction regarding appeal proceedings and opened the appeal hearing.
Police Chief Salvador provided background information on this item.
Darren Dupont representing the appellant provided background information regarding the appeal.
Mayor Nelson opened public comment.
Three people spoke in favor of the Animal Permit denial.
No one else came forward to speak.
Mayor Nelson closed public comment.
Darren Dupont representing the appellant provided a rebuttal.
Mayor Nelson closed the appeal hearing.
Mayor Nelson called a recess at 5:06 PM.
City Council Members returned to the dais at 5:10 PM.
MOTION: City Council Member Cale moved to deny the appeal regarding Michael Ioane, Jr.’s application for an Animal Permit for the property located at 1521 Fruitland Avenue and Code Enforcement begin the abatement process if necessary in 120 days or May 21, 2024; The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None;
Absent: None. The motion passed.
ADJOURNMENT:
Mayor Nelson adjourned the Special Meeting at 5:18 PM.
_________________________________
JANELL MARTIN,
ASSISTANT CITY CLERK
CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
January 22, 2024
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present: City Council Members Ambriz, Button, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Assistant City Clerk Martin
CLOSED SESSION: (Conference Room A)
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 Director Thompson and City Manager Waterman. Negotiating Parties: Dr. Carlos Say
Property Location: APN 156-060-010
Conference with Labor Negotiators - Government Code Section 54957.6, Agency Negotiators: City Manager Waterman, Police Chief Salvador and Human Resources Director Sousa Bargaining Units: Atwater Police Officers Association Mayor Nelson invited public comment on Closed Session items.
City Council Meeting Action Minutes for January 22, 2024 Page 2 No one came forward to speak.
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:31 PM. Closed Session was called to order at 5:33 PM.
Closed Session adjourned at 5:54 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 Council Member Tyler 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,
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 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:
MOTION: Mayor Pro Tem Raymond moved to approve the agenda as posted. 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.
City Council Meeting Action Minutes for January 22, 2024 Page 3 PRESENTATIONS:
Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel represented by Merced County Director of Community and Economic Development Steve Maxey reported the following:
• Atwater Merced Expressway – Contract Award for design and construction and Environmental process.
• Transportation Research Center – Quantifying the economic impact on the county.
• Castle Fire Training Program
• Rail District Project
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
Les Nickerson spoke regarding surplus land.
Mayor Nelson closed the public comment.
MOTION: Mayor Pro Tem Raymond moved to approve the Consent Calendar as posted. 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.
TREASURER’S REPORT:
1. a.) November 31, 2023
b.) December 31, 2023
ACTION: Acceptance of report as listed.
WARRANTS:
2. January 22, 2024
ACTION: Approval of warrants as listed.
MINUTES: (General Plan Technical Advisor Committee)
3. November 1, 2023 – Regular meeting
ACTION: Acceptance of minutes as listed.
City Council Meeting Action Minutes for January 22, 2024 Page 4 MINUTES: (City Council)
4. January 8, 2024 – Regular meeting
ACTION: Approval of minutes as listed.
RESOLUTIONS:
5. Declaring Property on Castle St (APN 003-101-100) as Non-Exempt Surplus Land (Public Works Director Vinson)
ACTION: Adoption of Resolution No. 3444-24 Declaring property on Castle St (APN 003-101-100) as non-exempt surplus land.
6. Dissolving the General Plan Technical Advisory Committee (Deputy City Manager/Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3443-24 dissolving the General Plan Technical Advisory Committee.
OTHER ACTIONABLE ITEMS:
7. Receiving the Development Impact Fee Five-Year Report (FY 2017-18 through FY 2021-22) and Annual Reports from FY 2017-18 through FY 2020-21 (Deputy City Manager/Community Development Director Thompson)
ACTION: Receive and file the Five-Year Development Impact Fee (“DIF”) Report for Fiscal Years (“FY”) 2017- 18 through 2021-22 and four Annual Reports from FY 2017-18 through FY 2020-21.
ORDINANCES (WAIVING SECOND READING AND ADOPTION):
8. Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041) (Deputy City Manager/Community Development Director Thompson)
ACTION: Waiving the reading and adopting Ordinance No. CS 1066 approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002- 181-041).
REPORTS AND PRESENTATIONS FROM STAFF:
Awarding a Professional Services Agreement for Design Services to Minagar & Associates of Laguna Hills, California for the City Wide Synchronization Project (Deputy City Manager/Community Development Director Thompson)
City Council Meeting Action Minutes for January 22, 2024 Page 5 Deputy City Manager/Community Development Director Thompson provided background information on this item.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
No one came forward to speak.
MOTION: City Council Member Button moved to award a Professional Services Agreement for Design Services, in a form approved by the City Attorney, to Minagar & Associates of Laguna Hills, California, for the City Wide Synchronization Project, in an amount not to exceed $230,469.22; and authorizes and directs the City Manager, or her designee, to execute the contract on behalf of the City. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
Approval of Plans and Specifications for Fruitland Ave Reconstruction Phase 3 (Deputy City Manager/Community Development Director Thompson)
Deputy City Manager/Community Development Director Thompson provided background information on this item.
City Engineer Seymour and Contract City Engineer Hayes provided background information on this item.
Mayor Nelson asked if anyone would like to come forward and speak on this item.
Roger Wood spoke regarding the Fruitland Avenue Reconstruction project.
Dean Way spoke regarding the Fruitland Avenue Reconstruction project.
Steven Vann spoke regarding the Fruitland Avenue Reconstruction project.
Robert Williamson spoke regarding the Fruitland Avenue Reconstruction project.
Terry Gunter spoke regarding the Fruitland Avenue Reconstruction project.
Mr. Perez spoke regarding the Fruitland Avenue Reconstruction project.
Garret Pedretti spoke regarding the Fruitland Avenue Reconstruction project.
Maryann Contreas spoke regarding the Fruitland Avenue Reconstruction project.
Adam Reed spoke regarding the Fruitland Avenue Reconstruction project.
Kory Billings spoke regarding the Fruitland Avenue Reconstruction project.
Fernando Aguayo spoke regarding the Fruitland Avenue Reconstruction project.
City Council Meeting Action Minutes for January 22, 2024 Page 6 Mayor Nelson closed the public comment.
Deputy City Manager/Community Development Director provided clarification regarding comments and questions from City Council Members and members of the public.
MOTION: City Council Member Cale moved to approve the Plans and Specifications and authorizes advertising and calling for bids for the Fruitland Ave Phase 3 Reconstruction Project, City Project 16-2-3. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Button, Nelson; Noes:
Ambriz, Raymond; Absent: None. The motion passed.
Mayor Nelson called a recess at 7:16 PM.
City Council Members returned to the dais at 7:17 PM.
CITY MANAGER REPORTS/UPDATES:
City Manager Updates
City Manager Waterman reported the following:
• City Manager Waterman spoke regarding City finances and FY 23/24 budget. • Finance Director Nicholas gave a brief presentation regarding the FY 23/24 budget.
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.
Lana Jones spoke regarding cats in her neighborhood.
Christan Santos, Field Representative for Congressman John Duarte, provided an update regarding Congressman Duarte’s office.
Pastor Rich Miller thanked staff.
Mayor Nelson closed the public comment.
City Council Meeting Action Minutes for January 22, 2024 Page 7 CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Cale had nothing to report.
City Council Member Ambriz thanked all residents for their comments and requested an update regarding the weather.
Mayor Nelson spoke regarding the General Plan Update Workshops and locations.
He also spoke regarding the 2023 Measure V implementation plan, specifically Bellevue project and Buhach project.
Mayor Pro Tem Raymond thanked staff for their work on the Fruitland Avenue Reconstruction project.
City Council Member Button spoke regarding the fields at Osborn Park, he stated they look great. He appreciates the work staff is doing during the inclement weather.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 7:37 PM.
________________________________
JANELL MARTIN
ASSISTANT CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
February 12, 2024
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief
PREPARED
BY:
Robert Ayuso, Battalion Chief
SUBJECT: Approving Memorandum of Understanding with the County of Merced Office of Emergency Services for the State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises (CAL FIRE Battalion Chief Ayuso)
RECOMMENDED COUNCIL ACTION
Approval of the Memorandum of Understanding, in a form approved by the City Attorney, with the County of Merced Office of Emergency Services for the State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises; and authorizes and directs the City Manager, or designee, to execute any and all documents related to the Memorandum of Understanding on behalf of the City.
I. BACKGROUND/ANALYSIS:
Staff is requesting approval of the Memorandum of Understanding (MOU) with the County of Merced Office of Emergency Services (OES) for State Homeland Security Grant Programs Funding (HSGP) for Equipment, Planning, Administration, Training and Exercises. Approval will allow the City of Atwater to formally receive Homeland Security Grant funding for the FY 21 and 22 grant years. If the City intends on requesting funds through HSGP or obtaining reimbursement, attachment "A" the City Manager needs to read and initial each page with the attached MOU for each fiscal year.
These documents need to be processed and approved by all local councils and a copy needs to be submitted to Merced County OES for their records. Even if the City doesn't plan on obtaining funds through HSGP, it's highly suggested to process all MOUs should any funds be available in the future.
II. FISCAL IMPACTS:
There are currently no fiscal impacts with the approval of this MOU however, should HSGP funding be available in the future this would allow the City to apply for those funds, and in turn, relieve some fiscal burden on the City.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Approving Memorandum of Understanding with the County of Merced Office of Emergency Services for the State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises (CAL FIRE Battalion Chief Ayuso) Page 2
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
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 considered a “project” under Section 21065 of the Public Resources Code as it will not directly or reasonably indirectly affect the physical environment and therefore not subject to review or analysis.
IX. STEPS FOLLOWING APPROVAL:
Upon approval by the City Council, staff circulate the Memorandum of Understanding and any other necessary documents necessary for the City Manager's execution.
Submitted by:
Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:
Greg Thompson, Deputy City Manager
Agenda Report - Approving Memorandum of Understanding with the County of Merced Office of Emergency Services for the State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises (CAL FIRE Battalion Chief Ayuso) Page 3
Attachments:
1. FY 21 HSGP Standard Assurances-Attachment A
2. FY 22 HSGP Standard Assurances-Attachment A
3. HSGP MOU-City of Atwater FY21
4. HSGP MOU-City of Atwater FY22
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
1 OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced (“County”) and the City of Atwater (“Sub-Recipient”).
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding.
III. The FY 2021 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2021 GRANT ASSURANCES; 2) Sub-Recipient’s signatory to this agreement will separately sign the FY 2021 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient’s signatory has obtained the required written authorization from signatory’s applicable governing body, as set forth in the attached FY 2021 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss.
2 The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient’s services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section III, paragraph 44, subparagraph (c).
3 D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient’s services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2021 SHSGP is 09/01/2021 to 05/31/2024.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers’ compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
4 Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name:
Address:
Title: Date:
Signature:
Printed Name:
County of Merced
By:_______________________________
Chairman, Board of Supervisors
Date: ________________
REVIEWED AS TO LEGAL FORM
By: _____________________________
County Counsel
1 OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced (“County”) and the City of Atwater (“Sub-Recipient”).
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding.
III. The FY 2022 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2022 GRANT ASSURANCES; 2) Sub-Recipient’s signatory to this agreement will separately sign the FY 2022 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient’s signatory has obtained the required written authorization from signatory’s applicable governing body, as set forth in the attached FY 2022 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss.
2 The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient’s services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section III, paragraph 44, subparagraph (c).
3 D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient’s services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2022 SHSGP is 09/01/2022 to 05/31/2025.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers’ compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
4 Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name:
Address:
Title: Date:
Signature:
Printed Name:
County of Merced
By:_______________________________
Chairman, Board of Supervisors
Date: ________________
REVIEWED AS TO LEGAL FORM
By: _____________________________
County Counsel
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
February 12, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Authorizing and Approving Cooperative Purchase Agreement with Facility Designs for Purchase of Office Furniture (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Authorizes and approves a Cooperative Purchase Agreement in a form approved by the City Attorney, to Facility Designs of Fresno, California, for the purchase of office furniture, in an amount not to exceed $329,692.87; and authorizes and directs the City Manager, or designee, to execute the Cooperative Purchase Agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
The City of Atwater purchased a building at 1350 Broadway Ave with the intention of moving the Finance Department, Planning Department, Building Department, Engineering Department, and Economic Development into the building and providing their services in the downtown district of Atwater. Staff conducted a space analysis to ensure that all departments would be able to fit inside the footprint of the building. It was determined that there would be ample room for all departments to be housed at 1350 Broadway Ave.
To house both departments, furniture will be needed for over 20 employees, a lobby, a conference room, and a breakroom. Included is 73 chairs/stools, 34 desks/tables, 22 partitions, 2 lounge seats, and 2 ottomans. All of this furniture was depicted, shown, and approved on the plans and specification of Civic 2 on the October 23, 2023 council meeting.
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Cooperative Purchases,” the City may participate in purchases and contracts established by other political jurisdictions, provided the cooperative agreement is established following a competitive bid process similar to the City’s Formal Contract Procedure. Facility Designs currently uses OMNIA partners, a public agency serving as a national municipal contracting agency, which provides Furniture,
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Authorizing and Approving Cooperative Purchase Agreement with Facility Designs for Purchase of Office Furniture (Public Works Director Vinson) Page 2
Installation, and Related Services Executive Summary. Facility Designs is an authorized vendor.
U.S. Communities and National IPA, both wholly-owned subsidiaries of OMNIA Partners, have come together as OMNIA Partners, Public Sector. All public sector participants already registered with National IPA or U.S. Communities continue to have access to all contracts, with certain exceptions, in the portfolio and do not need to reregister to use a legacy National IPA, legacy U.S. Communities, or new OMNIA Partners contract. U.S. Communities and National IPA remain separate legal entities and lead agency contracts completed under each brand are effective and available for use through the contract’s approved term.
II. FISCAL IMPACTS:
Sufficient funding is available in the ARPA-American Rescue Plan Act Fund, City Building - Civic Center #2, project account number 1010-1080-V001 for the 2023-2024 Fiscal Year budget.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan:
to ensure the City's continued financial stability.
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:
Agenda Report - Authorizing and Approving Cooperative Purchase Agreement with Facility Designs for Purchase of Office Furniture (Public Works Director Vinson) Page 3
The Public Works Department will coordinate with the Finance Department to execute the Purchase Order.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Greg Thompson, Deputy City Manager
Attachments:
1. Facility Design Furniture Proposal
2. Executive_Summary_Herman_Miller_01
3. MillerKnoll__Amendment_2_Name_Chg_Price_ListAdd_Products_MB_031323__002_
Proposal for New
Office Furniture
Facility Designs
7511 North Palm Bluffs Ave.
Suite 101
Fresno, CA 93711
Phone: 559-432-3200
facilitydesigns.com
Proposal Number 36114
Date 01/25/2024
Customer Name City of Atwater
Salesperson Suzanne Byrnes
Salesperson E-mail [email protected]
Designer Traci Levine
Terms NET 15
4 T
O
City of Atwater
750 Bellevue Road
Atwater, CA 95301
ATTN: Justin Vinson
Phone: 209-777-0273
Email: [email protected]
S
H
I
P
T
O
Atwater Civic Center 2
1350 Broadway Ave
Atwater, CA 95301
ATTN: Justin Vinson
Phone: 209-777-0273
Email: [email protected]
Group Description Extended Amount
001 - Waiting Area 17 Sit-on-It Freelance Guest Chairs
2 Sit-on-It Torsa Task Chairs
4 Sit-on-It Amplify Task/Stool
9,943.36
Group Description Extended Amount
002 Conference Room 1 HMI Headway 48"D X 144"W Laminate Conference Table with (1) Power Tech Bucket 12 Sit-on-It Seating Sona Upholstered Back Conference Chairs 13,059.84
Group Description Extended Amount
003 - Private Offices Office 105 and 117: OFS Pulse U-Shaped Desk with Height Adj Cockpit Extended Desk, BBF, FF, Lateral File Storage, Task Chair and (2) KOF Beo Guest Chairs
Office 106: OFS Pulse U-Shaped Desk with Height Adj Cockpit Extended Desk, BBF, FF, Lateral File Storage, Task Chair, 36" Round Table and (3) KOF Beo Guest Chairs
Office 118: OFS Pulse L-Shaped Desk with Height Adj 30 x 72 Rectangle Desk, BBF, FF Pedestal Storage, Task Chair, 36" Round Table and (3) KOF Beo Guest Chairs
44,557.77
Group Description Extended Amount
004 - Break Room 1 NOF Fringe Banquet Seating (7 Seats) 2 NOF Soft Rectangle 30 x 60 Tables
1 NOF 36" Round 36"H Table
4 NOF Grin Guest Chairs
4 NOF Grin Counter Stools
15,844.65
Group Description Extended Amount
005 - Collaboration Area 1 NOF L-Shaped Fringe Lounge Seating (7 Seats) 2 NOF Whimsy Mobile 22" Diameter Ottomans
2 NOF Universal Pull-Up Tables, White Marble Tops
16,137.45
Group Description Extended Amount
006 - Workstations 22 HMI Canvas Workstations with Height Adj 24 x 66 Tables, BBF and FF Pedestal Storage, Overhead Storage and Task Lighting
22 Sit-on-It Seating Torsa Task Chairs
140,622.75
Proposal for New
Office Furniture
Facility Designs
7511 North Palm Bluffs Ave.
Suite 101
Fresno, CA 93711
Phone: 559-432-3200
facilitydesigns.com
Proposal Number 36114
Date 01/25/2024
Customer Name City of Atwater
Salesperson Suzanne Byrnes
Salesperson E-mail [email protected]
Designer Traci Levine
Terms NET 15
4 Group Description Extended Amount
007 - Delivery & Assembly Delivery and Assembly (PW) 63,000.00 Order Sub-Total : $303,165.82
8.7500%-ATWATER-95301-4331-MERCED : $26,527.05
TOTAL ORDER : $329,692.87
Required Deposit 50.00% : $164,846.44
Please review this proposal and notify us promptly of any required revisions. Thank you for the opportunity to be of service! Financing Options Available
Term Monthly Payment
36 Months
48 Months
60 Months
$9,637.64
$7,509.42
$6,233.09
Notes:
1. All monthly payments calculated above do not include applicable taxes; such taxes will be referenced in the financing agreement and are the responsibility of the customer.
2. This Proposal is an expression by LEAF Capital Funding, LLC of its interest in pursuing a transaction on the general terms and conditions outlined above. The Proposal is not intended to and does not create any binding legal obligation on the part of either party. THE PROPOSAL IS
NOT, AND IS NOT TO BE CONSTRUED AS, A COMMITMENT BY LEAF OR ANY RELATED ENTITY TO PROCEED WITH ANY TRANSACTION. LEAF Capital Funding, LLC will not be obligated to proceed with any transaction until the satisfactory completion of its credit, legal and investment approval process. The terms and conditions of the Proposal shall be superseded by and shall no longer be effective upon the execution and delivery of final legal documentation with respect to the proposed transaction. This proposal is for new equipment which shall be used for business purposes only and not for personal, family or household use.
For more information contact your Facility Designs Account Representative or LEAF Capital Funding, LLC.
A FINANCE CHARGE OF 1-1/2% PER MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF 18% WILL BE CHARGED ON ACCOUNTS PAST DUE.
PLEASE SIGN ACCEPTANCE BELOW IF YOU APPROVE THIS PROPOSAL:
(A new proposal will be created if changes/revisions are requested.) Signature: _________________________Name:_______________________ Title:___________________ Date: ___________
Proposal for New
Office Furniture
Facility Designs
7511 North Palm Bluffs Ave.
Suite 101
Fresno, CA 93711
Phone: 559-432-3200
facilitydesigns.com
Proposal Number 36114
Date 01/25/2024
Customer Name City of Atwater
Salesperson Suzanne Byrnes
Salesperson E-mail [email protected]
Designer Traci Levine
Terms NET 15
4 PROPOSAL TERMS AND CONDITIONS
This proposal expires within thirty calendar days of the date first written above unless written acceptance is received by Facility Designs.
Payment Terms: The required non-refundable deposit listed above is due with your signed acceptance prior to ordering the product. The deposit will be applied to the balance of the contract price. A progress billing of 40% may be issued on or about the time the product is shipped, and the balance is due within 15 days after delivery. Invoices to our customers are triggered by receipt of the manufacturer’s invoice to Facility Designs which is typically upon shipment of the product from the factory.
Sales tax charged will be the rate at the time of billing.
Delivery & Assembly Costs are based on the estimates of receiving, inspecting, assembling, delivering, and staging the product including cleanup. These estimates are based on the following assumptions. Any variance from the following assumptions will increase the delivery & assembly price:
• Work area must be clear of all other construction/installation trades or other obstructions. • Work area will have electricity, heat, hoisting and elevator service and adequate facilities for off-loading, staging, moving, and handling of product.
• There is clear access to loading area or loading dock and freight elevator. • There is reasonable "push" distance from loading area or loading dock installation area. • Delivery will be made during normal business hours (Monday—Friday, 8:00 – 5:00) • Single handling of product
Buyer acknowledges all product related to the project are special ordered to the Buyer’s specifications and that Facility Designs has no ability to cancel the order after placement with the manufacturer. Buyer acknowledges and agrees to comply with the Terms and Conditions attached hereto. This order is non-returnable and non-refundable.
Facility Designs will hold the ordered Products for thirty (30) days without charge to Buyer. After thirty (30) days, Buyer shall provide or pay for all storage of ordered Products necessary, and for all costs of moving such products to and from storage.
Late Charges: Buyer shall pay a late charge or penalty at the rate of eighteen percent (18%) per annum on all payments in default, and shall pay all reasonable costs, expenses and attorneys’ fees incurred by Facility Designs in enforcing the terms of this proposal.
Title/Risk of Loss: Title of the Products shall remain with Facility Designs until Buyer makes full payment for the Products. Buyer agrees that Buyer does not acquire any right to sell, assign or depose of the Products until they are entirely paid for; and in case of default of payment, Facility Designs, or its agents, are authorized to take possession and remove the Products on Buyer’s premises or elsewhere, without demand or other causes of notice. The risk of loss of the Products passes to Buyer as soon as the Products are delivered to Buyer.
Delivery/Inspection: Facility Designs shall deliver and assemble the Products at Buyer’s place of business during regular business hours.
Although Facility Designs will attempt to expedite timely delivery of the Products, it cannot guarantee that the Products will arrive from manufacturers, and Buyer acknowledges that Facility Designs shall not be liable for any ordered Products not arriving timely. Facility Designs will hold the ordered Products for thirty (30) days without charge to Buyer. After thirty (30) days, Buyer shall provide or pay for all storage of ordered Products necessary, and for all costs of moving such Products to and from storage. BUYER SHALL INSPECT THE PRODUCTS UPON DELIVERY. ACCEPTANCE OF DELIVERY CONSTITUTES ACCEPTANCE OF THE PRODUCTS AS DELIVERED.
Cancellation Charges: In the event Buyer cancels this proposal, a cancellation fee equal to the full amount of the purchase price may be charged to Buyer. Buyer acknowledges that the Products sold under this Agreement are specially manufactured and are not readily available on the open market. Buyer further acknowledges and agrees that the cancellation charge is reasonable and necessary to protect the business interests of Facility Designs.
Proposal for New
Office Furniture
Facility Designs
7511 North Palm Bluffs Ave.
Suite 101
Fresno, CA 93711
Phone: 559-432-3200
facilitydesigns.com
Proposal Number 36114
Date 01/25/2024
Customer Name City of Atwater
Salesperson Suzanne Byrnes
Salesperson E-mail [email protected]
Designer Traci Levine
Terms NET 15
4 Disclaimer of Implied Warranties: FACILITY DESIGNS DOES NOT WARRANT THAT THE PRODUCTS SOLD UNDER THIS AGREEMENT ARE MERCHANTABLE. IT IS AGREED THAT THE INTENT OF THE PARTIES IS THAT ANY AND ALL WARRANTIES RELATED TO THE PRODUCTS WILL COME FROM THE MANUFACTURER AND NOT FACILITY DESIGNS.
Security Agreement: Buyer hereby expressly grants Facility Designs a security interest in the Products to secure any and all payments owed, including the right to file any necessary or appropriate financing statements related to the Products.
Limitation of Liability: Buyer agrees that in no event will Facility Designs be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, which may be incurred by Buyer related to the Products in any way. Buyer agrees to indemnify and hold harmless Facility Designs against loss of any kind, including attorney's fees, related to any such claims.
Attorneys' Fees/Choice of Law: In the event suit is brought to enforce or interpret any part of this proposal, the prevailing party shall be entitled to recover as part of its cost of suit, and not as damages, a reasonable attorneys' fee to be fixed by the Court. The "prevailing party" as used herein, shall be the party entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys’ fees shall be added to the judgment for purposes of determining whether a party may recover costs or attorneys’ fees. The rights and duties of the parties hereunder, both procedural and substantive, shall be determined under the laws of the State of California. Venue shall be proper only in Fresno County, California.
Indemnity: Buyer shall indemnify and hold Facility Designs free and harmless from and against any and all claims, damages, expenses, or other liabilities arising out of any of the following: (i) negligent acts committed by or omissions of Buyer, and (ii) any breach or misrepresentations by Buyer related to this Agreement or any purchase contract entered into by the parties.
PLEASE INITIAL ACCEPTANCE BELOW IF YOU ACCEPT THESE TERMS:
Client's Initials: Date:
UC OFFICE FURNITURE AND RELATED SERVICES
Executive Summary
Lead Agency: University of California Solicitation: #001218 RFP Issued: July 8, 2019 Pre-Proposal Date: July 25, 2019 Response Due Date: August 21, 2019 Proposals Received: #11 Awarded to: Herman Miller, Inc. – Purchasing Agreement #2019.001890 The University of California, Office of the President (UC) issued RFP #001218 on July 8, 2019 to select a supplier to support UC locations including campuses, medical centers, national laboratories, the Office of the President its affiliates and California State College (CSU) for office furniture and related services.
The Regents of the University of California partnered with OMNIA Partners to include a national cooperative purchasing opportunity:
The purpose of this Request for Proposal (the “RFP”) is to invite qualified furniture manufacturers to prepare and submit proposalsto the University of California (“UC”) to provide Office Furniture (“Goods”) and related services, either directly or through a subcontracted dealer network; such servicesto include (but are not limited to) design/consultation, delivery, and installation (“Services”) (together, the “Goods and Services) all in accordance with Federal and State of California laws and the requirements of the UC as further detailed in this RFP. Potential proposers shall note, the UC has partnered with OMNIA Partners, Public Sector to make the resultant agreement a national cooperative agreement which public agencies, across the country, will be able to utilize.
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• CalUSource website
• OMNIA Partners, Public Sector website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino Sun, CA
• Honolulu Star-Advertiser, HI
• The Advocate – New Orleans, LA
• New Jersey Herald, NJ
• Times Union, NY
• Daily Journal of Commerce, OR
• The State, SC
• Houston Community Newspapers, Cy Creek
Mirror, TX
• Deseret News, UT
• Richmond Times, VA
• Seattle Daily Journal of Commerce, WA
• Helena Independent Record, MT
On August 21, 2019 proposals were received from the following offerors:
• Allsteel Inc.
• The HON Company LLC
• Haworth
• Herman Miller
• Irwin Seating Company
• Kimball Office, Inc.
• Knoll
• Krueger International, Inc.
• Office Depot, Inc.
• Steelcase
• Teknion LLC
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to award Kimball, Steelcase and Herman Miller.
Contract includes:
• Systems Furniture, Freestanding, Storage, Seating, Tables, Accessories and Technology Support • Repair Parts
• Services for an additional fee: Design, Project Management, Asset Management, Demolition, Storage, Labor/Installation.
Term:
Initial five (5) year agreement from May 28, 2020 through April 30, 2024 with the option to renew for five (5) successive years (Renewal Terms), exercised individually, in combinations, and/or as a single block of 5 years through April 30, 2029.
Pricing/Discount: Discount off List.
OMNIA Partners, Public Sector Web Landing Pages:https://www.omniapartners.com/ publicsector/suppliers/herman-miller/contract-documentation
U N I V E R S I T Y O F C A L I F O R N I A
March 10, 2023
To: Participating Organizations, Education Entities, State Agencies, and Suppliers From: Marilyn Biscotti, Senior Commodity Manager
RE: Herman Miller & University of California National Contract #2019.001890 - MillerKnoll Acquistion
This memo will serve that Amendment #2 to the Herman Miller agreement, is notice that the supplier’s name from Herman Miller will be changed to MillerKnoll, Inc. (Supplier). The acquisition was effective on November 1, 2021.
The Herman Miller name is good through end of 2026 so there are no changes to billing or eCommerce platforms until further notice.
This Amendment #2 is to also add:
• Pricing sections for Knoll products are specific for OMNIA National and for the University of California. • Commencing on January 1, 2023, the January 1, 2022 price list will be in effect. • Exhibit F – UC/California Dealer Network, has been updated to indicate Small Business or Diverse Certifications, this is noted in the 3rd column, Dealer Status.
All other terms and conditions of the agreement shall remain in full unless changed, altered, or amended on a formal contract amendment signed by both parties per the requirements of the contract.
Thank you
Marilyn Biscotti
Marilyn Biscotti
Senior Commodity Manager - Strategic Sourcing
UC Procurement Services
[email protected]
OFFICE OF THE EXECUTIVE VICE PRESIDENT – CHIEF FINANCIAL OFFICER
OFFICE OF THE PRESIDENT
1111 Franklin Street, 10th Floor
Oakland, California 94607-5200
Amendment #2 to Agreement UCOP -0001890
This Amendment #2 to Agreement #UC2019.001890 (“Agreement”) is entered into between The Regents of the University of California (UC) and MillerKnoll, Inc. (Supplier) for the purposes detailed below.
AMENDMENT TO AGREEMENT
The Agreement is hereby amended as follows:
Heading of Purchase Agreement
This section shall be changed to read:
As a result of Request for Proposal # (RFP # 001218 - RFP - OFFICE FURNITURE - UC SYSTEMWIDE – JULY182019), the Agreement to furnish certain goods and services described herein and in the documents referenced herein, is a Master Agreement for the purchase of office furniture and related services (“Goods and/or Services”) and is made by and between The Regents of the University of California, a California public corporation (“UC”) on behalf of the University of California, and MillerKnoll, Inc. (“Supplier”); such contract to be made available as a Cooperative Purchasing Contract through OMNIA Partners Public Sector. This Agreement is binding only if it is negotiated and executed by an authorized representative with the proper delegation of authority.
Attachment A to Purchase Agreement (Statement of Work)
8. Pricing
D. Volume Pricing – Pricing within Exhibits, includes Volume Discounts. As indicated on this Exhibit, the UC may negotiate pricing on any single order where Manufacturer’s product cost (total) is in excess of the pre-determined discount levels/tiers reflected on Exhibits A & B to this Agreement for Office Furniture Products. These orders are defined as "high-volume" orders. NET is defined as the estimated List-value of the entire order, less discounts, and includes all service fees and expenses excluding taxes." For the Knoll Category of Products, the discount levels/tiers will be applied to the volume of each product line code and not to the total purchase order volume as it is for Herman Miller branded products.
[Expanding Exhibit A with the following at the end] Knoll products located in the National pricing section.
1. FIXED PERCENTAGE (%) DISCOUNT OFF THE MANUFACTURER'S LIST PRICE - FURNITURE CATEGORIES AND OTHER RELATED
PRODUCTS
CATEGORY PRODUCT LINE DROP SHIP INSIDE
DELIVERY
Systems Furniture Antenna Workspaces 68.5% 65.5%
Systems Furniture AutoStrada 68.5% 65.5%
Systems Furniture Currents 68.5% 65.5%
Systems Furniture Dividends Horizon 68.5% 65.5%
Systems Furniture ReffProfiles Vol I: 26_1/2" Planning 68.5% 65.5% Systems Furniture ReffProfiles Vol II: 28_3/8" Planning 68.5% 65.5% Systems Furniture Series 2 68.5% 65.5%
Freestanding Furniture Crinion Open Table 59.5% 56.5%
Freestanding Furniture DatesWeiser, Highline Collection 41.0% 38.0% Freestanding Furniture DatesWeiser, Highline Vector 41.0% 38.0% Freestanding Furniture DatesWeiser, JD Collection 41.0% 38.0% Freestanding Furniture Islands Collection 57.5% 54.5%
Freestanding Furniture k. base; k. stand Price List 68.5% 65.5% Freestanding Furniture k. bench 68.5% 65.5%
Freestanding Furniture k. screen 68.5% 65.5%
Freestanding Furniture KnollExtra 59.5% 56.5%
Freestanding Furniture KnollStudio 52.5% 49.5%
Freestanding Furniture LSM Collection 52.5% 49.5%
Freestanding Furniture Pixel Collection 57.0% 54.0%
Freestanding Furniture Propeller Collection 52.5% 49.5% Freestanding Furniture Muuto 23.0% 20.0%
Freestanding Furniture Rockwell Unscripted 57.5% 54.5%
Freestanding Furniture Tone 68.5% 65.5%
Freestanding Furniture Upstart 68.5% 65.5%
Seating / Chairs Office Seating (Newson Task Seating, k. task, Remix, Life, Generation, Regeneration, Multigeneration) 59.5% 56.5%
Seating / Chairs Office Seating (Moment, Ollo) 52.0% 49.0% Soft Seating k. lounge 57.0% 54.0%
Soft Seating Pixel Lounge 57.5% 54.5%
Filing Systems, Storage & Equipment Anchor 68.5% 65.5%
Filing Systems, Storage & Equipment Calibre 59.5% 56.5% Filing Systems, Storage & Equipment Quoin 68.5% 65.5%
Filing Systems, Storage & Equipment Template 68.5% 65.5%
OTHER RELATED PRODUCTS PRODUCT DROP SHIP INSIDE
DELIVERY
Renewal / Replacement Parts 24 Response 40.0% n/a
3. FIXED RATE:
Storage $1.65/sq ft.
[Delete and replace Exhibit B with the following.]
EXHIBIT B - UNIVERSITYOF CALIFORNIA DISCOUNT & SERVICE PRICING AND PRICING TERMS B.1 Product/Service Pricing - UC
The price for Products purchased under this Amendment #2 to Agreement shall be those prices shown in the applicable Price List in effect for the UC at the time the purchase order is placed, less the minimum discounts on the items listed below. September 3, 2019 price list, as bid in August 2019, shall remain firm until April 30, 2021. Commencing on January 1, 2023, the January 1, 2022 price list will be in effect.
The price for services as stated as a ‘Discount off List Price’ (included with delivered product) or as ‘Services Rates’ priced hourly/separately per service.
Deliveriesfrom manufacturer or Dealer to the UC shall be FOB, UC designated location, freight prepaid and allowed for purchase orders within the United States.
B.2 UC Price Protection
Price Protection – Discount Percentages/Pricing Structure, as quoted in the RFP Response and negotiated, shall remain firm for the initial period of the agreement (May 28, 2021 to April 30, 2024). In addition, actual prices quoted at the time of this RFP, as based on discount off current Manufacturer’s National List Price September 3,2019, shall be held firm for a minimum of one year from contract execution, meaning prices quoted cannot increase during the first 12 months period of the agreement (UC Effective Date of 11-1-20), regardless of any change to the Manufacturer’s National List Price. Additional Price List advancements will not be considered more than once yearly. If increases are supported by market data and negotiated with Contract Administrator (see below). UC orders are subject to Price List, in effect for UC at order placement. Subject to applicable law, Supplier acknowledges and agrees that its most favorable overall pricing and value shall be offered to the UC as compared to similar entities with like economic, service and purchase commitments excluding offers to federal government; such Federal Gov’t discounts and overall pricing, not to exceed UC most favorable overall pricing (by item), after price list and discount are applied.” All prices must be verifiable and auditable from the date of the contract award. a) Product list-price adjustment shall be effective upon a sixty (60) day written notification given to UC. When submitting notice of increases, SUPPLIER shall provide supporting documentation, which will include a spreadsheet displaying product increases and the UC weighted average increase, as well as market information and commodity indices (as referenced below) supporting the change:
• Commodity Information/Market Drivers
• Pertinent index/indices covering the previous period of service; 1) PPI -BLS SeriesID: WPU122 Price of Commercial Furniture; 2) PPI -BLS Series Page 97 of 186 ID: WPU12220325 Price of Non-wood Office Seating; 3) CPI-U, US city Average, All Items less Food and Energy • Pertinent labor data including (but not limited to NAICS 3370A1 - Furniture and Related Product Manufacturing (3371 and 3372 only) Calculation of weighted average increase will be based on items purchased over the previous 12 months by UC. In the event the UC weighted average change has a significant and documented cost increase in excess of 3.0%, a full examination of market data and resources, shall be conducted by UC and Supplier to arrive at a final determination of market impact/increase. Impacted areas/product may be negotiated by UC, individually and/or as an aggregate, to arrive at the final determined increase; changes to be mutually approved. b) Service Pricing Increases (Hourly Service Rates -not inclusive of Prevailing Wage Quotes) - Hourly Service and Labor Charges are quoted for services provided by Supplier’s Dealers. Increases are not allowed during the Initial (UC) Agreement Term unless unforeseen events/circumstances,regional or state-wide, create market pressures limiting the ability of a Dealer to contract for services within the parameters of this Agreement. In that event, the Supplier shall supply proof of market condition and/or any alignment to "Increases for Modular Furniture Installation #NC-23-31-15-2019-1",to UC contract Administrator, with request; outcome to be supported and mutually agreeable.
Product line
Drop
Ship/Inside
Delivery
Basic
Installation
See service
clarifications
and additional
charges noted
below table
Complex Installation
See service
clarifications and
additional charges
noted below table
Drop Ship/Inside Delivery Volume
Discounts
>350k
Action Office® 1 & AO2 Panels (B) 68.50% 65.50% 63.50% 69.50% Negotiable Action Office® 2 Components (J) 68.50% 65.50% 63.50% 69.50% Negotiable Canvas Channel (FZ) 67.00% 64.00% 62.00% 69.50% Negotiable Canvas Dock (FD) 67.00% 64.00% 62.00% 69.50% Negotiable Canvas Office Landscape® Group-Based
(FR) 67.00% 64.00% 62.00% 69.50% Negotiable
Canvas Office Landscape® Private Office
(FV) 67.00% 64.00% 62.00% 69.50% Negotiable
Canvas Office Landscape® Wall-Based
(FT) 67.00% 64.00% 62.00% 69.50% Negotiable
Canvas Vista (FX) 67.00% 64.00% 62.00% 69.50% Negotiable Ethospace® (U) 67.00% 64.00% 62.00% 69.50% Negotiable
Formwork™ (CY) 38.00% 35.00% 33.00% 40.00% Negotiable
Intent Solution (CF) 52.25% 49.25% 47.25% 53.25% Negotiable Layout Studio® (LS) 49.00% 46.00% 44.00% 51.00% Negotiable Prospect (CB) 51.20% 48.20% 46.20% 52.50% Negotiable
Public Office Landscape™ (BV) 52.00% 49.00% 47.00% 54.00% Negotiable Ambit (IH) 65.00% 62.00% 60.00% 66.00% Negotiable
Canvas Office Landscape® Metal Desk
(FK) 67.00% 64.00% 62.00% FALSE Negotiable
Ergonomic Computer Furniture (TE) 62.00% 59.00% 57.00% 64.00% Negotiable Exclave Performance Gear (EX) 51.30% 48.30% 46.30% 52.70% Negotiable Herman Miller International Collection™
(IK) 44.00% 41.00% 39.00% 46.00% Negotiable
Nevi Link (IL) 65.77% 62.77% 60.77% 67.02% Negotiable
Renew Link (IB) 65.77% 62.77% 60.77% 67.02% Negotiable
Geiger Domino Storage™ (DS) 38.00% 35.00% 33.00% 40.00% Negotiable Geiger Catalyst™ (HL) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Eco™ Group (GF) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Keyeira™ Express (HN) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Levels® (HV) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Other (GZ) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Petri/Eco Common (GT) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Petri™ Casegoods (GR) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Petri™ CaseSystem (GQ) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Shelf (SS) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Tablet® Casegoods (G9) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Triuna™ Collection (G2) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Ward Bennett™ Tables & Storage
(H3) 41.00% 38.00% 36.00% 43.00% Negotiable
OE1 Boundary (JC) 66.25% 63.25% 61.25% 67.25% Negotiable OE1 Micro Packs(JD) 67.25% 64.25% 62.25% 68.25% Negotiable Rhythm (RM) 49.00% 46.00% 44.00% 50.00% Negotiable
Nelson Lighting (NL) 35.00% 32.00% 30.00% 37.00% Negotiable Canvas Office Landscape® Metal Filing &
Storage (FM) 67.00% 64.00% 62.00% 69.00% Negotiable
Canvas Office Landscape® Wood Filing &
Storage (FF) 67.00% 64.00% 62.00% 69.00% Negotiable
Meridian® Laterals (MF) 53.00% 50.00% 48.00% 54.50% Negotiable Meridian® Pedestals (MP) 53.00% 50.00% 48.00% 54.50% Negotiable Meridian® Storage Cases/Book Cases
(MS) 51.00% 48.00% 46.00% 52.50% Negotiable
Meridian® Towers (MG) 51.00% 48.00% 46.00% 52.50% Negotiable Meridian® Verticals (MV) 53.00% 50.00% 48.00% 54.50% Negotiable Nelson™ Cabinets (NC) 35.00% 32.00% 30.00% 37.00% Negotiable OE1 Storage (JE) 67.25% 64.25% 62.25% 68.25% Negotiable Quadrant B-Front Lateral Files (2) 50.00% 47.00% 45.00% 52.00% Negotiable Quadrant B-Front Pedestals (BP) 67.00% 64.00% 62.00% 69.00% Negotiable Quadrant F-Front Lateral Files (2A) 50.00% 47.00% 45.00% 52.00% Negotiable Quadrant F-Front Pedestals (BQ) 67.00% 64.00% 62.00% 69.00% Negotiable Tu® Laterals (UL) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Pedestals (UP) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Storage (US) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Towers (UT) 65.00% 62.00% 60.00% 66.40% Negotiable
Tu® Wood Cases (UW) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Wood Credenzas (UJ) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Wood Cubbies (UH) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Wood Peds (UF) 65.00% 62.00% 60.00% 66.40% Negotiable Tu® Wood Towers (UI) 65.00% 62.00% 60.00% 66.40% Negotiable Product Category
UC Program - Manufacturer Discount off List Based on Product Value of Each Order Includes All Products Lines, see Tab 3 for which meet sustainabilty and warranty requirements Systems Furniture
Freestanding Furniture
Storage
Tier 1 0-$100K Tier 2 $100K-350K
Aeron® Chairs (EC) 51.50% 50.50% 48.50% 52.50% Negotiable Aside® Seating (PD) 54.25% 53.25% 51.25% 55.25% Negotiable Axa (XA) 37.25% 36.25% 34.25% 38.25% Negotiable
Betwixt (LN) 40.00% 39.00% 37.00% 42.00% Negotiable
Caper® Chair (WC) 51.00% 50.00% 48.00% 53.00% Negotiable Celle® Chair (TR) 49.00% 48.00% 46.00% 51.00% Negotiable Chadwick™ Modular Seating (V) 35.00% 34.00% 32.00% 37.00% Negotiable Classical Seating (E) 44.00% 43.00% 41.00% 46.00% Negotiable Collection (ER) 44.00% 43.00% 41.00% 46.00% Negotiable
Comma (WR) 48.00% 47.00% 45.00% 50.00% Negotiable
Cosm (FC) 50.50% 49.50% 47.50% 52.00% Negotiable
Eames® Aluminum Group (H) 48.00% 47.00% 45.00% 49.00% Negotiable Eames® Molded Plastic and Wire Chairs
(VT) 41.50% 40.50% 38.50% 42.50% Negotiable
Eames® Tandem Seating (L) 48.00% 47.00% 45.00% 49.00% Negotiable Embody® (CN) 47.00% 46.00% 44.00% 49.00% Negotiable
Gaming (XB) 22.00% 21.00% 19.00% 24.00% Negotiable
Goetz™ Sofa (GS) 38.00% 37.00% 35.00% 40.00% Negotiable Keyn (TV) 48.00% 47.00% 45.00% 49.00% Negotiable
Limerick® Seating (PO) 54.50% 53.50% 51.50% 55.50% Negotiable Lino (MI) 49.00% 48.00% 46.00% 51.00% Negotiable
Mirra2 Seating (LF) 50.50% 49.50% 47.50% 52.00% Negotiable Portrait (AW) 46.00% 45.00% 43.00% 48.00% Negotiable
Plex (XX) 44.50% 43.50% 41.50% 46.50% Negotiable
Pronta (JO) 53.50% 52.50% 50.50% 54.50% Negotiable
SAYL® (AV) 52.00% 51.00% 49.00% 53.50% Negotiable
Setu® (RY) 50.00% 49.00% 47.00% 51.50% Negotiable
Stools (SO) 35.00% 34.00% 32.00% 37.00% Negotiable
Verus (PI) 49.50% 48.50% 46.50% 51.50% Negotiable
Geiger Foray (NG) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Guest Seating (H5) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Sotto™ (H6) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Stackable™ (H7) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Stools (H2) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Taper (FG) 49.00% 48.00% 46.00% 50.00% Negotiable Leeway (LA) 49.00% 48.00% 46.00% 49.00% Negotiable
HAY HM (2C) 44.00% 43.00% 41.00% 46.00% Negotiable
naughtone (NO) 44.00% 43.00% 41.00% 44.00% Negotiable
Nemschoff 47.00% 45.00% 43.00% 47.00% Negotiable
Swoop™ (OA) 44.00% 43.00% 41.00% 46.00% Negotiable
Geiger Lounge Seating (H8) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Reframe (HJ) 49.00% 48.00% 46.00% 50.00% Negotiable Geiger Ward Bennett™ Seating (HU) 41.00% 40.00% 38.00% 42.00% Negotiable ColourForm Sofa Group (CU) 35.00% 34.00% 32.00% 37.00% Negotiable Striad (SD) 35.00% 34.00% 32.00% 37.00% Negotiable
Vantum Gaming (XM) 29.60% 28.60% 26.60% 30.60% Negotiable Zeph (BA) 53.50% 52.50% 50.50% 54.50% Negotiable
Objects (AB) 39.50% 38.50% 36.50% 40.50% Negotiable
AGL Table Group™ (DF) 35.00% 32.00% 30.00% 37.00% Negotiable Burdick Group™ (Y) 44.00% 41.00% 39.00% 46.00% Negotiable Eames® Tables (ET) 46.70% 43.70% 41.70% 48.70% Negotiable Everywhere™ Tables (IV) 65.00% 62.00% 60.00% 67.00% Negotiable Herman Miller Tables (F) 67.00% 64.00% 62.00% 69.00% Negotiable Motia Table (AH) 65.77% 62.77% 60.77% 67.02% Negotiable Nelson™ Tables (NX) 35.00% 32.00% 30.00% 37.00% Negotiable Nevi Sit-to-Stand Tables (ID) 65.77% 62.77% 60.77% 67.02% Negotiable OE1 Tables and Benching (JF) 67.25% 64.25% 62.25% 68.25% Negotiable Renew Tables (IE) 65.77% 62.77% 60.77% 67.02% Negotiable Geiger Axon (HW) 38.00% 35.00% 33.00% 40.00% Negotiable Geiger Caucus Conferencing Suite™ (HY) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Conference Tables (HZ) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger MP Tables (HE) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Occasional Tables (H9) 49.00% 46.00% 44.00% 50.00% Negotiable Geiger Elsi (LC) 49.00% 46.00% 44.00% 50.00% Negotiable Accessories (8) 68.50% 65.50% 63.50% 69.50% Negotiable
C-Style Overhead Storage (CS) 67.00% 64.00% 62.00% 69.00% Negotiable Energy Distribution System (C) 68.50% 65.50% 63.50% 69.50% Negotiable Generic (R) 64.00% 61.00% 59.00% 66.00% Negotiable
Innovative Products (IP) 44.00% 43.00% 41.00% 46.00% Negotiable Keys & Locks (KA) 64.00% 61.00% 59.00% 66.00% Negotiable Lighting (A) 68.50% 65.50% 63.50% 69.50% Negotiable
Textiles (K) 64.00% 61.00% 59.00% 64.00% Negotiable
Thrive® CBS Portfolio (Z2) 52.00% 49.00% 47.00% 54.50% Negotiable Thrive® Ergonomic Portfolio (ZZ) 52.00% 49.00% 47.00% 54.50% Negotiable Thrive® Global (Z3) 52.00% 49.00% 47.00% 54.50% Negotiable Repair Parts (non-warranty) - Discount off List
Co/Struc® (S) 53.50% Negotiable Negotiable Negotiable
Compass™ System (TW) 52.00% Negotiable Negotiable Negotiable Herman Miller for Healthcare Action Lab
(D) 51.50% 48.50% 46.50% Negotiable
Herman Miller for Healthcare Carts (SA) 11.00% 8.00% 6.00% Negotiable Mora (CH) 52.00% Negotiable Negotiable Negotiable
Living Office Hardware (OS) - does not
include software/subscriptions 50.00% Negotiable Negotiable Negotiable Overlay (MN) 52.00% 49.00% 47.00% Negotiable
Magis® Alliance (CW) 39.50% 38.50% 36.50% Negotiable
Mattiazzi Alliance (CX) 39.50% 38.50% 36.50% Negotiable Seating
Tables
Accessories and Technology Support
Repair Parts follow product discounts as shown
Other Categories
Clarifications/Exceptions Noted:
6) Local Prevailing Wage and/or Union Labor Rates
7) Mora, Compass, CoStruc casework systems installation to be quoted and approved by the buyer prior to performance of the work. 8) Living office installation, software, licenses, and subscriptions will be quoted and approved by the buyer prior to performance of work.
Any additional charges shall be quoted by the dealer and approved by the buyer prior to performance of the work.
NTE = Not To Exceed
- Adequate facilities for delivery, unloading, moving and staging/storing the product during the installation process shall be provided.
Labor/Installation -Hourly labor rates are quoted using the appropriate hourly labor application, such as Union rate, Prevailing Wage rate, or your Standard Labor rate (not to be less than UC Fair Wage-Fair Work rate), taking into consideration the labor activity required for the installation and the local labor regulations. Proposer to state your standard labor rate (may quote a range) noting it must equal or exceed UC Fair Work/Fair Wage requirement - currently $15.00 hourly.
Rates quoted are standard rates, Union and Previaling Wage may require addtional charges.
Hourly Rates Comments
Standard Installation Labor
$40.00-$65.00
Services Associated with Discount off List
Drop Ship Delivery has two options:
• Manufacturer ships to any delivery, accessible campus location. This option contains the possibility of multiple delivery points. • Manufacturer ships to one default location at the campus location. This option highlights the campus capability to receive shipments at a central delivery spot. - Dock Delivery Option includes product delivery to the site, purchaser is responsible for unloading. This option is an additional 2% (1% for Nemschoff) product discount from the Drop/Inside Delivery discounts shown in the schedule above.
Dealer Delivery/Basic Installation Services will include:
• Product is unloaded off the truck and delivered to the point inside a building during normal business hours, M-F, 7:00am-4:30pm local time. • Furniture wiped down, leveled, and place ready-to-use furniture per customer’s instructions. • Removal and disposal of any packing materials (removed from UC site/property). • ADA compliance (required)
• Dealer management as it relates to final order-ready quote, exact delivery dates and times, placement/install of the furniture items, correction of any discrepancies between the final quote and customer purchase order, replacing any items short shipped and/or accepting the return of any over shipments and/or missed shipments, and submitting accurate invoice that matches the customer’s purchase order. • Processing of any necessary freight/damage claims.
Dealer Delivery/Complex Installation Services (i.e., project pricing) will include:
• All services described in above Basic Installation.
• Project Management, which are services in which many segments of a furniture project must be professionally coordinated and well-orchestrated through the punch list, proper oversight must be maintained, and milestones must be adhered to.
• Design Services, which are services and processes required to convert a customer’s expressed needs into a functional design and an accurate, order-ready specification. Design Services are outlined below.
Exclusions, which are the customer’s responsibility, are:
• Any work requiring a licensed electrician including, but not limited to, hardwiring of furniture to the building source. • Connection of phone and data lines to the building source Exclusion, which would incur additional labor and equipment cost, is:
• Any furniture product that must be conveyed via alternative means, including stairs, forklift, access corridors, etc.
Installation & Delivery Services:
The service option product discounts include "standard" services only, subject to the conditions listed below. The discounts are "not to exceed" percentages that may be lower as quoted by the servicing dealer dependent on the specific project conditions. Additional charges and services shall be negotiated in advance of the service being performed.
- Installation will be performed during normal weekday working hours.
Standard rate, normal business hours. Does not include Union or Prevailing wage, If required those rates would be determined by State, County and Trade and provided at time of quote. See exceptions noted below.
4) Special restrictions or limits established by local laws, ordinances or the directions of the buyer, including but not limited to restrictions on transportations of materials, street access to the job site and/or dock facilities: NTE 1% - 3.5% of list product value 5) Installations outside of a 50 mile radius of the servicing dealer: NTE 1% - 2% of list product value. - Service work will shall not be hindered by other trades. - Electric, heat, and adequate elevator service will be furnished without charge. - The immediate installation area shall be complete and free of debris including the carpet/flooring before installation commences. - Any work requiring a licensed electrician is the responsibility of the buyer. - Travel expenses will be quoted as necessary.
Additional Charges May Apply For:
1) Orders of an aggregate quantity of 1 - 10 chairs, desks, files, peds - NTE $300 fee per delivery. 2) Major Metro Markets and any non-ground floor installation: NTE 1% - 3.5% of list product value - Major Metro Markets include large population centers and urban environments. 3) Installation in a clinical/medical environment: NTE 1% - 3.5% of list product value Storage Rate per Sq. Ft. Comments
Storage (for anything beyond the mandated 30 days) $1.50 -$1.85 * Storage for planning only, actual cost to be quoted; in/out and other services onsite and/or trailer storage are extra
RePurpose Program To be Quoted
Herman Miller will work with the customer to determine the best product disposition via our repurpose program
FFE Mgt. Services $90.00-$115.00 See Notes below for scope and additional charges Performance Environments To be Quoted See Notes below for scope and additional charges Occupancy Planning/CAD Drafter $60.00-$89.25 See Notes below for scope and additional charges Build-Out Project Mgt. Services $90.00-$115.00 See Notes below for scope and additional charges Installation/Reconfiguration of existing product $40.00-$65.00 See Notes below for scope and additional charges Strategic Planning Services $100.00-$157.50 See Notes below for scope and additional charges Asset Management (e.g. Dealer tracks ownership at campus level) $55.00-$89.25 See Notes below for scope and additional charges Demolition (breakdown and removal or repacking of old stock) $40.00-$65.00 See Notes below for scope and additional charges Design Services $55.00-$78.75 See Notes below for scope and additional charges Project Management Services $55.00-$89.25 See Notes below for scope and additional charges Other Required Se+A157:J173rvices for UC Locations - to be offered by Dealer for additional cost when not included in Customer's chosen Discount package, listed above.
Hourly Rates Comments
EXHIBIT G – UC Special Conditions
1. Administrative Fees and Incentives
In addition to OMNIA Partners administrative fees associated with manufacturer’ssales under this contract; 1) Supplier/manufacturer shall provide a UC specific rebate of 2.5% of manufacture’s productsales such amounts to be paid quarterly, directly to the UC locations, for the duration of any contract resulting from this RFP process. The amount of quarterly rebate provided to each UC location will be calculated based on the total of product and service billed and paid for each location. Note: Each UC location will have the right to modify proposal pricing for an individual campus, up to 2.5%, in the event a UC location decides not to implement a rebate program. Instructions for reporting and the Contacts for Payment of Incentives, can be found at https://www.ucop.edu/procurement-services/for-suppliers/supplier-reporting-files/patronage-andincentives-contact-list.pdf Note: Rebate Item 0.4 of the RFP, as confirmed thru the UC response to questions (and related to above), shall be revised to state the amount of quarterly rebate provided to each UC location will be calculated based on the total of product and service billed and paid for each location.
Exhibit F – UC/California Dealer Network and Capabilities Summary.
MillerKnoll’s Authorized Dealers for UC—
Product line
Drop
Ship/Inside
Delivery
Basic
Installation
See service
clarifications
and additional
charges noted
below table
Complex Installation
See service
clarifications and
additional charges
noted below table
Drop Ship/Inside Delivery Volume
Discounts
>350k
Antenna Workspaces 69.50% 66.50% 64.50% 70.50% Negotiable AutoStrada 69.50% 66.50% 64.50% 70.50% Negotiable
Currents 69.50% 66.50% 64.50% 70.50% Negotiable
Dividends Horizon 69.50% 66.50% 64.50% 70.50% Negotiable ReffProfiles 69.50% 66.50% 64.50% 70.50% Negotiable
Series 2 69.50% 66.50% 64.50% 70.50% Negotiable
Crinion Open Table 69.50% 66.50% 64.50% 70.50% Negotiable DatesWeiser, Highline Collection 41.00% 38.00% 36.00% 42.00% Negotiable DatesWeiser, Highline Vector 41.00% 38.00% 36.00% 42.00% Negotiable DatesWeiser, JD Collection 41.00% 38.00% 36.00% 42.00% Negotiable Islands Collection 57.50% 54.50% 52.50% 57.75% Negotiable k. base; k. stand 69.50% 66.50% 64.50% 70.50% Negotiable k. bench 69.50% 66.50% 64.50% 70.50% Negotiable
k. screen 69.50% 66.50% 64.50% 70.50% Negotiable
KnollExtra 60.00% 57.00% 55.00% 60.50% Negotiable
KnollStudio 52.75% 49.75% 47.75% 53.00% Negotiable
LSM Collection 57.00% 54.00% 52.00% 57.25% Negotiable
Pixel Collection 57.00% 54.00% 52.00% 57.25% Negotiable Propeller Collection 57.00% 54.00% 52.00% 57.25% Negotiable Muuto 23.00% 20.00% 18.00% 24.00% Negotiable
Rockwell Unscripted 57.50% 54.50% 52.50% 57.75% Negotiable Tone 69.50% 66.50% 64.50% 70.50% Negotiable
Upstart 69.50% 66.50% 64.50% 70.50% Negotiable
Newson Task Seating 59.50% 56.50% 54.50% 60.50% Negotiable k. Task Seating 59.50% 56.50% 54.50% 60.00% Negotiable
Remix 59.50% 56.50% 54.50% 60.50% Negotiable
Life 59.50% 56.50% 54.50% 60.50% Negotiable
Generation 59.50% 56.50% 54.50% 60.50% Negotiable
Regeneration 59.50% 56.50% 54.50% 60.50% Negotiable
Multigeneration 59.50% 56.50% 54.50% 60.00% Negotiable
Moment 59.50% 56.50% 54.50% 60.00% Negotiable
Ollo 59.50% 56.50% 54.50% 60.00% Negotiable
k. lounge 57.00% 54.00% 52.00% 57.50% Negotiable
Pixel Lounge 57.50% 54.50% 52.50% 57.75% Negotiable
Anchor 69.50% 66.50% 64.50% 70.50% Negotiable
Calibre 60.00% 57.00% 55.00% 61.00% Negotiable
Quoin 69.50% 66.50% 64.50% 70.50% Negotiable
Template 69.50% 66.50% 64.50% 70.50% Negotiable
Freestanding Furniture
Seating
Storage
Product Category
UC Program - Manufacturer Discount off List Based on Product Value of Each Product Line Tier 1 0-$100K Tier 2 $100K-350K
Systems Furniture
The below list of Dealers is current as of the signing of this Agreement. Herman Miller Primary Dealers assigned to the UC, may be changed by mutual agreement or per UC request, per RFP requirements. In addition, Supplier reserves the right to add or delete a UC Primary Dealer, should it be required owing to a change in Supplier’s business relationship with that Dealer or Dealer’s capability to meet the requirements of this Agreement, thus necessitating the change. In that event, should the UC request it, a new Dealer, with required capabilities, shall be established within a similar or superior, proximity to the UC(s). Any change of this nature (addition or deletion), over the lifetime of this Agreement, shall be made in writing, ninety (90) days in advance of addition and/or deletion of Dealer and shall not work to the detriment of any current projects, in process with any UC Locations Dealer #1 Campuses covered Dealer Status (i.e.
Primary or
Secondary)
Services Offered Manufacturer
showroom
location(s)
Pivot Interiors Bay
Area/Northern CA -
(San Francisco,
Fremont, Santa
Clara)
UCSF, Berkeley,
Santa Cruz, UCOP
HQ, Davis, Merced
Certified Herman
Miller Dealer
Pivot East
Bay- Small
Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair (warranty or non-warranty)
Asset disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #2 Campuses covered Dealer Status and
Classification(s)
Services Offered Manufacturer
showroom
location(s)
Pivot Interiors
SoCal (Los Angeles,
La Marada, Costa
Mesa)
Irvine, UCLA Certified
MillerKnoll Dealer
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair (warranty or non-warranty)
Asset disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #3 Campuses covered Dealer
Status and
Classificatio
n(s)
Services Offered Manufacturer
showroom
location(s)
Tri County (Santa
Barbara, Ventura)
Santa Barbara Certified MillerKnoll
Dealer
Small
Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair (warranty or non-warranty)
Asset disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #4 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
MTA (Sacramento) UC Davis Dealer Status and
Classification(s)
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #5 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
Facility Designs
(Fresno)
Merced Certified MillerKnoll
Dealer
Women Owned
Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #6 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
Interior Motions
(Emeryville,
Pleasanton)
UCSF, Berkeley,
Santa Cruz, UCOP
HQ
Certified MillerKnoll
Dealer
Small Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #7 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
CRI (San Francisco) UCSF, Berkeley,
Santa Cruz, UCOP
HQ
Certified MillerKnoll
Dealer
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #8 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
The Sheridan Group
(Calabasas, Los
Angeles, La Palma,
San Luis Obispo)
UCLA, UC Irvine Certified MillerKnoll
Dealer
La Palma LocationWomen Owned
Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #9 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
G/M Business
Interiors (San Diego,
Riverside, Irvine)
San Diego,
Riverside, UCI,
UCLA
Certified MillerKnoll
Dealer
Women Owned
Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #10 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom location(s)
KBM Hogue
(Sacramento, San
Francisco, San Jose)
UC Davis, UCSF,
Berkeley, Santa
Cruz, UCOP HQ
Certified MillerKnoll
Dealer
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #11 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
M3 Office UCLA, UC Irvine Certified MillerKnoll
Dealer
Woman Owned
Business
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #12 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom location(s)
Western Office UCLA, UC Irvine Certified MillerKnoll
Dealer
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #13 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
Trope Santa Rosa UC Davis, UCSF,
Berkeley, Santa
Cruz, UCOP HQ
Certified MillerKnoll
Dealer
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
Dealer #14 Campuses
covered
Dealer Status and
Classification(s)
Services
Offered
Manufacturer
showroom
location(s)
RDI UCSF, Berkeley,
Santa Cruz, UCOP
HQ
Certified MillerKnoll
Dealer
Sales
Installation
Design
Project management
Inventory/asset management
Moves/reconfigurations
Repair
(warranty
or nonwarranty)
Asset
disposal
Los Angeles, Ca., San
Francisco, Ca
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
February 12, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Ana Jaramillo, Executive Assistant
SUBJECT: Approving Specifications and Authorizing Advertising and Calling for Bids for Community Center Roof Repairs (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approves the specifications and authorizes advertising and calling for bids for the Community Center Roof Repairs, Project No. 24-01, Bid Call Number 726-24.
I. BACKGROUND/ANALYSIS:
The existing roof at the Community Center is a standing seam metal panel with crimped seams. The design incorporates an internal gutter system which is typically problematic.
When it is raining, the roof will leak and water will get into some of the rooms inside the Community Center. On May 10, 2023, the City hired a roof evaluator to inspect the roof and determine where the leaks were coming from and an estimated cost of repairs so that the repairs could be included in the Fiscal Year 2023-24 Budget. The Council approved up to $100,000 for repairs to the Community Center roof upon adoption of the Fiscal Year 2023-24 Budget.
The scope of work consists of inspection of the roof and interior for any damages or areas of leaks, installing Unibond Butyl Tape to all repair areas, installing Garland metal primer, applying Liquitec at a rate of three (3) Gallons per square in two coats to areas where repairs will be made over Unibond Butyl Tape, install Tuff Stuff sealant at all pipe penetrations. The work included in the scope has an expected life of 15 years. The estimate for repairs to the Community Center Roof is $100,000. The bids are due on March 15, 2024, and staff intends to report back to the City Council on the March 25, 2024, Council meeting with the results of the bid call and award of a General Construction Agreement with the lowest bidder.
II. FISCAL IMPACTS:
Sufficient funding is available in FY 2023-24 Budget, Internal Services Fund, Building Department, Improvements Other Than Building, Account No. 7000.9090.6031.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Approving Specifications and Authorizing Advertising and Calling for Bids for Community Center Roof Repairs (Public Works Director Vinson) Page 2
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 considered a project as defined under Section 21065 of the Public Resources Code as this action would not directly or reasonably indirectly significantly impact the physical environment.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, staff will advertise the Notice Inviting Bids in a local newspaper, on the City's website, and with one or more regional Builders Exchange.
Staff anticipates returning to the City Council with a recommendation to award the General Construction Contract for the project.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Greg Thompson, Deputy City Manager
Agenda Report - Approving Specifications and Authorizing Advertising and Calling for Bids for Community Center Roof Repairs (Public Works Director Vinson) Page 3
Attachments:
1. City of Atwater BidPackage
______________________________
Justin Vinson
Public Works Director
______________________________
Date
NOTICE INVITING FORMAL BIDS
AND
PROJECT SPECIFICATIONS
For
City of Atwater Roofing Project 2024
BID CALL NO.: 726-24 PROJECT NO. 24-01
BID OPENING: Thursday, March 14, 2024 @ 2:00 P.M. PST
PUBLIC WORKS DEPARTMENT
BID DOCUMENTS
FOR
CITY OF ATWATER
COMMUNITY CENTER ROOFING PROJECT 2024
AT
CITY OF ATWATER COMMUNITY CENTER
760 E BELLEVUE ROAD ATWATER, CA 95301
FOR
CITY OF ATWATER
750 BELLEVUE ROAD ATWATER, CA 95301
TABLE OF CONTENTS
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NOTICE INVITING BIDS .............................................................................................................1 INSTRUCTIONS TO BIDDERS....................................................................................................3 DESIGNATION OF SUBCONTRACTORS ................................................................................10 DESIGNATION OF SUBCONTRACTORS FORM ....................................................................11 BID FORM....................................................................................................................................12 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION FORM ....16 NON-COLLUSION DECLARATION..........................................................................................17 BID GUARANTEE FORM ..........................................................................................................18 BID BOND FORM........................................................................................................................19 AGREEMENT FORM ..................................................................................................................23 PAYMENT BOND ........................................................................................................................30 PERFORMANCE BOND .............................................................................................................33 GUARANTEE...............................................................................................................................37 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ...............38 CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS.......................41 SPECIAL CONDITIONS..............................................................................................................43 Table of Contents
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1 005893.00001
13829157.1
NOTICE INVITING BIDS
CITY OF ATWATER
NOTICE IS HEREBY GIVEN that the City of Atwater of Merced County, California, acting by and through its City Council, hereinafter referred to as, “City of Atwater” or “Owner”, will receive prior to 2:00 March 14, 2024 sealed bids for the award of a Contract for the following:
BID NO. 2024-01
PROJECT: City of Atwater Community Center Roofing Project 2024 All bids shall be made and presented only on the forms presented by the Owner. Bids shall be received in the Office of the City of Atwater Office of the City Clerk at 750 Bellevue Road Atwater, CA 95301 and shall be opened and publicly read aloud at the above stated time and place. Any bids received after the time specified above or after any extensions due to material changes shall be returned unopened.
The Contract is to be completed 90 days from the date of award. CONTRACTOR should consult the Agreement Form regarding any milestones and Liquidated Damages.
There will be a mandatory Pre-Bid Conference at 10:00am February 29, 2024 at City of Atwater Community Center 760 E Bellevue Road Atwater, CA 95301. Any Contractor bidding on the Project who fails to attend the entire mandatory Pre-Bid Conference will be deemed a non-responsive bidder and will have its bid returned unopened.
Each bidder and sub-contractor shall be a licensed contractor pursuant to the California Business and Professions Code to perform the work called for in the Contract Documents. The successful bidder must possess a valid and active Class C-39 License at the time of award and throughout the duration of this Contract. The Contractor’s California State License number shall be clearly stated on the bidder’s proposal.
Subcontractors shall be licensed pursuant to California law for the trades necessary to perform the Work called for in the Contract Documents. Each bid must strictly conform with and be responsive to the Contract Documents as defined herein.
Prevailing wages are applicable to the Project. These per diem rates, including holiday and overtime work, as well as employer payments for health and welfare, pension, vacation, and similar purposes, are available from the Director of the Department of Industrial Relations. Pursuant to California Labor Code Sections 1720 et seq., it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
The Contractor and all subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the Owner or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).
Separate payment and performance bonds, each in an amount equal to 100% of the total Contract amount issued by a California admitted surety as defined in California Code of Civil Procedure Section 995.120, are required, and shall be provided to the Owner prior to execution of the Contract and shall be in the form set forth in the Contract Documents.
It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.
CITY OF ATWATER
Notice Inviting Bids
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INSTRUCTIONS TO BIDDERS
1. Preparation of Bid Form and Bidding Procedures. Proposals under these specifications shall be submitted on the blank forms furnished herewith including, but not limited to, the forms in the Special Conditions (if applicable), at the time and place stated in the Notice Calling for Bids. Each bidder shall review and comply with all bidding instructions and requirements set forth herein. All blanks in the Bid Form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All bids must be signed by the bidder in permanent ink and submitted in sealed envelopes, bearing on the outside, the bidder’s name, address, telephone number, and California Contractor’s License number, and the name of the Project for which the bid is submitted. The Owner reserves the right to reject any bid if all of the above information is not furnished. It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.
2. Bid Security. Each bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the Owner; (3) a certified check made payable to the Owner; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure Section 995.120, made payable to the Owner, in the form set forth in the Contract Documents. Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of such bidder’s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after award of the Contract to bidder, said security will be forfeited.
3. Signature. The bid form, all bonds, all designations of subcontractors, the Contractor’s Certificate, the Agreement, and all Guarantees must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid.
If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the Owner. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.
If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the Owner, in which case the general partner may sign.
Bids submitted as joint ventures must so state and be signed by each joint venturer.
Bids submitted by individuals must be signed by the bidder unless an up to date power- of-attorney is on file in the Owner office, in which case, said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.
4. Modifications. Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the Owner’s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered.
5. Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the Owner determines that any bid is unintelligible, inconsistent, or ambiguous, the Owner may reject such bid as not being responsive to the Notice Inviting Bids.
6. Examination of Site and Contract Documents. Each bidder shall visit the site of the proposed work and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood.
Bidders shall thoroughly examine and be familiar with the drawings, specifications and all others documents and requirements that are attached to and/or contained in the Project Manual. The failure or omission of any bidder to receive or examine any Contract Documents, Special Conditions (if any), form, instrument, addendum, or other document or to visit the site and become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Bidders shall Instructions to Bidders
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not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.
7. Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand therefor.
No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.
8. Agreements and Bonds. The Agreement form which the successful bidder, as CONTRACTOR, will be required to execute, and the forms and amounts of surety bonds which will be required to be furnished at the time of execution of the Agreement, are included in the bid documents and should be carefully examined by the bidder. The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond required is three (3). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil Procedure 995.120.
9. Interpretation of Plans and Documents/Pre-Bid Clarification. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the Owner. The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the Owner. If discrepancies on drawings, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly. Each request for clarification shall be submitted in writing, via email, to only the following persons:
TO: City of Atwater
Justin Vinson, Director of Public Works.
(209) 777-0273
Each transmitted request shall contain the name of the person and/or firm filing the request, address, telephone and fax number, Specifications and/or Drawing number, and document title. Bidder is responsible for the legibility of hand written requests. Pre-bid clarification request shall be filed a minimum of six (6) days prior to bid opening. Requests received less than six (6) days before bid opening shall not be considered or responded to. A written response to timely pre-bid clarifications requests which materially affects the bidders price will be made by Addendum issued by the Owner not less than seventy-two (72) hours prior to bid opening.
10. Bidders Interested in More Than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or making a prime proposal.
11. Award of Contract. The Contract will be awarded to the lowest responsive responsible bidder by action of the City Council pursuant to the terms and conditions of the Contract Documents including, but not limited to, the Special Conditions (if applicable). The Owner reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. In the event an award is made to bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after award of the Contract to bidder, the Owner may award the Contract to next lowest responsible and responsive bidder or release all bidders. Each bid must conform and be responsive to the Contract Documents as defined herein.
12. Bid Protest Procedure. Only the prime bidder may file a bid protest. The protest shall be filed in writing with the Owner's representative or project manager not less than three (3) working days after the date of the bid opening. An e-mail address shall be provided and, by filing the protest, protesting bidder consents to receipt of e-mail notices for purposes of the Protest and Protest related questions and Protest Appeal, if applicable. The protest shall specify the reasons and facts upon which the protest is based. a. Resolution of Bid Controversy: Once the bid protest is received, the apparent lowest responsible bidder will be notified of the protest and the evidence presented. If appropriate, the apparent low bidder will be given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the Work. If deemed appropriate by the Owner, an informal hearing will be held. Owner will issue a written decision within fifteen (15) days of receipt of the protest, unless factors beyond the Owner's reasonable control prevent such resolution. The Decision on the Bid Protest will be copied to all parties involved in the protest.
Instructions to Bidders
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b. Finality. The decision concerning the Bid controversy will be final and not subject to any further appeals.
c. Failure to comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting bidder's administrative remedies.
13. Alternates. If alternate bids are called for, the Contract may be awarded at the election of the City Council to the lowest responsible and responsive bidder using the method and procedures outlined in the Notice Inviting Bids and as specified in the section entitled Alternate/Deductive Bid Alternates.
14. Listing Subcontractors. Each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license numbers and locations of the places of business of each subcontractor who will perform work or labor or render service to the bidder in or about the project, or a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.).
15. Workers’ Compensation. In accordance with the provisions of Labor Code Section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” The form of such certificate is included as a part of the Bid Package.
16. Contractor’s License. To perform the work required by this notice, the Contractor must possess the Contractor’s License as specified in the Notice Inviting Bids, and the Contractor must maintain the license throughout the duration of the contract. If, at the time of award of the Contract, bidder is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code for the State of California and the Notice to Contractors calling for bids, such bid will not be considered and the Contractor will forfeit its bid security to the Owner.
17. Preference for Materials and Substitutions. Unless the Plans and Specifications state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such specification shall be read as if the language “or equal” is incorporated.
18. Disqualification of Bidders and Proposals. More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested and the bidder will forfeit their bid security to the Owner.
19. Unbalanced or Altered Bids. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted may be rejected. If, in the Owner’s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the Owner may deem such bid nonresponsive. A bid may be determined by the Owner to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Owner even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.
20. Employment of Apprentices. The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices. The Contractor and any Subcontractor under him shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.
21. Non-Collusion Declaration. Public Contract Code Section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury.
Instructions to Bidders
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22. Wage Rates, Travel and Subsistence.
a. The Contractor and all subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code Sections 1770 et seq., the Owner has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. Copies are available from the Owner to any interested party on request and are also available from the Director of the Department of Industrial Relations. The Contractor shall obtain copies of the above-referenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.
b. Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.
c. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law. d. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the Owner, located as noted above and are also available from the Director of the Department of Industrial Relations.
It is the Contractor’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.
23. No Telephone or Facsimile Availability. No telephone or facsimile machine will be available to bidders on the Owner premises at any time.
24. Obtaining Bidding Documents. Bidding Documents, may be obtained from:
TO: City of Atwater Public Works Department
Justin Vinson, Director of Public Works.
470 Aviator Drive. Atwater, CA 95301
(209) 777-0273
Bidder shall utilize a complete set of Bidding Documents in preparing a bid. The failure or omission of bidder to receive any Bidding Document, form, instrument, Addendum, or other document shall not relieve bidder from any obligations with respect to the bid and/or Contract.
25. Addenda. Clarification or any other notice of a change in the Bidding Documents will be issued only by the Owner or Owner representative and only in the form of a written Addendum, transmitted by fax, e-mail, or available for pick up to all who are known by the issuing office to have received a complete set of Bidding Documents. Any other purported Addenda are void and unenforceable.
Bidder is responsible for ascertaining the disposition of all Addenda issued regardless of Owner notification and to acknowledge all Addenda in the submitted sealed bid prior to the bid opening. Copies of Addendum will be made available for inspection wherever Bidding Documents are on file for inspection. Each Addendum will be numbered, dated, and identified with the Project number. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable. Any Addendum issued by the Owner and not noted as being acknowledged by bidder as required in the Bid Form, may result in the bid being deemed non-responsive.
Instructions to Bidders
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Checklist of Mandatory Bid Forms
(For Contractor’s use and reference only. Additional documents may be required so bidders should carefully review all Contract Documents and Bid Documents) ❑ Bid Form w/ Addendum(s) Noted
❑ Addendum(s) Signed
❑ Designation of Subcontractors
❑ Non-Collusion Declaration
❑ Bid Bond (or Bid Guarantee Form if Security is other than Bid Bond) ❑ Contractor's Certificate Regarding Workers’ Compensation ❑ Bidders Acknowledgment of Project Schedule
❑ Substitution Request Form
Instructions to Bidders
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PRE-BID CLARIFICATION FORM (For Contractor's Use)
Attach additional numbered sheets as necessary; however, only one (1) request shall be contained on each submitted form.
PROJECT NAME:
PROJECT NUMBER:
TO: EMAIL:
_______________ &
_______________
DATE:
FROM: EMAIL:
DOCUMENT/DIVISION
NUMBER:
DRAWING
NUMBER:
REQUESTED CLARIFICATION:
RESPONSE TO CLARIFICATION:
Pre-Bid Clarification
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DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act (California Public Contract Code Sections 4100 et seq.,) and any amendments thereof, each Bidder shall set forth below: (a) the name, license number, and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor, who will perform work or labor or work or improvement to be performed under this Contract, or a subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvements according to detailed drawings contained in the Plans and Specifications in an amount in excess of one-half of one percent of the Contractor’s total bid; and (b) the portion and description of the work which will be done by each subcontractor under this Act. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in this bid. All subcontractors shall be properly licensed by the California State Licensing Board.
If a Contractor fails to specify a subcontractor, or if a Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of onehalf of one percent of the Contractor’s total bid, the Contractor shall be deemed to have agreed that the Contractor is fully qualified to perform that portion, and that the Contractor alone shall perform that portion.
No Contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow the relevant portion of the work to be performed by anyone other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the Contractor’s total bid where the original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act.
Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the Contractor’s total bid where no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record, of the authority awarding this Contract setting forth the facts constituting the emergency or necessity.
NOTE:If alternate bids are called for and bidder intends to use different or additional subcontractors on the alternates, a separate list of subcontractors must be provided for each such Alternate.
Designation of Subcontractors
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DESIGNATION OF SUBCONTRACTORS FORM
Scope of
Work
Name of
Subcontractor
Location & Place of
Business
DIR # License Type
and Number
Proper Name of
Bidder:
Date:
Name:
Signature of Bidder
Representative:
Address:
Phone:
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*BIDDER’S ACKNOWLEDGEMENT OF PROJECT SCHEDULE
The undersigned acknowledges that he/she has carefully and thoroughly reviewed the Project Schedule, attached herein, and made a part of the Contract Documents.
The undersigned fully understands the manpower requirements necessary to complete the project in accordance with the Project Schedule, and agrees to furnish all labor, materials and equipment necessary, upon (OWNER) acceptance of bidder’s proposal, to fully comply with this schedule. The undersigned agrees to comply with any and all adjustments to schedule, as may be directed by the Construction Manager, and which may be required to ensure project completion as stipulated in the Contract Documents.
The undersigned acknowledges that failure to comply with the above could result in delays to other contractors, whose bona fide and substantiated cost impacts, due to said delays, may be borne by the undersigned.
ACKNOWLEDGED AND AGREED:
DATE:
CONTRACTOR
By:
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BID FORM
FOR
CITY OF ATWATER
COMMUNITY CENTER ROOFING PROJECT 2024
CITY OF ATWATER
CONTRACTOR
NAME:
ADDRESS:
TELEPHONE: ( )
FAX: ( )
EMAIL
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TO: City of Atwater, acting by and through its City Council, herein called “Owner”.
1. Pursuant to and in compliance with your Notice Inviting Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, the cost of the work at the place where the work is to be done, with the Drawings and Specifications, and other Contract Documents, hereby proposes and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by the Owner, and to provide and furnish any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to perform the Contract and complete all of the Work in a workmanlike manner required in connection with the construction of:
CITY OF ATWATER COMMUNITY CENTER ROOFING PROJECT 2024
in the Owner described above, all in strict conformance with the drawings and other Contract Documents on file at the Owner Offices of said Owner for amounts set forth herein.
2. BIDDER ACKNOWLEDGES THE FOLLOWING ADDENDUM:
Acknowledge the inclusion of all addenda issued prior to bid in the blanks provided above. Your failure to do so may render your bid non-responsive.
3. (BASE BID) - TOTAL CASH PURCHASE PRICE IN WORDS & NUMBERS _____________________________________________________________________________DOLLARS ($ _________________________________)
4. TIME FOR COMPLETION: The Owner may give a notice to proceed within ninety (90) days of the award of the bid by the Owner. Once the Contractor has received the notice to proceed, the Contractor shall complete the work in the time specified in the Agreement. By submitting this bid, Contractor has thoroughly studied this Project and agrees that the Contract Time for this Project is adequate for the timely and proper completion of the Project. Further, Contractor has included in the analysis of the time required for this Project, and the requisite time to complete Punch List.
In the event that the Owner desires to postpone giving the notice to proceed beyond this ninety (90) day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to proceed may be postponed by the Owner. It is further expressly understood by the Contractor, that the Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of giving the notice to proceed.
It is understood that the Owner reserves the right to reject any or all bids and/or waive any irregularities or informalities in this bid or in the bid process. The Contractor understands that it may not withdraw this bid for a period of ninety (90) days after the date set for the opening of bids.
5. Attached is bid security in the amount of not less than ten percent (10%) of the bid: Bid bond (10% of the Bid), certified check, or cashier’s check (circle one)
6. The required List of Designated Subcontractors is attached hereto.
7. The required Non-Collusion Declaration is attached hereto.
8. The bidders acknowledgment of the project schedule is attached hereto.
9. The Substitution Request Form, if applicable, is attached hereto.
10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the Owner a Contract in the form attached hereto in accordance with the bid as accepted, and that he or she will also furnish and deliver to the Owner the Performance Bond and Payment Bond, all within five (5) calendar days after award of Contract, and that the work under the Contract shall be commenced by the Number Number Number Number Number Number Number Number
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undersigned bidder, if awarded the Contract, by the start date provided in the Owner’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents.
11. The names of all persons interested in the foregoing proposal as principals are as follows:
(IMPORTANT NOTICE: If bidder or other interested person is a corporation, state the legal name of such corporation, as well as the names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state the true names of the firm, as well as the names of all individual co-partners comprising the firm; if bidder or other interested person is an individual, state the first and last names in full.)
13. PROTEST PROCEDURES. If there is a bid protest, the grounds shall be submitted as set forth in the Instructions to Bidders.
14. The undersigned bidder shall be licensed and shall provide the following California Contractor’s license information:
If the bidder is a joint venture, each member of the joint venture must include the above information.
15. Time is of the essence regarding this Contract, therefore, in the event the bidder to whom the Contract is awarded fails or refuses to post the required bonds and return executed copies of the Agreement form within five (5) calendar days from the date of receiving the Notice of Award, the Owner may declare the bidder’s bid deposit or bond forfeited as damages.
16. The bidder declares that he/she has carefully examined the location(s) of the proposed Project, that he/ she has examined the Contract Documents, including the Plans, Addenda, Specifications, and all other documents contained in the Project Manual, and read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the Contract Documents, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in this Bid Form.
I agree to receive service of notices at the e-mail address listed below.
I the below-indicated bidder, declare under penalty of perjury that the information provided and representations made in this bid are true and correct.
License Number:
License expiration date:
Name on License:
Class of License:
DIR Registration Number:
005893.00001
13829157.1
Proper Name of Company
Name of Bidder Representative
Street Address
City, State, and Zip
( )
Phone Number
( )
Fax Number
E-Mail
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his / her signature shall be placed above. All signatures must be made in permanent blue ink.
By:
Signature of Bidder Representative
Date:
005893.00001
13829157.1
CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION FORM
Labor Code Section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or more of the following ways:
1. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State.
2. By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to employees.
3. For any county, city, city and county, municipal corporation, public Owner, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers’ compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers’ compensation claims properly, and to pay workers’ compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers’ compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702.
I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this Contract. (Signature)
(Print)
(Date)
In accordance with Article 5 (commencing at section 1860), Chapter 1, Part 7, Division 2 of the Labor Code, the above certificate must be signed and submitted with the Contractor’s bid.
Contractor’s Certificate Regarding Workers’ Compensation
005893.00001
13829157.1
NON-COLLUSION DECLARATION
The undersigned declares:
I am the _____________________ [Title] of _______________________________ [Name of Company], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ [Date], at ___________________ [City], _______________ [State].
Signed: _________________________________
Typed Name: ____________________________
Non-Collusion Declaration Form
BID GUARANTEE FORM
(Use only when not using a Bid Bond)
Accompanying this proposal is a cashier’s check payable to the order of the _____________________Owner or a certified check payable to the order of the ______________________ Owner in an amount equal to ten percent (10%) of the base bid and alternates ($___________________).
The proceeds of this check shall become the property of said Owner, if, this proposal shall be accepted by the Owner through the Owner’s City Council, and the undersigned fails to execute a Contract with and furnish the sureties required by the Owner within the required time; otherwise, said check is to be returned to the undersigned.
Bidder
Note: Use this form, in lieu of Bid Bond form, when a cashier’s check or certified check is accompanying the bid
Bid Guarantee Form