Atwater City Council
August 11, 2025

In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
o 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).
o 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
August 11, 2025
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

ROLL CALL: (City Council)
Ambriz ____, Cale ____, Raymond ____, Rochester ____, Nelson _____

City Council Agenda for Meeting of August 11, 2025 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) PRESENTATIONS:
• Proclamation of Recognition - 4th of July Committee
• Certificate of Recognition - Michael Gonzales
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. a.) July 28, 2025
b.) August 11, 2025
Staff's Recommendation: Acceptance of warrants as listed.

MINUTES: (City Council)

2. May 31, 2025 - Special meeting
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS:

3. Approving Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (Human Resources Director Sousa)
Staff's Recommendation: Adoption of Resolution No. 3558-25 approves the amended Joint Powers Agreement, in a form approved by the City Attorney, with the Central San Joaquin Valley Risk Management Authority; and authorizes and directs the City Manager to execute all documents on behalf of the city.

4. Approving a General Construction Contract with Taylor Backhoe Service, Inc. for the Replacement of a Water Service Line Located at 325-329 E. Bellevue Road (Public Works Director Vinson) Staff's Recommendation: Adoption of Resolution No. 3559-25 awarding a General Construction Contract, in a form approved by the City Attorney, to Taylor Backhoe Service, Inc. of Atwater, California for the replacement of a water service line located at 325-329 E. Bellevue

City Council Agenda for Meeting of August 11, 2025 Page 3 Road, in an amount not to exceed $35,515.17 and construction contingency change orders up to an aggregate of an additional $3,551.52 (10%); and authorizes and directs the City Manager, or his designee, to execute the Contract on behalf of the City.

5. Approving Agreement between City of Atwater and Atwater Elementary School District for School Resource Officer for 2025-26 School Year (Police Chief McEachin)
Staff's Recommendation: Adoption of Resolution No. 3560-25 approving the School Resource Officer agreement, in a form approved by the City Attorney, Atwater Elementary School District and the City of Atwater for the 2025-26 school year; and authorizes and directs the City Manager to execute all contract documents on behalf of the City.

6. Approving Budget Amendment Amending Fiscal Year 2024-2025 Budget to Establish a New Fund for an Approved Capital Improvement Project, Downtown Pedestrian Improvements Project- Phase 2 (City Manager Hoem)
Staff's Recommendation: Adoption of Resolution No. 3546-25 approving Budget Amendment No.16 amending Fiscal Year 2024-25 to establish Fund 1014 for the Carbon Reduction Program (CRP) Fund, Capital Improvement Project, for the Downtown Pedestrian Improvements Project-Phase 2, City Project No. 20-8, Federal Project No. CML-5254(031) and CRP-5254(031), as previously approved in the FY 2024-25 Capital Improvement Program, and authorizing the City Manager or his designee, to implement the budget entry and establish the fund.

AGREEMENTS:

7. Approving a Purchase Agreement with Xybix Systems, Inc. for Purchase and Installation of Dispatch furniture (Police Chief McEachin) Staff's Recommendation: Approving a Purchase Agreement
(Purchase Order) to Xybix Systems, Inc. for the purchase and installation of three dispatch workstations, in an amount not to exceed $60,000.;and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.

8. Approving a Lease Agreement with Enterprise Fleet Management for four (4) Ford Police Interceptor Utility vehicles (Police Chief McEachin) Staff's Recommendation: Adoption of Resolution No. 3561-25 approving a Lease Agreement, in a form approved by the City Attorney, with Enterprise Fleet Management for the lease of four (4) Ford Police Interceptor Utility patrol vehicles, at an amount of $1,202.03 per month per vehicle, for a total annual cost of $57,697.44 for six years; and authorizes and directs the City Manager or his designee to execute all contract documents on behalf of the City.

9. Awarding a Cooperative State and Local Government Agreement for File Conversion Services and Cloud-Based Document Management Software (City Manager Hoem)
Staff's Recommendation: Adoption of Resolution No. 3562-25 awarding a Cooperative State and Government Agreement for File

City Council Agenda for Meeting of August 11, 2025 Page 4 Conversion Services with UBEO in the amount of $48,107.43 and Cloud-Based Document Management Software with Laserfiche; and to authorize the City Manager to execute any and all documents regarding the project on behalf of the City.

OTHER ACTIONABLE ITEMS:

10. Awarding a Sole Source Purchase From JWC Environmental For One (1) Rotor and Gearbox Assembly for “Muffin Monster” Wastewater Influent Screenings Washer Compactor for the Wastewater Treatment Plant (Public Works Director Vinson)
Staff's Recommendation: Awards a sole source purchase to JWC Environmental for the purchase of 1 Rotor and Gearbox Assembly for Screenings Washer Compactor “Muffin Monster” for the Influent headworks for the wastewater Treatment Plant in an amount of $28,527.87 plus shipping, and handling charges; and authorizes and directs the City Manager to execute the purchase order on behalf of the City.

11. Approving specifications and authorizing advertising and Call for Bids for the purchase of an Electric Street Sweeper (Public Works Director Vinson)
Staff's Recommendation: Approving plans and specifications and authorizing advertising and calling for bids for Electric Street Sweeper Project, City Project No. 25-02 Bid Call No. 734-25.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:

12. Adopting the City of Atwater Public Safety Transactions and Use Tax Program Guidelines (City Manager Hoem)
Staff's Recommendation: Motion to Adopt Resolution No. 3563-25 approving the City of Atwater Public Safety Transactions and Use Tax Program Guidelines; or
Motion to approve staff's recommendation as presented.

COMMENTS FROM THE PUBLIC:

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

City Council Agenda for Meeting of August 11, 2025 Page 5 CITY COUNCIL REPORTS/UPDATES:
• Mayor Pro Tem Cale, District 1
• City Council Member Rochester, District 2
• City Council Member Ambriz, District 3
• City Council Member Raymond, District 4
• Mayor Nelson
CITY MANAGER REPORTS/UPDATES:

13. Update from the City Manager
CLOSED SESSION:

Adjourn to Conference Room A
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):

Number of cases (2)
• Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations regarding property price and terms of payment.

Agency Negotiators: City Manager Hoem and Public Works Director Vinson. Negotiating Parties: National Retail Properties,LP Property Location: 303 E. Bellevue Road, Atwater, CA 95301 APN 156-060-011 • Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case:City of Atwater v. Robert Hugo Carbajal, et al. (Merced County Superior Court, Case No. 23CV-00807) MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

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

City Council Agenda for Meeting of August 11, 2025 Page 6 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 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.

LEVINE ACT PUBLIC PARTY/APPLICANT DISCLOSURE OBLIGATIONS:

Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Councilmember(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration.

The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of parties/applicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law.

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City Holiday
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Meet Up
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Proclamation
WHEREAS, the Fourth of July is a cherished tradition in the City of Atwater, bringing together residents, families, and visitors to celebrate our nation's independence with pride and joy; and WHEREAS, the Atwater Fourth of July Committee has once again demonstrated extraordinary dedication, leadership, and community spirit in organizing this year’s Independence Day festivities; and WHEREAS, through months of planning, tireless volunteer efforts, and steadfast commitment, the Committee delivered a memorable celebration that included a lively parade, vibrant activities, and a spectacular fireworks show that lit up the Atwater sky; and WHEREAS, the success of this event is a direct reflection of the creativity, collaboration, and passion that the Committee brings to their work in service to our community; and
WHEREAS, the City of Atwater deeply values this partnership and recognizes the joy and unity the Committee has helped inspire among residents and guests alike;
NOW, THEREFORE, BE IT PROCLAIMED, that the City of Atwater hereby extends its heartfelt gratitude and appreciation to the Atwater Fourth of July Committee for their outstanding efforts in organizing and hosting the 2025 Fourth of July celebration, and commends them for their ongoing dedication to enriching the spirit of Atwater.

Michael G. Nelson, Mayor
City of Atwater

Warrant Summary July 28, 2025
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
7/28/2025 Warrant
Prewrittens (Checks Processed Between Warrants)
Total Accounts Payable Warrants:

Additional Warrants
Amount
$ 2,307,703.96
$ 400,697.33
$ 2,708,401.29
Date Description Amount
7/14/2025 AFSCME District Council 57 $ 982.38
7/14/2025 Atwater Police Officers Association $ 2,937.80 7/14/2025 CALPERS Employee 457 Plan $ 1,602.00
7/14/2025 EPARS Employee 457 Plan (PNC Bank) $ 1,888.00 7/14/2025 PERS Retirement 6/19/25 - 7/2/25 $ 62,767.08
7/14/2025 State Disbursement - Child Support 7/10/25 Payroll $ 115.38 7/16/2025 CALPERS UAL 25/26 $ 2,667,378.00
Total Additional Warrants: $ 2,737,670.64
Payroll
Date Description Amount
7/10/2025 Net Payroll $ 210,427.31
7/14/2025 Federal Taxes $ 68,573.58
7/14/2025 State Taxes $ 8,993.73
Total Payroll: $ 287,994.62
Grand Total: $ 5,734,066.55
Anna Nicholas, Finance Director Mark Borba, City Treasurer

Accounts Payable
Checks by Date - Detail by Check Date
User: jmurillo
Printed: 8/8/2025 6:48 AM
750 Bellevue Road, Atwater CA 95301
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH CHA999 CHASE 07/28/2025
6302025 CA DEBT & INVESTMENT ADVISORY - SEA 400.00
6302025 WALMART.COM - OFFICE SUPPLIES 63.05
6302025 CSMFO - TRAINING 165.00
6302025 FOOD4LESS - STRATEGIC PLAN WORKSH( 36.57
7032025 REMARKABLE OSLO - SUBSCRIPTION 2.99
7032025 COSTCO - EQUIPMENT 25.00
7032025 HARRAHS LAKE TAHOE - RESERVATION C 90.29
7032025 INTERNATIONAL CODE COUNCIL - CODE 1,771.45
7032025 BIG 5 - WEIGHTS 34.74
7032025 THE UPS STORE - POSTAGE FEES 15.84
7032025 LOWES - SAND 8.21
7032025 ULINE - TABLE 857.55
7032025 CPRS - ANNUAL CONFERENCE 535.00
7032025 COSTCO - EQUIPMENT 261.04
7032025 LOWES - TOOLS 21.09
7032025 LIEBERT CASSIDY WHITMORE - CONSORT 300.00
7032025 BEST BUY - IPAD COVER 218.64
7032025 TRUDOOR - LOCK 211.77
7032025 GARY'S RENT A CAN - RALSTON PARK 337.47
7032025 LOWES - TOOLS 25.35
7032025 CSMFO - TRAINING 125.00
7032025 GOVERNMENT FINANCE OFFICERS ASSO( -262.50
7032025 THE SIGN GUYS - DECAL STICKERS 57.64
7032025 BANKSUPPLIES - CREDIT -26.26
7032025 CSMFO - TRAINING 60.00
7032025 ISABELLAS BAR & GRILL - INTERVIEW PA 69.75
7032025 LOWES - TOOLS 84.37
7032025 WALMART - HARD DRIVE 70.69
7032025 WALMART - WATERPROOF PACK 337.05
7032025 UNISOURCE - RECORDS DESK BRACKET 43.61
7032025 MADD.ORG - MADD AWARDS 336.00
7032025 AWWA- CERTIFICATION 360.00
7032025 WALMART - CANOPY 56.55
7032025 FOOD4LESS - CHLORINE 583.68
7032025 PRESTONS LOCK SHOP - PD OFFICE KEYS 17.40
7032025 SUNNY TRUCK & RV WASH - #5159 WASH 140.00
7032025 HARRAHS LAKE TAHOE - RESERVATION C 90.29
7032025 UNDERARMOUR.COM - BOOTS 108.75
7032025 CMTA - MEMBERSHIP 125.00
7032025 SIRCHIE - EVIDENCE SUPPLIES 76.16
7032025 VISTAPRINT - BUSINESS CARDS 161.79
7032025 HARRAHS LAKE TAHOE - RESERVATION C 90.29
7032025 YOSEMITE CHAPTER - SUBSCRIPTION 75.00
Total for this ACH Cheek for Vendor CHA999: 8,161.31
Total for 7/28/2025: 8,161.31
i o Atwater
com#min t v Pride city Wide
AP Checks by Date - Detail by Check Date (8/8/2025 6:48 AM) Page 1

Check No Vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
Check Amount
Report Total (1 checks): 8,161.31
AP Checks by Date - Detail by Check Date (8/8/2025 6:48 AM) Page 2

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
8/8/2025 - 6:45 AM
City of
C `a nmwri y Pride Ci r s II ,
TFv B Ih7VUO RO.3t7. '1b 3tet rh 95.301
Check Number Check Date Fund Account Name Vendor Name Void Amount 28469 07/11/2025 6000 Water Enterprise Fund Training LOGAN TAYLOR 559.00 Check Total: 559.00
28470 07/11/2025 6000 Water Enterprise Fund Training RYAN WARD 559.00 Check Total: 559.00
28471 07/14/2025 0001 General Fund Garnishments FRANCHISE TAX BOARD 50.00 Check Total: 50.00
28472 07/17/2025 0004 Public Safety Trans & Use Tax Rents & Leases COMMUNITY FIRST NATIONAL BANK 46,518.82 Check Total: 46,518.82
28473 07/11/2025 0004 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 2,152.70 Check Total: 2,152.70
28474 07/11/2025 6001 Water Fund Capital Replacement Well #20A Rehab W.M. LYLES COMPANY 95,410.47 28474 07/11/2025 6001 Water Fund Capital Replacement Project Retention W.M. LYLES COMPANY 121,034.12 28474 07/11/2025 6007 1,2,3-TCP Fund Project Retention W.M. LYLES COMPANY -280.43 28474 07/11/2025 6001 Water Fund Capital Replacement Project Retention W.M. LYLES COMPANY -4,770.53 28474 07/11/2025 6007 1,2,3-TCP Fund Well #20A Rehab W.M. LYLES COMPANY 5,608.75 28474 07/11/2025 6007 1,2,3-TCP Fund Project Retention W.M. LYLES COMPANY 133,750.43 Check Total: 350,752.81
28475 07/23/2025 0001 General Fund Travel/Conferences/Meetings CITY OF DOS PALOS 35.00 28475 07/23/2025 0001 General Fund Travel/Conferences/Meetings CITY OF DOS PALOS 35.00 28475 07/23/2025 0001 General Fund Travel/Conferences/Meetings CITY OF DOS PALOS 35.00 Check Total: 105.00
AP-Checks for Approval (8/8/2025 - 6:45 AM) Page 1

Check Number Check Date Fund Account Name Vendor Name Void Amount Report Total: 400,697.33
AP-Checks for Approval (8/8/2025 - 6:45 AM) Page 2

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
7/28/2025 - 4:33 PM
crry of
Ceamwrity Pride Ciiy With
hO Bellevue RAc1Cl, .i*1ater CAA 9Q1
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 07/28/2025 0001 General Fund Office Supplies CHASE 161.79 0 07/28/2025 7030 Information Technology Fund Special Departmental Expense CHASE 70.69 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 535.00 0 07/28/2025 6020 Sanitation Enterprise Fund Electronic Pmt Processing Exp BLUEFIN PAYMENT SYSTEMS 2,331.51 0 07/28/2025 0001 General Fund Machinery & Equipment CHASE 857.55 0 07/28/2025 0001 General Fund Maint. Buildings & Grounds CHASE 583.68 0 07/28/2025 7000 Internal Service Fund Special Departmental Expense CHASE 17.40 0 07/28/2025 0001 General Fund Special Departmental Expense CHASE 36.57 0 07/28/2025 0001 General Fund Memberships & Subscriptions CHASE 2.99 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 90.29 0 07/28/2025 0001 General Fund Special Departmental Expense CHASE 76.16 0 07/28/2025 6010 Sewer Enterprise Fund Electronic Pmt Processing Exp BLUEFIN PAYMENT SYSTEMS 2,331.52 0 07/28/2025 0001 General Fund Special Departmental Expense CHASE 57.64 0 07/28/2025 0001 General Fund Special Departmental Expense CHASE 211.77 0 07/28/2025 0001 General Fund Various Classes CHASE 8.21 0 07/28/2025 0001 General Fund Memberships & Subscriptions CHASE 60.00 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 90.29 0 07/28/2025 6001 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 6,397.76 0 07/28/2025 0001 General Fund Special Departmental Expense CHASE 337.05 0 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense CHASE 34.74 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 90.29 0 07/28/2025 0001 General Fund Training CHASE 165.00
0 07/28/2025 0001 General Fund Machinery & Equipment CHASE 43.61 0 07/28/2025 0001 General Fund Office Supplies CHASE 63.05 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 336.00 0 07/28/2025 0001 General Fund Training CHASE 125.00
0 07/28/2025 6000 Water Enterprise Fund Training CHASE 360.00 0 07/28/2025 0001 General Fund Memberships & Subscriptions CHASE 75.00 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 300.00 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 69.75 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE -262.50 0 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense CHASE 56.55 0 07/28/2025 6000 Water Enterprise Fund Electronic Pmt Processing Exp BLUEFIN PAYMENT SYSTEMS 2,331.51 0 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense CHASE 140.00 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 1

Check Number Check Date Fund Account Name Vendor Name Void Amount 0 07/28/2025 0001 General Fund Men's Fall Softball CHASE 84.37 0 07/28/2025 0001 General Fund Fire Marshal Supplies CHASE 218.64 0 07/28/2025 0001 General Fund Electronic Pmt Processing Exp GLOBAL PAYMENTS INTEGRATED 994.12 0 07/28/2025 0001 General Fund Uniform & Clothing Expense CHASE 108.75 0 07/28/2025 7000 Internal Service Fund Special Departmental Expense CHASE 25.35 0 07/28/2025 0001 General Fund Travel/Conferences/Meetings CHASE 400.00 0 07/28/2025 0001 General Fund Professional Services CHASE 15.84 0 07/28/2025 7000 Internal Service Fund Small Tools CHASE 21.09 0 07/28/2025 7000 Internal Service Fund Special Departmental Expense CHASE -26.26 0 07/28/2025 0001 General Fund Memberships & Subscriptions CHASE 125.00 0 07/28/2025 0001 General Fund Various Classes CHASE 337.47 0 07/28/2025 0001 General Fund Special Departmental Expense CHASE 1,771.45 0 07/28/2025 0001 General Fund Coed Fall Softball CHASE 25.00 0 07/28/2025 0001 General Fund Various Classes CHASE 261.04 Check Total: 22,547.73
28476 07/28/2025 6010 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 550.00 28476 07/28/2025 3064 RDVLPMNT Obligation Retiremet Professional Services A.M. PECHE & ASSOC. LLC 450.00 Check Total: 1,000.00
28477 07/28/2025 6020 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 50.76 28477 07/28/2025 6010 Sewer Enterprise Fund Professional Services ABS DIRECT INC 143.11 28477 07/28/2025 6000 Water Enterprise Fund Professional Services ABS DIRECT INC 50.75 28477 07/28/2025 6020 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 749.97 28477 07/28/2025 6000 Water Enterprise Fund Professional Services ABS DIRECT INC 143.11 28477 07/28/2025 6010 Sewer Enterprise Fund Professional Services ABS DIRECT INC 50.76 28477 07/28/2025 6000 Water Enterprise Fund Office Supplies ABS DIRECT INC 2,066.66 28477 07/28/2025 6000 Water Enterprise Fund Professional Services ABS DIRECT INC 749.97 28477 07/28/2025 6010 Sewer Enterprise Fund Professional Services ABS DIRECT INC 749.97 28477 07/28/2025 6020 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 2,066.67 28477 07/28/2025 6010 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 2,066.67 28477 07/28/2025 6020 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 143.11 Check Total: 9,031.51
28478 07/28/2025 7000 Internal Service Fund Special Departmental Expense AIR EXCHANGE, INC. 524.01 Check Total: 524.01.
28479 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense ALL-PHASE ELECTRIC 137.30 Check Total: 137.30
28480 07/28/2025 6007 1,2,3-TCP Fund Professional Services AQUEOUS VETS 126,054.77 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 2

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 126,054.77
28481 07/28/2025 0001 General Fund Communications AT&T 219.35 Check Total: 219.35
28482 07/28/2025 7000 Internal Service Fund Communications AT&T CALNET 607.72 28482 07/28/2025 6010 Sewer Enterprise Fund Communications AT&T CALNET 559.84 28482 07/28/2025 6000 Water Enterprise Fund Communications AT&T CALNET 345.83 28482 07/28/2025 0001 General Fund Communications AT&T CALNET 173.25 Check Total: 1,686.64
28483 07/28/2025 7000 Internal Service Fund Communications AT&T MOBILITY 43.97 28483 07/28/2025 0009 Abandoned Veh Abatement Fund Communications AT&T MOBILITY 89.74 28483 07/28/2025 1011 Gas Tax/Street Improvement Communications AT&T MOBILITY 263.82 28483 07/28/2025 6010 Sewer Enterprise Fund Communications AT&T MOBILITY 483.67 28483 07/28/2025 6000 Water Enterprise Fund Communications AT&T MOBILITY 570.88 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 129.98 28483 07/28/2025 7000 Internal Service Fund Communications AT&T MOBILITY 43.97 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 146.64 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 482.88 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 341.75 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 43.97 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 885.28 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 219.72 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 89.74 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 1,127.76 28483 07/28/2025 7030 Information Technology Fund Communications AT&T MOBILITY 44.87 28483 07/28/2025 1011 Gas Tax/Street Improvement Communications AT&T MOBILITY 44.87 28483 07/28/2025 7000 Internal Service Fund Communications AT&T MOBILITY 85.11 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 296.94 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 43.97 28483 07/28/2025 7030 Information Technology Fund Communications AT&T MOBILITY 129.49 28483 07/28/2025 6000 Water Enterprise Fund Communications AT&T MOBILITY 129.98 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 87.94 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 1,359.85 28483 07/28/2025 0001 General Fund Communications AT&T MOBILITY 129.98 Check Total: 7,316.77
28484 07/28/2025 7000 Internal Service Fund Professional Services ATWATER TINT 80.00 28484 07/28/2025 7000 Internal Service Fund Professional Services ATWATER TINT 740.00 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 3

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 820.00
28485 07/28/2025 0001 General Fund Special Departmental Expense BAKER SUPPLIES AND REPAIRS 495.00 28485 07/28/2025 0001 General Fund Professional Services BAKER SUPPLIES AND REPAIRS 200.00 28485 07/28/2025 0001 General Fund Small Tools BAKER SUPPLIES AND REPAIRS 430.64 Check Total: 1,125.64
28486 07/28/2025 7000 Internal Service Fund Professional Services BARTON OVERHEAD DOOR 420.00 Check Total: 420.00
28487 07/28/2025 7000 Internal Service Fund Professional Services BEST ELECTRIC 525.00 Check Total: 525.00
28488 07/28/2025 6000 Water Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 2,820.00 28488 07/28/2025 6000 Water Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 400.00 Check Total: 3,220.00
28489 07/28/2025 7000 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 1,285.23 Check Total: 1,285.23
28490 07/28/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,059.00 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,059.00 28490 07/28/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 498.39 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28490 07/28/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,362.00 28490 07/28/2025 6010 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 489.00 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 73.89 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 122.24 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 171.36 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,369.89 28490 07/28/2025 1018 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements BSK ASSOCIATES 2,890.75 28490 07/28/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 Check Total: 11,680.18
28491 07/28/2025 7000 Internal Service Fund Operations & Maintenance BURTONS FIRE INC 1,399.96 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 4
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Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 1,399.96
28492 07/28/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 48.35 28492 07/28/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 285.51 28492 07/28/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 415.37 28492 07/28/2025 0001 General Fund Professional Services CAL FARM SERVICES 108.00 28492 07/28/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES -67.98 28492 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense CAL FARM SERVICES 75.40 Check Total: 864.65
28493 07/28/2025 0007 Measure V Fund Fruitland Ave Rd Improvements CCME INC 23,297.50 28493 07/28/2025 0007 Measure V Fund Fruitland Ave Rd Improvements CCME INC 33,393.75 28493 07/28/2025 0001 General Fund Race Communication Fiber Pmj CCME INC 34,573.36 Check Total: 91,264.61
28494 07/28/2025 7030 Information Technology Fund Professional Services CIVICPLUS LLC 9,561.98 28494 07/28/2025 0001 General Fund Professional Services CNICPLUS LLC 3,765.08 Check Total: 13,327.06
28495 07/28/2025 7000 Internal Service Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR 155.53 28495 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR'. 35.72 Check Total: 191.25
28496 07/28/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment COOK'S COMMUNICATIONS 1,162.51 Check Total: 1,162.51
28497 07/28/2025 0001 General Fund Memberships & Subscriptions CPCA 508.00 Check Total: 508.00
28498 07/28/2025 0001 General Fund Special Departmental Expense CPS HR CONSULTING 792.00 28498 07/28/2025 0001 General Fund Special Departmental Expense CPS HR CONSULTING 943.00 28498 07/28/2025 0001 General Fund Special Departmental Expense CPS HR CONSULTING -70.00 28498 07/28/2025 0001 General Fund Special Departmental Expense CPS HR CONSULTING 902.00 Check Total: 2,567.00
28499 07/28/2025 7030 Information Technology Fund Special Departmental Expense DATA PATH 13,055.19 Check Total: 13,055.19
28500 07/28/2025 7000 Internal Service Fund Professional Services DELRAY TIRE 192.95 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 5

Check Number Check Date Fund Account Name Vendor Name Void Amount 28500 07/28/2025 7000 Internal Service Fund Operations & Maintenance DELRAY TIRE 17.13 Check Total: 210.08
28501 07/28/2025 0001 General Fund Professional Services DEPT. OF JUSTICE 379.00 Check Total: 379.00
28502 07/28/2025 0001 General Fund Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 1,050,292.18 28502 07/28/2025 5050 CFD Districts Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 100,000.00 Check Total: 1,150,292.18
28503 07/28/2025 0001 General Fund Special Departmental Expense EAGLE BUSINESS FORMS 2,716.70 Check Total: 2,716.70
28504 07/28/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 191.73 28504 07/28/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 178.97 Check Total: 370.70
28505 07/28/2025 0001 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 290.01 28505 07/28/2025 0001 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 322.58 Check Total: 612.59
28506 07/28/2025 0001 General Fund Office Supplies ETCH THIS AND THAT 76.84 Check Total: 76.84
28507 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 100.92 28507 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 155.01 28507 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 589.53 Check Total: 845.46 -
28508 07/28/2025 7000 Internal Service Fund Special Departmental Expense FACILITY DESIGNS INC 2,860.67 Check Total: 2,860.67 '
28509 07/28/2025 1011 Gas Tax/Street Improvement Small Tools FASTENAL COMPANY 2,726.17 Check Total: 2,726.17
28510 07/28/2025 6000 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 184.01 28510 07/28/2025 0001 General Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 194.84 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 6
i
,

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 378.85
28511 07/28/2025 7030 Information Technology Fund Special Departmental Expense GOVERNMENTJOBS.COM, INC. 18,305.55 Check Total: 18,305.55
28512 07/28/2025 0001 General Fund Special Departmental Expense HENRY SCHEIN, INC. 649.66 Check Total: 649.66
28513 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense HORIZON 48.87 28513 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense HORIZON 20.57 28513 07/28/2025 0001 General Fund Maint. Buildings & Grounds HORIZON 1,366.24 28513 07/28/2025 1011 Gas Tax/Street Improvement Small Tools HORIZON 711.26 28513 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense HORIZON 27.87 28513 07/28/2025 0001 General Fund Special Departmental Expense HORIZON 304.18 28513 07/28/2025 0001 General Fund Special Departmental Expense HORIZON 24.15 Check Total: 2,503.14
28514 07/28/2025 1018 SB1-Road Maint & Rehab RMRA Traffic Signals Maint & Repair JAM SERVICES INC 295.80 Check Total: 295.80
28515 07/28/2025 7000 Internal Service Fund Professional Services JAN! TEK CLEANING SOLUTIONS 13,530.50 Check Total: 13,530.50
28516 07/28/2025 5012 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 376.67 28516 07/28/2025 5014 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 231.19 28516 07/28/2025 5044 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 395.05 28516 07/28/2025 5042 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 356.12 28516 07/28/2025 5035 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 232.81 28516 07/28/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,679.74 28516 07/28/2025 5046 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 430.75 28516 07/28/2025 5031 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 827.69 28516 07/28/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 863.39 28516 07/28/2025 5027 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 138.72 28516 07/28/2025 5040 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING &CONCRETE 592.99 28516 07/28/2025 5022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 511.87 28516 07/28/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,354.16 28516 07/28/2025 5024 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 382.08 28516 07/28/2025 5037 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,084.18 28516 07/28/2025 5029 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 289.06 28516 07/28/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 236.95 28516 07/28/2025 5018 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 154.94 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 7

Check Number Check Date Fund Account Name Vendor Name Void Amount 28516 07/28/2025 5016 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 232.49 Check Total: 10,370.85
28517 07/28/2025 7000 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 187.77 28517 07/28/2025 7000 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 41.68 Check Total: 229.45
28518 07/28/2025 7000 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 77.16 28518 07/28/2025 0001 General Fund Special Departmental Expense KELLOGG SUPPLY 169.95 28518 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 20.02 28518 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 103.90 Check Total: 371.03
28519 07/28/2025 0001 General Fund Memberships & Subscriptions LAFCO 8,059.57 Check Total: 8,059.57
28520 07/28/2025 6001 Water Fund Capital Replacement Project Retention LAWRENCE BACKHOE SERVICE INC 76,190.99 Check Total: 76,190.99
28521 07/28/2025 0004 Public Safety Trans & Use Tax Professional Services LEXISNEXIS RISK DATA MANAGEMENT 960.00 Check Total: 960.00
28522 07/28/2025 0001 General Fund Memberships & Subscriptions LIEBERT CASSIDY WHITMORE 4,520.00 Check Total: 4,520.00
28523 07/28/2025 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 4,442.50 28523 07/28/2025 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 44,748.08 28523 07/28/2025 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 56,588.14 Check Total: 105,778.72
28524 07/28/2025 6020 Sanitation Enterprise Fund Other Revenue MC REGIONAL WASTE MGMT. AUTH. -1,292.26 28524 07/28/2025 6020 Sanitation Enterprise Fund Professional Services MC REGIONAL WASTE MGMT. AUTH. 11,238.38 Check Total: 9,946.12
28525 07/28/2025 0001 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 28525 07/28/2025 0001 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 28525 07/28/2025 0001 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 240.00 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 8
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Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 940.00
28526 07/28/2025 0001 General Fund Professional Services MERCED COUNTY ANIMAL CONTROL 4,030.00 Check Total: 4,030.00
28527 07/28/2025 0001 General Fund Training MERCED COUNTY LAW ENFORCEMENT CHIP 400.00 Check Total: 400.00
28528 07/28/2025 5046 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 19.64 28528 07/28/2025 5043 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 253.66 28528 07/28/2025 1011 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 950.56 28528 07/28/2025 5026 Jumper Meadows LD Utilities MERCED IRRIGATION DISTRICT 35.37 28528 07/28/2025 5010 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 120.12 28528 07/28/2025 6010 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 700.13 28528 07/28/2025 5031 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.64 28528 07/28/2025 0001 General Fund Utilities MERCED IRRIGATION DISTRICT 1,080.01 28528 07/28/2025 5039 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 670.04 28528 07/28/2025 5035 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.64 28528 07/28/2025 5034 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 347.73 28528 07/28/2025 5030 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 322.94 28528 07/28/2025 5041 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 642.33 28528 07/28/2025 5024 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 58.90 28528 07/28/2025 5025 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 70.73 28528 07/28/2025 5045 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 365.40 28528 07/28/2025 5028 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 70.73 28528 07/28/2025 5032 America West LD Utilities MERCED IRRIGATION DISTRICT 156.78 28528 07/28/2025 5009 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 212.18 28528 07/28/2025 5023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 498.10 28528 07/28/2025 5036 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 436.13 28528 07/28/2025 6010 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5,898.49 28528 07/28/2025 6000 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 16,285.94 Check Total: 29,235.19
28529 07/28/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment MES SERVICE COMPANY LLC 16,672.40 Check Total: 16,672.40
28530 07/28/2025 6020 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 289,058.17 28530 07/28/2025 6020 Sanitation Enterprise Fund Refuse Service Charge MID-VALLEY DISPOSAL LLC -13,918.51 28530 07/28/2025 6020 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -20,234.07 28530 07/28/2025 6020 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -9,261.82 28530 07/28/2025 6020 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -21,610.93 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 9
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Check Number Check Date Fund Account Name Vendor Name Void Amount 28530 07/28/2025 6020 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,671.75 Check Total: 215,361.09
28531 07/28/2025 0001 General Fund Training MI! TRAINING INNOVATIONS LLC 375.00 28531 07/28/2025 0001 General Fund Training MII TRAINING INNOVATIONS LLC 125.00 Check Total: 500.00
28532 07/28/2025 7000 Internal Service Fund Professional Services MISTER CAR WASH 1,120.00 Check Total: 1,120.00
28533 07/28/2025 0001 General Fund Travel/Conferences/Meetings JARED MOUA 163.93 Check Total: 163.93
28534 07/28/2025 7000 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 3.93 28534 07/28/2025 7000 Internal Service Fund Operations & Maintenance NAPAAUTO PARTS 123.75 28534 07/28/2025 7000 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 110.74 28534 07/28/2025 7000 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 64.59 Check Total: 303.01
28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 73.73 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 2,837.29 28535 07/28/2025 0001 General Fund Special Departmental Expense O'REILLY AUTO PARTS 10.86 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 69.76 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 171.13 28535 07/28/2025 6010 Sewer Enterprise Fund Uniform & Clothing Expense O'REILLY AUTO PARTS 23.91 28535 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 53.25 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 118.62 28535 07/28/2025 0001 General Fund Special Departmental Expense O'REILLYAUTO PARTS 43.49 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 29.95 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 45.64 28535 07/28/2025 6010 Sewer Enterprise Fund Small Tools O'REILLY AUTO PARTS 7.06 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 21.74 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 43.46 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 61.69 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 207.50 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 264.25 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 275.75 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 75.62 28535 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 68.45 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 811.42 28535 07/28/2025 7000 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 162.02 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 10
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Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 5,476.59
28536 07/28/2025 7000 Internal Service Fund Professional Services OSBORNE'S APPLIANCE 188.00 Check Total: 188.00
28537 07/28/2025 0001 General Fund Training PR! MANAGEMENT GROUP 188.99 Check Total: 188.99
28538 07/28/2025 6001 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 3,709.60 Check Total: 3,709.60
28539 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense PUMP PROS INC 10,125.00 28539 07/28/2025 6010 Sewer Enterprise Fund Professional Services PUMP PROS INC 9,032.45 Check Total: 19,157.45
28540 07/28/2025 6010 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 3,364.60 Check Total: 3,364.60
28541 07/28/2025 0001 General Fund Rents & Leases QUADIENT, INC. 287.58 Check Total: 287.58
28542 07/28/2025 0001 General Fund Professional Services R TOUCH OF GLASS 3,650.00 Check Total: 3,650.00
28543 07/28/2025 3065 Low&Mod Inc Housing Asset Fun c Professional Services RSG INC 50.00 28543 07/28/2025 3064 RDVLPMNT Obligation Retiremer Professional Services RSG INC 587.50 Check Total: 637.50
28544 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SAFE-T--LITE 4,247.59 28544 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE -585.58 28544 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 261.79 28544 07/28/2025 1018 SBl-Road Maint & Rehab RMRA Pavement Markings SAFE-T-LITE 408.14 28544 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 1,303.51 28544 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 17.39 28544 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 84.37 Check Total: 5,737.21
28545 07/28/2025 6000 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR POLLUTION CON" 577.00 -
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AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 11

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 577.00
28546 07/28/2025 1078 HOME Grant Fund General Administration SELF-HELP ENTERPRISES 236.24 28546 07/28/2025 1064 CDBG Program Income Activity Delivery (Rehab) SELF-HELP ENTERPRISES 5,518.50 28546 07/28/2025 1080 PLHA-Perm Local Housing Alloc Professional Services SELF-HELP ENTERPRISES 9,773.37 28546 07/28/2025 1064 CDBG Program Income Loans & Grants (Rehab) SELF-HELP ENTERPRISES 120,112.62 Check Total: 135,640.73
28547 07/28/2025 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project SIERRA MATERIALS & TRUCKING COMPANY 922.66 Check Total: 922.66
28548 07/28/2025 1011 Gas Tax/Street Improvement Machinery & Equipment STILES TRUCK BODY & EQUIPMENT INC 17,766.24 Check Total: 17,766.24
28549 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,149.71 28549 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 943.58 28549 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,013.27 28549 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,919.20 28549 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 854.35 28549 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,142.04 Check Total: 7,022.15
28550 07/28/2025 0001 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 230.35 Check Total: 230.35
28551 07/28/2025 6000 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 7,800.99 Check Total: 7,800.99
28552 07/28/2025 7030 Information Technology Fund Special Departmental Expense TEXT MY GOV 10,500.00 Check Total: 10,500.00
28553 07/28/2025 0001 General Fund Office Supplies THE SIGN GUYS 228.38 28553 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense THE SIGN GUYS 424.13 28553 07/28/2025 7000 Internal Service Fund Special Departmental Expense THE SIGN GUYS 1,486.00 Check Total: 2,138.51
28554 07/28/2025 7000 Internal Service Fund Professional Services TONYS PLUMBING SERVICE INC 922.00 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 12
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Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 922.00
28555 07/28/2025 0001 General Fund Rents & Leases US BANK EQUIPMENT FINANCE 156.94 Check Total: 156.94
28556 07/28/2025 7000 Internal Service Fund Operations & Maintenance VAN DE POL 256.60 28556 07/28/2025 7000 Internal Service Fund Operations & Maintenance VAN DE POL 12,051.62 Check Total: 12,308.22
28557 07/28/2025 6010 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.01 28557 07/28/2025 7000 Internal Service Fund Utilities VERIZON WIRELESS 80.04 28557 07/28/2025 6010 Sewer Enterprise Fund Communications VERIZON WIRELESS 51.96 28557 07/28/2025 6010 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 28557 07/28/2025 6000 Water Enterprise Fund Communications VERIZON WIRELESS 92.15 28557 07/28/2025 0001 General Fund Communications VERIZON WIRELESS 51.47 28557 07/28/2025 7000 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 Check Total: 393.65
28558 07/28/2025 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,107.10 28558 07/28/2025 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 69.50 Check Total: 1,176.60
28559 07/28/2025 6010 Sewer Enterprise Fund Atwater Blvd Drainage Imprvmts VVH CONSULTING SERVICES 2,000.00 28559 07/28/2025 1018 SRI-Road Maint & Rehab RMRA Olive Avenue Overlay VVH CONSULTING SERVICES 1,950.00 28559 07/28/2025 0007 Measure V Fund Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 2,695.00 28559 07/28/2025 6010 Sewer Enterprise Fund Lower Shaffer Storm Drain Imp VVH CONSULTING SERVICES 5,325.00 28559 07/28/2025 1018 SB 1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 11,338.75 28559 07/28/2025 6010 Sewer Enterprise Fund Eucalyptus/First Drainage Imp VVH CONSULTING SERVICES 6,250.00 28559 07/28/2025 0001 General Fund Professional Services VVH CONSULTING SERVICES 3,462.00 28559 07/28/2025 0001 General Fund Professional Services VVH CONSULTING SERVICES 555.00 28559 07/28/2025 0008 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 1,257.87 28559 07/28/2025 0003 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 9,708.74 28559 07/28/2025 6000 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 13,848.00 28559 07/28/2025 0001 General Fund Professional Services VVH CONSULTING SERVICES 11,340.00 Check Total: 69,730.36
28560 07/28/2025 0001 General Fund Maint. Buildings & Grounds WARD ENTERPRISES 70.63 Check Total: 70.63
28561 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 10.34 AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 13
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,

Check Number Check Date Fund account Name Vendor Name Void Amount 28561 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 183.58 28561 07/28/2025 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 16.51 28561 07/28/2025 1011 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 30.92 Check Total: 241.35
28562 07/28/2025 6010 Sewer Enterprise Fund Uniform & Clothing Expense WINTON HARDWARE 33.36 28562 07/28/2025 6010 Sewer Enterprise Fund Small Tools WINTON HARDWARE 23.69 28562 07/28/2025 6010 Sewer Enterprise Fund Small Tools WINTON HARDWARE 151.81 Check Total: 208.86
28563 07/28/2025 1013 Local Transportation Fund Fruitland Ave Rd Improvements WINTON WATER & SANITARY DISTRICT 3,563.60 Check Total: 3,563.60
28564 07/28/2025 0001 General Fund Special Departmental Expense WORK WELLNESS 95.00 Check Total: 95.00
Report Total: 2,307,703.96
AP-Checks for Approval (7/28/2025 - 4:33 PM) Page 14
—
i

Warrant Summary August 11, 2025
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
8/11/2025 Warrant
Prewrittens (Checks Processed Between Warrants)
Total Accounts Payable Warrants:

Additional Warrants
Amount
$ 925,451.29
$ 300.00
$ 925,751.29
Date Description Amount
7/30/2025 Aflac $ 96.75
7/30/2025 AFSCME District Council 57 $ 1,007.79
7/30/2025 Atwater Police Officers Association $ 2,937.80 7/30/2025 CALPERS Employee 457 Plan $ 1,602.00
7/30/2025 EPARS Employee 457 Plan (PNC Bank) $ 1,888.00 7/30/2025 PERS Retirement 7/3/25 - 7/16/25 $ 64,046.36
7/30/2025 State Disbursement - Child Support 7/24/25 Payroll $ 115.38 7/30/2025 UNUM Voluntary Life Insurance August 2025 Premiums $ 107.01 8/5/2025 PERS Health - August 2025 $ 131,881.31
7/30/2025 Retiree Medical Reimbursement - August 2025 $ 54,554.30 Total Additional Warrants: $ 258,236.70
Payroll
Date Description Amount
7/24/2025 Net Payroll $ 296,239.82
7/30/2025 Federal Taxes $ 72,946.62
7/30/2025 State Taxes $ 9,943.11
Total Payroll: $ 379,129.55
Grand Total: $ 1,563,117.54
Anna Nicholas, Finance Director Mark Borba, City Treasurer

Accounts Payable
Checks for Approval
User: jmurillo
Printed: 8/8/2025 - 7:28 AM
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iwdteC
Cermrr u,xity'Pridt City WI
hO BeIIBVUB RD . GA 951
Check Number Check Date Fund Account Name Vendor Name Void Amount 28565 07/30/2025 0001 General Fund Garnishments FRANCHISE TAX BOARD 50.00 Check Total: 50.00
28566 07/30/2025 0001 General Fund Garnishments MERCED COUNTY SHERIFF'S OFFICE 250.00 Check Total: 250.00
Report Total: 300.00
AP-Checks for Approval (8/8/2025 - 7:28 AM) Page 1

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
8/7/2025 - 2:35 PM
Ccz»trnmri! y Pride City b5:ide
Belfeuue Road, / 1 Br GA 963Q1
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 08/11/2025 6020 Sanitation Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 39.64 0 08/11/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 178,007.29 0 08/11/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 1,468.09 0 08/11/2025 6020 Sanitation Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 554.22 0 08/11/2025 6000 Water Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 554.22 0 08/11/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 33,147.40 0 08/11/2025 0001 General Fund Office Supplies QUADIENT FINANCE USA INC 1,249.59 0 08/11/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 47.26 0 08/11/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 129.26 0 08/11/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 97,916.67 0 08/11/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 134.92 0 08/11/2025 6010 Sewer Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 554.23 0 08/11/2025 6000 Water Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 39.64 0 08/11/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 61,666.67 0 08/11/2025 6010 Sewer Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 39.64 Check Total: 375,548.74
28567 08/11/2025 7000 Internal Service Fund Professional Services ADVANCED HEATING & AIR 187.50 28567 08/11/2025 7000 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 592.69 28567 08/11/2025 7000 Internal Service Fund Professional Services ADVANCED HEATING & AIR 285.00 Check Total: 1,065.19
28568 08/11/2025 7000 Internal Service Fund Professional Services AERIAL INSPECTION SERVICES 2,521.75 Check Total: 2,521.75
28569 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense AIRGAS USA, LLC 124.90 28569 08/11/2025 0001 General Fund Special Departmental Expense AIRGAS USA, LLC 134.27 Check Total: 259.17
28570 08/11/2025 0001 General Fund Professional Services ALLWAYS TOWING LLC 750.00 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 1

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 750.00
28571 08/11/2025 7000 Internal Service Fund Professional Services ALTEC INDUSTRIES INC 2,616.30 28571 08/11/2025 7000 Internal Service Fund Operations & Maintenance ALTEC INDUSTRIES INC 429.00 Check Total: 3,045.30
28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 88.50 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 22.07 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 81.17 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 29.53 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.47 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 864.11 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 28.28 28572 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.09 28572 08/11/2025 0001 General Fund Uniform & Clothing Expense AMAZON CAPITAL SERVICES 173.95 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 213.33 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 90.90 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 73.92 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 101.50 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.17 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 125.79 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 3,364.38 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES -19.58 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.92 28572 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 13.56 28572 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 36.61 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 147.35 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.36 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.84 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 44.01 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 45.68 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 131.83 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 96.70 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 61.95 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 63.44 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 82.60 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 81.17 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 17.20 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.36 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 3,364.38 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,135.40 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 135.02 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.15 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 2
,_

Check Number Check Date Fund Account Name Vendor Name Void Amount 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 6.08 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 547.66 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 432.54 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.75 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 41.80 28572 08/11/2025 0001 General Fund Community Center Expense AMAZON CAPITAL SERVICES 29.35 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 804.74 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 195.74 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 507.73 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 71.76 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 38.35 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 89.71 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 653.82 28572 08/11/2025 6010 Sewer Enterprise Fund Small Tools AMAZON CAPITAL SERVICES 357.83 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 450.54 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 58.38 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 46.74 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 11.17 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 23.75 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 4,110.80 28572 08/11/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.74 28572 08/11/2025 0001 General Fund Community Center Expense AMAZON CAPITAL SERVICES 134.30 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 168.52 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 816.57 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 44.01 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.15 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 58.38 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 53.84 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 51.69 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 92.43 28572 08/11/2025 6010 Sewer Enterprise Fund Small Tools AMAZON CAPITAL SERVICES 107.66 28572 08/11/2025 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 27.72 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 252.57 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 50.01 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 413.24 28572 08/11/2025 0001 General Fund Community Center Expense AMAZON CAPITAL SERVICES 18.48 28572 08/11/2025 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 270.85 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 46.72 28572 08/11/2025 0001 General Fund Uniform & Clothing Expense AMAZON CAPITAL SERVICES 108.75 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.68 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 282.71 28572 08/11/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 309.71 28572 08/11/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 78.04 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 423.45 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 3

Check Number Check Date Fund Account Name Vendor Name Void Amount 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.96 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 61.98 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.59 28572 08/11/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 144.53 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 776.06 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.39 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 279.12 28572 08/11/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 78.04 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 70.88 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 2,389.36 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 302.69 28572 08/11/2025 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 61.26 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 148.88 28572 08/11/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 27.87 28572 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.42 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 148.49 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 3,364.38 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.23 28572 08/11/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,135.40 28572 08/11/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 364.85 Check Total: 33,212.95
28573 08/11/2025 0001 General Fund Professional Services ATWATER VETERINARY CENTER 180.00 Check Total: 180.00
28574 08/11/2025 0001 General Fund Community Center Deposits ATWATER YOUTH BASEBALL & SOFTBALL 210.00 28574 08/11/2025 0001 General Fund Community Center Deposits ATWATER YOUTH BASEBALL & SOFTBALL 210.00 28574 08/11/2025 0001 General Fund Community Center Deposits ATWATER YOUTH BASEBALL & SOFTBALL 210.00 Check Total: 630.00
28575 08/11/2025 6000 Water Enterprise Fund Accounts Payable JOHN BAILEY 23.15 28575 08/11/2025 6020 Sanitation Enterprise Fund Accounts Payable JOHN BAILEY 18.63 28575 08/11/2025 6010 Sewer Enterprise Fund Accounts Payable JOHN BAILEY 27.49 Check Total: 69.27
28576 08/11/2025 7020 Risk Management Fund Professional Services BEST BEST & KRIEGER 2,772.00 28576 08/11/2025 6000 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 10,967.40 28576 08/11/2025 0001 General Fund Professional Services BEST BEST & KRIEGER 38,259.01 28576 08/11/2025 7020 Risk Management Fund Professional Services BEST BEST & KRIEGER 7,191.15 28576 08/11/2025 6000 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 86.70 28576 08/11/2025 6010 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 166.00 28576 08/11/2025 0001 General Fund Professional Services BEST BEST & KRIEGER 76,827.32 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 4
_,-

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 136,269.58
28577 08/11/2025 7000 Internal Service Fund Special Departmental Expense BEST ELECTRIC 314.62 28577 08/11/2025 7000 Internal Service Fund Professional Services BEST ELECTRIC 612.50 28577 08/11/2025 7000 Internal Service Fund Special Departmental Expense BEST ELECTRIC 37.41 28577 08/11/2025 7000 Internal Service Fund Professional Services BEST ELECTRIC 1,050.00 Check Total: 2,014.53
28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 67.81 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 9.68 28578 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 69.69 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 24.67 28578 08/11/2025 1018 SB 1-Road Mamt & Rehab RMRA Curb, Gutter, Sidewalk Project BIG CREEK LUMBER COMPANY 92.30 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 51.96 28578 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 128.59 28578 08/11/2025 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project BIG CREEK LUMBER COMPANY 48.92 28578 08/11/2025 7000 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 12.58 28578 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 61.05 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 75.58 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 36.84 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 41.33 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 87.17 28578 08/11/2025 6010 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 98.65 28578 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 152.46 28578 08/11/2025 0001 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 117.26 28578 08/11/2025 6010 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 78.29 28578 08/11/2025 6000 Water Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 136.86 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 94.99 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 104.66 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 95.29 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY -30.99 28578 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 48.43 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 5.80 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 370.63 28578 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 51.48 Check Total: 2,131.98
28579 08/11/2025 0001 General Fund Community Center Deposits BLUE DIAMOND GROWERS 210.00 28579 08/11/2025 0001 General Fund Community Center Deposits BLUE DIAMOND GROWERS 350.00 28579 08/11/2025 0001 General Fund Community Center Deposits BLUE DIAMOND GROWERS 210.00 Check Total: 770.00
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 5
/

Check Number Check Date Fund Account Name Vendor Name Void Amount 28580 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BOGIES PUMP SYSTEMS 454.36 28580 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense BOGIES PUMP SYSTEMS 2,220.00 Check Total: 2,674.36
28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.15 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 171.36 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 101.44 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,056.00 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 248.28 28581 08/11/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 61.12 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 26.63 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 1,356.00 28581 08/11/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,398.56 28581 08/11/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28581 08/11/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 215.64 Check Total: 8,565.88
28582 08/11/2025 0001 General Fund Memberships & Subscriptions CACEO 100.00 Check Total: 100.00
28583 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 130.36 28583 08/11/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 48.48 28583 08/11/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 119.17 28583 08/11/2025 6010 Sewer Enterprise Fund Professional Services CAL FARM SERVICES 80.00 Check Total: 378.01
28584 08/11/2025 6007 1,2,3-TCP Fund Professional Services CARBON SUPPLY INC 17,405.00 Check Total: 17,405.00
28585 08/11/2025 6000 Water Enterprise Fund Accounts Payable MAUREE CASTLE 41.65 Check Total: 41.65
28586 08/11/2025 0001 General Fund Community Center Deposits MELISSA CHAVEZ 350.00 -
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 6

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 350.00 '
28587 08/11/2025 0001 General Fund Training CITY OF FRESNO 623.00 28587 08/11/2025 0001 General Fund Training CITY OF FRESNO 623.00 Check Total: 1,246.00
28588 08/11/2025 7000 Internal Service Fund Utilities COMCAST 125.01 Check Total: 125.01
28589 08/11/2025 0001 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR'. 66.14 28589 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORF 70.57 Check Total: 136.71
28590 08/11/2025 0001 General Fund Professional Services CPCA 170.00 Check Total: 170.00
28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 44.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 56.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 56.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 44.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 55.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 28591 08/11/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 Check Total: 407.00
28592 08/11/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 2,806.00 28592 08/11/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 28592 08/11/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 760.00 28592 08/11/2025 7030 Information Technology Fund Professional Services DATA PATH 8,321.00 28592 08/11/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 3,431.00 28592 08/11/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 2,848.50 Check Total: 19,255.50
28593 08/11/2025 0001 General Fund Various Classes MARY ANN DAVIS 432.25 Check Total: 432.25 .-
28594 08/11/2025 7000 Internal Service Fund Professional Services DELRAY TIRE 45.00 28594 08/11/2025 7000 Internal Service Fund Professional Services DELRAY TIRE 212.15 AP-Checks for Approval (8/7/2025. 2:35 PM) Page 7

Check Number Check Date Fund Account Name Vendor Name Void Amount 28594 08/11/2025 7000 Internal Service Fund Operations & Maintenance DELRAY TIRE 15.17 28594 08/11/2025 7000 Internal Service Fund Operations & Maintenance DELRAY TIRE 928.20 28594 08/11/2025 7000 Internal Service Fund Operations & Maintenance DELRAY TIRE 751.04 28594 08/11/2025 7000 Internal Service Fund Professional Services DELRAY TIRE 199.35 Check Total: 2,150.91
28595 08/11/2025 1018 SB1-Road Maint & Rehab RMRA Pavement Markings DISPENSING TECHNOLOGY CORPORATION 1,750.30 Check Total: 1,750.30
28596 08/11/2025 7000 Internal Service Fund Professional Services DONLEE PUMP COMPANY 205.00 28596 08/11/2025 7000 Internal Service Fund Operations & Maintenance DONLEE PUMP COMPANY 341.36 Check Total: 546.36
28597 08/11/2025 0001 General Fund Uniform & Clothing Expense ED JONES COMPANY 4,967.16 Check Total: 4,967.16
28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 50.99 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 76.49 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 30.31 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 78.13 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 83.11 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 19.00 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 189.18 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 218.37 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 78.13 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 273.84 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 280.35 28598 08/11/2025 0001 General Fund Uniform & Clothing Expense ELITE UNIFORMS 30.31 Check Total: 1,408.21
28599 08/11/2025 0001 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 294.76 Check Total: 294.76
28600 08/11/2025 0001 General Fund Community Center Deposits EXHORTATION TO UNITY INC 350.00 28600 08/11/2025 0001 General Fund Community Center Deposits EXHORTATION TO UNITY INC 210.00 28600 08/11/2025 0001 General Fund Community Center Rental EXHORTATION TO UNITY INC -80.00 28600 08/11/2025 0001 General Fund Community Center Deposits EXHORTATION TO UNITY INC 210.00 28600 08/11/2025 0001 General Fund Community Center Deposits EXHORTATION TO UNITY INC 210.00 28600 08/11/2025 0001 General Fund Community Center Deposits EXHORTATION TO UNITY INC 210.00 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 8

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 1,110.00
28601 08/11/2025 0001 General Fund Office Supplies FEDEX 58.84 Check Total: 58.84
28602 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS 371.98 28602 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS 615.93 Check Total: 987.91
28603 08/11/2025 7000 Internal Service Fund Operations & Maintenance FORD PRO 269.35 Check Total: 269.35
28604 08/11/2025 6000 Water Enterprise Fund Accounts Payable G & M MANAGEMENT SERVICES 806.46 Check Total: 806.46
28605 08/11/2025 0001 General Fund Community Center Deposits OMAR GARCIA 350.00 Check Total: 350.00
28606 08/11/2025 7000 Internal Service Fund Special Departmental Expense GRAINGER 338.17 Check Total: 338.17
28607 08/11/2025 0001 General Fund Training LARON HARLEY 68.09 Check Total: 68.09
28608 08/11/2025 0001 General Fund Special Departmental Expense HENRY SCHEIN, INC. 537.23 Check Total: 537.23
28609 08/11/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 487.90 28609 08/11/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 915.00 28609 08/11/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 147.00 28609 08/11/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 118.16 Check Total: 1,668.06
28610 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense HORIZON 303.58 28610 08/11/2025 0001 General Fund Special Departmental Expense HORIZON 5.98 28610 08/11/2025 0001 General Fund Special Departmental Expense HORIZON 24.15 28610 08/11/2025 0001 General Fund Special Departmental Expense HORIZON 318.03 28610 08/11/2025 0001 General Fund Maint. Buildings & Grounds HORIZON 1,131.62 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 9
—

Check Number Check Date Fund Account Name Vendor Name Void Amount 28610 08/11/2025 0001 General Fund Special Departmental Expense HORIZON 6.91 Check Total: 1,790.27
28611 08/11/2025 0001 General Fund Memberships & Subscriptions IIMC 235.00 Check Total: 235.00
28612 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 369.75 Check Total: 369.75
28613 08/11/2025 7000 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 751.15 Check Total: 751.15
28614 08/11/2025 5031 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,320.00 Check Total: 1,320.00
28615 08/11/2025 7000 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 189.37 Check Total: 189.37
28616 08/11/2025 0001 General Fund Professional Services JORGENSEN COMPANY 973.87 Check Total: 973.87
28617 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 32.19 28617 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 125.11 28617 08/11/2025 7000 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 34.09 28617 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 37.39 28617 08/11/2025 7000 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 66.51 28617 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 43.28 28617 08/11/2025 6010 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG SUPPLY 339.90 28617 08/11/2025 7000 Internal Service Fund Small Tools KELLOGG SUPPLY 88.17 Check Total: 766.64
28618 08/11/2025 6000 Water Enterprise Fund Accounts Payable DORIAN KNOX 112.98 Check Total: 112.98
28619 08/11/2025 0001 General Fund Miscellaneous LOOMIS 465.00 Check Total: 465.00
28620 08/11/2025 6000 Water Enterprise Fund Accounts Payable DEANNA LOPES 131.26 —
—
—
-
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 10

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 131.26
2862I 08/11/2025 6020 Sanitation Enterprise Fund Accounts Payable MAX VAL INC 21.91 Check Total: 21.91 '
28622 08/11/2025 7000 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 45.08 Check Total: 45.08
28623 08/11/2025 0001 General Fund Accounts Payable LEONARD & MONIKAMCCARTNEY 2.00 28623 08/11/2025 ' 6000 Water Enterprise Fund Accounts Payable LEONARD & MONIKA MCCARTNEY 51.94 Check Total: 53.94
28624 08/11/2025 0001 General Fund Coed Fall Softball MCNAMARA SPORTS 110.00 28624 08/11/2025 0001 General Fund Men's Fall Softball MCNAMARA SPORTS 646.59 28624 08/11/2025 0001 General Fund Men's Summer Softball MCNAMARA SPORTS 646.59 28624 08/11/2025 0001 General Fund Coed Summer Softball MCNAMARA SPORTS 110.00 28624 08/11/2025 0001 General Fund Uniform & Clothing Expense MCNAMARA SPORTS 130.00 Check Total: 1,643.18 '
28625 08/11/2025 6000 Water Enterprise Fund Accounts Payable SHELBY MEDEIROS 166.23 Check Total: 166.23
28626 08/11/2025 0001 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 300.00 28626 08/11/2025 0001 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 28626 08/11/2025 0001 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 Check Total: 1,000.00
28627 08/11/2025 0001 General Fund Castle Park Deposits ROBERT MORRIS 200.00 Check Total: 200.00
28628 08/11/2025 7030 Information Technology Fund Communications NEW HORIZON COMMUNICATIONS 2,409.76 28628 08/11/2025 7030 Information Technology Fund Communications NEW HORIZON COMMUNICATIONS 2,447.82 Check Total: 4,857.58
28629 08/11/2025 7000 Internal Service Fund Professional Services NVB EQUIPMENT INC 1,002.50, 28629 08/11/2025 7000 Internal Service Fund Operations & Maintenance NVB EQUIPMENT INC 506.12 Check Total: 1,508.62
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 11

Check Number Check Date Fund Account Name Vendor Name Void Amount 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 57.65 28630 08/11/2025 0001 General Fund Small Tools O'REILLY AUTO PARTS 214.22 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 28.04 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 82.87 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.21 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 247.51 28630 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 35.65 28630 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 66.29 28630 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 38.05 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 253.22 28630 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 30.44 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 27.30 28630 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 26.57 28630 08/11/2025 0001 General Fund Special Departmental Expense O'REILLY AUTO PARTS 60.83 28630 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 76.10 28630 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 99.48 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 41.31 28630 08/11/2025 0001 General Fund Special Departmental Expense O'REILLY AUTO PARTS 39.10 28630 08/11/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 41.29 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 197.84 28630 08/11/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 38.79 Check Total: 1,717.76 r
28631 08/11/2025 6000 Water Enterprise Fund Accounts Payable DAVID PEREZ OCHOA 7.16 Check Total: 7.16
28632 08/11/2025 0001 General Fund Training TREVOR PHILLIPS 69.29 Check Total: 69.29
28633 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense POLLARD WATER 599.82 Check Total: 599.82
28634 08/11/2025 0001 General Fund Special Departmental Expense PRESTON'S LOCK & KEY 104.00 Check Total: 104.00
28635 08/11/2025 6000 Water Enterprise Fund Accounts Payable PROPERTY MANAGEMENT 168.83 Check Total: 168.83 ,~
28636 08/11/2025 0001 General Fund Rents & Leases QUADIENT, INC. 36.00 28636 08/11/2025 0001 General Fund Special Departmental Expense QUADIENT, INC. 114.15 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 12

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 150.15
28637 08/11/2025 6010 Sewer Enterprise Fund Professional Services RAFTELIS FINANCIAL 14,906.25 Check Total: 14,906.25 `
28638 08/11/2025 6000 Water Enterprise Fund Accounts Payable MARIA RAMIREZ 145.39 Check Total: 145.39 -
28639 08/11/2025 7000 Internal Service Fund Professional Services RAZZARI DODGE CHRYSLER JEEP RAM 85.00 28639 08/11/2025 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 435.94 28639 08/11/2025 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 56.64 Check Total: 577.58
28640 08/11/2025 7000 Internal Service Fund Professional Services RECOVERY ROOM UPHOLSTERY 220.00 Check Total: 220.00
28641 08/11/2025 0001 General Fund Uniform & Clothing Expense DAVID RIVERA 150.00 Check Total: 150.00 -
28642 08/11/2025 6020 Sanitation Enterprise Fund Accounts Payable JOE RODRIGUES 7.71 28642 08/11/2025 6010 Sewer Enterprise Fund Accounts Payable JOE RODRIGUES 11.46 28642 08/11/2025 6000 Water Enterprise Fund Accounts Payable JOE RODRIGUES 9.54 Check Total: 28.71
28643 08/11/2025 6010 Sewer Enterprise Fund Professional Services ROLFE CONSTRUCTION 8,500.00 Check Total: 8,500.00
28644 08/11/2025 0001 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 585.26 28644 08/11/2025 0001 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 174.68 Check Total: 759.94
28645 08/11/2025 1018 SBI-Road Maint & Rehab RMRA Traffic Signals Maint & Repair SAFE-T-LITE 152.21 Check Total: 152.21
28646 08/11/2025 6020 Sanitation Enterprise Fund Accounts Payable NIMRAT SANDHU 26.35 28646 08/11/2025 6000 Water Enterprise Fund Accounts Payable NIMRAT SANDHU 144.70 28646 08/11/2025 6010 Sewer Enterprise Fund Accounts Payable NIMRAT SANDHU 38.94 AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 13
'

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 209.99
28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 337.58 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 265.00 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 250.00 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 657.40 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 176.00 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 122.25 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 206.00 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 374.34 28647 08/11/2025 0001 General Fund Professional Services SANTA FE PET HOSPITAL 350.22 Check Total: 2,738.79
28648 08/11/2025 6000 Water Enterprise Fund Accounts Payable ALBERTO SERNA 112.98 Check Total: 112.98
28649 08/11/2025 6010 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 19,508.51 Check Total: 19,508.51
28650 08/11/2025 1018 SBI-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project SIERRA MATERIALS & TRUCKING COMPANY 815.95 28650 08/11/2025 1018 SB1-Road Maint & Rehab RMRA Curb, Gutter, Sidewalk Project SIERRA MATERIALS & TRUCKING COMPANY 830.91 Check Total: 1,646.86
28651 08/11/2025 6000 Water Enterprise Fund Accounts Payable SKITTLES LLC 117.08 28651 08/11/2025 0001 General Fund Accounts Payable SKITTLES LLC 2.00 Check Total: 119.08
28652 08/11/2025 0001 General Fund Community Center Deposits EVELYN SMITH 210.00 Check Total: 210.00
28653 08/11/2025 0001 General Fund Special Departmental Expense NATALIE SOBALVARRO 125.00 Check Total: 125.00
28654 08/11/2025 0001 General Fund Professional Services STATE PRO BUILDERS INC. 4,500.00 Check Total: 4,500.00
28655 08/11/2025 0001 General Fund Special Departmental Expense STRYKER SALES LLC 1,601.10 -
-
,/
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 14

Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 1,601.10
28656 08/11/2025 6000 Water Enterprise Fund Accounts Payable SUCCESS PROPERTY MANAGEMENT 136.78 Check Total: 136.78
28657 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,965.66 28657 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 873.89 28657 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,103.68 Check Total: 3,943.23
28658 08/11/2025 6000 Water Enterprise Fund Accounts Payable JOHNTAVIOUS TAYLOR 166.23 Check Total: 166.23
28659 08/11/2025 6000 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 6,580.00 Check Total: 6,580.00
28660 08/11/2025 0001 General Fund Castle Park Deposits THEODORE TORRES 200.00 Check Total: 200.00
28661 08/11/2025 7000 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
28662 08/11/2025 7000 Internal Service Fund Operations & Maintenance TURF STAR INC 212.52 Check Total: 212.52
28663 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense UNDERGROUND SERVICE ALERT OF NORTHE 1,176.40 28663 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense UNDERGROUND SERVICE ALERT OF NORTHE 371.94 28663 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense UNDERGROUND SERVICE ALERT OF NORTHE 1,176.41 Check Total: 2,724.75
28664 08/11/2025 7010 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,910.52 28664 08/11/2025 7010 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 1,197.16 28664 08/11/2025 7010 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 2,063.70 Check Total: 7,171.38
28665 08/I1/2025 0001 General Fund Women's Volleyball MONICA VAN HOUTEN 425.00 Check Total: 425.00
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 15

Check Number Check Date Fund Account Name Vendor Name Void Amount 28666 08/11/2025 0001 General Fund Community Center Deposits KAO VANG 350.00 Check Total: 350.00
28667 08/11/2025 0001 General Fund Uniform & Clothing Expense TOU VANG 162.36 Check Total: 162.36
28668 08/11/2025 6010 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 196,406.03 Check Total: 196,406.03
28669 08/11/2025 6000 Water Enterprise Fund Accounts Payable LISETH VIDAURI 181.04 28669 08/11/2025 6020 Sanitation Enterprise Fund Accounts Payable LISETH VIDAURI 46.24 28669 08/11/2025 6010 Sewer Enterprise Fund Accounts Payable LISETH VIDAURI 68.72 Check Total: 296.00
28670 08/11/2025 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,532.23 28670 08/11/2025 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,195.44 Check Total: 2,727.67
28671 08/11/2025 0001 General Fund Maint. Buildings & Grounds WARD ENTERPRISES 70.63 Check Total: 70.63
28672 08/11/2025 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 8.81 28672 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 13.95 Check Total: 22.76
28673 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 88.32 28673 08/11/2025 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 11.84 Check Total: 100.16
28674 08/11/2025 6000 Water Enterprise Fund Accounts Payable DARYL WOOD 174.16 Check Total: 174.16
28675 08/11/2025 0001 General Fund Various Classes WOODING CUSTOM GRAPHICS 849.76 Check Total: 849.76
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—
—
—
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 16

Check Number Check Date Fund Account Name Vendor Name Void Amount Report Total: 925,451.29
AP-Checks for Approval (8/7/2025 - 2:35 PM) Page 17

CITY OF ATWATER
Minutes

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
May 31, 2025
Atwater Community Center, Jesse Frago Room – 760 E. Bellevue Road, Atwater, California

CALL TO ORDER
The City Council meeting was called to order at 9:01 AM.

ROLL CALL

Present: Mayor Nelson, Mayor Pro Tem Cale, Council Members Ambriz, Raymond, Rochester (City Council Member Raymond arrived to the meeting at 9:32 AM)

Absent: None
STRATEGIC PLANNING WORKSHOP:

Discussion and direction regarding goals, priorities, and City-wide strategic planning.

City Council participated in a strategic planning workshop to discuss short-term and longterm priorities for the City of Atwater. Topics of discussion included public safety enhancements, infrastructure improvements, community engagement strategies, economic development opportunities, and organizational effectiveness.

Staff presented updates on ongoing projects and facilitated a collaborative discussion to refine the City’s goals and vision for the next fiscal year and beyond. The Council provided input and direction to staff to continue developing a comprehensive strategic plan based on the identified priorities.

Members of the public were in attendance and were given opportunities to comment throughout the workshop. Attendees were also invited to provide written notes and

Special City Council Meeting Action Minutes for May 31, 2025 Page 2 feedback on the draft plan materials shared during the session. All input will be considered as part of the ongoing strategic planning process.

No formal action was taken.
.

ADJOURNMENT
The meeting adjourned at 12:27 PM.

APPROVED:
________________________________

MIKE NELSON
MAYOR
ATTEST:
_______________________________

JANELL MARTIN

ASSISTANT CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

August 11, 2025
TO: Mayor and City Council
FROM: Jana Sousa, Human Resources Director

PREPARED
BY:

Jana Sousa, Human Resources Director
SUBJECT: Approving Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3558-25 approves the amended Joint Powers Agreement, in a form approved by the City Attorney, with the Central San Joaquin Valley Risk Management Authority; and authorizes and directs the City Manager to execute all documents on behalf of the city.

I. BACKGROUND/ANALYSIS:

The City of Atwater is a member of the CSJVRMA (Central San Joaquin Valley Risk Management Authority), which provides the City with risk management services, including liability and workers’ compensation claims administration, vehicle and property insurance coverage, and employment-related risk management services.

The CSJVRMA’s governing documents are outdated and, in some instances, no longer reflect current practices, legal requirements, or operational needs. Updates to the Joint Powers Agreement are being made as follows:
• Definitions have been clarified for better understanding and consistency. • Language has been broadened to allow flexibility in the event CSJVRMA considers creating or participating in a captive insurance agency. • A new provision has been added in accordance with Government Code Section 6509, which was not in place when the Agreement was last amended in 1994.

This section requires Joint Powers Authorities (JPAs) to designate a member agency whose legal restrictions will apply to the operations of the JPA. The City of Ripon has been designated for this purpose, with the City of Madera named as a secondary designee in the event the City of Ripon terminates its membership.

These two cities were selected because they have no restrictions that would conflict with the day-to-day operations of the JPA.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (Human Resources Director Sousa) Page 2

Amendments to the CSJVRMA Joint Powers Agreement require approval through a written resolution adopted and signed by two-thirds of the member city councils. Once adopted by the necessary majority, any member city that fails or refuses to comply with the amended Agreement may be involuntarily removed as a party to the Agreement.

II. FISCAL IMPACTS:

There is no direct fiscal impact associated.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Staff will obtain the City Manager's signature and forward the agreement to the CSJVRMA.

Submitted by:

Jana Sousa, Human Resources Director
Approved by:

Agenda Report - Approving Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (Human Resources Director Sousa) Page 3

Chris Hoem, City Manager
Attachments:

1. Resolution No. XXXX-25 Amends CSJVRMA Joint Powers Agreement

RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING AMENDMENT

TO JOINT POWERS AGREEMENT OF THE

CENTRAL SAN JOAQUIN VALLEY RISK

MANAGEMENT AUTHORITY
WHEREAS, the Central San Joaquin Valley Risk Management Authority (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; and WHEREAS, the City of Atwater is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; and WHEREAS, the City of Atwater is a member of the CSJVRMA; and WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein as “Exhibit A”.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached in “Exhibit A”; and
BE IT FURTHER RESOLVED THAT the City Manager is authorized and directed to execute such agreement.

CITY COUNCIL
OF THE

CITY OF ATWATER

2 Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 11th day of August 2025.

AYES:

NOES:

ABSENT:

APPROVED:

MIKE NELSON, MAYOR
ATTEST:

KORY J. BILLINGS, CITY CLERK

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994

EXHIBIT A

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10

ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents

ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14

ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15

Joint Powers Agreement Page 1 Amended July 1, 20251994

AMENDED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of July, 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and

Joint Powers Agreement Page 2 Amended July 1, 20251994
WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

Joint Powers Agreement Page 3 Amended July 1, 20251994

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Juoaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds charged for the purpose of self-insured coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. .

Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding

Joint Powers Agreement Page 4 Amended July 1, 20251994
of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws, and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. ;
"Representative" shall mean the person, normally the City Manager/Administrator of the Member City , who has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

Joint Powers Agreement Page 5 Amended July 1, 20251994

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
A.

Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

B. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

C. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. . Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement. . A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. . Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

B. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY

Joint Powers Agreement Page 6 Amended July 1, 20251994
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. . When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided. . This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
A. The Authority shall have all of the powers common to Member Cities and all additional powers set forth in Section 6500, et. seq. and Section 989, et. seq. of the Government Code and other applicable law. The Authority shall have all of the rights, immunities, privileges, and defenses afforded each Member City and peculiar to the particular Member City being sued or against which there has been a claim.

Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. to mMake and enter into contracts;

2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;

Joint Powers Agreement Page 7 Amended July 1, 20251994

3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;

4. to aAcquire, hold, or dispose of real and personal property;

5. to rReceive contributions and donations of property, funds, services, and other forms of assistance from any sources;

6. to sSue and be sued in its own name;

7. to eEmploy agents and employees;

8. to aAcquire, construct, manage, and maintain buildings;

9. to lLease real or personal property, including propertythat of a Member City; and

10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. . Each Member City shall appoint one Representative. . Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. . Each Member City shall also appoint one alternate Representative. . The alternate Representative may attend and may participate in any meeting of the Board. . When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. . Each Representative serves at the pleasure of the Member City being represented. . Each Representative has one vote as the member of the Board. . Representatives are not entitled to compensation. . However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. . The Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary. . The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Commented [JW1]: Meetings will continue to
be adopted by the EC, but in a less
formal manner than by resolution.

Joint Powers Agreement Page 8 Amended July 1, 20251994
notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. . As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business. .

However, less than a quorum may adjourn from time to time. . A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. . The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. To creation ofe any new Joint Protection Program;

3. To termination of ae any Joint Protection Program;

4. To expulsion ofel a Member City;

5. To adoption of an operating budget for the Authority;

6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and

7. To Aauthorization for e the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE

The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. . The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agreement Page 9 Amended July 1, 20251994

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. . Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. . All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The president shall appoint someone other than the treasurer to perform the functions of auditor/controller of the Authority shall be performed by the Authority’s contracted administration firmofficers or employees or in-house staff, or the president may assume these functions as a collateral duty of the presidency. The auditor/controller must be a member of the Board. The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Board shall require the treasurer and auditor/controller to file with the Authority an official bond in the amount to be fixed by the Board. The Authority shall pay the cost of bond premiums required by this section. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. . All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws. .

All other Joint Protection Programs shall be optional. . The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. . A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. . Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.

Joint Powers Agreement Page 10 Amended July 1,
20251994
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.

Refunds shall be made in accordance with the Master Plan Document for each program.

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. . Just demands for payment shall be made by warrants in compliance with the adopted budget. . The warrants shall be paid as directed by the Executive Committee. . The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. assist Member Cities in developing their risk management programs ;

2. participate in risk management advisory committees formed by Member Cities;

3. provide loss prevention, safety, and security services;

4. provide all program services as required by program Master Plan Documents ;

5. provide loss analysis control by use of statistical analysis, data processing, and Commented [JR3]: This change is to allow
for the potential formation of a captive
entity, and investment under other state
laws.

Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.

Joint Powers Agreement Page 11 Amended July 1,
20251994
record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. conduct risk management audits to review the participation of each Member City in the program; and

7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. pay all financial obligations to the Authority within the time prescribed;

2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. adopt a risk management program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. establish a risk management advisory committee to work with the risk manager of the Authority;

6. maintain an active safety committee;

7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

9. submit DE3-DPs to the Authority concurrent with the submission dates established by the State of California;

10. submit underwriting information requested by the Authority on a timely basis;

11. provide accurate statistical data concerning the Member City to the Authority when requested;

12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

14. comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document

Joint Powers Agreement Page 12 Amended July 1,
20251994

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. . Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to

Joint Powers Agreement Page 13 Amended July 1,
20251994
participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. . The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. . Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
A. The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

Joint Powers Agreement Page 14 Amended July 1,
20251994

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. . In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. . Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

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20251994

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

August 11, 2025
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Approving a General Construction Contract with Taylor Backhoe Service, Inc. for the Replacement of a Water Service Line Located at 325-329 E. Bellevue Road (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3559-25 awarding a General Construction Contract, in a form approved by the City Attorney, to Taylor Backhoe Service, Inc. of Atwater, California for the replacement of a water service line located at 325-329 E. Bellevue Road, in an amount not to exceed $35,515.17 and construction contingency change orders up to an aggregate of an additional $3,551.52 (10%); and authorizes and directs the City Manager, or his designee, to execute the Contract on behalf of the City.

I. BACKGROUND/ANALYSIS:

There is a 2" polyethylene water service pipe that serves the addresses 325-329 E.

Bellevue Road. This water line broke near the sidewalk and the water department was dispatched to the broken water line. The water department was able to temporarily stop the leak by placing a compression coupling on the service line. Normally, staff would replace the service line instead of putting a coupling on the water service line, but due to the amount of underground conflicts on E. Bellevue, staff must contract out this work.

The work will include potholing all underground conflicts, performing traffic control on E.

Bellevue Road during periods of work in the road, and boring a new water service line starting at the city's water main and extending to the curb stop that is next to the water meter. Depending on how many conflicts there are, the contractor may elect to perform work at night to lessen the burden on traffic on E. Bellevue Road.

Three (3) bids were received and were totaled and reviewed for their responsiveness.

The Bid Summary (attached) shows the lowest bid coming in at $35,515.17. Staff reviewed the bid submitted by Taylor Backhoe Service, Inc. of Atwater, California and have determined it is a responsive and acceptable bid.

II. FISCAL IMPACTS:

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving a General Construction Contract with Taylor Backhoe Service, Inc. for the Replacement of a Water Service Line Located at 325-329 E. Bellevue Road (Public Works Director Vinson) Page 2

Sufficient funding has been appropriated for this item and is budgeted in the FY 2025- 26 Water Enterprise Fund, Water Department, Professional Services No. 6000.7010.3030.

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 two (2) of the City's Strategic Plan: to promote safety, stability, and quality of life.

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, the General Construction Contract will be routed for signatures.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Agenda Report - Approving a General Construction Contract with Taylor Backhoe Service, Inc. for the Replacement of a Water Service Line Located at 325-329 E. Bellevue Road (Public Works Director Vinson) Page 3

Chris Hoem, City Manager
Attachments:

1. XXXX-25 Approving Taylor General Construction Contract

2. Bid Summary--New 2” Service at 325-329 Bellevue Rd

3. Short Form Construction Contract Template (2024)-c1

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER AWARING A GRENERAL CONSTRUCTION
CONTRACT TO TAYLOR BACKHOE SERVICE, INC. FOR

THE REPLACEMENT OF A WATER SERVICE LINE
LOCATED AT 325-329 E. BELLEVUE ROAD
WHEREAS, the City of Atwater identified the need to replace a damaged 2” polyethylene water service line serving properties located at 325–329 E. Bellevue Road due to a break near the sidewalk; and
WHEREAS, City staff determined that due to underground utility conflicts, the replacement work must be performed by an outside contractor; and WHEREAS, three informal (3) bids were received and reviewed for responsiveness and cost, with the lowest responsive bid submitted by Taylor Backhoe Service, Inc. of Atwater, California in the amount of $35,515.17; and
WHEREAS, sufficient funds are available in the FY 2025–26 Water Enterprise Fund, and the City Attorney’s Office has reviewed the contract; and WHEREAS, this project is Categorically Exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15301, Class 1(c) of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby:

Section 1. Award a General Construction Contract, in a form approved by the City Attorney, to Taylor Backhoe Service, Inc. of Atwater, California, for the replacement of the water service line at 325–329 E. Bellevue Road, in an amount not to exceed $35,515.17; and
Section 2. Approve a construction contingency in an amount not to exceed $3,551.52 (10%) for potential change orders; and
Section 3. Authorize and direct the City Manager, or her designee, to execute the contract and any necessary documents related to the project on behalf of the City.

Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 11th day of 2025.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT

BID SUMMARY

PROFESSIONAL SERVICES

Bid For: New 2” Service at 325-329 Bellevue Rd
Account # 6001-1080-L014
No Contractor Bid Total
1 TBS Contractors $35,515.71
2 Lawrence Backhoe Service $36,500.00
3 McKuln Pipeline INC $36,900.00

1 CITY OF ATWATER

CONSTRUCTION CONTRACT
[PROJECT NAME]

1. PARTIES AND DATE.

This Contract is made and entered into this [__] day of [__], 2024 by and between the City of Atwater, a public agency of the State of California (“City”) and [Contractor Name], a [Entity Type] with its principal place of business at [Contractor Address] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing heating ventilating and air conditioning related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: [__].

2.3 Project. City desires to engage Contractor to render such services for the [Project Name] (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)
• Addenda
• Change Orders executed by the City

2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle

3 cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within [***INSERT NUMBER OF CALENDAR OR WORKING DAYS***] days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work

4 necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of [***INSERT PRICE***] (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

5 3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

6 3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under

7 Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the

8 SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and

9 night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

10 In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality.

Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the San Joaquin Valley Air Pollution Control District (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

11 3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

12 3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall

13 mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,

14 be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

15 3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

16 3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

17 3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least

18 ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such

19 provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates [***INSERT TITLE***], or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials

20 or other matter prepared or built by Contractor in connection with its performance of this Contract.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[Contractor Name]
[***INSERT CONTRACTOR ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
CITY:

City of Atwater
[***INSERT CITY ADDRESS***]
Attn: [***INSERT CITY REP. NAME AND TITLE***]
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

21 3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in the Superior Court of California for the County of Merced.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

22 3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]

23 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF ATWATER
AND [CONTRACTOR NAME]
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

City of Atwater [CONTRACTOR NAME]
By: By:

Christoper Hoem
City Manager Its:

Printed Name:

ATTEST:

By:

Kory J. Billings, City Clerk
APPROVED AS TO FORM:

By:

Frank Splendorio, City Attorney

24 EXHIBIT “A”

SERVICES / SCHEDULE
[INSERT SCOPE OF SERVICES]

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EXHIBIT “B”

PLANS AND SPECIFICATIONS
[INSERT ALL PLANS AND SPECS]

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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $400 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[Contractor Name]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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EXHIBIT “F”

PAYMENT BOND

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Atwater (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to [Contractor Name] hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to

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recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
 Individual

DESCRIPTION OF ATTACHED DOCUMENT
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Exhibit G
Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

August 11, 2025
TO: Mayor and City Council
FROM: Richard McEachin, Police Chief

PREPARED
BY:

Richard McEachin, Police Chief
SUBJECT: Approving Agreement between City of Atwater and Atwater Elementary School District for School Resource Officer for 2025- 26 School Year (Police Chief McEachin)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3560-25 approving the School Resource Officer agreement, in a form approved by the City Attorney, Atwater Elementary School District and the City of Atwater for the 2025-26 school year; and authorizes and directs the City Manager to execute all contract documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Atwater Police Department has supplied a School Resource Officer (SRO) to the Atwater Elementary School District for several years. The SRO is responsible for being present at all the schools within the district in an effort to provide security and positive outreach to students, parents, and staff. Both parties are interested in continuing this partnership into the upcoming 2025-26 school year.

II. FISCAL IMPACTS:

The agreement calls for the Atwater Elementary School District to pay 75% of the cost of one Police Officer's salary and benefits. This covers the 196 days that the officer spends on campus for regular school days, summer school days, and a District training day.

This item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal two (2) of the City's Strategic Plan: to promote safety, stability, and quality of life.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving Agreement between City of Atwater and Atwater Elementary School District for School Resource Officer for 2025-26 School Year (Police Chief McEachin) Page 2

V. ALTERNATIVES:

The alternative would be to not approve the agreement and not supply a School Resource Officer to the School District.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

The public may provide comments about this item at the City Council meeting.

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:

If approved, the agreement will be signed by both parties, and the School Resource Officer will continue to provide services to the Atwater Elementary School District for the upcoming 2025-26 school year.

Submitted by:

Richard McEachin, Police Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. Resolution No. XXXX-25 Approves agreement with AESD for SRO

2. AESD-APD SRO Program Agreement FINAL (Agenda)

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. xxxx-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING AN

AGREEMENT WITH THE ATWATER

ELEMENTARY SCHOOL DISTRICT FOR

CONTINUED PROVISION OF A SCHOOL

RESOURCE OFFICER
WHEREAS, the City of Atwater has had a long standing partnership with the Atwater Elementary School District for the providing of a School Resource Officer; and WHEREAS, the City and District desire for this partnership to continue; and WHEREAS, the City Council finds it in the best interest of the public to enter into this agreement.

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

The City Council hereby approves the agreement with the Atwater Elementary School District, attached as Exhibit A. The City Clerk shall maintain a copy of the fully executed agreement in the City’s records.

The foregoing resolution is hereby adopted this 11th day of August 2025.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:

Resolution No. XXXX-25 Page 2
_________________________________

KORY BILLINGS, CITY CLERK

SCHOOL RESOURCE OFFICER PROGRAM
Agreement between
Atwater Elementary School District
and the
City of Atwater
THIS AGREEMENT (“Agreement”) shall take effect on August 11, 2025 by and between the City of Atwater (“City”) and the Atwater Elementary School District (“District”), which may each be referred to herein as “Party” or collectively as “Parties.”

RECITALS
A. The Parties desire to set forth the duties and responsibilities of the Parties with respect to the school resource officer (“SRO”) program (“Program” or “SRO Program”).

B. The Parties desire to create a framework of cooperation toward the common goals of providing a safe learning environment for students and staff.

C. The Parties desire to promote positive relationships between the school, police and community.

NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows:

1. Term of Agreement. The term of this Agreement is effective from August 11, 2025 through August 4, 2026, contingent upon approval by the District’s Governing Board and approval by the City’s City Council, as required by law. During the term, the Parties shall meet on or before May 1 to discuss a continuance of the contract for the upcoming school year. This Agreement can be terminated by any Party by providing the other Parties sixty (60) days written notice in advance of cancellation. The District will be responsible for payment of services rendered through the date of cancellation, not to exceed the maximum outlined in Section 10 and Section13 of this Agreement.

2. Scope of Service. The SRO Program is a collaborative effort between the City and the District. The SRO will be responsible for performing a wide range of duties and responsibilities aimed at educating youth, staff and community members, concerning crime prevention, intervention, and enforcement of laws. The SRO will work cooperatively with District personnel, campus staff, City employees, public agencies, students, parents and community members to promote a safe environment on the campuses of the District and within the community.

3. Selection of Law Enforcement Personnel. The City, in its sole discretion, shall have the power and authority to hire, transfer, discharge, and discipline the SRO; however, a District

representative will participate in the selection of the SRO to be placed at the District. The selection may be conducted prior to entering into this Agreement. The District acknowledges the SRO selected for this assignment under this section is guaranteed an SRO assignment by the City for a minimum of one (1) year. Notwithstanding the foregoing, the District or City may terminate the Agreement at any time pursuant to Section 1.

4. SRO’s Duties. The Chief of the City’s Police Department (“Department”) shall be responsible for carrying out the duties and responsibilities of this Agreement on behalf of the City.

The SRO’s duties shall include, but are not limited to the following:
a. The SRO will be active on the campuses of the District and at school functions as deemed appropriate by the District. Examples include, but are not limited to:
during normal school hours, before and after school when students are present, lunch time, in service activities, extracurricular activities, (e.g., dances, graduations, etc.). The SRO’s work schedule will be flexible to meet District and site needs within the limits of his or her labor contract with the City. The SRO shall wear the City’s regulation police uniform and operate a marked police patrol vehicle while on duty, unless otherwise authorized by a supervisor for a specific purpose and approved by the Atwater Police Chief or his or her designee. All activities of the SRO will be directed and evaluated by the Atwater Police Chief or his or her designee, with input provided by the District’s Assistant Superintendent of Human Resources.
b. The SRO will provide law enforcement expertise to assist the school staff in maintaining safety at school sites.
c. The SRO’s investigation and questioning of students at school, as authorized and allowed by law, shall be limited to offenses related to the operation of the school or occurring at the school, except in situations where a delay in investigation or questioning may result in danger to any person, flight from the jurisdiction by the person suspected of a crime, or destruction of evidence. d. The SRO shall notify the school principal as soon as practical of any significant law enforcement actions taken by an SRO or other officer. e. The SRO shall not become involved in school administrative searches unless specifically requested by the Principal in order to provide security or to handle contraband. School administrative searches will be at the direction and control of the school Principal and will be based upon reasonable suspicion. f. The SRO shall be responsible for monitoring the social and cultural environment around District schools to identify existing or emerging youth gangs. Gang prevention and early intervention strategies shall be coordinated between the Parties.

g. The SRO may become involved, through the school Principal, with the school’s curriculum and provide instructional presentations that enhance the students’ understanding of the police mission and the responsibilities of citizenship. h. The SRO will work to prevent juvenile delinquency and campus violence through close contact and positive relationships with students. The SRO will serve as a positive role model to students.
i. At the request of the school Principal, the SRO shall attend suspension and expulsion hearings. The SRO shall be prepared to provide testimony on any actions taken by the officer and on any personally observed conduct witnessed by the officer. The SRO shall also make available at expulsion hearings any physical evidence that has been seized by law enforcement and is held by the City. j. The SRO shall disseminate information to District administrators and staff on crime trends and changes in laws to assist them in establishing and maintaining safe school environments.
k. The SRO will work to establish and maintain a collaborative partnership with the school administration to provide a safe school environment. The SRO will regularly communicate with the school administration in an effort to share information and discuss issues and concerns of mutual interest.
l. The SRO will work to increase communication between law enforcement, students, school staff, and the community. The SRO will work to build positive working relationships with the school staff and parents.

5. Student Discipline. The certificated administrators of each District school shall be responsible for student discipline and shall make all decisions regarding the imposition of discipline for students enrolled at their campus.

6. Hours of Employment. The SRO shall provide services to the District on all instructional school days (180 days), one (1) District training day and fifteen (15) days of Summer School for a total of one hundred ninety-six (196) days, during school hours as defined below and in the attached District Calendar (EXHIBIT “A”). If the designated SRO takes leave, the City shall provide a replacement SRO, except during a major event which rises to the level requiring all or a significant majority of Department personnel to report to work and/or respond to the event. Only in these instances shall the needs of the City prevail. SRO daily hours shall be no less than eight (8) hours a day with the daily hourly schedule determined by a collaboration between District and Department leadership.

7. Program Criteria. The Parties will work collaboratively to be responsive to evolving school and law enforcement requirements.

8. Employment. The SRO will be an employee of the City. The SRO’s salary and benefits will be paid by the City and reimbursed by the District, as provided in Section 10.

9. Training and Supervision. The SRO shall receive SRO’s work assignments from the City and shall be supervised in the performance of SRO’s duties by the Chief of the Department or his or her designee. The City and Department shall be responsible for training the SRO according to applicable law enforcement standards. The Superintendent of the District or designee will provide the Chief of the Department with information to assist in evaluating the SRO. Any disciplinary problems or alleged improprieties involving the SRO shall be brought to the attention of the Chief of the Department or designee.

10. Costs. Notwithstanding the additional expenses to be paid by the District as referenced in Section 12, and in consideration for regular services of the SRO Program provided by the City and the Department, the District agrees to pay the City in four quarterly payments pursuant to an Addendum (attached exemplar Addendum estimate for FY 25/26 for reference). The Addendum shall represent approximately 75% of the salary and benefits of the SRO. In consideration of incidental expenses such as cell phone stipend, maintenance, fuel, and cellular charges for the marked police vehicle assigned to the SRO, an additional 3% shall be included in the cost of the Program and shall be included in the Addendum. Each invoice provided to the District shall include a 1.5% contract administration fee of the itemized costs invoiced. The District will be responsible for payment of services directly related to the SRO Program to include services performed outside of the normal work schedule (overtime), and the additional expenses contained in Section 12. If the District determines, in its reasonable discretion, that absences or reassignments of the SRO are of a chronically unreasonable nature, the City shall deduct a pro rata portion from the amount payable by the District at the next billing for such absences.

11. Supplies and Equipment. The City agrees to provide the SRO with a laptop, cell phone, standard issued uniforms and equipment, firearm and rounds of ammunition, and vehicle as needed to perform duties. The District agrees to provide an office (when practicable), desk, desk chair, internet access, and the usual and customary office supplies to the SRO.

12. Additional Expenses. The following additional expenses shall only be paid by the District: actual cost of SRO’s overtime related to services performed outside of the normal work schedule (e.g., parent meetings, athletic events, dances, graduations, SRO specific training etc.).

13. Student Records.
a. The Parties agree that the SRO shall be deemed to be a “school official” for the performance of SRO’s duties on behalf of District. The SRO shall therefore be allowed access to student records but the District is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a “legitimate educational interest” within the scope of the

SRO’s service under this Agreement. This includes access to student directory information to the extent permitted by District policy, classroom assignments, attendance records, and discipline files. However, the SRO may not inspect or copy confidential student records outside the scope of the SRO’s service, except as allowed by law.
b. If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the District may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence c. If confidential student record information is needed by the SRO, but no emergency situation exists, unless section 13(d) applies, the information may be released only upon the issuance of a subpoena, a court order or written authorization of the parent/guardian.
d. Pursuant to Education Code section 48902, the principal or designee shall notify the SRO of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student’s name or other identifying information to the SRO, along with information related to the underlying offense.

14. Law Enforcement Records. Pursuant to Welfare and Institutions Code sections 827, 828.1 and 828.3, certain law enforcement records, probation reports and juvenile case file information may be provided to the District Superintendent or his/her designee. In addition to providing such information directly to the District Superintendent, the SRO may provide such information to the principal of the school in which a minor student is enrolled and the principal shall be a designee of the Superintendent for the receipt of such information.

15. Feedback and Evaluation. The Parties agree on the importance of evaluating the SRO program. The Parties will work together to develop and implement procedures including an agreed upon evaluation/assessment form on the performance of the SRO and SRO program to provide periodic feedback and evaluation data for the purpose of measuring the program’s effectiveness.

16. Discrimination. The Parties shall not discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.

17. Indemnification.
a. The City shall indemnify, defend, and hold harmless the District, its officers, officials, employees, and volunteers (collectively “District Agents”) from and

against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, reasonable attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the City and City’s Agents or the gross negligence or willful misconduct of the SRO during the performance of this Agreement.
b. The District shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers (collectively, “City Agents”) from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, reasonable attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the District or SRO’s performance under this Agreement, except to the extent such loss or damage which was caused by the active negligence by the City and City Agents, or the gross negligence or willful misconduct of the SRO.
c. Each Party shall notify the other Party within ten (10) days of any claims or legal actions with respect to any of the matters described in this indemnification section. d. If a Party rejects a tender of defense by the other Party, and it is later determined that the other Party breached no duty of care and/or was immune from liability, that Party shall reimburse the other Party for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the other Party settles a liability claim, with or without participation by that Party.
e. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City, Department or the SRO that they would not owe in the absence of the Agreement, unless expressly provided herein. Except as provided in Section 4, the Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the Department or the SRO and the absence of the SRO and/or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City, Department, SRO, nor the District intends to waive any immunities to which they would be entitled in the absence of the Agreement.

18. Applicable Law. The City and Department shall provide the services specified in this Agreement in accordance with any applicable federal and state statutes, regulation and directives.

19. Entire Agreement. This Agreement, including all recitals, constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous SRO agreements between the Parties.

20. Assignment. Neither Party shall assign or transfer any right or duty in this Agreement.

21. Integration of Prior Terms and Conditions and Authorized Agent. This Agreement, including all recitals and Exhibits constitutes the entire Agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties.

This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the Department shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent.

22. Severability. If any term or provision of this Agreement is determined to be unlawful or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected. Each term or provision of the Agreement shall be valid and enforced as written to the fullest extent permitted by law.

23. Notices. All Notices concerning this Agreement shall be deemed to have been served when deposited in the United States Mail, first class postage prepaid, and addressed as follows:

To City:

City of Atwater
Attn: Chris Hoem, City Manager
1160 Fifth Street
Atwater, CA 95301
To Department:

City of Atwater
Attn: Police Chief
750 Bellevue Road
Atwater, CA 95301
To District:

Atwater Elementary School District
Attn: Christy Lobao, Superintendent
1401 Broadway Ave.

Atwater, CA 95301
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year written below.

EXHIBIT A

ADDENDUM

Salary and Benefits:

Current Total PERS Full Total 1.50%
SRO Current Base Hourly Cert Holiday SRO Annual Wages 25.58% Family 7.614% Personnel AESD Incidentals Contract TOTAL Employee Step Salary Rate pay Pay Assignment & Allowances Salaries FICA Retirement Health W/C Cost 75% 3% Administration Reimbursement EE #1 6 $ 7,540 $ 43.50 $ 4,524 $ 7,308 $ 9,048 $ 111,362 $ 95,006 $ 8,519 $ 28,486 $ 26,834 $ 8,479 $ 183,681 $ 137,761 $ 5,510 $ 2,149 $ 145,420 $ 145,420
Overtime Rates: Actual amounts to be billed quarterly
FLSA Overtime: *Per labor contract with APOA, the City Rate will be computed based on FLSA and Labor Contract available on the City's website 7/1 - 9/30 October 1 Invoice #1 $ 36,355.10 10/1 - 12/31 January 1 Invoice #2 $ 36,355.10
1/1 - 3/31 April 1 Invoice #3 $ 36,355.10
4/1 - 6/30 July 1 Invoice #4 $ 36,355.10
$ 145,420.41

SCHOOL RESOURCE OFFICER PROGRAM

ESTIMATE
FY 2025/26

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

August 11, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager

PREPARED
BY:

Julia Coronado
SUBJECT: Approving Budget Amendment Amending Fiscal Year 2024-2025 Budget to Establish a New Fund for an Approved Capital
Improvement Project, Downtown Pedestrian Improvements
Project- Phase 2 (City Manager Hoem)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3546-25 approving Budget Amendment No.16 amending Fiscal Year 2024-25 to establish Fund 1014 for the Carbon Reduction Program (CRP) Fund, Capital Improvement Project, for the Downtown Pedestrian Improvements Project-Phase 2, City Project No. 20-8, Federal Project No. CML-5254(031) and CRP5254(031), as previously approved in the FY 2024-25 Capital Improvement Program, and authorizing the City Manager or his designee, to implement the budget entry and establish the fund.

I. BACKGROUND/ANALYSIS:

As part of the adopted Fiscal Year 2024-25 Capital Improvement Program (CIP) budget, the Phase 2 Pedestrian Improvement Project Downtown was approved. The project funding source is unique; it is funded by two separate federal funding sources. The first fund is through the Congestion Mitigation and Air Quality (CMAQ) program and the second fund is through the Carbon Reduction Program (CRP). A new CRP fund should have been created to manage the project’s financial activity. While the project and funding were included in the CIP entirely under CMAQ and approved by resolution, the corresponding fund was not yet created at the time of budget. As a result, the CRP fund is not listed in the FY 2024-25 final budget document and was not imported into the City’s ERP system during the original budget process.

This budget amendment formally establishes the fund, authorizes the corresponding budget amount to be manually entered, and ensures proper alignment between the approved CIP and the City’s financial records. No new appropriations or budget transfers are being made; this action is administrative in nature and aligns with previously approved budgetary actions.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving Budget Amendment Amending Fiscal Year 2024-2025 Budget to Establish a New Fund for an Approved Capital Improvement Project, Downtown Pedestrian Improvements Project- Phase 2 (City Manager Hoem) Page 2

II. FISCAL IMPACTS:

Approval of Budget Amendment No.16.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item was reviewed by the City Attorney’s office.

IV. EXISTING POLICY:

This item consists of goal number one (1) of the City's Strategic Plan to ensure the City's continued financial stability.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments relevant to the project.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

Caltrans issued a NEPA Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3) on September 07, 2023.

IX. STEPS FOLLOWING APPROVAL:

This staff report is submitted for City Council consideration and approval to adopt the budget amendment for the Fiscal Year 2024-2025 Budget.

Submitted and Approved by:

Chris Hoem, City Manager

Agenda Report - Approving Budget Amendment Amending Fiscal Year 2024-2025 Budget to Establish a New Fund for an Approved Capital Improvement Project, Downtown Pedestrian Improvements Project- Phase 2 (City Manager Hoem) Page 3

Attachments:

1. BA No. 16 CRP 8-11-25

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. XX AMENDING 2024-25

FISCAL YEAR BUDGET REGARDING

DOWNTOWN PEDESTRIAN IMPROVEMENTS
PROJECT-PHASE 2 AN APPROVED CAPITAL

IMPROVEMENT PROJECT
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3464-24 adopting the 2024-25 Fiscal Year Budget on June 10, 2024; and
WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. xx to the 2024-2025 Fiscal Year Budget as follows:

SECTION 1: Budget Amendment Action in Carbon Reduction Program (CRP) Fund for Fiscal Year 2024-2025.

Establish Budget
(Expense) 1014.1080.U005 Phase 2 Ped Imp Proj. Downtown $25,800 Establish Budget
(Revenue) 1014.1080.U005 Phase 2 Ped Imp Proj. Downtown $25,800 BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 11th day of August, 2025.

Resolution No. XXXX-XX Budget Amendment No. X Page 2

AYES:

NOES:

ABSENT:

APPROVED:
________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

August 11, 2025
TO: Mayor and City Council
FROM: Richard McEachin, Police Chief

PREPARED
BY:

Richard McEachin, Police Chief
SUBJECT: Approving a Purchase Agreement with Xybix Systems, Inc. for Purchase and Installation of Dispatch furniture (Police Chief McEachin)

RECOMMENDED COUNCIL ACTION
Approving a Purchase Agreement (Purchase Order) to Xybix Systems, Inc. for the purchase and installation of three dispatch workstations, in an amount not to exceed $60,000.;and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.

I. BACKGROUND/ANALYSIS:

With the relocation of the Finance Department to its new location on Broadway, the Police Department inherited the space formerly occupied by Finance. The Records, Code Enforcement, and Community Services divisions were moved into that vacated space. Additional shuffling of offices was then completed, providing more space for staff to work more efficiently. There were no desks purchased during this relocation, as we utilized four desks that were left behind when Finance moved.

The next step in the reorganization is to move Dispatch from its current space to the office formerly occupied by the Patrol Sergeants. This space is much more suited for Dispatch than the current location. The new Dispatch center will have three fully functional workstations, which will require the purchase of three desks. They are special sit/stand desks suitable for all of the equipment that is required for a Dispatch station.

II. FISCAL IMPACTS:

The quote from Xybix is for the amount of $59,006.02. This purchase will be paid for out of Machinery & Equipment, account number 0001-2020-6021.

This item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving a Purchase Agreement with Xybix Systems, Inc. for Purchase and Installation of Dispatch furniture (Police Chief McEachin) Page 2

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goals one (1) and two (2) of the City's Strategic Plan: to ensure financial solvency and promote safety, stability, and quality of life.

V. ALTERNATIVES:

None. Of three quotes received, this was the lowest.

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:

The proposed project involves the operation, maintenance, leasing, licensing, or minor alternation of existing public facilities. This proposed action qualifies under Class 1 Categorical Exemptions Section 15301 of the State CEQA guidelines.

IX. STEPS FOLLOWING APPROVAL:

If approved, the purchase will be made and once the equipment is in, it will be installed in the new Dispatch center.

Submitted by:

Richard McEachin, Police Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. Atwater Police Dept - 0031573 R1 Quote 36504B

Agenda Report - Approving a Purchase Agreement with Xybix Systems, Inc. for Purchase and Installation of Dispatch furniture (Police Chief McEachin) Page 3

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

August 11, 2025
TO: Mayor and City Council
FROM: Richard McEachin, Police Chief

PREPARED
BY:

Richard McEachin, Police Chief
SUBJECT: Approving a Lease Agreement with Enterprise Fleet Management for four (4) Ford Police Interceptor Utility vehicles (Police Chief McEachin)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3561-25 approving a Lease Agreement, in a form approved by the City Attorney, with Enterprise Fleet Management for the lease of four (4) Ford Police Interceptor Utility patrol vehicles, at an amount of $1,202.03 per month per vehicle, for a total annual cost of $57,697.44 for six years; and authorizes and directs the City Manager or his designee to execute all contract documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Atwater Police Department currently has thirteen (13) pursuit-rated vehicles dedicated to the patrol division. Of those 13 vehicles, five are considered at end-of-life, all in excess of 150,000 miles. These vehicles are a 2014 Ford Police Interceptor Sedan, two 2016 Ford Police Interceptor Utility, and two 2017 Chevrolet Tahoes. The proposed lease of four new patrol vehicles would replace these five, all of which will be retired and sent to auction.

Leasing (instead of purchasing) allows the City to take possession of all four vehicles now rather than spreading them out over several years due to the high cost of a fullyequipped police vehicle. At the end of the 72-month lease, the City has the option to return them to Enterprise or keep them in service for a small fee (currently $35/month).

II. FISCAL IMPACTS:

The lease is for $1,202.03 per month per vehicle, for a total annual cost of $57,697.44 for six years. The first year is included in the approved 2025/26 annual budget through Measure B account # 0004-2021-3034 (Rents and Leases).

This item has been reviewed by the Finance Director.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving a Lease Agreement with Enterprise Fleet Management for four (4) Ford Police Interceptor Utility vehicles (Police Chief McEachin) Page 2

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal two (2) of the City's Strategic Plan: to promote safety, stability, and quality of life, specifically 2.14 Develop a program to replace aging equipment and vehicles.

V. ALTERNATIVES:

Purchase four (4) Ford Police Interceptor Utility patrol vehicles outright (no lease).

Approximate cost would be $340,000.00.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not 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:

If approved, the agreement between the City of Atwater and Enterprise Fleet Management will be executed, and the vehicles will be ordered. Once the City takes possession, the vehicles will be placed into service, and the end-of-life vehicles will be retired.

Submitted by:

Richard McEachin, Police Chief
Approved by:

Chris Hoem, City Manager

Agenda Report - Approving a Lease Agreement with Enterprise Fleet Management for four (4) Ford Police Interceptor Utility vehicles (Police Chief McEachin) Page 3

Attachments:

1. XXXX-25 Approves lease agreement with Enterprise Fleet Management

2. 2026 Ford Interceptor - City of Atwater

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. xxxx-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING THE LEASE OF
FOUR (4) FORD POLICE INTERCEPTOR UTILITY

PATROL VEHICLES FROM ENTERPRISE FLEET
MANAGEMENT.

WHEREAS, the City of Atwater Police Department patrols the City 24 hours a day, 7 days a week; and
WHEREAS, while on patrol, Police Officers drive pursuit-rated, fully-marked patrol vehicles; and
WHEREAS, these patrol vehicles have an expected lifespan due to the constant driving and idling that they undergo, requiring them to be replaced routinely; and WHEREAS, Enterprise Fleet management has partnered with the City in the lease of other police vehicles in the past;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater, California hereby approves a Lease Agreement, in a form approved by the City Attorney, with Enterprise Fleet Management for the lease of four (4) Ford Police Interceptor Utility patrol vehicles, at an amount of $1,202.03 per month per vehicle, for a total annual cost of $57,697.44 for six years; and authorizes and directs the City Manager or his designee to execute all contract documents on behalf of the City, as outlined in the quote attached as Exhibit A.

The foregoing resolution is hereby adopted this 11th day of August, 2025.

Resolution No. XXXX-25 Page 2
AYES:

NOES:

ABSENT:

APPROVED:

________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_______________________________

KORY BILLINGS, CITY CLERK

Prepared For: City of Atwater Date 07/30/2025
McEachin, Richard AE/AM NMM/VEC
Unit # 29FQDT
Year 2026 Make Ford Model Police Interceptor Utility
Series Base All-Wheel Drive
Vehicle Order Type Ordered Term 72 State CA Customer# 593341 $ 70,535.00 Capitalized Price of Vehicle1
$0.00 * Sales Tax 0.0000% State CA
$ 1,007.46 * Initial License Fee
$ 0.00 Registration Fee
$ 560.00 Other: (See Page 2)
$ 10,402.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$1,128.93 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name McEachin, Richard
Exterior Color (0 P) Agate Black
Interior Color Charcoal Black w/Unique HD Cloth Front Bucket Lic. Plate Type Exempt
GVWR 0
$ 60,693.00 Total Capitalized Amount (Delivered Price)
$ 842.97 Depreciation Reserve @ 1.3889%
$ 261.75 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 1,104.72 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.00 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 97.31 Tax 8.7500% State CA
$ 1,202.03 Total Monthly Rental Including Additional Services $ -0.84 Reduced Book Value at 72 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 20,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Atwater

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 9164963
Printed On 07/30/2025 04:17:52 PM Page 1 of 6