City Council / Local Redevelopment Authority / Public Financing Authority
June 14, 2022

COMBINING STATEMENT OF REVENUES, EXPENDITURES,

AND CHANGES IN FUND BALANCE

NONMAJOR GOVERNMENTAL FUNDS
FOR THE YEAR ENDED JUNE 30, 2020
WITH COMPARATIVE ACTUAL AMOUNTS FOR JUNE 30, 2019
Local Asset
Trans- Cheese Riverbank ForfeitGas Tax portation And Wine Donations ture Fund Fund Fund Fund Fund
Revenues
Investment Earnings 3,934 6,763 0 0 0
Intergovernmental 1,004,938 0 0 0 0
Other Taxes 0 0 0 0 0
Impact Fees 0 0 0 0 0
Licenses And Permits 0 0 0 0 0
Service Charges And Miscellaneous 0 38,192 66,396 959 7,150 Total Revenues 1,047,064 66,396 6,763 959 7,150
Expenditures
General Government 0 0 0 0 0
Public Safety 0 0 0 0 2,470
Public Works 806,234 45,088 0 0 0
Community Development 0 0 0 0 0
Culture And Leisure 0 0 97,152 0 0
Capital Outlay 0 301,118 0 0 36,105
Total Expenditures 1,107,352 97,152 45,088 0 38,575
Excess(Deficiency) Of Revenues
Over Expenditures ( 38,325) 60,288) ( 30,756) ( 959 31,425) ( Other Financing Sources (Uses)
Operating Transfers In 259,871 0 0 0 0
Operating Transfers Out ( 101,509) 35,650) ( 0 0 0
Total Other Financing Sources (Uses) 101,509) 224,221 ( 0 0 0 Net Change In Fund Balances 163,933 139,834) ( 30,756) ( 959 31,425) ( Fund Balance - Beginning 106,675 386,569 30,324 3,796 44,022 Fund Balance - Ending 33,159) 550,502 ( 432) ( 4,755 12,597 Special Revenue
68 Weed And Self- Lighting Neighbor- Public Non-Major
Rubbish Insurance And Land- Hood Safety Aug- Off-Street Park Special Abatement Reserve scaping Improvement mentation Parking Riverfest Grant Revenue Fund Fund Fund Fund Fund Fund Fund Fund Total
2,386 1,005 7,114 0 0 934 0 0 22,136
0 0 0 44,442 115,536 0 0 0 1,164,916
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
596,535 575 357,526 275 0 0 0 16,936 1,084,544
598,921 1,580 364,640 44,717 115,536 934 0 16,936 2,271,596 510,598 0 0 0 0 0 0 0 510,598
0 0 0 130,627 0 0 0 0 133,097
0 6,936 0 0 0 0 0 0 858,258
0 0 276,825 0 0 0 0 0 276,825
0 0 0 0 0 0 0 0 97,152
0 73,440 21,958 0 0 0 0 0 432,621
584,038 6,936 298,783 130,627 0 0 0 0 2,308,551
( 5,356) 14,883 65,857 85,910) ( 115,536 934 0 16,936 36,955) ( 0 0 32,256 102,932 0 0 0 2,371 397,430
0 0 105,094) ( 0 135,299) ( 0 0 0 377,552) (
0 0 72,838) ( 102,932 135,299) ( 0 0 2,371 17,507
( 14,883 5,356) 6,981) ( 17,022 19,763) ( 934 0 19,307 17,077) ( 517,739 60,652 251,250 8,169) ( 17,302 54,097 3,703 19,307) ( 1,448,653 532,622 55,296 244,269 8,853 2,461) ( 55,031 3,703 0 1,431,576 Special Revenue
69 CITY OF RIVERBANK

COMBINING STATEMENT OF REVENUES, EXPENDITURES,

AND CHANGES IN FUND BALANCE

NONMAJOR GOVERNMENTAL FUNDS
FOR THE YEAR ENDED JUNE 30, 2020
CARES Public Facility Railroad
ACT Benefit Improvement Park Crossing
Fund Fund Fund Fund Fund
Revenues
Investment Earnings 0 0 0 11 0
Intergovernmental 0 0 0 0 0
Other Taxes 0 0 0 0 0
Impact Fees 0 0 0 0 0
Licenses And Permits 0 0 0 0 0
Service Charges And Miscellaneous 750,931 0 4,150 0 0
Total Revenues 750,931 0 4,150 11 0
Expenditures
General Government 0 0 0 0 0
Public Safety 71 127,714 0 0 0
Public Works 0 0 0 0 0
Community Development 0 0 0 0 0
Culture And Leisure 0 0 0 0 0
Capital Outlay 0 0 0 0 0
Total Expenditures 127,714 71 0 0 0
Excess(Deficiency) Of Revenues
Over Expenditures ( 623,217 71) 4,150 11 0
Other Financing Sources (Uses)
Operating Transfers In 0 0 0 0 0
Operating Transfers Out 0 0 2,371) ( 0 0
Total Other Financing Sources (Uses) 0 0 2,371) ( 0 0
Net Change In Fund Balances 71) ( 623,217 1,779 11 0
Fund Balance - Beginning 575,431 0 797 158,941 90,399
Fund Balance - Ending ( 1,198,648 71) 2,576 158,952 90,399 WITH COMPARATIVE ACTUAL AMOUNTS FOR JUNE 30, 2019
Capital Projects
70 Crossroads Non-Major
CFD Measure Devel- Special Storm Capital
2016-1 L opment Projects Drain Projects
Fund Fund Fund Fund Fund Total 2020 2019
0 0 40,815 447 6 63,415 41,279 68,243
1,100,347 0 0 0 0 2,265,263 1,100,347 2,410,114
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 50,460
0 0 0 0 0 0 0 0
0 56,917 0 5,504 43,814 1,945,860 861,316 2,184,840
1,100,347 56,917 40,815 5,951 43,820 2,002,942 4,274,538 4,713,657 0 0 0 0 0 510,598 0 473,099
0 3,915 0 0 0 264,726 131,629 120,200
13,009 0 0 0 14,601 885,868 27,610 780,744
0 0 0 0 0 276,825 0 343,347
0 0 0 0 0 97,152 0 104,550
1,070,448 0 0 0 0 1,503,069 1,070,448 1,035,039
1,083,457 3,915 0 0 14,601 1,229,687 3,538,238 2,856,979 16,890 53,002 40,815 5,951 29,219 773,255 736,300 1,856,678 0 0 0 0 0 397,430 0 377,781
0 0 0 0 33,076) ( ( 412,999) 35,447) ( 363,425) (
0 0 0 0 33,076) ( 35,447) ( 15,569) ( 14,356
16,890 53,002 40,815 5,951 3,857) ( 737,808 720,731 1,871,034 1,388,785 77,825 800,378 60,941 201,014 3,354,511 4,803,164 2,932,130 1,405,675 130,827 841,193 66,892 197,157 4,092,319 5,523,895 4,803,164 Totals
Capital Projects
71 OTHER REPORTS
FEDERAL GRANTOR/PASS- Federal Pass-Through
THROUGH GRANTOR/ CFDA Grantor's Federal
PROGRAM TITLE Number Number Expenditures
U.S. Department of Justice
Local Law Enforcement Block Grant 16.710 N/A 187,739
Total U.S. Department of Justice 187,739
U.S. Department of Defense
Passed Through Office of Economic Adjustment
OEA 12.607 CL0610-11-03 209,837
Total U.S. Department of Defense 209,837
U.S. Department of Army
U.S. Army Engineering And Support Center
ESCA 12.599 N/A 2,677,296
Total Expenditures of Federal Awards 3,074,872

CITY OF RIVERBANK

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
JUNE 30, 2020
72 73

CITY OF RIVERBANK

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2020
SUMMARY OF AUDITOR’S RESULTS

1. Type of report issued on the financial statements – Unmodified

2. Significant deficiencies in internal control disclosed by the audit of the financial statements and any such conditions that are material weaknesses– None

3. Disclosure of any noncompliance which are material to the financial statements - None

4. Disclosure of any significant deficiencies in internal control over major programs and any such conditions that are material weaknesses – None

5. Type of report issued on compliance for major programs – Unmodified

6. Audit findings relative to the major federal programs – None

7. Major programs are as follows: U.S. Department of Army CFDA number 12.599.

8. Expenses in excess of $750,000 was used as the threshold to distinguish between Type A and Type B programs

9. The City of Riverbank was determined to be a low-risk auditee.

FINDINGS - FINANCIAL STATEMENT AUDIT
Findings relating to financial statements which are required to be reported – None

FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS
Findings relating to major federal award programs which are required to be reported – None PRIOR YEAR’S FINDINGS - None
74 REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
To The City Council
City of Riverbank
State of California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information of City of Riverbank, State of California, as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the City of Riverbank, State of California’s basic financial statements and have issued our report thereon dated December 30, 2021.

Internal Control Over Financial Reporting
In planning and performing our audit, we considered the City of Riverbank, State of California’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Riverbank, State of California’s internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City of Riverbank, State of California’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

75 Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses may exist that have not been identified.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City of Riverbank, State of California’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion.

The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Clendenin Bird & Company, PC

CLENDENIN BIRD & COMPANY, PC
Modesto, California
December 30, 2021
76 INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE

WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND

MATERIAL EFFECT ON EACH MAJOR PROGRAM AND

ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE

WITH UNIFORM GUIDANCE
To The City Council
City of Riverbank
State of California
Report on Compliance for Each Major Federal Program
We have audited City of Riverbank, State of California’s compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of City of Riverbank, State of California’s major federal programs for the year ended June 30, 2020. City of Riverbank, State of California’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility
Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs.

Auditor’s Responsibility
Our responsibility is to express an opinion on each of City of Riverbank, State of California’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about City of Riverbank, State of California’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of City of Riverbank, State of California’s compliance.

77 Opinion on Each Major Federal Program
In our opinion, City of Riverbank, State of California, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2020.

Report on Internal Control over Compliance
Management of City of Riverbank, State of California, is responsible for establishing and maintaining effective internal control over compliance with the types of compliance referred to above. In planning and performing our audit, we considered City of Riverbank, State of California’s internal control over compliance with the types of requirements that could have a direct and material effect on a major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing our opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of City of Riverbank, State of California’s internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Gallagher Gatewood

GALLAGHER GATEWOOD, A PROFESSIONAL ACCOUNTANCY CORPORATION Modesto, California
December 30, 2021
78 REPORT ON COMPLIANCE WITH LAWS AND REGULATIONS

BASED ON AN EXAMINATION OF GENERAL-PURPOSE

FINANCIAL STATEMENT PERFORMED IN ACCORDANCE

WITH THE CALIFORNIA TRANSPORTATION

DEVELOPMENT ACT
To The City Council
City of Riverbank
State of California
We have audited the general-purpose financial statements of the City of Riverbank, State of California for the year ended June 30, 2020, and have issued our report thereon dated December 30, 2021. Our audit was made in accordance with generally accepted auditing standards and the standards for financial and compliance audits contained in the California Administrative Code Section 6664 of the Transportation Development Act and the allocation instructions of the Stanislaus Area Association of Governments, and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances.

The management of the City of Riverbank is responsible for the City’s compliance with laws and regulations. In connection with our audit referred to above, we selected and tested transactions and records to determine the City’s compliance with laws and regulations, noncompliance with which could have a material effect on the general-purpose financial statements of the City.

In our opinion the City of Riverbank Transportation Development Act funds were accounted for in conformance with the applicable laws, rules and regulations of the Transportation Development Act and the allocation instructions of the Stanislaus Council of Governments.

Gallagher Gatewood

GALLAGHER GATEWOOD, A PROFESSIONAL ACCOUNTANCY CORPORATION Modesto, California
December 30, 2021

Item 11.1 – CC/LRA – 06/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject: Adopt a Resolution to Award and Authorize the City Manager to Enter into a Professional Services Contract with Visual Sound for the Audio/ Visual Media Equipment Upgrade Project for the Council Chamber; and Authorize a 10% Contingency of the Total Contract for Unforeseen Conditions or Extra Work Required.

From: Marisela H. Garcia, City Manager
Submitted by: Norma Torres-Manriquez, Senior Management Analyst

RECOMMENDATION
It is recommended that that the City Council approve the attached Resolution awarding Visual Sound the Service Contract for the update and upgrading of the audio/ visual (AV) media equipment in the Riverbank Council Chamber, and authorize the City Manager to enter into said contract with Visual Sound. In addition, the Resolution authorizes a 10% contingency of the total contract for unforeseen conditions or extra work required.

SUMMARY
The Riverbank Council Chamber is used to host public meetings, including City Council meetings, Planning Commission meetings, and Appeal Board meetings, to name a few.

It is also used for staff trainings, day to day meetings, and is designated as the City’s Emergency Operations Center. All of these uses either require or benefit from the AV and media broadcasting system in the Council Chamber; to run and record meetings, present content and broadcast via Spectrum and Uverse cable television, Zoom, and the City’s YouTube channel.

The existing system was designed around analog technology and was installed in 2017.

The equipment and software that supports the current AV has become obsolete, unreliable, and increasingly unsupportable as it has reached the end of its useful life.

Technology has changed since the existing audio-visual system was installed and the AV systems designed today provide higher quality AV output and with the use of fewer components and more applications can record, transfer, and stream live easily and faster.

It is time to update the current system and allow the new technology to simplify the process of broadcasting, live streaming, and recording.

Item 11.1 – CC/LRA – 06/14/2022

BACKGROUND
The AV system in the Council Chambers is 5 years old, however, its current design that was installed in 2017 included mostly refurbished analog equipment. The focus of the design was around providing an analog signal to the Spectrum Cable channel because at the time that is how many residents accessed public meetings; although useful in years past, this design has become obsolete and is experiencing several failures.

In 2021 staff partnered with a new procurement platform by the name of UrbanLeap.

UrbanLeap is a cloud-based platform that offers a streamlined workflow and collaborative environment to develop and publish solicitations. Staff solicited an Invitations to Bid for the upgrade of the system. The invitation focused on finding a vendor that was not only experienced in both analog and HD live streaming but that was located within an 85-mile radius of Riverbank. Because of prior experiences, staff felt it was important to work with a vendor that could help not only via phone but if needed or in an emergency could be onsite on the same day of a service call. Vendors were encouraged to submit a bid that demonstrated expertise and to provide the City with professional-level AV and broadcasting equipment suitable to the needs we have today. We had responses from 4 qualifying vendors, however, due to the spread of COVID and changes in staff and management at the City the selection of a vendor was not made until 2022. After careful consideration staff agreed that the proposed system and service agreement by Visual Sound will provide the best match for what we need at this time. A stable communication platform, that will enhance both the audio and video experience, while expanding the live and prerecorded broadcasting capabilities. Visual Sound is proposing system updates that can improve the experience inside and outside of the Council Chamber and they offer the service of a technician that lives less the 5-miles from City Hall.

STRATEGIC PLAN
Improving the ability to fully participate in and easily access public meetings is an important part of improving and expanding our public outreach and communication.

FINANCIAL IMPACT
The financial impact for the project is a total of $129,660.14 with a breakdown of $102,583.20 for equipment and installation and $15,000 for a two-year Service Support contract. Staff is also requesting a 10% contingency ($12,966) of the total contract for unforeseen conditions or any extra work required; funding for this project will come from both the PEG fees fund and the General fund.

Item 11.1 – CC/LRA – 06/14/2022

ATTACHMENTS

1. Draft City Council Resolution 2022-

2. City of Riverbank Service Contract with Visual Sound

3. Exhibit A- Visual Sound Proposal Number 21-2776

4. Exhibit B- Visual Sound Visual Vantage Service Support Contract ATTACHMENT 1

CC/LRA – 06/14/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA,

TO AWARD AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES CONTRACT WITH VISUAL SOUND FOR THE

AUDIO/ VISUAL MEDIA EQUIPMENT UPGRADE PROJECT FOR THE
COUNCIL CHAMBER; AND AUTHORIZE A 10% CONTINGENCY

OF THE TOTAL CONTRACT FOR UNFORESEEN CONDITIONS

OR EXTRA WORK REQUIRED

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, in 2021 (August 25, 2021) the City partnered with UrbanLeap, a cloudbased procurement platform that facilitated the Invitation to Bid solicitation for the Audio/ Visual Media Equipment Upgrade project for the Riverbank Council Chamber; and WHEREAS, the City received four (4) responses all of which aware and agreed to participate in the UrbanLeap platform; and
WHEREAS, because of the spread of COVID, changes in staff and management a selection wasn’t made until May 2022; and
WHEREAS, staff believes the expertise and service support of Visual Sound will meet the needs of updating the AV media equipment in the Riverbank Council Chamber and thus recommends the awarding of the project bid to Visual Sound; and WHEREAS, the City Manager is authorized to enter into a Professional Service Contract with Visual Sound in the amount of $129,660.14 for said project; and WHEREAS, the financial impact for the project is a total of $129,660.14 with a breakdown of $102,583.20 for equipment and installation and $15,000 for a two-year Service Support contract and for which staff is also requesting a 10% contingency ($12,966) of the total contract for unforeseen conditions or any extra work required.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the following:

1. Award the Bid for the AV media equipment upgrade project to Visual Sound.

2. Authorize the City Manager to enter into a Professional Services Contract with Visual Sound for the amount of $129,660.14.

3. Authorize a 10% contingency of the total contract for unforeseen conditions or any extra work required.

CC/LRA – 06/14/2022
CC Resolution 2022-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of June, 2022; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of _____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachments:

1. Professional Services Contract

2. Exhibit A - Visual Sound Proposal Number 21-2776

3. Exhibit B - Visual Vantage Service Support Contract
ATTACHMENT 2

CITY OF RIVERBANK

SERVICE CONTRACT WITH VISUAL SOUND
THIS AGREEMENT, made and entered into this 14th day of June, 2022, by and between the City of Riverbank, California, and Visual Sound, herein called the "Contractor." That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City of Riverbank, the contractor hereby agrees with the City of Riverbank to commence and complete the work embraced in the Riverbank Council Chambers Audio Visual and Broadcast Equipment Upgrade Project, as specified in the scope of work attached and made a part of this agreement (Exhibit A and B), under the terms as stated therein, and at the contractor's own proper cost and expense to furnish all labor, materials, tools, equipment, superintendence, insurance, guarantees and other accessories and services necessary therefore. Said Scope is made a part hereof and together herewith collectively evidence and constitute the Contract.

The City of Riverbank shall pay or cause to have paid to the Contractor, for the performance of the Contract and a two year Visual Vantage Service Support contract, subject to additions and deductions provided therein the sum of $129,660.14 in lawful money of the United States and shall be paid in payments in accordance with and subject to the provisions embodied in the Documents made a part of this contract. The contract sum as herein stipulated shall include all applicable taxes.

The contractor hereby further agrees to commence work under this Contract and to prosecute the same to completion within the time limits prescribed in the specifications in the Scope of work.

The contractor hereby certifies that he is aware of and will comply with the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance before commencing any of the work.

Pursuant to Section 1770 of the California Labor Code, the Bidder awarded the project shall pay not less than the prevailing rate of per diem wages as determined by the Director of California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the Owner, which copies shall be made available to any interested party on request.

The successful Bidder awarded the project shall post a copy of such determination at each job site.

The provisions of the California Labor Code sections 1777.5 and 1777.6 shall apply to the employment of the apprentices by contractor or any subcontractor.

All provisions of the California Occupational Safety and Health Act of 1973 (CALOSHA), as amended, shall be adhered to by contractor and any subcontractor.

The City of Riverbank hereby agrees with the contractor to employ, and does hereby employ, the contractor for the performance of the contract according to the terms and conditions herein contained and referred to, and further agrees to pay the contractor for the performance of the Contract in accordance with the prices set forth in the contractor's proposal, a copy of which is bound herein, subject to additions and deductions as provided in the Scope and to make payment in a timely manner.

Any worker’s time of service is restricted to 8 hours during any calendar day, and 40 hours during any calendar week, unless overtime compensation is paid at least one and one-half times the basic rate of pay. The contractor must pay a penalty of $25.00 for each day a worker or employee is in violation of these provisions.

Contractor and Subcontractors are required to keep accurate payroll records and submit certified payroll upon the City of Riverbank’s request.

To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend the City and its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorneys fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employees, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including the loss of use, unless caused by the active negligence or willful misconduct of the City of Riverbank.

Contractor's obligation to defend, indemnify and hold the City and its agents, officers and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

Confidential Information. Contractor understands and agrees that, in the performance of Services under this Contract or in the contemplation thereof, the Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

Contactor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives the Contractor written authorization to make any such disclosure, the Contractor shall do so only within the limits and to the extent of that authorization. Such authorization does not guarantee that the City will grant any further disclosure of Confidential Information. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, the Contractor agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.

Termination. City may terminate this Contract prior to the expiration of the Term (“Termination”), without cause or reason, by notifying the service Contractor in writing of City’s desire to terminate this Contract (the “Termination Notice”). Upon receipt of a Termination Notice, the service Contractor shall immediately cease performing the Services. The Contractor will be entitled to compensation, as of the date the service Contractor receives the Termination Notice, only for Services actually performed.

Insurance Requirements

1. Commercial General Liability
a. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office (ISO) form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
b. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
c. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.

2. Business Automobile Liability
a. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.

3. Workers’ Compensation and Employers’ Liability
a. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

4. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

IN WITNESS WHEREOF, the City of Riverbank and the contractor have executed this Contract in three counterparts, each of which shall be deemed an original, on the date first above written.

FOR THE City of Riverbank:

By: _____________________________ Date: _____________________________ Marisela H. Garcia, City Manager

FOR THE CONTRACTOR
By: ______________________________ Date: _____________________________ I hereby certify that I have examined this Contract and find it to be in accordance with the provisions of the California Local City of Riverbank Public Construction Act and the Laws of Cities of the General Law Class and the applicable provisions of the Public Contracts Code.

By________________________________ Date: ______________________ City of Riverbank Attorney
Non-Disclosure Statement This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners. Visual Sound appreciates your professionalism in not disclosing the contents to any individual or organization that is not a direct recipient or authorized viewer of this document.

RFB COUNCIL CHAMBER

AV MEDIA UPGRADE

DOCUMENT DATE
MAY 13, 2022

VISUAL SOUND, INC
5726 CORPORATE AVENUE
CYPRESS, CA 90630
PHONE: 562-735-5100
WWW.VISUALSOUND.COM
Proposal Number 21-2776
PREPARED BY:

JANINE ZAFFINO
SR. PROJECT CONSULTANT
714-269-5719
EMAIL: [email protected]
Celebrating 53 Years in Business

CITY OF RIVERBANK
ATTACHMENT 2
City of Riverbank Proposal No. 21-2776 Page 2 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
City of Riverbank
6707 Third Street
Riverbank, CA 95367
Re: Proposal – Council Chamber – AV Media Upgrade
Visual Sound, Inc is pleased to present this proposal to furnish and install the Audio Video Media Upgrade for the City Council Chamber outlined in the scope of work of this proposal.

Job site is located at City of Riverbank Council Chamber, 6707 Third Street, Riverbank, CA 95367.

For over 54 years, Visual Sound has built its reputation on designing and building custom solutions for our customers.

We are a financially strong, privately owned AV integration corporation with a proven history of success in the industry.

We are known to faithfully fulfill our client’s vision with highly advanced engineered systems that perform reliably and dynamically. We understand that this is a high-profile project requiring a team who can mobilize quickly, has an inventive understanding of complex systems, and can ensure attentive service.

We would appreciate the opportunity to video conference review and or be invited to participate in an interview for this project at which time we can answer any questions, and discuss this proposal, our capabilities and experience further.

If you have any questions, please direct them to me at 714-269-5719 or [email protected].

Warm regards,
Janine Zaffino
Janine Zaffino
Sr. Project Consultant
City of Riverbank Proposal No. 21-2776 Page 3 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
Table of Contents
Cover Page
Cover Letter
Section A. About Visual Sound
Section B. Qualifications
Section C. Statement of Work
Section D. Scope of Work & Equipment List by Room
Section E. Financial Summary
Section F. Project Notes
Section G. Initial System Warranty
Section H. Terms and Conditions
Section I. Acknowledgement and Acceptance
Attachment A – City of Riverbank Visual Vantage Service Plan City of Riverbank Proposal No. 21-2776 Page 4 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION A. | ABOUT VISUAL SOUND
Visual Sound, Inc. is a Privately Held, Woman Owned Business Enterprise in its 54th year of designing, building, and servicing innovative AV solutions. Visual Sound presently has over 110 employees and has offices located in Baltimore, Maryland, Pennsylvania, Northern and Southern California. Our teams are growing! As we continue to organically grow, it is not because corporate forces it, it is based on what makes sense to our business and what is best for meeting our valuable client’s needs. Client’s first!
Visual Sound has built a reputation among many of its Fortune 500 clients for integrated custom technology solutions that facilitate better business results. We offer a variety of technology and managed services options to fit your unique space and functional requirements. We consult, design, pre-build, install, service and support.

We service clients Nationwide by utilizing our in-house team of experts, and our strategic partner alliance. After decades of experience, our ability to grow and adapt to the latest technology and customer needs has made us a leader in the industry. Our flexibility allows us to provide a variety of services to a wide range of industries. From classroom to courtrooms, boardrooms to lecture halls, and corporate complexes to mission critical control spaces, we can create the ideal audio/visual solutions that fit your needs and budget.

Visual Sound’s Divisions Include:

The AV System Solutions Group, which evaluates your space, creates a plan, and then brings the audio and visual components together into one unified system.

The Command and Control Room Group focuses on providing a wide range of comprehensive and collaborative 24/7 control room and mission critical solutions specially designed to fit into each unique workspace and meet each client’s specific requirements.

The Support Services Group, which ensures that your system is working perfectly, responds to technical issues, and provides training and peace of mind.

The Products Group, which supplies components for a diverse group of customers, is one of the largest, most experienced dealers for hundreds of manufacturers. This group can meet all your product needs.

The Rental Services Group, which assists you in meeting any temporary AV needs that may arise. Whether you need a sound system for an event or a projector for an on- or off-site meeting, this group can fill your short-term AV needs.

The Event Production Group, which removes the hassle that comes with producing a large-scale event by providing a range of services including AV rental, presentation, lighting, staging and creative services.

SECTION B. | QUALIFICATIONS SUMMARY
Visual Sound holds a valid State of California C-7 Low Voltage license # 1069531.

Visual Sound has been in business of furnishing and installing commercial AV systems of this scope and magnitude for more than 50 years.

Visual Sound is capable of a bond up to $5M + to assure the Owner’s Project Manager of performance and satisfactory service during the guarantee period.

Visual Sound will use an adequate number of skilled workers who are thoroughly trained and experienced with the specified requirements and the methods needed for proper performance of the AV systems installation work specified in the project manual.

City of Riverbank Proposal No. 21-2776 Page 6 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572

TECHNICAL OPERATIONS RESPONSIBILITIES
Visual Sound maintains a core group of highly qualified and experienced Engineering, Project Management, Service, and Implementation staff in the pursuit of its core business. The technical segment of the core group maintains a highly talented and experienced staff. This seasoned and experienced technical staff culminates decades of real-world experience in the broadcast, video conferencing, audio and presentation system, acoustic and sound masking implementation process.

The installation staff has many years of experience. Each team will follow a project through, from assembling the equipment and building the system in-house to shipping, receiving, and installation of the equipment on site. The installers are provided with on-going training by their management and our engineers. Manufacturer training is also provided where required for set-up and adjustment of equipment in the field. Sub-contractors are utilized primarily for projects requiring union labor.

The technical staff is experienced in various systems including Crestron, AMX, and Extron system design and implementation. Resident software skills are utilized for system de-bugging and field changes made when new systems are commissioned, or equipment is introduced into existing systems.

Visual Sound Project Managers and Engineering Technicians have a minimum of ten years of experience in their respective positions.

Visual Sound maintains fulltime installation staff at all 5 locations in Broomall, PA, Harrisburg, PA., Philadelphia, PA, Baltimore, MD, Cypress, CA. This is supplemented with a well-established union and non-union subcontractor base.

Vehicles and all the associated tools of our trade are maintained by our organization. Installation personnel are provided with on-going training by their management and our engineering staff. Manufacturer training is also provided where required for set-up and adjustment of equipment in the field. Sub-contractors are utilized mainly for projects requiring union labor and to supplement our permanent staff as required for timely systems installation.

Our project teams are experienced and well versed in every aspect of presentation and videoconference system design and integration. From pre-sales activities including customer needs analyses, system design, product/technology selection, proposal presentation/revision, to implementation of the design, refinement of the software and user interface, testing and adjustment, training and documentation, and system maintenance and repair, Visual Sound has successfully performed for our Customers since 1967.

Visual Sound is one of only a few companies nationwide to complete the Audiovisual Provide of Excellence (APEx) certification program from AVIXA (formerly InfoComm). The program is for integration companies and AV design consulting firms dedicated to upholding industry excellence by providing quality service to customers. The AVIXIA APEx program recognizes companies based on the number of employees holding key industry certifications, including AVIXA’s CTS, CTS-I, & CTS-D credentials, completion of continuing education classes, and positive customer survey responses. APEx providers must also prove that they meet or exceed the requirements within 2 ANSI/AVIXA standards, the Standard Guide for Audiovisual Systems Design and Coordination Processes and the AV System Performance Verification Standard, to foster better communication between the AV provider and the client.

City of Riverbank Proposal No. 21-2776 Page 7 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572

SYSTEM INTEGRATION METHODOLOGY
Through our long history, Visual Sound has developed a methodology for completing projects efficiently and successfully. When it absolutely must be right, we will make sure it is. To achieve this, every client project is serviced by a committed Visual Sound team who deploys standardized, consolidated work processes and uses our in-house fabrication and testing facilities to ensure clients always benefit from maximized up-time, not downtime. We provide an End-to-End total service offering.

Visual Sound has established relationships with union contractors to accomplish the installation services required and is accustomed to working with on-site contractors to facilitate the successful integration of our work with their work.

In the case of Millwork for example, we can provide equipment specifications/dimensions or the appropriate templates for cutting in equipment such as touch panels, monitors, input plates and plasma displays. Visual Sound has been contracted to provide on-site supervision and assistance to electrical contractors to terminate racks of equipment preinstalled and provided by Visual Sound.

Visual Sound is not a union shop; however, we have close relationships with audiovisual installation sub-contractors that are union shops, employing union members.

PROFESSIONAL SERVICES
Project Management & Engineering – How These Roles Align:

Visual Sound Project Managers and Engineering Technicians have a minimum of five years of experience in their respective positions. A Project Manager will be assigned to coordinate and manage the various Visual Sound and other required resources needed to deliver the project as ordered.

The project scope and Visual Sound/Customer responsibilities will be reviewed and confirmed. A project schedule will be developed by mutual agreement to specific milestones. The Project Manager will be available for a customer site visit and to coordinate facility issues with the customer’s architects when these requirements are clearly identified in the proposal.

The Project Manager will monitor the progress of the project and initiate any corrective actions required. The Project Manager will be responsible for identifying changes in the project’s scope as well as providing and obtaining approval for all resulting price changes. Coordination of in-house acceptance, system shipment, site readiness, on-site activities, and development of a mutually agreed upon punch list will also occur during this phase.

The Project Manager will coordinate resolution of all Visual Sound punch list items, additional training (if purchased), final billing issues, and initiation of the service contract and delivery of as-built drawings.

The Engineering Technician is trained in all the product lines as an engineer. The Engineering Technician is responsible for the technical testing and setup of the system.

City of Riverbank Proposal No. 21-2776 Page 8 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION C.| STATEMENT OF WORK
Visual Sound will procure, deliver, and install the AV Media System and related equipment. The AV System will be deployed and installed at City of Riverbank Council Chamber, 6707 Third Street, Riverbank, CA 95367.

Through our long history, Visual Sound has developed a methodology for completing projects efficiently and successfully. The following Statement of Work defines our process and highlights our scope assumptions.

When it absolutely has to be right, we will make sure it is. To achieve this, every client project is serviced by a committed Visual Sound team who deploys standardized, consolidated work processes and uses our in-house fabrication and testing facilities to ensure clients always benefit from maximized up-time, not downtime. We provide an End-to-End total service offering.

The following Professional Services are included in this proposal.

SYSTEM INTEGRATION SERVICES
Project Management
Developing clear lines of communication is the first step in setting up a successful project. At the beginning of the project, Visual Sound appoints a Project Manager who will be your main point of contact and the responsible individual for the Visual Sound scope of work.

The Project Manager interfaces with the Client’s representative and other vendors involved in the project as necessary to insure a smooth and timely flow of information.

The Project Manager also coordinates with the Visual Sound Engineers and Technicians assigned to the project while managing the schedule, scope, and invoicing for the project. • Meetings with clients technical and contract representatives, status reports, and resolution of questions or issues outstanding.
• Develop project schedule and oversight of Visual Sound team. • Stage equipment and materials at our shop, create as built drawings. • Submit owner manual binders of all equipment documentation. • Supervise end user training on systems operation.
• Facilitate competition of final punch list items.

System Engineering
The Visual Sound Project Engineer works with the Visual Sound technical team to generate the drawings, diagrams, and facility impact reports necessary for the project. The engineering team also tests and commissions the various systems provided by Visual Sound.
• Complete submittal packages including architectural and audio/video and control drawings. • All drawings are produced in Auto CAD.
• Weekly team meetings with all participants to review project timeline and engineering drawings. • Final testing and commissioning of system: balancing audio, equalizing sound, perform mechanical and electronic procedures delivery of equipment.

City of Riverbank Proposal No. 21-2776 Page 9 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
Control Programming
Prior to installation start date, a pre-programming meeting with client and VSI will be scheduled to define the functional requirements and associative workflows.
• Clarify functional requirements with client.
• Develop and receive client approval of layout using the high-resolution logo from client. • Program software to specific approved design for human interface control of the audiovisual systems. • Submit sample and receive approval from client for final user interface. • Base touch panel from drawings.
• Base program from functional list.
• Loading and testing of all control functions.

Installation
Visual Sound will supply the labor, special tools and equipment needed to affect a timely installation of the system(s) according to established procedures and practices and in good and workmanlike manner to meet the schedule defined herein.

Visual Sound will supply the products and equipment per the equipment list needed to make the proposed systems complete and operational. This includes both “off the shelf” and custom-built items.

Installations are overseen by a Site Supervisor, who ensures tasks are assigned appropriately, and standards are adhered to. The Site Supervisor conducts reviews of all work performed to ensure quality of workmanship is met. The installation team conducts tests dependent on the type of equipment being installed, to ensure 100% functionality.

Commissioning, System Set-up, Testing
A function of the Engineering department, our Commissioning Engineers are responsible for bringing the system up once it is installed. After installation and termination of all cables is complete, the Visual Sound Engineering Team will test and commission the installed system according to the following proven standards:
• The presence of all equipment purchased as part of this proposal will be verified. • Signal flow will be checked throughout.
• Image and audio quality will be checked.
• Alignment of images will be performed as required by the program. • Control of all items will be confirmed.
• Functional operation will be tested and confirmed.

Post Installation Services
• Documenting and labeling of all cables.
• Copy of all newly installed equipment that includes.
o equipment manuals, spec sheets, serial #’s, IP/Mac addresses, as-built room AV system drawings. • Provide user training and orientation sessions.

City of Riverbank Proposal No. 21-2776 Page 10 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
• Provide service and warranty coverage contact info.

System Acceptance
Upon completion of Systems Set-up and Testing, Visual Sound will demonstrate to the Client’s Representative that the System performs as specified. If the performance is satisfactory, the Client will sign Visual Sound’s System Acceptance Form. In the event of agreed non-performance, Visual Sound will rectify the fault(s) and re-demonstrate the system until the system performs as specified.

Completion
Substantial Completion is achieved at the point when the system is operational and ready for use or is put into use on a daily basis, at the Client’s instruction. This is also considered the start of the standard workmanship warranty period. Actual Completion is achieved at the point when the system has been accepted by the Client’s Representative and the training and documentation is complete and delivered to the Client.

Training
Visual Sound has included 2 hours of training consecutively on the same day for the owner’s technical representatives on site. The owner’s technical representatives should be familiar with audio visual technology and if problems arise, these technical representatives will be the first line of defense. The technical representatives will also interface with the Visual Sound service and support team, so it is important that all of owner’s technical representatives be trained on the system operation, preventative maintenance, and troubleshooting. In summary, each technical representative will be trained on the following:
• Equipment Handling and Installation, System Connectivity, System Operation, System Adjustment, Preventative Maintenance, Parts Change-out, Troubleshooting.
• Shipping - Ground or freight shipping of equipment to site has been included in this proposal, according to Visual Sound’s Standard Terms and Conditions. If equipment needs to be expedited to site for reasons outside of Visual Sound’s control or sent to other locations, such as to a content producer, additional fees will apply.

City of Riverbank Proposal No. 21-2776 Page 11 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION D.| SCOPE OF WORK
Provide Equipment and Installation for the upgrade of the Council Chambers Audio Video and production system. The current state of the AV system is out of date and become hard to operate and service. Visual sound will provide new Integrated Audio and Video Production Equipment to bring a modern functionality and performance to the service provided to the public.

The System will provide new Video production connectivity to the existing broadcasted services to the local city’s government Television cable channels and to the Streaming services of YouTube and Zoom conferencing.

The Local and Production Audio system will be upgrade to modern capabilities to facilitate the features providing connectivity to local audio system, the existing broadcasted services to the local city’s government television cable channels and to the Streaming services of YouTube and Zoom conferencing.

Bill of Materials Equipment Line-Item Description:

1.01) Video Production Camera’s, Provide and Install three (3) Minrray HD PTZ robotic Model UVS510-12 The new cameras will replace the two (2) Analog Standard definition low cameras. The cameras will be relocated to provide improved production value of video coverage. The cameras will be remote controlled by line item

1.02 1.02) Video Production Camera’s Remote Controller, Provide and Install one (1) Minrray HD PTZ robotic Keyboard KBD2000. The new unit will replace the standard definition low cameras existing controller. The new device will; provide for advanced control of the new High-Definition Production cameras

1.03) Provide and install as required Cabling, Connectors, Patch cables, and Miscellaneous Hardware to properly install the materials and devices listed in this statement of work and Bill of materials.

1.04) Video Production HD Video Distribution, Provide and Install two (2) Crestron HD-DA4-4KZ-E one in four out HD Video distribution amplifier. These units will provide multiple video signal to the Production output destinations and local Displays.

1.05) Video Production HD Video switcher, Provide and Install one (1) BMD ATEM Mini Extreme ISO. This device will provide for the switching o cameras and other video presentation sources to the Production Stream. This unit has many special production features to create a high production value. This device will also provide for the Digital recording of individual video and audio sources this will allow for a producible archive of all events.

1.06) Electrical plug strips rack mountable, Provide and Install two (2) Surge-X SX-1115-RT. These devices will provide a better electrical connectivity of rack mounted equipment and an electrical surge stabilization for electrical devices.

Council Chamber
City of Riverbank Proposal No. 21-2776 Page 12 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572

1.07) Large Format Hard-drive Storage, Provide and Install one (1) G-Force Phantom 12 or equal at time of ordering. This device will be used to archive the Audio and Video events of the council chambers.

1.08) “Audience Area” Overhead Ceiling Speakers, Provide and Install four (4) QSC 8” recessed ceiling Loudspeakers. These units will replace the existing poor-quality loudspeakers currently in the council chamber. The new units will provide for a improved coverage in the council chamber.

1.09) Audience area Audio Amplifier, Provide and Install one (1) Atlas DPA-404 Audio Amplifier. This unit will only be assigned for the audience seating or overflow area.

1.10) Unified Conferencing Video and Audio System. Provie and install the devices listed to provide a Video presentation and Conferencing system. The equipment will provide for the distribution of local presentations, video production to Broadcast sources and Streaming destinations.

Provide and install one (1) Biamp Tesira Forte AVB. Audio System Expander Provide and install one (1) Extron Media Port 200 Streaming Video Interface Provide and install one (1) Biamp Tesira TC-5D connect AVB Network Switch Provide and install four (4) Dais Area” QSC 8” recessed ceiling Loudspeakers Provide and Install one (1) Dais Area” Atlas DPA-404 4 Channel Audio amp.

Provide and install one (1) Crestron DMPS-3-4K-350 Digital Video Switcher Provide and install two (2) Crestron DM-RMC-200 Digital Video endpoints.

Provide and install two (2) Crestron DM-TX-200 Digital Video Transmitters Provide and install one (1) Crestron TS-1070 Control touch panel

1.11) Included in line item 1.03

1.12) Digital Wireless Microphone systems, Provide and Install three (3) Shure SLXD24/B58-G58. These units will provide for a modern Wireless handheld microphones using the newer required frequency reallocations. The units will be programed for providing audio to the local and streaming destinations.

1.13) Digital Audio Processor, Provide and Install one (1) Biamp Tesira Forte AVB. This unit will provide for the upgrade Dais Microphone and wireless system. This unit is primarily for the council chamber speech reinforcement. The unit will be part of the Unified Conferencing System.

1.14) Additional Wireless System rechargeable batteries, Provide and install six (6) Shure SB903 wireless batteries.

1.15) Wireless system Charging Docking station, Provide and install two (2) Shure SBC203-US wireless microphone charging station.

1.16) Wireless microphone Antenna system, Provide and install one (1) Shure UA844+SWB antenna & power station. This unit will provide a unified Radio frequency stability for the wireless receivers, it is expandable to a total of five wireless systems.

1.17) Digital Compact Audio Recorder, provide and install one (1) Denon DN-900R digital audio recorder. This unit provide for a second path to record audio. The device uses inexpensive SDHC memory cards. The audio recording can be distributed after any event by distributing the memory card or copied to archive system.

City of Riverbank Proposal No. 21-2776 Page 13 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
Line Manufacturer Qty Model Number Description
1 1 CIty of Riverbank Council Chamber Upgrades

1.01 Minrray 3 UV510A-12-HD-IR PTZ HDBaseT Camera 12x

1.02 Minrray 1 KBD2000 IP and Serial PTZ Camera Joystick Controller

1.03 VSI 1 Custom Cables, Adapter, Connectors

1.04 Crestron 2 HD-DA4-4KZ-E
1:4 HDMI® Distribution Amplifier w/4K60 4:4:4 &
HDR Support

1.05 BMD 1 ATEM Mini Extreme ISO ATEM Mini Extreme ISO

1.06 Liberty AV 2 SX-1115-RT SURGE ELIMINATOR 1RU 15A 9PORT

1.07 G-Force 1 Phantom 12
Fantom 12TB G-Force Quad Pro 7200 rpm External
Hard Drive (USB 3.0/eSATA/FireWire 400/800) Spec
by City will not work with BMD Atem

1.08 QSC 4 AC-C8T
"Audience area" 8" Two-way ceiling speaker,
70/100V transformer with 8Ω bypass, 90° conical
coverage, includes C-ring and rails for blind mount
installation. Priced individually, sold only in pairs.

1.09 AtlasIED 1 DPA404
"Audience area"400-Watt Networkable 4-Channel
Power Amplifier with Optional Dante™ Network
Audio+ DANTE Module DPA-DAC4 Four-Channel
Dante

1.10 BIAMP 1 Tesira Forte AVB Biamp and Extron Unified Conferencing System (** See Notes/Comments**)

1.10 Extron 1 Media Port 200 Audio and Video Encoder

1.10 BIAMP 1 Tesira Connect TC-5D AVB- to Dante Network Switch converter

1.10 QSC 4 AC-C8T
"Dais Area" 8" Two-way ceiling speaker, 70/100V
transformer with 8Ω bypass, 90° conical coverage,
includes C-ring and rails for blind mount
installation. Priced individually, sold only in pairs.

1.10 AtlasIED 1 Atlas Amp 4 ch w/dante "Dais Area" Four Channel Audio amplifier with Dante interface option

1.10 Crestron 1 DMPS3-4K-350 3-Series® 4K DigitalMedia™ Presentation System

1.10 Crestron 2 DM-RMC-4KZ-100-C
DigitalMedia 8G+® 4K60 4:4:4 HDR Receiver
& Room Controller 100

1.10 Crestron 2 DM-TX-200-C-2G-B-T
Wall Plate DigitalMedia 8G+® Transmitter 200,
Black Textured

1.10 Crestron 1 TS-1070-B-S 10.1 in. Tabletop Touch Screen, Black Smooth

1.11 VSI 1 Custom Cabling ,Connector,Misc Hardware to provide a functiong AV System

1.12 Shure 3 SLXD24/B58-G58 Wireless Vocal System with BETA 58

1.13 BIAMP 1 TesiraFORTÉ AVB AI
Fixed I/O DSP with 12 analog inputs, 8 analog
outputs, 8 channels configurable USB audio, and
128 x 128 channels of AVB

1.14 Shure 6 SB903 Lithium-Ion Battery for SLX-D

1.15 Shure 2 SBC203-US Dual Docking Station for SLX-D transmitters and SB903 battery

1.16 Shure 1 UA844+SWB
Five-way active antenna splitter and power
distribution system for QLX-D®, ULX®, ULX-D®,
SLX®, and BLX® (BLX4R only) receivers. (470-952
MHz) Plus Antennas & Cable to connect

1.17 Denon 1 DN-900R Dante Media Player/Recorder W/Dante City of Riverbank Proposal No. 21-2776 Page 14 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION E. | FINANCIAL SUMMARY
The firm-fixed method of compensation for Visual Sound’s products and services shall be used and any applicable additional costs or services shall not be exceeded without prior written authorization from the client. Visual Sound provides the solution outlined herein for $107,160.14 USD with initial system 90 day warranty, plus optional Enhanced Service Plan in Cost Summary. Additional warranty options and applicable prices are outlined below.

Standard Visual Sound payment Terms are 50% deposit upon purchase order., Summary of Services provided in the above cost include the following:
• Procurement
• Project Management and Scheduling
• Drafting Services
• Engineering Services
• Installation Services
• Onsite Commissioning Services
• Project Materials and Supplies
• Deliverable Documents
• Freight & Handling
• Training 2 hours
• Travel and travel related expenses
Summary of On Site Warranty – ENHANCED PLAN (See attachment A for more details) • ENHANCED priority service status with service support desk response, via email or phone call. • 8 AM – 5 PM PST Monday through Friday Service Help Desk call support. • One (1) scheduled preventative maintenance visit annually. • Unlimited on-site service visits annually during Visual Sound normal business hours. • 24-hour Monday through Friday response time to all on-site service visits. The on-site response time is within one business day after phone notification and diagnosis with Customer personnel before 2 PM PST. Holidays and weekends are not included in the 24-hour response time.
• Same day emergency dispatch is not provided as part of this Agreement. However, Visual Sound will make every attempt to respond to emergency outages if the problem is reported before 12 PM PST and a technician is available. • Product RMA assistance.

City of Riverbank Proposal No. 21-2776 Page 15 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
Cost Proposal TOTALS
Riverbank Council Chambers
Audio Visual and Broadcast Equipment Upgrade
Boardroom Audio Visual Systems
Version 1.2 - 05/13/2022
Equipment Room Location Description QTY Unit Price Extended Price Riverbank Council Chambers Council Chamber AV and Broadcasting Equipment 1 $ 49,623.00 $ 49,623.00 Misc Materials Miscellaneous Installation Materials for Both Rooms 1 $ 4,218.00 $ 4,218.00 Total Equipment Cost $ 53,841.00
Fabrication 0 $ 100.00 $ -
Engineering 40 $ 146.68 $ 5,867.20
Programming 40 $ 140.00 $ 5,600.00
Installation 160 $ 120.00 $ 19,200.00
Commissioning 40 $ 120.00 $ 4,800.00
Project Management 40 $ 120.00 $ 4,800.00
General and Administrative 1 $ 1,412.00 $ 1,412.00
Freight 1 $ 1,310.00 $ 1,637.00
Direct Travel Costs 1 $ 5,426.00 $ 5,426.00
Non Equipment Cost Total $ 48,742.20
System Total Price $ 102,583.20
Initial Standard Warranty - (90 Days) 1 $ - $ 102,583.20 Sales Tax 8.25% 1 $ 55,478.00 $ 4,576.94
AV System Total $ 107,160.14
Optional 1 Year On Site Service Plan - Total System Cost 1 $ 7,500.00 $ 114,660.14 Optional 2 Year On Site Service Plan - Total System Cost 1 $ 15,000.00 $ 129,660.14 City of Riverbank Proposal No. 21-2776 Page 16 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION F. | PROJECT NOTES
Owner Furnished Equipment (OFE):
• Owner furnished equipment or equipment by others that is integrated into the systems (as described above) is assumed to be current industry acceptable equipment in good working order. If it is determined that this equipment is faulty upon installation or adversely affects the system, additional project charges may be incurred. • Visual Sound does not warrant either directly or indirectly the functionality or serviceability of any equipment not sold directly through Visual Sound. Any estimates made that reference OFE are made with the client’s assurance that the equipment is functional and meets the standards as required by the entire system that is being implemented.
• The client further warrants that any OFE will be available at the time of the implementation and understands that any delays in the availability of said equipment may result in significant delays in project completion and/or additional billable costs due to trip charges, schedule changes or any other costs incurred by Visual Sound resulting from the equipment not being available at the time of implementation. • Except as directly stated within the Scope of Work, Visual Sound will not perform any work in the setup, maintenance or integration of OFE. Visual Sound is not responsible for issues arising from the integration of Visual Sound provided equipment with information systems such as security, software integration, data access or any other issue involving such integration unless specifically listed in the Scope of Work. • Any OFE AV equipment not used for the project that is uninstalled will be returned to the owner for disposal.

Job Site General Rules:

Visual Sound is committed to quality control of the system as specified in the contract. To keep your project on time and within budget, the client is restricted from approaching the on-site installation team with modification of scope or schedule requests. VSI on-site team is required to adhere to the scope of the contract and VSI quality control process prevents scope creep. Therefore, the on-site team does not have the authorization to modify the system specification or Scope of Work (SOW).

Any request regarding changes in scope or schedule must be discussed with project manager and approved by the project manager. Changes to the contracted SOW may require change orders developed and submitted by VSI sales and project management and requires client's signed approval.

Client is responsible for:
• Designating a key customer representative to act as a point of contact. This individual will coordinate the activities of internal customer departments and services required for successful completion of the project. • All permits and passes required for Visual Sound personnel. • Temporary storage area for AV equipment and installation material (equipment, cables, connectors, etc.). • A designated trash area(s) for all packing material.
• Providing customer-furnished equipment as per Visual Sound requirements for its integration. • Customer to provide any required power.

City of Riverbank Proposal No. 21-2776 Page 17 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
• Providing Visual Sound IP addresses for all devices we will be controlling. • During onsite integration, the client will have a member of their IT department available. • The client warrants that any items listed in the Scope of Work that are to be provided by the owner / client prior to the start of the project will be complete. Items such as electrical outlets, phone lines, data lines, building structure or any other items to be provided by the client are to be in place prior to work beginning on the project. Delays in the completion of these items may result in significant delays in project completion and/or additional billable costs due to trip charges, schedule changes or any other costs incurred by Visual Sound resulting from the equipment not being available at the time of implementation.

Assumptions and Clarifications:
• Work does not begin until deposit is paid in full or agreed upon alternative financial terms are in place. • This proposal assumes the use of non-union labor on site. • This proposal is prevailing wage labor on site.
• Visual Sound standard working hours shift starts M-F anytime between 8:00am and 5:00pm for 9 hours shift with a 1-hour lunch. Any start time or over time outside this window is subject to an hourly labor rate increase. • The installation schedule is based upon uninterrupted and consecutive daily installation during normal business hours.
• Visual Sound will assign a Project Manager as a single point of contact during the life of this project. • Any delay or interruption in providing access to Visual Sound personnel to the AV installation areas may impact the scheduled completion date and/or incur additional charges. • All shipping via ground unless otherwise specified in writing by the Customer. • Demolition and removal of facility infrastructure by others. • Drawings provided and are subject to change, but the room will be the size and dimensions required for displays and viewing angles.
• All AV systems circuits require independent neutral, ground, and isolated ground conductors of equal current carrying capacity per circuit, unless otherwise noted.
• Areas will require that all free-standing equipment racks will allow the 36” of unobstructed access from the front and rear of the racks.
• Any carpet and/or drywall work/repair/removal will be by others. • Should additional work be required that by its nature could not have been known or determined at the time this SOW was created, a written change order describing the additional work and any related expenses will be required.

Exclusions:

The following work is not included in our Scope of Work. • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. Any related electrical work, including but not limited to 110/220VAC, conduit, core drilling, raceway, and boxes. • Network connectivity, routing, switching and port configuration necessary to support audio-visual equipment. • Concrete saw cutting and/or core drilling.
• Fire wall, ceiling, roof and floor penetration, patching, removal, or fire stopping.

City of Riverbank Proposal No. 21-2776 Page 18 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
• Necessary gypsum board replacement and/or repair.
• Necessary T-bar modifications, replacements and/or repair. • Any and all millwork (moldings, trim, cut outs, etc..). All millwork or modifications to project millwork to accommodate the AV equipment is to be provided by others unless otherwise noted in this proposal. • Painting, patching, or finishing of architectural surfaces unless otherwise noted in this proposal. • Building permits (unless specifically provided for and identified with in the contract). • HVAC and plumbing relocation
• Rough-in, bracing, framing, or finish trim carpentry for installation. • Cutting, structural welding, or reinforcement of structural steel members required for support of assemblies, if required.
• Permits or bonds related to the project.

City of Riverbank Proposal No. 21-2776 Page 19 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION G. | WARRANTY

INITIAL STANDARD SYSTEM WARRANTY
INCLUDED: Visual Sound warrants all provided equipment, to be free from all defects in material and workmanship under controlled, clean conditions of use and service, for a period of 90 days after delivery. • Source components from suppliers to Visual Sound are subject to the OEM warranties and corrective actions as provided to Visual Sound. Components, which by normal industry practices have a shorter or no warranty period, will take precedence over the stated warranty.
• All components subject to warranty conditions will be return to bench (RTB). Purchaser is responsible to obtain a Return Merchandise Authorization (RMA) number from Visual Sound and prepay all return shipment to designated repair facility. Visual Sound reserves the right to determine the best method to fulfilling the warranty requirement of a claim with regards to Visual Sound proprietary components/systems. • Warranty service will primarily consist of telephone and email support. • Purchasers purchasing the Visual Sound Enhanced Service Plan (if applicable) will be given preferential priority in telephone and e‐mail response.
• Enhanced service plan requests (if required) will generally be conducted within 48 hours and allowing for travel, but are not a standard warranty service, rather a purchased service. • Outside the initial warranty period, the purchaser is responsible for time, materials, travel and per diem except as covered in the Comprehensive Service Agreement (if any). • Inclusive of the Warranty Period, individual or discrete equipment and materials purchased under this Agreement shall be covered under the manufacturer's standard warranty and take precedence to any Visual Sound warranty. • Visual Sound hereby assigns all such warranties to Purchaser, and warrants it has the authority to assign such Warranties.
• Visual Sound's warranty excludes fixes for damages or defect caused by abuse, external causes outside the control of Visual Sound including but not limited to man‐made, natural or force majeure, modifications not executed by Visual Sound, improper or insufficient maintenance, improper operation, or normal wear and tear. • The customer may be required to do basic troubleshooting steps on the phone with a Visual Sound Technician to determine if the issue can be corrected on the phone or if it is confirmed failure which requires Visual Sound to dispatch a Technician to resolve the issue.
• If it is deemed that a product is indeed defective Visual Sound will dispatch a technician to the installation site to correct the issue within 48 business hours from the time the product was deemed defective. (If a replacement product is needed, that requires a lead time, will be ordered, and shipped quickest way possible, which may delay the dispatch of the technician.)
• All work will occur during normal business hours of Monday-Friday 8:00am - 5:00pm with the exception of observed holidays.
• A full explanation of this service is available upon request.

This warranty shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Agreement.

Attachment A – City of Riverbank Visual Vantage Service Plan City of Riverbank Proposal No. 21-2776 Page 20 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION H. | TERMS AND CONDITIONS

1. PRICING: Due to a global shortage of products and vessel delivery delays, our Manufacturer’s and Vendor’s have increased pricing and extended their lead times. Sound reserves the right to amend its proposal price to reflect any increased equipment or freight prices or changes. Visual Sound will notify you of these changes prior to processing your order.

2. Visual Sound’s standard milestone-based payment terms are listed below:

1. 50% deposit due with signed contract

2. 40% due upon submittal approval

3. 10% due at final system acceptance

3. This Proposal and Statement of Work shall be accepted upon Buyer’s delivery of a Purchase Order and/or a signed, unrevised Statement of Work. Terms and conditions of sale as described in this proposal supersede all prior quotations, purchase orders and other prior communications between Buyer and Seller. Any change order to the proposal shall not be effective unless signed by both Buyer and Seller.

4. In the event of a conflict or variance between the terms and conditions herein and Buyer’s Purchase Order, the terms and conditions herein shall prevail.

5. CANCELLATION: Customer is subject to cancellation fees once this proposal has been fully executed and/or Visual Sound is in receipt of a Purchase Order. Please notify Visual Sound immediately if cancellation and or returns are necessary. Product order that is cancelled is subject to a minimum 15% restocking fee. Should the manufacturer charge more or not accept the product for return, then the customer will be charged additionally or in full. If a cancellation of a System installation occurs, then any labor and materials charges that have been incurred, will be invoiced to the customer. Design and consulting fees will be charged to the customer.

Postponement of jobs by the customer is subject to storage and finance charges, should the materials have been ordered. General and Administrative fees may be charged to the customer as well.

6. COLLECTIONS: Client agrees to pay any and all attorney’s fees, collection fees, and expenses incurred to collect unpaid balances.

7. ESTIMATED DELIVERY: 8-16 weeks’ lead time is expected from receipt of PO to delivery of equipment. Delivery dates are dynamic, may be extended, and are based on manufacturer supply chain availability. Visual Sound’s Project Manager coordinates estimated project timelines and updates as necessary.

8. FREIGHT: Visual Sound will prepay all freight charges and then add that total to the final invoice.

9. TAXES: Payment of all required taxes remains the responsibility of the Customer. Visual Sound is authorized and obligated to collect sales tax and shall do so unless the Customer furnishes a valid tax exemption certificate or notifies us of their intention to direct pay.

10. TITLE: Title to the goods shall pass to Buyer only when Buyer has made full payment. Until title passes on receipt by Seller of full payment, Buyer shall have the right of repossession in the event of Buyer’s default of its payment obligations under this Proposal or should Buyer become insolvent or file for bankruptcy. Buyer or his agent shall have the right to enter onto Seller’s premises to repossess the goods. Buyer shall mark or otherwise segregate the goods from other goods. While Buyer has custody of the goods, Buyer shall be responsible for risk of loss and casualty insurance for the replacement value of the goods.

11. STANDARD WARRANTY: Visual Sound warrants workmanship including cabling and connectors for a period of 90 days. The individual components of the system are covered by their respective manufacturer’s warranty and are not covered under this warranty. Optional Service Plans are available at an additional charge.

12. DISPUTES: Any and all disputes arising out of this transaction shall be governed by the laws of Pennsylvania irrespective of the location of the services to be provided or goods delivered. All questions regarding the validity or interpretation of these sales documents and any dispute, controversy or claim of any nature arising from this transaction shall be subject to the exclusive jurisdiction of the Courts of Common Pleas of Delaware County, Pennsylvania and the parties consent to the jurisdiction of that court.

California
--------------
City of Riverbank Proposal No. 21-2776 Page 21 of 21

HEADQUARTERS
485 Park Way
Broomall, PA 19008
Phone 1-800-523-7525

CALIFORNIA REGIONAL OFFICE
5726 Corporate Avenue
Cypress, CA 90630
Phone 1-562-735-5100

BALTIMORE REGIONAL OFFICE
1642 Sulphur Spring Road
Baltimore, MD 21227
Phone 1-800-638-0410

HARRISBURG REGIONAL OFFICE
4700 Westport Drive, Suite 1500
Mechanicsburg, PA 17055
Phone 1-800-439-4572
SECTION I. | ACKNOWLEDGEMENT AND ACCEPTANCE
On behalf of the entire Visual Sound Team, we are honored to be considered for this project. We believe that with our years of experience and professional team, Visual Sound is the right partner for you and your company. We welcome the opportunity to present our ideas and approach to you and your team in person and answer any questions you may have. We look forward to hearing from you.

AGREED AND ACCEPTED
PROPOSAL TOTAL: $107,160.14
OFFERED BY:

JANINE ZAFFINO
SR. PROJECT CONSULTANT
FOR AND ON BEHALF OF VISUAL SOUND, INC.

City of Riverbank Visual Sound, Inc
Janine Zaffino
Printed Name Printed Name
Customer Signature Authorized Signature
Sr. Project Sales Consultant
Title Title
May 13, 2022
Acceptance Date Date
Visual Sound, Inc.
5726 Corporate Ave, Cypress, CA 90630
www.visualsound.com
Contract Number TBD
Document Date
Contract Term
04/22/2022
2 Year
Presented By Janine Zaffino
Sales - Corporate
Mobile: 714-699-3964
[email protected]
Visual Vantage
Service Support Contract
City of Riverbank
AV Media Upgrade
City of Riverbank – Enhanced Support Program Contract # - Two Year Page 2 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

ENHANCED
PLAN

ENHANCED IS THE KEY TO MAXIMUM UPTIME & PRODUCTIVITY
Our Service professionals at Visual Sound understand how important technology is to your day-to-day operations. System uptime is the key to your company’s success and profitability. Dealing with daily system functionally issues limit your team’s productivity and takes valuable time away from their core focus.

At Visual Sound, we are committed to providing a stress-free service experience for our customers. Offering the right service and maintenance plans, along with skilled technicians to resolve issues correctly the first time, gives our customers the peace of mind to know their system will be fully functional for their mission critical business. Our dedicated service solutions staff offers 24/7 tech support and troubleshooting, allowing us to resolve a high percentage of issues without having to schedule a site visit. Protect your mission critical investment with a Visual Vantage ENHANCED service contract.

Karen Bogosian, CEO of Visual Sound is committed to customer satisfaction by providing a seamless transition from project completion to service handoff. Bogosian states:
“Visual Sound understands customer satisfaction is the key to building lifelong customer relationships. Our mission is to continually refine and evolve our customer satisfaction criteria to meet the ever-changing needs of our customers and create an exceptional
customer service experience.”
City of Riverbank – Enhanced Support Program Contract # - Two Year Page 3 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

CLIENT SUPPORT COVERAGE & SERVICES
Summary of Contract Services – ENHANCED PLAN
1) ENHANCED priority service status with service support desk response, via email or phone call.
2) 8 AM – 5 PM EST/PST Monday through Friday Service Help Desk call support.
3) Six (6) scheduled preventative maintenance visit annually. 4) Unlimited on-site service visits annually during Visual Sound normal business hours.
5) 2-hour Monday through Friday response time to all on-site service visits. The on-site response time is within 2 hours after phone notification and diagnosis with Customer personnel before 2 PM EST/PST. Holidays and weekends are not included in the 2-hour response time.
6) Product RMA assistance.

City of Riverbank – Enhanced Support Program Contract # - Two Year Page 4 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

Requesting Service Support –
1) Service request may be made by phone (610) 690-1327 or (800) 862- 6800. Or email us at ([email protected]).
2) Client must engage in initial troubleshooting over the phone to see if issue can be resolved by phone first. If issue cannot be resolved over the phone, an on-site visit will be scheduled.
3) Required on-site visits will be provided at the agreed upon response time after the initial request by client. Visual Sound will use its best efforts to respond as quickly as possible to all on-site visit requests. 4) Client must give Visual Sound access to all service covered areas at the agreed upon service visit time for a minimum of four (4) hours for the technician to correct and troubleshoot on site. Failure to give complete access will result in a used on-site visit call and the next call must be rescheduled with a new 2 -hour response time.

City of Riverbank – Enhanced Support Program Contract # - Two Year Page 5 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

Unlimited On-Site Service Calls Annually –
1) This Agreement includes Unlimited on-site service calls with a guaranteed on-site response time of two (2) hours for all covered rooms and equipment; see Covered Equipment List for a list of covered rooms and equipment. On-Site Service is defined as any failure rendering the complete system or critical component of the system inoperable.
2) The Client shall call or email Visual Sound’s Service Center and provide Visual Sound with the following information: Client name, Client POC info, Equipment Site address, Visual Sound Agreement number (if available) and a description of the problem. 3) The Service Center will take that information and work to schedule a local Service Technician to come to the site to address the issue within two (2) hours of the received request or at a time mutually agreed to by all parties after that time period.
4) If it is determined that a service request needs to occur outside of standard business hours (8 AM – 5 PM EST/PST, Monday through Friday),), overtime rates as listed on the Visual Sound Rate Card will apply for such work. Upon written approval of that service proposal, the off hours service call would be executed. At the conclusion of that service call, the client would receive a separate invoice for such work. 5) Customer must provide lifts and ladders if required to perform On-Site Service.

City of Riverbank – Enhanced Support Program Contract # - Two Year Page 6 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

Annual Preventative Maintenance Visits –
1) This Agreement includes six (6) Preventative Maintenance visit annually.
2) All Preventative Maintenance visits must be scheduled with the Visual Sound Service Center at least 14 days in advance.
3) All Preventative Maintenance visits will be performed 8 AM – 5 PM EST/PST, Monday through Friday unless otherwise negotiated at time of contract execution.
4) Customer must provide scaffolding, lifts and ladders if required to perform Preventative Maintenance.

City of Riverbank – Enhanced Support Program Contract # - Two Year Page 7 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

Service Contract Terms, Conditions and Exclusions –
1) Any actual, consequential, or incidental damages incurred or suffered by the Client, directly or indirectly, or for economic loss, including, but not limited to inconvenience, lack of access to facilities because of government or business lockdowns, common carrier delay or material damage, loss of profits, loss of ticket sales, loss of business revenue, loss of time, loss of equipment use, or any other economic loss. 2) Any Customer furnished equipment (CFE) not installed by Visual Sound unless specifically noted in this agreement.
3) Consumables (i.e., laptops. iPads, tablets, remote controls, lamps, batteries & filters).
4) Control system or other software programming changes to control functions not available or agreed upon at the commencement of the agreement.
5) Failures due to or caused by fire, as a result of utility Services, poor unconditioned or fluctuating electrical power, brownouts, plumping issues, air-conditioning or humidity control, computer / software viruses, acts of war or terrorism, work / union strikes, freight embargoes or environmental causes such as hurricane, tsunami, tidal surge, earthquake, tornado, floods, lightning, or other extreme weather conditions.
6) Inability of the covered systems and components, due to the manufacturing design of a product, or products, or the integration of the system, to perform in a manner other than for what it was designed. 7) Failures or faults caused by structural, mechanical, electrical plumbing systems or devices not installed by Visual Sound and not specifically covered under this agreement.
8) Failure or perceived failures if no mechanical or electrical failure was found or was due to the Client’s inability to properly operate and maintain the covered systems and components.
9) Any existing condition prior to the start date of this agreement that would have been noticed during a discovery pre-inspection of the existing covered systems, software, and its components.

City of Riverbank – Enhanced Support Program Contract # - Two Year Page 8 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners. 10)Failure caused by abuse, misuse, or negligence of the installed systems, and/or components.
11)Physical re-installation of covered systems and components from its original installed configuration altered by customer or third party. 12)Back-up and restoration of data or systems / product software. 13)ISDN and/or IP networking problems related to video conferencing systems. Visual Sound is not responsible for trouble shooting local, long distance ISDN carrier problems, or IP networking problems. If an incident occurs that requires Visual Sound involvement in diagnosing ISDN/IP network problems, Visual Sound will provide this service on a time and material basis as per the Visual Sound Rate Card. 14)Work performed outside of Visual Sound normal business hours except as agreed to herein will be handled on a per call basis and will be subject to charges at the current published rates.
15)Equipment deemed “End of Service Life”, or “UN-REPAIRABLE” by either Visual Sound or the original equipment manufacturer. 16)Replacement parts that are not available or have been discontinued. 17)Product Repairs / Replacement outside of manufacturer’s warranty. 18)Inbound or outbound freight.
19)Service provided under this Agreement does not ensure uninterrupted operation of the equipment, software, or systems. In providing services and materials hereunder, Visual Sound shall not be liable for the loss of use, loss of data or consequential damages of any kind, and no obligation or liability shall arise from Visual Sound rendering technical or other advice in conjunction with services rendered.
20)Visual Sound reserves the right to charge additional support fees at the current published rates for services performed in connection with reported incidents that are later determined to be due to non-covered or excluded under this agreement.
21)This agreement will be voided if any equipment in the covered rooms is substituted or added without written approval prior to the additions under this agreement.

City of Riverbank – Enhanced Support Program Contract # - Two Year Page 9 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

FINANCIAL SUMMARY –
The firm-fixed method of compensation for Visual Sound’s products and services shall be used and any applicable additional costs or services shall not be exceeded without prior written authorization from the customer. Visual Sound provides the solution outlined herein for $15,000.00 USD. Please note the prices do not include tax, which will be added at the time of invoice.

ACKNOWLEDGEMENT AND APPROVAL –
I acknowledge and confirm that I have read, and approve the proposal as described. As above, I understand should additional work be required above and beyond the contracted amount that could not have been known or determined at the time this proposal was executed, a written change order describing the additional work and any related expenses will be required.

Contract Costs
Description COST
Two (2) year Enhanced Service Support Program
Starting 8-1-2022 Ending 7-31-2024
$15,000.00
Total $15,000.00
Todd Miller
Customer Name
Representative
Visual Sound Representative
Signature Signature
Director Managed Services
Title Title
August 01, 2022
Acceptance Date Date
City of Riverbank – Enhanced Support Program Contract # - Two Year Page 10 of 10 Non-Disclosure Statement
This proposal includes information that shall not be used, duplicated, or disclosed to any third parties without written consent of Visual Sound, Inc. All brands, product names, trademarks, and registered trademarks appearing in the document are the property of their respective owners.

Insert Final Covered Equipment List

Item 11.2 - CC / LRA 06/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject: Consideration of a Resolution Approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit
From: Marisela H. Garcia, City Manager
Submitted by: Cheryl Stefani, Human Resources Analyst

RECOMMENDATION
It is recommended that the City Council adopt a Resolution approving the Memorandum of Understanding between City of Riverbank and the Riverbank Miscellaneous Employees Bargaining Unit.

SUMMARY
An agreement has been reached between the City of Riverbank and the Miscellaneous Employees Bargaining Unit for the Memorandum of Understanding (MOU) developed through mutual consent and by good-faith negotiation efforts exhibited by both parties.

The MOU details the terms and conditions of employment for the term of July 1, 2022 through June 30, 2025.

BACKGROUND
The Miscellaneous Employees Bargaining Unit was first established in the City of Riverbank in 1972 and it is currently comprised of 27 employees including both clerical and field personnel.

In November 2021, the City’s attorney contacted the Miscellaneous Employees Bargaining Unit representative to request meeting dates in the new year to begin negotiation discussion of the current Memorandum of Understanding due to expire on June 30, 2022. Due to the ongoing COVID-19 pandemic and an uptick in the Omicron variant, the initial labor negotiations meeting was held via Zoom in February 2022 to discuss negotiations protocol, ground rules, and scheduling of future meetings.

Item 11.2 - CC / LRA 06/14/2022
As COVID-19 mandates lifted and the number of cases in Stanislaus County decreased, subsequent negotiation meetings were able to be held in-person. After the exchange of a few proposals between the City and the Miscellaneous Employees Bargaining Unit, there was mutual consent on a Tentative Agreement by both parties. The City’s bargaining team considers the agreed upon Tentative Agreement to be fair as well as recognizing of employees having worked through the pandemic.

As such, the two parties are requesting that the City Council consider the approval of the July 1, 2022 – June 30, 2025 Memorandum of Understanding between the City of Riverbank and the Miscellaneous Employees Bargaining Unit.

KEY TERMS OF THE AGREEMENT
The elements that comprise the agreement are as follows:

1. Term of the agreement:

July 1, 2022 to June 30, 2025.

2. Cost of Living Adjustment:
a) Seven percent (7%) COLA effective the first full pay period of July 2022. b) Three percent (3%) COLA effective the first full pay period of July 2023. c) Four percent (4%) COLA effective the first full pay period of July 2024.

3. Longevity Pay:

The City proposes a 2.5% wage increase for employees with 25 years of service.

Year of Service Longevity Pay Rate
10 but less than 13 two and one-half percent (2.5%)
13 but less than 20 additional two and one-half percent (2.5% (total of 5%)) 20 but less than 24 additional two and one-half (2.5% (total of 7.5%)) 25 + additional 2.5% (total of 10.0%)

4. Stand-by Pay:

Employees on Stand-by shall be compensated as follows: two hours per day, Monday through Saturday at the rate of one and one-half the employee’s regular rate of pay; one (1) hour double time at the employee’s regular rate of pay for Sundays and City recognized holidays.

5. Compensatory Time Cash Out:

Compensatory time may be “cashed-out” once a year. Employees may cash-out a minimum of ten (10) hours up to a maximum of forty (40) hours. Employees separating

Item 11.2 - CC / LRA 06/14/2022
themselves from the City service shall be allowed to use compensatory time earned prior to the effective separating date.

In order to cash out compensatory time employees must submit an irrevocable election in December of each year. Late irrevocable election forms will not be accepted, nor can they be changed after the deadline for submission.

6. Deferred Compensation:

The City contracts with MissionSquare ICMA Retirement Corporation to offer a deferred compensation plan. Subject to the terms and conditions of ICMA on a voluntary basis eligible employees may defer a portion of their salary into his/her account until the employee’s retirement, permanent disability, death, or as allowed by ICMA. The City agrees to match an employee’s contribution up to $75 per month.

7. Me Too Clause – Cost of Living Adjustment (COLA):

The City accepts the Unions proposal for a Me-Too clause with the following conditions:
• This provision applies to only across the unit Cost of Living Adjustments (wage increases) for the middle managers unit – (it does not apply to equity adjustments). • This provision will automatically sunset at the expiration of this agreement and must be specifically renegotiated if it is to remain in effect.

8. COVID-19 Hazard Pay:

The City will provide a COVID-19 Essential Worker lump sum payment of $7,500.00 to all bargaining unit members.

9. Safety Boot Allowance:

Annually, eligible employees shall be reimbursed the cost of safety boots, socks, insoles, laces, and boot protectant and/or winter jacket, the jacket must be bright orange or green and have the City of Riverbank logo. Such reimbursement shall not exceed $250.00 per fiscal year. Office employees are not eligible for this benefit.

10.Bilingual Pay:

For positions designated by the City as bilingual, employees shall receive a three percent (3%) pay differential. The City retains the ability to unilaterally designate or remove bilingual pay. The City’s decision to designate or not designate is not appealable or subject the grievance process. In order for employees to receive bilingual pay they must be certified as bilingual in both written and oral communication.

Item 11.2 - CC / LRA 06/14/2022

11.Remove the Average for Medical Benefits Employee Contributions:

Employees covered by this MOU shall be responsible for fifteen (15%) percent of the monthly premiums.

12.Add Juneteenth Holiday:

Effective 2023, Juneteenth will be recognized as a Regular Holiday for Pay Purposes as this contract doesn’t expire until the end of June 2022.

FINANCIAL IMPACT
The financial impact for Year 1 associated with the negotiated items is as follows:

Cost of Living Adjustment 156,367.73
Longevity 13,062.57
Comp 8,048.64
Deferred Comp 26,100.00
Hazard Pay 294,205.00
Boot Allowance 950.00
Bilingual Pay 25,316.18
Total Cost (All Funds) 524,050.12

ATTACHMENTS
The following items are attached to this report:

1. Draft City Council Resolution 2022-

2. July 1, 2022 – June 30, 2022 Memorandum of Understanding ATTACHMENT 1

CC/LRA – 06/14/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF RIVERBANK, CALIFORNIA

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE

NORTHERN CALIFORNIA DISTRICT COUNCIL OF
LABORERS LOCAL UNION, AFL:CIO #1130 FOR THE
TERM OF JULY 1, 2022 TO JUNE 30, 2025,

REGARDING THE SALARIES, BENEFITS, HOURS, AND

OTHER TERMS AND CONDITIONS OF EMPLOYMENT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of the State of California provide that the salaries of employees of General Law cities may be fixed or increased by resolution; and
WHEREAS, Title I, Chapter 35 of the Riverbank City Code provides that the City Council may from time to time by resolution, change the compensation of employees of the City and by resolution adopt salary and wage scales; and
WHEREAS, A Memorandum of Understanding regarding salaries, benefits, hours, and other terms and conditions of employment has been approved and executed by the authorized representatives of the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130, and the City Manager; and
WHEREAS, the City Council of the City of Riverbank desires to adopt such Memorandum of understanding; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Riverbank hereby approve and ratify the Memorandum of Understanding attached hereto and made a part hereof; and
BE IT FURTHER RESOLVED, that the provisions contained herein pertaining to salaries, employee benefits, hours, and other terms and conditions of employment are, by this Resolution, made operable.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of June 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ______:

CC/LRA – 06/14/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

Attest: Approved:
_________________________ ___________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Memorandum of Understanding with the Northern California District Council of Laborers Local Union, AFL:CIO #1130
ATTACHMENT 2

MEMORANDUM

OF UNDERSTANDING
between

THE CITY OF RIVERBANK
AND

THE REPRESENTATIVES OF THE

NORTHERN CALIFORNIA DISTRICT

COUNCIL OF LABORERS AND ITS

AFFILIATE,

CONSTRUCTION, PRODUCTION &

MAINTENANCE LABORERS
LOCAL UNION, AFL:CIO #1130
JULY 1, 2022– JUNE 30, 2025
2022
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2 2022-2025 LiUNA_MOU
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RIVERBANK MUNICIPAL EMPLOYEE ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Section 1.00 – Memorandum Of Understanding __________________________________ 7

1.01 – Parties of Understanding..............................................................................................7

1.02 – General Conditions.......................................................................................................7

1.03 – Terms of Agreement.....................................................................................................7

1.04 – Reopener Clause .........................................................................................................7 Section 2.00 – Union Rights___________________________________________________ 8

2.01 – Agency Shop Agreement..............................................................................................8

2.02 – Union Orientation (AB 119) ..........................................................................................9 Section 3.00 – MANAGEMENT Rights___________________________________________ 9

3.01 – Management Rights .....................................................................................................9 Section 4.00 – Hours Of Work _________________________________________________ 9

4.01 – Standard Work Periods ................................................................................................9

4.02 – Exceptions to Standard Work Periods ..........................................................................9

4.03 – Pay Periods................................................................................................................10 Section 5.00 –Salary And Compensation _______________________________________ 10

5.01 – Salary Adjustments ....................................................................................................10

5.02 – Employee Compensation Plan ...................................................................................10

5.03 – Computation of Salary................................................................................................10

5.04 – Application of Salary Ranges and Rates ....................................................................10

5.05 – Deductions .................................................................................................................11

5.06 – Overtime Policy ..........................................................................................................11

5.08 – Compensatory Time...................................................................................................12

5.09 – Callback Compensation .............................................................................................12

5.10 – Standby Pay...............................................................................................................13

5.11 – Callback Rest Period..................................................................................................13

5.12 – Attendance of Training Courses .................................................................................13

5.13 – Longevity Pay.............................................................................................................13

5.14 – Certification Pay .........................................................................................................14

5.15 – Bilingual Pay ..............................................................................................................14 Section 6.00 – Probationary Period____________________________________________ 14

6.01 – Probationary Period....................................................................................................14

6.02 – Objective of Probationary Period................................................................................14

6.03 – Rejection of Probationer.............................................................................................14

6.04 – Rejection Following Promotion ...................................................................................14 Section 7.00 – Benefits______________________________________________________ 15

7.01 – Health Benefits...........................................................................................................15

7.02 – Health Benefits CAP...................................................................................................16

7.03 – PERS Retirement.......................................................................................................16

TABLE OF CONTENTS
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7.04 – Life Insurance.............................................................................................................17

7.05 – Employee Assistance Program...................................................................................17

7.06 – Deferred Compensation .............................................................................................17

7.07 – LIUNA National (Industrial) Pension Fund ..................................................................17 Section 8.00 – Reimbursements ______________________________________________ 18

8.01 – Tuition Reimbursement ..............................................................................................18

8.02 – Mileage Reimbursement.............................................................................................18

8.03 – Safety Boots and Winter Jacket Reimbursement........................................................18

8.04 – Personal Property Reimbursement.............................................................................18 Section 9.00 – Leaves Of Absence ____________________________________________ 19

9.01 – Attendance.................................................................................................................19

9.02 – Sick Leave .................................................................................................................19

9.03 – Vacation.....................................................................................................................20

9.04 – Paid Holidays .............................................................................................................21

9.05 – Bereavement Leave ...................................................................................................22

9.06 – Workers’ Compensation Leave...................................................................................22

9.07 – Military Leave .............................................................................................................23

9.08 – Family Leave Acts......................................................................................................23

9.09 – Pregnancy Disability Leave ........................................................................................23

9.10 – Employee’s Time Off to Vote......................................................................................23

9.11 – Jury Duty and Subpoenas Leave................................................................................23

9.12 – Leave of Absence Without Pay...................................................................................24

9.13 – Absence Without Leave .............................................................................................24 Section 10.00 – Personnel Practices___________________________________________ 24

10.01 – Performance Appraisals ...........................................................................................24

10.02 – Transfers..................................................................................................................24

10.03 – Promotions...............................................................................................................25

10.04 – Demotions................................................................................................................25

10.05 – Reinstatement ..........................................................................................................25

10.06 – Terminations ............................................................................................................25

10.07 – Reappointments .......................................................................................................26 Section 11.00 – Disciplinary Proceedings ______________________________________ 26

11.01 – Disciplinary Action; Definition ...................................................................................26

11.02 – Cause For Disciplinary Action...................................................................................26

11.03 – Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents ....27

11.04 – Right Of Appeal: Form..............................................................................................27

11.05 – Hearing ....................................................................................................................27

11.06 – Representation.........................................................................................................27

11.07 – Notices To Witnesses: Cost.....................................................................................28

11.08 – Failure Of Employee To Appear At Hearing..............................................................28

11.09 – Decisions .................................................................................................................28

11.10 – Effect of Certain Disciplinary Actions........................................................................28 Section 12.00 – Grievance Procedures_________________________________________ 28

12.01 – Purpose....................................................................................................................28

12.02 – Matters Subject to Grievance Procedure ..................................................................29

12.03 – Informal Grievance Procedure..................................................................................29

12.04 – Formal Grievance Procedure....................................................................................29 2022-2025 LiUNA_MOU
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12.05 – Conduct Of Grievance Procedure.............................................................................29 Section 13.00 – Employer – Employee Relations_________________________________ 30

13.01 – Purpose....................................................................................................................30

13.02 – Definitions ................................................................................................................30

13.03 – Designation and Recognition of Bargaining Representative .....................................31

13.04 – Bargaining Procedure...............................................................................................32

13.05 – Scope of Representation..........................................................................................32

13.06 – Rights and Duties of Conference Representatives and Recognized Employee Organizations........................................................................................................................32

13.07 – No Discrimination .....................................................................................................33

13.08 – Classifications Restricted from Representing Recognized Employee Organizations 33

13.09 – Savings Clause ........................................................................................................34 Section 14.00 – Miscellaneous Provisions ______________________________________ 34

14.01 – Outside Employment ................................................................................................34

14.02 – Uniforms...................................................................................................................34

14.03 – Contracting Unit Work ..............................................................................................34 Section 15.00 – Agreement __________________________________________________ 34

15.01 – Entire Agreement .....................................................................................................34

15.02 – Severability of Provisions .........................................................................................35

15.03 – Modifications, Amendments and Revisions ..............................................................35

15.04 – Ratification ...............................................................................................................35 Appendices _______________________________________________________________ 39 Appendix A ...........................................................................................................................39 Appendix B ...........................................................................................................................41 Appendix C ...........................................................................................................................43 Appendix D ..............................................................................Error! Bookmark not defined. 2022
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6 2022-2025 LiUNA_MOU
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Agreement Between

CITY OF RIVERBANK AND

RIVERBANK MUNICIPAL EMPLOYEES ASSOCIATION
SECTION 1.00 – MEMORANDUM OF UNDERSTANDING

1.01 – Parties of Understanding
This Memorandum of Understanding hereinafter referred as “MOU” is between the authorized representatives of the City of Riverbank, hereinafter referred to as the “City”, and the authorized representatives of the Northern California District Council of Laborers and its affiliate, Construction, Production & Maintenance Laborers Local Union, AFL:CIO #1130, hereinafter referred to as the “Union”, the recognized employee organization for the classifications listed in Appendix “A” of this MOU.

This MOU complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State of California, in that the Employer-Employee representatives noted herein did meet and confer in good faith and did reach agreement on those matters within the scope of representation.

This MOU also complies with Ordinance No. 72-04 relating to Employer-Employee relations, as adopted and amended by the City Council of the City of Riverbank.

1.02 – General Conditions
This MOU does not modify or change the provisions of the Personnel Rules and Regulations of the City of Riverbank unless specific reference is made herein to modify or add to the existing Personnel Rules and Regulations.

This MOU does not modify existing salaries, benefits, hours and terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this MOU.

1.03 – Terms of Agreement
This MOU embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment for a three (3) year term. This MOU becomes effective July 1, 2022 continuing through the end of the pay period that includes June 30, 2025 at which time the MOU terminates.

1.04 – Reopener Clause
During the term of this agreement, the City shall have the ability to reopen the terms of this agreement if either of the following occur:

A. The City experiences unforeseen economic difficulties; or B. The City desires to change its current group health benefits provider and seeks to move to a defined employer contribution rather that the percentage based agreement discussed in Section 7.01 below. 2022-2025 LiUNA_MOU
Revised: 2022-06 8
SECTION 2.00 – UNION RIGHTS

2.01 – Agency Shop Agreement
A. Agency Shop Condition
Effective July 9, 2001, the Employer (City of Riverbank) agrees, in accordance with California State Law (SB739 – Government Code 3500-3510) to require all bargaining unit employees to either:

1. Join the Union and pay normal dues and initiation fees; or

2. Pay and “agency fee” in the amount of dues for representation by the Union in accordance with State Law.

B. Exclusions
The Agency Shop arrangement shall not apply to Management, confidential, or supervisory employees of the Employer.

In the event that a court of law invalidates the ability of the City to collect agency shop or fair share fees, the City shall stop any such collection of fees.

C. Conscientious Objectors
Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support public employee organizations, or shall not be required to join or support any public employee organization as a condition of employment.

D. Service Fee
The employee who is a conscientious objector may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to nonreligious, nonlabor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue Code, chosen by the employee from the following list of 3:

1. The United Way

2. The Salvation Army

3. San Joaquin County Food Bank
Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization.

E. Challenge of Fees
The employee organization must provide an explanation for the basis of the fees, a reasonable prompt opportunity for fee payers to challenge the fee amount before an impartial decision-maker, and an escrow account for amounts reasonably in dispute while a challenge is pending.

F. Record of Financial Transactions
The recognized employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency and to the employees who are members of the organization, within sixty (60) days after the end of the fiscal year, a detailed written financial report thereto in the form of a balance sheet and an operating statement, by a certified public accountant. An employee 2022-2025 LiUNA_MOU
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organization required to file financial reports under the Labor-Management Disclosure Act of 1959 or required to file financial reports under Section 3546.5 may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports.

G. Duration of Obligation
Agency fee obligations, including, but not limited to, dues or agency fee deductions on behalf of a recognized employee organization, shall continue in effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of any agreement between the City of Riverbank and the recognized employee organization.

H. Hold Harmless
The Union shall indemnify and hold the City, its officers and employees harmless from any and all liability resulting from any claims, demands, lawsuits, or other action arising from compliance with the provisions of the Agency Shop agreement.

2.02 – Union Orientation (AB 119)
Every 120 days starting January 1, the City shall provide the Union with a roster of current bargaining unit member, identifying the member, whether they are an agency shop or union member. The City will provide two (2) business days’ notice prior to the orientation of a new bargaining unit member.

SECTION 3.00 – MANAGEMENT RIGHTS

3.01 – Management Rights
It is the exclusive right of the City to direct its employees, take disciplinary for proper cause, relieve its employees from duty because of lack of work or for other legitimate reason, classify and reclassify positions, and determine the methods, means, and personnel by which the City of Riverbank’s operations are to be conducted. In no event shall the exercise of these rights be contrary to any other applicable provision of the law.

SECTION 4.00 – HOURS OF WORK

4.01 – Standard Work Periods
The standard workday, exclusive of lunchtime, shall be eight (8) hours, and the standard workweek shall be forty (40) hours, to be worked within five (5) consecutive days. The workday for part-time employees shall be established as directed by the Department Head.

4.02 – Exceptions to Standard Work Periods
The City Manager is hereby authorized to designate other work periods and working hours for employees when, in his/her opinion, the best interest of the City may be served by such adjustment of the standard work periods and hours. The procedure for making adjustment in the standard work periods and hours shall be consistent with the provisions of §3504.5 of the Government Code. (Government Code Section 3504.5 provides that, except in cases of emergency, notice and an opportunity to meet and confer shall be given prior to enacting any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation.) The City has the right to re-open on the subject of a 9/80 work schedule during the term of this Agreement.
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4.03 – Pay Periods
The pay period for all employees shall be bi-weekly and salaries will be paid every other Thursday of each month.

Except for employees being terminated, salaries will be paid only on regular pay days, unless early payment is approved by the Chief Personnel Officer. Employees leaving the municipal service will be paid by the following payroll period following the date of termination, retirement, or resignation. Before the employee receives the final check, the Finance Director will have written clearance from the Department concerned that said employee has returned all City-owned tools, clothing, keys, and equipment.

The method of distributing payroll checks shall be established by the Chief Personnel Officer.

SECTION 5.00 –SALARY AND COMPENSATION

5.01 – Salary Adjustments
Following ratification by both the City and the membership. The City agrees to adjust salary ranges of all job classifications covered by this MOU as follows:

1. Effective the first full pay period of July 2022 the salary ranges shall be increase as provided in Appendix A to reflect a seven percent (7%) cost of living adjustment (COLA).

2. Effective the first full pay period of July 2023 the salary ranges shall be increase as provided in Appendix B to reflect a three percent (3%) cost of living adjustment (COLA).

3. Effective the first full pay period of July 2024 the salary ranges shall be increase as provided in Appendix C to reflect a four percent (4%) cost of living adjustment (COLA).

In the event that the middle managers bargaining unit receives an across the unit COLA increase larger than the amounts listed above, this bargaining unit shall receive the same increase. This provision shall automatically sunset at the expiration of this agreement.

In addition to the wage increases above, the City shall provide each employee with a one-time, nonPERSable lump sum amount for COVID / Essential Worker pay in the amount of $7,500.00 per employee.

5.02 – Employee Compensation Plan
An Employee Compensation Plan shall be established to provide salary schedules, salary rates, salary ranges, and steps and time intervals for salary review. Each class in the City Classification Plan shall be assigned a salary range or a rate established by the Compensation Plan. All persons employed by the City shall be compensated in accordance with the Compensation Plan then in affect and appended hereto as Appendix “A”, “B”, and “C”.

5.03 – Computation of Salary
Salary rates for all authorized City positions are set forth in the Employee Compensation Plan. In the conversion table included in the Plan, hourly rates are based on 2,080 hours per year.

5.04 – Application of Salary Ranges and Rates
A. Appointment
All initial appointments to classes assigned a pay range in the City Compensation Plan shall be at the first step of the salary range, provided that the Chief Personnel Officer may make an appointment to a position at 2022-2025 LiUNA_MOU
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an appropriate higher salary step when in his/her opinion, it is difficult to obtain qualified personnel at the starting salary, or when the education or experience of a proposed employee is substantially superior to that required of the class and justifies a beginning salary in excess of the first step.

B. Promotion
Any employee receiving a promotion shall start on the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary level is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of at least a five percent (5%) increase in salary.

When the promotion includes the assigned responsibility of supervision over other employees, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow his/her annual salary to be a minimum of five percent (5%) above the salary of those he/she supervises.

C. Transfer
A transfer does not affect an employee’s salary level.

D. Advancement Within Salary Range
An employee shall be considered for salary advancement in accordance with the time intervals established in the Employee Compensation Plan and the following provisions. 1) Automatic for Successful Completion of Probationary Period: Advancement to Step “B” in a salary range shall be automatic and effective on the first day of the payroll period following satisfactory evaluation of six (6) months of service. Failure of Management to evaluate the employee within six months will automatically cause the employee to become a full-time regular employee with the City of Riverbank.
2) Merit: Advancement to Steps “C”, “D”, and “E” in a salary range shall be granted for continued improvement and efficient and effective service by the employee in the performance of his/her duties.

Such merit advancement shall be made only upon recommendations of the Department Head after an annual evaluation.

Nothing herein prohibits the granting of a merit salary advancement prior to the normal time intervals established in the Employee Compensation Plan. All merit salary advancements shall be effective on the first day of the payroll period immediately following the employee’s salary anniversary date.

Salary adjustments resulting from an employee’s promotion or demotion shall become effective on the first day of the payroll period following the employee’s promotion or demotion.

5.05 – Deductions
Deductions from employee’s pay shall be made in accordance with prevailing laws, contract and administrative rules, and procedures established by the Chief Personnel Officer.

5.06 – Overtime Policy
Overtime is defined as the time worked beyond the normal eight (8) hours in a workday, or forty (40) hours in a workweek.
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Until an employee accumulates 100 hours of compensatory time, the employee will determine whether overtime work is to be compensated for by “compensatory time” or “paid overtime”.

Non-Standard Work Periods
Overtime for employees assigned to non-standard work periods and working hours as provided in §3.02 herein, shall be defined as follows:

Overtime shall be any time worked over 40 hours in a given workweek and any time worked in excess of eight (8) hours in a given day when 40 hours have been paid during the workweek.

A. Overtime Compensation
Overtime may be compensated for either by compensatory time off at one and one-half (1½) times the hours worked, or by payment at one and one-half (1½) times the employee’s basic hourly salary rate. Compensatory time off shall be granted only upon approval by the employee’s Department Head.

All employees may accrue compensatory time off to a maximum of one hundred (100) hours.

B. Overtime – Compensation Exception: Cheese & Wine Festival Public Works Personnel shall not be required to work overtime as a result of the Cheese and Wine Festival.

Any Public Works employee who agrees to work overtime for the Cheese and Wine Festival will be paid at the rate of one and a half (1½) time the regular compensation except Sunday call outs which will be reimbursed at (2) times the regular compensation. Any person called out will be paid a minimum of four (4) hours compensation.

5.08 – Compensatory Time
A. Compensatory Time Cash-Out
Compensatory time may be “cashed-out” once a year. Employees may cash-out a minimum of ten (10) hours up to a maximum of forty (40) hours. Employees separating themselves from the City service shall be allowed to use compensatory time earned prior to the effective separating date.

In order to cash out compensatory time employees must submit an irrevocable election in December of each year. Late irrevocable election forms will not be accepted, nor can they be changed after the deadline for submission.

Compensatory time earned by an employee who is required to work in excess of the normal workweek, shall be recorded by the immediate supervisor of the employee on the time card.

B. Compensatory Time Off
Use of compensatory time earned must be scheduled at least twenty-four (24) hours in advance and requires the concurrence of the Department Head for the requested time off.

Employees shall not be required to give reason for requesting compensatory time off. Exceptions to this procedure will be made only upon written authorization by the Chief Personnel Officer.

5.09 – Callback Compensation
Employees who are called to work overtime from their day off or other off-duty hours, except for disciplinary purposes, shall be compensated for a minimum of two (2) hours work at time and one-half (1½), or as provided in §5.10.
2022-2025 LiUNA_MOU
Revised: 2022-06 13
Overtime shall commence at the time an employee reaches the place where he/she is directed to report and shall continue until he/she is released or the work is completed, whichever is the earlier.

5.10 – Standby Pay
Employees assigned to standby shall be available and ready to work when needed for a seven (7) consecutive day period to handle situations occurring outside of standard working hours. Said employee should respond to the specified work site within a half hour.

Employees on standby shall be compensated as follows: two hours per day, Monday through Saturday at the rate of one and one-half the employee’s regular rate of pay; two (2) hour double time at the employee’s regular rate of pay for Sundays and City recognized holidays.

Employees who are on standby and called back to work for any reason shall be compensated as stated in §11.07 in addition to his/her standby pay. Employees on standby will be provided a City vehicle to take home in order to facilitate response to emergency service request.

5.11 – Callback Rest Period
Employees who are called back to work after leaving their place of employment or on a regular schedule day off, and finish performing City work within five (5) hours of the start of their normal shift, shall be entitled to receive a five (5) hour rest period. At the discretion of the Department Head, employees may have their schedule changed to allow the employee to work additional hours that week to make up for the loss of regular (straight time) hours. However these additional hours shall not trigger an employee’s right to overtime pay for hours worked over their regular (9-hour) or (8-hour) work shift. For purposed of this section employees shall be eligible for overtime pay for any hours work in excess of forty (40) hours worked in a work week.

5.12 – Attendance of Training Courses
City employees should feel free to attend training courses available during days off if they so desire. However, compensation for attendance at training courses held during days off (weekends), vacations, or holidays, will be authorized only where employees have been directed by their Department Head to attend such.

5.13 – Longevity Pay
Longevity Pay is to recognize long term employees of the City and designed to provide eligible employees, compensation in addition to their regular base pay. Regular full-time employees eligible for longevity pay shall be paid as follows:

Year of Service Longevity Pay Rate
10 but less than 13 two and one-half percent (2.5%)
13 but less than 20 additional two and one-half percent (2.5% (total of 5%)) 20 but less than 24 additional two and one-half (2.5% (total of 7.5%)) 25 + additional 2.5% (total of 10.0%)
The total longevity pay increase any employee can receive during their term of employment is ten percent (10%)
2022-2025 LiUNA_MOU
Revised: 2022-06 14

5.14 – Certification Pay
The City encourages the professional development of employees and encourages employees to obtain certifications relevant but not required by the employee’s current position. Subject to prior written approval from the employee’s Department Head, the City shall provide an additional two and one-half percent (2.5%) incentive pay for only one (1) of the following certifications:

A. Crane Certification
B. Parks Equipment Certification
C. Water Certification
D. Wastewater Certification

5.15 – Bilingual Pay
For positions designated by the City as bilingual, employees shall receive a three percent (3%) pay differential.

The City retains the ability to unilaterally designate or remove bilingual pay. The City’s decision to designate or not designate is not appealable or subject to the grievance process. In order for employees to receive bilingual pay they must be certified as bilingual in both written and oral communication.

SECTION 6.00 – PROBATIONARY PERIOD

6.01 – Probationary Period
All original and promotional appointments to regular municipal service positions shall be tentative and subject to a probationary period of not less than six (6) months. The probationary period may be extended with the approval of the Chief Personnel Officer for a period not to exceed an additional six months, upon the recommendation of the Department Head that unusual conditions justify such extension.

6.02 – Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employees whose performance does not meet the acceptable standards of the work.

6.03 – Rejection of Probationer
The Chief Personnel Officer or any department head may suspend, demote, or terminate a probationer under his/her control from their position at any time without cause and without the right of appeal or to submit a grievance.

6.04 – Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he/she was promoted or a comparable position, unless charges are filed and he/she is discharged in the manner provided in Section 10.00 herein.

Employees who elect a voluntary demotion after the six (6) month probationary period for a promotional appointment may be reinstated to the position from which he/she was promoted or to a comparable position. 2022-2025 LiUNA_MOU
Revised: 2022-06 15
SECTION 7.00 – BENEFITS

7.01 – Health Benefits
During the term if this MOU the City shall continue to provide group health benefits to employees covered by this MOU and their eligible dependents as provided below. As used in this sections group health benefits shall include medical, dental and vision insurance. During the term of this agreement, the City has the right to change group health benefits providers and the parties shall meet regarding any such change.

A. Medical
The City offers two medical insurance plans, one through Kaiser Permanente and the other through Sutter Health to eligible employees and their eligible dependents. The employees and eligible dependents will be enrolled in the plan chosen by the employee.

Employee Contributions
Employees covered by this MOU shall be responsible for fifteen (15%) percent of the monthly premiums.

General Information
Employees enrolled in either plan shall be responsible for 100% of the respective annual out-of-pocket and co-pay costs.

Family coverage consists of the employee plus one or more dependents and single coverage consists of the employee only.

The effective date of coverage for new employees shall be the first of the month following a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

Medical Insurance Allowance
Any employee covered by this MOU who has medical insurance coverage through their spouse, or who has medical insurance coverage as an eligible dependent of a person employed elsewhere, may request that their medical plan coverage as an employee of the City be terminated. Those employees who waive the medical insurance coverage shall be eligible to receive taxable cash in the amount of $250.00 per month. To participate in this program, the employee shall sign a waiver, provided by the City, and provide proof of other medical insurance coverage which shall be provided to the Human Resources Department. Once coverage is waived the employee can only reenroll in the City medical insurance plan during open enrollment or as allowed by law. (Eff_07/01/07)
B. Dental
During the term of this agreement the City shall pay 100% of the premium cost for employees and their dependents.

The City contracts with Stanislaus Foundation for Medical and Dental Care (SFMDC) to provide dental insurance to employee and their eligible dependents. Dental benefits shall be provided as outlined on the SFMDC Benefits Outline sheet.
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Revised: 2022-06 16
The effective date of coverage for new employees shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

C. Vision
During the term of this agreement the City shall pay 100% of the premium cost for employees and their dependents.

Employees and eligible dependents shall be provided vision insurance subject to the terms and conditions of the City’s contract with Vision Service Plan (VSP). Vision benefits shall be provided as stated in the “Enhanced Plan B” of VSP.

The effective date of coverage for new employees shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

7.02 – Health Benefits CAP
Employees hired prior to July 1, 2005 and who have remained enrolled in a City offered single plan for medical coverage, shall continue to receive a credit of $250 as previously negotiated.

Eligible employees may use their credit for deferred compensation, health club membership fees, PERS buyback (re-deposits), supplemental insurance benefits (AFLAC), college expenses (tuition, books), or United Way donations. At no time may an employee receive cash payment in lieu the credit.

7.03 – PERS Retirement
The City contracts with the California Public Employee’s Retirement System (PERS) to provide retirement benefits to eligible employees. Retirement benefits and/or options shall include the following:
● 2% @ 55 retirement formula
● 2% @ 60 retirement formula (employees hired on or after 04/09/11) ● 2% @ 62 retirement formula (employees hired on or after 01/01/13) ● Sick Leave Credit
● Military Service Credit
● Retired Death Benefit
● Final compensation three (3) years
● COLA 2%
● Death Benefit Continues - Remarriage
● Prior Service Credit
During the term of this agreement employees covered by this MOU shall pay the total PERS member contribution rate of seven percent (7%) of the employee’s salary subject to retirement contributions.

Retirement from the municipal service shall be subject to the terms and conditions of the City’s contract with the Public Employee’s Retirement System.

PERS Advisory Retirement Committee
During the term of this agreement, the City will create a PERS Advisory Committee to discuss and potentially address the City’s ongoing retirement liability. The Union will be provided a seat on the Committee. 2022-2025 LiUNA_MOU
Revised: 2022-06 17

7.04 – Life Insurance
Subject to the terms and conditions of the City’s contract with the provider the City shall provide term life insurance coverage for the eligible employees in a total policy amount of fifty thousand dollars ($50,000.00).

This policy also provides accidental death and dismemberment benefit for the employee in an amount not to exceed fifty thousand dollars ($50,000.00). The City shall pay all premiums for such policy during the term of the agreement.

The effective date of coverage shall be the first of the month following the a thirty-day waiting period, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City.

7.05 – Employee Assistance Program
The City shall provide an Employee Assistance Program (EAP) to all eligible employees and their dependents.

The employee and/or dependents are entitled to eight (8) sessions per fiscal year (July – June) for counseling and assistance as stated in the EAP plan.

7.06 – Deferred Compensation
The City contracts with ICMA Retirement Corporation to offer a deferred compensation plan. Subject to the terms and conditions of ICMA on a voluntary basis eligible employees may defer a portion of their salary into his/her account until the employee’s retirement, permanent disability, death, or as allowed by ICMA. The City agrees to match the employee’s contribution in an amount not to exceed $75.00 per pay-period, provided that the employee is contributing at least $75.00 per pay-period.

7.07 – LIUNA National (Industrial) Pension Fund
During the term of this agreement the City shall make contributions to the LIUNA National (Industrial) Pension Fund (Pension Fund) on behalf of the employees covered by this MOU. Contributions to the Pension Fund shall be as follows:
• Effective July 1, 2018 the contribution rate shall be $2.05 per hour. • Effective July 1, 2019 the contribution rate shall be $2.26 per hour. • The contribution rate may be subject to change based on the determination of the National Industrial Pension Fund.
• Contributions shall be paid monthly to the Pension Fund, to an address specified by MEA. • The monthly contributions are based on the hours an employee is on paid status up to 40 hours per week. The amount shall be prorated for employees working less than forty (40) hours per week. • The City shall not make contributions for hours in excess of forty hours per week.

This MOU provision shall not be construed to create a vested right that can be asserted against the City and shall not be construed to guarantee any future funding for the LIUNA pension fund beyond the term of this MOU. Future funding shall be subject to negotiations.

Unless specifically amended by the terms of this Understanding, all other terms and conditions of employment remain as previously established. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, the parties agree that neither the Union nor the City shall be obligated to reopen or renegotiate any of the provisions of this agreement.
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Revised: 2022-06 18
SECTION 8.00 – REIMBURSEMENTS

8.01 – Tuition Reimbursement
The City shall reimburse regular full-time employees expenses incurred for tuition, textbooks, admission fees not to exceed $1,500 per fiscal year and other required course materials provided the following conditions are met:
a. The course selected must be directly related to work the employee performs or fulfilling general education requirements;
b. Prior to enrolling, the course must be approved in advanced by the employee’s Department Head and Chief Personnel Officer;
c. The course must be offered at an accredited college or university; d. The employee must receive a passing grade of or equivalent to “C” or better, at the completion of the course;
e. The class and study time shall be outside the employee’s working hours.

Upon completion of a course, the employee shall submit a Tuition Reimbursement form along with paid receipt for tuition, books and materials and proof of passing grade to the Personnel Office. After verification of satisfactory completion of the course, the Personnel Office shall forward the approved tuition reimbursement form to the Finance Department for payment.

Tuition reimbursements shall be amortized over three (3) years. If an employee resigns or is terminated within three (3) years of any tuition reimbursement, the employee will required to pay the City a proportional percentage of the reimbursed amounts. (Eff. 07/01/07)

8.02 – Mileage Reimbursement
City employees may receive compensation for use of their personal vehicle in business. Approval must be obtained by the Department Head if employee decides to use personal vehicle. If a personal vehicle is used for City business, the employee must show proof of insurance to his/her immediate Supervisor and must have the minimum liability insurance requirements for private passenger as defined by the California Insurance Code § 11580.1b.

The rate of mileage reimbursement to employees using their private vehicles for City business shall be five (5) cents less than the rate presently in effect by the Internal Revenue Service.

8.03 – Safety Boots and Winter Jacket Reimbursement
Annually, eligible employees shall be reimbursed the cost of safety boots, socks, insoles, laces, and boot protectant and/or winter jacket, the jacket must be bright orange or green and have the City of Riverbank logo. Such reimbursement shall not exceed $250.00 per fiscal year. Office employees are not eligible for this benefit.

8.04 – Personal Property Reimbursement
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon the recommendation of the individual’s immediate supervisor. Prior condition of the damaged item should be considered in determining the amount of reimbursement.

Damage to personal effects not required by the City, would be allowed under the same conditions as above.

No costs should be incurred by the City when it has demonstrated that loss or damage was due to personal negligence.
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No costs should be incurred by the City in an unreasonable amount: if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse the employee in this amount, inasmuch as he/she did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it.

Definition of personal effects: Those items worn or carried by the employee in the line of duty.

SECTION 9.00 – LEAVES OF ABSENCE

9.01 – Attendance
In every case in which a regular employee is not present for duty, his/her absence shall be reported by the Department Head to the Personnel Office on the Request for Leave form. Since part-time employees are not entitled to leave, only actual time worked will be reported. Request for Leave shall be forwarded to the Personnel Office.

9.02 – Sick Leave
A. Statement of Policy
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the Department Head. Sick leave shall be allowed and used only in case of necessity and actual personal sickness or disability, medical or dental treatment, or in case of an emergency illness in the immediate family. Immediate family shall mean the spouse, parent, child, brother, sister, or a close relative residing in the household of the employee.

B. Eligibility
Regular and probationary employees shall be eligible to accrue sick leave. Such employees shall be entitled to sick leave, as authorized in this Section, upon the completion of one (1) month of employment with the City.

In order to receive compensation while absent on sick leave, the employee shall notify his/her department at the beginning of the workday he/she is absent. The employee may be required at any time, by his/her Department Head, to file a physician’s certificate, at City’s expense, stating they can resume work. However, when an employee is absent due to illness or injury for more than three (3) consecutive working days, a physician’s certificate may be required.

Sick leave will not be granted for an illness occurring during any leave of absence other than sick leave, with one exception: an illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized.

C. Accrual
Sick leave shall be accrued at the rate of eight (8) hours per month for all City employees and there shall be no limit to the amount of sick leave that may be accrued.

D. Deductions
Unless otherwise provided, sick leave will be deducted as follows:
1) All City employees shall be charged sick leave at the rate of eight (8) hours of sick leave for each full day absent. Unless exceptions are approved by the City Manager, absence less than a full day will be charged sick leave at the rate of one (1) hour sick leave for each hour absent. 2022-2025 LiUNA_MOU
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2) Any employee scheduled to work on a holiday who reports off sick will be charged sick leave at the appropriate rate authorized above, and the holiday will be accrued. 3) Sick leave may be used as needed and approved to the point of depletion, at which time the employee will no longer receive pay for sick leave.

E. Depletion of Sick Leave Benefits
Upon depletion of accumulated sick leave for an injury or illness, and upon the recommendation of the employee’s Department Head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to approval of the Chief Personnel Officer. If further leave is granted, the employee must notify the City of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee’s service with the City shall be considered terminated.

F. Forfeiture Upon Termination
Accumulated sick leave shall be forfeited by all employees upon leaving the municipal service, voluntarily or involuntarily, and whether by reason of retirement for disability, age, or for any reason whatsoever.

Accumulated sick leave may be used for the purpose of computing an employee’s PERS retirement.

G. Cash-Out
Employees covered by this MOU may “cash-out” twenty-five (25) hours of sick leave once each fiscal year provided they have a minimum of 200 hours of sick leave on the books. (Eff. 07/01/07)

9.03 – Vacation
A. Use of Vacation
The purpose of annual vacation leave is to enable each eligible employee to return to his/her work refreshed.

For this reason it is the intention of the City that vacation be taken, insofar as possible, in periods of one week or more.
1) When to be taken: The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, whenever an employee requests a vacation in excess of the amount of days he/she accumulates annually, shall be determined by his/her Department Head with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee.
2) Waiting period: Employees shall complete six (6) months continuous service before using accrued vacation leave.
3) Double compensation prohibited: Employees shall not work for the City during their vacation.

B. Eligibility
1) Regular employees: Regular employees shall be eligible for vacation leave in conformance with paragraph “C” below.
2) Part-time and probationary employees: Part-time and original appointment probationary employees shall not be eligible for vacation leave.
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C. Vacation Accrual
Vacation will be accrued and credited on a bi-weekly basis when an employee is in pay status for fifty (50) percent or more of the workdays in a given month. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status:

Accrual Hours Per Max.

Hrs.

Years of Service Pay-Period Year Accrual
New employee to completion of 5th year 3.0769 80 400
Start of the 6th year to completion of 10th year. 4.6154 120 400 Start of the 11th year to completion of 15th year. 6.1538 160 400 Start of 16th year and succeeding years. 7.6923 200 400 Limits of accrual: Such accrual and credit for all employees shall not exceed four hundred (400) hours.

D. Holidays Falling During Vacation
In the event a City holiday falls within an employee’s vacation period which would have excused the employee from work and for which no other compensation is made, said holiday shall not be charged as a vacation day.

E. Vacation at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination.

Payments for accrued vacation shall be at the employee’s current rate of pay.

Employees who terminate employment with the City and have less than six (6) months continuous service shall not be compensated for accrued vacation.

F. Vacation and Military Leave
An employee who interrupts his/her municipal service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

9.04 – Paid Holidays
A. Regular Holiday for Pay Purposes: The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off, except as otherwise provided in Paragraph (b) below:

Paid Holiday__________ Date_______________

1. New Year’s Day January 1st

2. Martin Luther King Day 3rd Monday in January

3. President’s Day 3rd Monday in February

4. Memorial Day Last Monday in May

5. Juneteenth June 19th (effective in 2023)

6. Independence Day July 4th

7. Labor Day 1st Monday in September

8. Veteran’s Day November 11

9. Thanksgiving Day 4th Thursday in November
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10. Day After Thanksgiving 4th Friday in November

11. Christmas Eve December 24

12. Christmas Day December 25

13. New Year’s Eve December 31

14. Floating Holidays - Three (3) Employee’s Choice
When a holiday falls on a Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day named. When a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.

B. Compensation for Work on Paid Holidays
Regular and probationary employees assigned to work on holidays shall receive compensatory time off or pay in lieu of compensatory time off, at twice the regular rate of pay.

9.05 – Bereavement Leave
Up to five (5) days leave may be granted to a regular employee by the head of his/her department in the event of death in the employee’s family. For the purposes of this section only, the employee’s family shall mean the spouse, parents, children, brother, sister, grandmother, grandfather, grandchildren, brother and sister-inlaw (current), and mother and father-in-law (current), legal guardian, or a close relative residing in the household of the employee. Requests for leave in excess of three (3) days for this purpose shall be subject to approval of the Chief Personnel Officer.

Leave without pay may be granted to a regular employee in the event of death to family members other than one of the immediate family; such leave to be granted in accordance with §8.12.

9.06 – Workers’ Compensation Leave
Any employee who is absent from work by reason of an injury or illness covered by Workers’ Compensation shall continue in pay status under the following provisions:

A. The difference between the amount granted pursuant to such Workers’ Compensation and the employee’s regular rate of pay shall be deducted first from the employee’s accumulated sick leave, and then from compensatory time, and when authorized by the employee, vacation days.

B. Such an employee will continue in pay status and receive his/her regular rate of pay until his/her accumulated sick leave, compensatory time, and vacation days have been depleted to the nearest one-half (½) day.

C. During the time the employee is in pay status while absent from work by reason of injury or illness covered by Workers’ Compensation, he/she shall continue to accrue sick leave and vacation benefits as though he/she was not on leave of absence.

D. Any employee who depletes his/her accumulated sick leave, compensatory time, holidays, and vacation days to maintain pay status while absent from work by reason of an injury or illness covered by Workers’ Compensation shall be removed from pay status.

Employees who have been injured in the course and scope of their employment with the City and who are required as a result of such injury to be absent from duty to take physical examinations required by the City’s Workers’ Compensation insurer or the Industrial accident Commission, or to attend hearings of the Industrial Accident Commission shall be granted leave with pay for such absences by the City Manager when he/she determines such absences are in the best interest of the City and only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in 2022-2025 LiUNA_MOU
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advance of City of Riverbank Request for Leave form.

9.07 – Military Leave
State and other applicable laws shall govern the granting of military leaves of absence and the rights of employees returning from such absences.

9.08 – Family Leave Acts
The City shall comply with the requirements of the California Family Rights Act (CFRA) of 1991 and the Family Medical Leave Act (FMLA) of 1993, as they are in effect or may be amended during the term of this agreement.

In accordance with CFRA and FMLA employees who have worked for at least one (1) year and for 1,240 hours during the twelve (12) month period immediately preceding the commencement of leave is entitled for up to twelve weeks (480 hours) of job protected leave.

Leave may only be taken for the following reasons:
● The employee’s own serious health condition;
● To care for a child, parent or a spouse who has a serious health condition; or ● To care for the employee’s newborn child, or placement of adoption or foster care.

Employees requesting leave must give at least 30 days notice for foreseeable events. In unforeseeable situations the employee must notify the City as soon as practicable.

9.09 – Pregnancy Disability Leave
Pregnancy Disability Leave without pay shall be granted to employees in accordance with applicable state and federal laws.

If you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave. Current law provides up to 4 months of unpaid leave. Employees may also be eligible for an additional 12 weeks of leave under the California Family Rights Act (CFRA). An employee may be required to use any available sick leave during her pregnancy disability leave. At the employee’s option, any accrued vacation or other accrued paid leaves may be used during such leave. a) An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave.

9.10 – Employee’s Time Off to Vote
Time off with pay to vote at any general, direct primary, or presidential primary election shall be granted as provided in the State of California Election Code, and notice that any employee desires such time off shall be given in accordance with the provisions of said Code.

9.11 – Jury Duty and Subpoenas Leave
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the Court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) day from the termination of his/her jury service.

Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies shall be granted leaves of absence with pay from their assigned duties until released. The 2022-2025 LiUNA_MOU
Revised: 2022-06 24
employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

9.12 – Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary to the best interest of the City. Such leave is not a right, but a privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the Chief Personnel Officer. No vacation or sick leave benefits shall be used for illness occurring during such leave.

Leave of absence without pay may be granted by the Chief Personnel Officer depending on the merit of the individual case.

9.13 – Absence Without Leave
Absence without leave shall be considered to be without pay and reductions in the employee’s pay shall be made accordingly. Absence without leave for more than three (3) consecutive workdays may result in termination of employment. Such termination shall not be subject to appeal.

SECTION 10.00 – PERSONNEL PRACTICES

10.01 – Performance Appraisals
A. Regular Employee
A performance appraisal of each regular employee shall be made annually on the anniversary date of their completion of the probationary period.

B. Probationary Employee
A performance appraisal of each probationary employee shall be made by the Department Head on “City of Riverbank Employee Performance Appraisal” forms according to the directions thereon and forwarded to the Personnel Office. The Employee Performance Appraisal form shall be filed by the Department Head upon the completion of the employees’ third, and sixth month of service with the City.

In those cases where the probationary period extends to twelve (12) months or longer, the Employee Performance Evaluation form shall be required from the Department Head at the conclusion of each six-month interval.

C. Appeal
Within five (5) days after receiving the performance appraisal, the employee may request in writing, a review of the appraisal with the Chief Personnel Officer. Within five days after said review, the Chief Personnel Officer shall either accept the original performance appraisal, a modified appraisal, or cause a new appraisal to be prepared which shall be entered into the personnel file as the official performance appraisal. The official appraisal shall bear the Chief Personnel Officer’s signature. The decision of the Chief Personnel Officer shall be final.

10.02 – Transfers
Any employee may be transferred from one department or division to another. 2022-2025 LiUNA_MOU
Revised: 2022-06 25

10.03 – Promotions
Because it is the policy of the City of Riverbank to encourage the advancement of personnel within the organization, promotional examinations for vacancies will be conducted as the needs of the City require.

Promotional opportunities (available to City employees) will be posted on bulletin boards selected by the Personnel Office at least five (5) working days before the selection is made.

A. Flexible Staffing
Employees assigned to a flexible staffed position may be promoted in accordance with “Appendix E” of this MOU.

10.04 – Demotions
The Chief Personnel Officer or Department Head may demote an employee whose ability to perform his/her required duties falls below acceptable standards, for disciplinary reasons set forth in §10.02, when the need for the position which an employee fills no longer exists, or when an employee requests such demotion. No employee shall be demoted to a classification for which he/she does not possess minimum qualifications.

When the action is initiated by the Department Head, written notice of demotion shall be given an employee at least five (5) days before the effective date of the demotion. An employee may appeal such action in the manner provided in §10.04, et seq.

10.05 – Reinstatement
The Chief Personnel Officer may reinstate any suspended employee for good cause and may, upon such reinstatement, compensate, in whole or in part, such employee for the time lost.

10.06 – Terminations
A. Resignation
An employee wishing to leave the service of the City in good standing, either by resignation or retirement, shall give the Department Head concerned at least two (2) weeks notice when practical.

B. Lack of Work or Funds
An employee may be terminated by the Personnel Officer because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least two (2) weeks prior to the effective date of termination. Such termination shall not be subject to appeal.

In any such reduction in personnel caused by lack of work or funds, seniority shall be observed, except in supervisory or management positions. The order of termination shall be in the reverse order of total cumulative time the employee has served in municipal service. Supervisory or management employees shall be eligible for lower rated positions based upon their seniority but non-supervisory or non-management personnel may not take supervisory or management positions solely based upon seniority.

For the purpose of determining termination, total cumulative time shall include the employee’s time served in probation and regular status, and time serve on military leave of absence.

C. Non-Disciplinary Action
Part-time and probationary employees may be terminated by the Chief Personnel Officer at any time, with or without notice, for cause or for the convenience of the City. Regular employees terminated by the Chief 2022-2025 LiUNA_MOU
Revised: 2022-06 26
Personnel Officer for cause or for the convenience of the City shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in §1004 et se. Such cause may be other than cause for disciplinary action set forth in §1002, et seq. and may include, but not be limited to, inefficiency and incompetency.

10.07 – Reappointments
Reappointments after termination will be considered new employment. However, reappointments made within six (6) months from the termination date may be made with reinstatement of prior seniority, sick leave, and pay rate.

SECTION 11.00 – DISCIPLINARY PROCEEDINGS

11.01 – Disciplinary Action; Definition
As used in this Section, “Disciplinary Action” shall mean discharge, demotion, reduction in salary, disciplinary probation, or suspension.

11.02 – Cause For Disciplinary Action
Causes for disciplinary action against any employee may include, but shall not be limited to, the following:
a) Fraud in securing appointment.
b) Inexcusable neglect of duty.
c) Insubordination.
d) Dishonesty.
e) Drunkenness on duty.
f) Inefficiency.
g) Addiction to the use of controlled substances.
h) Inexcusable absence without leave.
i) Conviction of a felony, or conviction of a misdemeanor, involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offence involving moral turpitude is deemed to be a conviction within the meaning of this Section. j) Immorality.
k) Discourteous treatment of the public or other employees. l) Improper political activity as defined by State Law. m) Repeated violation of safety procedures.
n) Misuse of City property.
o) Violation of any of the provisions of these working Rules and Regulations or departmental rules and regulations.
p) Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.
q) Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with his/her employment.
r) Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, mental disability, physical disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a District employee. s) Unlawful retaliation against any other District Officer or employee or member of the public who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Attorney General, or any other appropriate authority, any facts or information related to actual or suspected violation of any law of this State or the United States occurring on the job or directly related thereto. 2022-2025 LiUNA_MOU
Revised: 2022-06 27

11.03 – Persons By Whom Disciplinary Action May Be Taken, Notice, Service, Contents The Chief Personnel Officer or any Department Head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this Section by written notice to the employee of the proposed disciplinary action and the cause for which the proposed disciplinary action is to be taken, which shall allow the employee a period of five (5) days to respond to the person proposing the disciplinary action. The notice may be served upon the employee, either personally or by certified mail, and shall include:
a) A statement of the nature of the disciplinary action. b) The effective date of the penalty.
c) A statement of the causes therefore.
d) A statement in ordinary and concise language of the act or omissions upon which the causes are based.
e) A statement notifying the employee that he/she has five (5) days in which to respond orally or in writing regarding the proposed disciplinary action.

If the employee responds, either orally or in writing, to the notice of proposed disciplinary action, the Chief Personnel Officer or Department Head, as the case may be, shall thereafter amend or withdraw the proposed disciplinary action or proceed with its implementation.

11.04 – Right Of Appeal: Form
Any regular employee shall have the right of appeal to the Chief Personnel Officer from any disciplinary action taken by his/her Department Head under §10.03. Such appeal shall be in writing and must be filed with the Chief Personnel Officer within ten (10) working days after receipt of written notice of such disciplinary action.

Failure to file an appeal within such period constitutes a waiver of right to appeal.

The Chief Personnel Officer shall conduct a hearing as provided in this Section. Neither the provisions of this section or this Section shall apply to reductions in force or reductions in pay, which are part of a general plan to reduce or adjust salaries and wages.

In the event the Chief Personnel Officer institutes the disciplinary action, he/she shall be disqualified. Should the Chief Personnel Officer be disqualified, or should he/she disqualify himself/herself as hearing officer, the City Council shall appoint a hearing officer who shall have the same power, authority, and responsibility as the Chief Personnel Officer would have as a hearing officer.

11.05 – Hearing
The Chief Personnel Officer shall conduct a hearing on an appeal filed in accordance with §10.04 within thirty (30) days after receipt thereof. The Chief Personnel Officer may continue the hearing either for the convenience of the City or upon written application of the appellant, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing shall be conducted in accordance with the provisions of §11513 of the Government Code of the State of California, except that the appellant and other persons may be examined as provided in §19580 of said Government Code, and the parties may submit all proper and competent evidence against, or in support of the causes.

11.06 – Representation
Any City employee other than those appointed to supervisory, management, and confidential classifications as provided in §1208 of the Personnel Rules and Regulation, shall be permitted to represent another City employee or group of City employees at the hearing of the appeal. The appellant may appear in person or be represented by counsel.
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Revised: 2022-06 28

11.07 – Notices To Witnesses: Cost
The Chief Personnel Officer shall issue notice for the appearances of witnesses for the appellant upon his/her written request and at his/her cost. The Chief Personnel Officer may require such cost to be prepaid.

11.08 – Failure Of Employee To Appear At Hearing
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the Chief Personnel Officer or Department Head shall be final.

11.09 – Decisions
The Chief Personnel Officer shall render a written decision within thirty (30) days after concluding the hearing.

The Chief Personnel Officer’s decision shall be final and conclusive, except when an employee is suspended for more than three (3) days or discharged. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the Chief Personnel Officer, the employee may be compensated, in whole or in part, for the time lost as determined by the Chief Personnel Officer.

In cases involving suspending an employee for more than three (3) days or discharging an employee, a copy of such decision shall be forwarded to the employee and the association on behalf of the employee may, within ten (10) working days after receipt of written notice of the Chief Personnel Officer’s decision, give notice to the Chief Personnel Officer that the association representing the grieved employee may submit the matter to binding arbitration. The arbitration board shall consist of one retired superior court judge and the cost of arbitration shall be borne equally between the City and the employee. The arbitration hearing shall be held within thirty (30) days from the date of the request by employee to submit to arbitration. The parties may agree to continue the date of the arbitration hearing by mutual agreement.

11.10 – Effect of Certain Disciplinary Actions
A. Oral reprimand. Employee receiving an oral reprimand may have it noted in their departmental record by the Department Head.

B. Written reprimand. Employees receiving a written reprimand shall have a copy of the reprimand filed in their permanent record for future reference. Each employee’s permanent record is his/her personnel jacket kept in the Chief Personnel Officer’s Office.

C. Disciplinary Probation. Employees placed on disciplinary probation shall not accrue earned time for salary review while on such probation.

D. Suspension. Employees suspended from the municipal service shall forfeit all rights, privileges, and salary while on such suspension with the exception of group health and life insurance benefits.

E. Discharge. Employees terminated pursuant to §9.06 C of this MOU shall be paid salary accumulated to the effective date of termination only, and shall be paid for accumulated vacation, accumulated compensatory time, and paid days in lieu of holidays.

SECTION 12.00 – GRIEVANCE PROCEDURES

12.01 – Purpose
Grievance procedures for employees are provided herein:
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A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

B. To afford employees individually and though qualified employee organizations a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions.

C. To provide that grievances shall be settled as near as possible to the point of origin.

D. To provide that grievances shall be heard and settled as informally as possible.

12.02 – Matters Subject to Grievance Procedure
Any City employee shall have the right to present a grievance regarding wages, salaries, hours and working conditions for which appeal is not provided or is not prohibited under the provisions of Section 11.00.

12.03 – Informal Grievance Procedure
An employee should first attempt to resolve a grievance or complaint through discussion with his/her immediate supervisor without undue delay. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor’s immediate superior, if any. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her superior or superiors. An informal grievance shall not be taken above the Department Head.

12.04 – Formal Grievance Procedure
Formal grievance procedure after exhaustion of the informal grievance procedure shall proceed as follows:

A. Department review. The grievance shall be presented in writing to the employee’s Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The Department Heads shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance in writing to the Chief Personnel Officer. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

B. Chief Personnel Officer Review. Upon receiving the grievance, the Chief Personnel Officer shall discuss the grievance with the employee, his/her representative, if any, and with all other appropriate persons. The Chief Personnel Officer shall render a decision in writing to the employee within twenty (20) calendar days after receiving the grievance. The decision of the Chief Personnel Officer shall be final, however, in cases where disciplinary action results in termination of the employee. This action is subject to ratification by the City Council as provided in §31.03(H)(3) of the Riverbank City Code.

12.05 – Conduct Of Grievance Procedure
A. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

B. The employee may request the assistance of another person of his/her choosing in preparing and presenting his/her grievance at any level of review.

C. Employees shall be free from reprisal for using the grievance procedure.

D. Any reasonable award resulting from the application of this provision shall be binding and final on the parties unless arbitrary and capricious.
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Revised: 2022-06 30
SECTION 13.00 – EMPLOYER – EMPLOYEE RELATIONS

13.01 – Purpose
It is the purpose of the City of Riverbank to promote full communications with its employees by providing a reasonable method of resolving disputes between it and employee organizations regarding wages, hours, and other terms and conditions of employment.

It is also the purpose of the City of Riverbank to promote the improvement of personnel management and employer-employee relations by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by such organizations in their employment relationships with the City of Riverbank.

Nothing contained in this Section shall be deemed to supersede the provisions of existing State Law and the Ordinances and Rules and Regulations of the City of Riverbank which establish and regulate a merit personnel system or which provide for other methods of administering employer-employee relationships.

This Section is intended, instead, to strengthen merit and other methods of administering employer-employee relationships through the establishment of uniform and order methods of communication between employees and the City of Riverbank.

13.02 – Definitions
City Council shall mean the City Council of the City of Riverbank.

Chief Personnel Officer shall mean the City Manager of the City of Riverbank.

Bargaining Representative shall mean the Chief Personnel Officer and his/her representatives and/or the duly authorized representatives of an employee organization that has been granted formal recognition by the City Council as representing the employees of a representation unit.

Consult or Consultation in Good Faith shall mean to communicate verbally or in writing for the purpose of presenting and obtaining view or advising of intended actions.

Employee Organization shall mean any organization which includes employees of the City of Riverbank and which has one of its primary purposes representing such employees in their employment relations with the City of Riverbank.

Mediation shall mean any effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the City of Riverbank and the recognized employee organization or recognized employee organizations, through interpretation, suggestion, and advice.

Meet and Confer in Good Faith shall mean that the City of Riverbank by and through its Chief Personnel Officer and his/her representatives, and representatives or recognized employee organizations, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation.

Miscellaneous Employees shall mean all regular City employees who are referred to as “miscellaneous members” by the California Public Employees’ Retirement System (§20018 of the Government Code).

Recognized Employee Organization shall mean an employee organization which has been acknowledged by the City Council as an employee organization that represents employees of the City of Riverbank. The rights accompanying recognition are either:
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Revised: 2022-06 31
1) Formal Recognition which is the right to meet and confer in good faith as the conference representative in a representational unit; or
2) Informal Recognition which is the right to consultation in good faith by all recognized employee organizations.

Representational Unit shall mean a unit as established by §12.03(B) of this Section.

13.03 – Designation and Recognition of Bargaining Representative A. The Chief Personnel Officer and his/her representative shall be the Bargaining Representatives for the City of Riverbank for the purpose of meeting and conferring in good faith pursuant to Government Code §3500 - §3511 inclusive.

B. There shall be not more than two (2) representational units of employees for purposes of extending formal recognition to, and meeting and conferring in good faith with, the conference representative of the City of Riverbank. If the City employees request more than one (1) representational unit, said additional unit(s) shall be established as follows:
1) Management and Supervisory employees and
2) Miscellaneous employees
C. Every regular authorized position identified in the Employee Compensation unit may choose a single organization as its bargaining representative, which shall be formally recognized by the City Council as the unit’s bargaining representative in compliance with applicable State Law, as it now exists, or as it may hereafter be amended. Such choice shall be made by means of a secret ballot representational election, with a ballot containing the names of all employee organizations petitioning to represent a representational unit, and a choice of having no bargaining representation. Upon presentation to the Chief Personnel Officer of a petition, signed by at least thirty (30) percent of the employees in the representational unit, asking that an election be held and that a named organization be placed on the ballot, a representational election shall be held.

D. Each employee representational unit may choose a single organization as its bargaining representative, which shall be formally recognized by the City Council as the unit’s bargaining representative in compliance with applicable State law, as it now exists, or as it may hereafter be amended. Such choice shall be made by means of a secret ballot representational election, with a ballot containing the names of all employee organizations petitioning to represent a representational unit, and a choice of having no bargaining representation. Upon presentation to the Chief Personnel Officer of a petition, signed by at least thirty (30) percent of the employees in the representational unit, asking that an election be held and that a named organization be placed on the ballot, a representational election shall be held.

Elections shall be decided on the basis of a majority vote of the employees in the representational unit voting at such election.

E. Each employee representational unit shall be represented by no more than one recognized employee organization, although this shall not preclude and employee who is not a member of a recognized employee organization from representing himself/herself.

A recognized employee organization shall remain representative of a particular unit for a minimum of one full calendar year and no other organization shall represent employees of the representation unit during that time with regard to matters within the scope of representation as set forth herein. 2022-2025 LiUNA_MOU
Revised: 2022-06 32
F. In cases where there is no recognized employee organization for an employee representational unit, an organization elected by representational unit, shall become the formally recognized employee organization and bargaining representative on the day such organization is formally recognized by the City Council.

In cases where an incumbent formally recognized employee organization is decertified by another employee organization, the newly elected organization shall be recognized by the City Council immediately upon the certification of the election results.

13.04 – Bargaining Procedure
A. Within the first sixty (60) days of each calendar year, each formally recognized employee organization and the Chief Personnel Officer, or his/her representative, shall mutually exchange written proposals on salaries, fringe benefits, and other terms and conditions of employment to affect each representational unit during the coming year. Following such exchange, representatives of each formally recognized employee organization shall meet at mutually agreeable times and places, with the Chief Personnel Officer or his/her representative(s) for the purpose of conferring in good faith regarding wages, hours, and other terms and conditions of employment. The parties, in conferring, shall consider, but are not limited to consideration of prevailing rates and standards in private business and other public employment, cost of living, internal salary relationships in the City of Riverbank, and the financial condition of the City of Riverbank.

B. If agreement is reached by the Chief Personnel Officer and his/her representatives and the formally recognized employee organization representative, they shall jointly prepare a written Memorandum of Understanding, which shall not be binding; sign it, and present it to the City Council for its determination.

The City Council may approve or reject the Memorandum of Understanding and enact such Ordinances or Resolutions necessary to implement said Memorandum of Understanding.

C. If, after a reasonable period of time, representatives of the City of Riverbank and the formally recognized employee organization fail to reach agreement, the City of Riverbank and the formally recognized employee organization together may agree upon the appointment of a mediator mutually agreeable to the parties. Cost of mediation shall be divided one-half to the City of Riverbank and one-half to the formally recognized employee organization.

D. All Memorandum of Understanding regarding cost items shall be submitted to the City Council by May 1st of each year for consideration at the annual budget hearings, or as requested by the City Council at other times.

E. The City Council shall cause written notice to be provided to each recognized employee organization concerning matters described in Government Code §3504.5.

13.05 – Scope of Representation
Conference representatives may meet and confer in good faith and execute a written Memorandum of Understanding on any matter of employer-employee relations, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or Executive Order.

13.06 – Rights and Duties of Conference Representatives and Recognized Employee Organizations A. Each employee organization which seeks recognition from the City Council shall file a petition with the City Council containing the following information and documentation:
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Revised: 2022-06 33

1. Name and address of the employee organization.

2. Names and titles of its officers.

3. Names of employee organization representatives who are authorized to speak on behalf of its members.

4. A statement that the employee organization has one of its primary purposes, representing employees in their employment relations with the City.

5. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with a regional or state or national or international organization.

6. Certified copies of the employee organization’s Constitution and Bylaws.

7. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. In addition, any employee organization seeking informal recognition shall file with the City Council a statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees have designated the employee organization to represent them in their employment relations with the City.

Such written proof shall be submitted for confirmation to the Chief Personnel Officer.

B. Conference representative of either party shall have the right to meet with conference representatives of the other part, upon reasonable notice, to discuss any problem regarding employer-employee relations arising within the representational unit, or any problems arising under a written Memorandum of Understanding between the parties.

C. The City of Riverbank shall allow a reasonable number of employee representatives of a formally recognized employee organization reasonable time off without loss of compensation or other benefits when formally meeting and conferring with the Chief Personnel Officer or his/her representatives regarding matters within the scope of representation, or for the purpose of consultation in good faith.

D. The City of Riverbank shall provide reasonable space on bulletin boards at places of work for the use of recognized employee organizations to inform employees about organizational activities and affairs.

E. Agents shall be allowed to visit places of City employment where employees it represents are at work, for the purpose of observing conditions of work, or consulting with members regarding immediate grievances or job problems. Such visits shall not be permitted to interfere with the orderly flow of work, nor cause an unsafe condition.

13.07 – No Discrimination
A. There shall be no discrimination by the City of Riverbank in employment conditions or treatment of employees on the basis of race, sex, creed, color, national origin, ancestry, or membership, nonmembership, or participation in the activities of any lawful organization.

B. There shall be no discrimination by any employee organization in treatment of its members on the basis of race, sex, creed, color, national origin, ancestry, membership, non-membership, or participation in the activities of any lawful organization.

13.08 – Classifications Restricted from Representing Recognized Employee Organizations The Chief Personnel Officer, elected officials, and department heads shall be restricted from representing a recognized non-management employee organization to avoid potential conflicts of interest.

Nothing herein prohibits employees from joining an employee organization; however, restrictions are placed upon certain employees in representing the organization. 2022-2025 LiUNA_MOU
Revised: 2022-06 34

13.09 – Savings Clause
If, at any time, any part of this Section should be found to be unconstitutional, or contrary to applicable law as it now exists, or as it may hereafter be amended, the remainder of the Section will not be affected thereby.

SECTION 14.00 – MISCELLANEOUS PROVISIONS

14.01 – Outside Employment
Any regular employee desiring to engage in outside employment shall first obtain non-City conflict job approval from his/her Department Head. The Employee shall submit a statement to his/her Department Head on a standard City form, naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work. Approval may be denied if, in the opinion of the Department Head, such outside employment is incompatible with the proper discharge of the employee’s official duties. All such approvals shall be subject to review by the Chief Personnel Officer, and shall be resubmitted prior to January 10th each year to maintain a valid, continuous authorization.

14.02 – Uniforms
The City shall provide and maintain uniforms to regular full-time employees assigned to work in the field and facility maintenance. The City will report to CalPERS the monetary value for providing and maintaining the employee’s required uniforms. The City will report the uniform allowance on an annual basis to CalPERS in June of each year. The uniform allowance amount reported to CalPERS will derive from the City’s total fiscal year budgeted amount for providing and maintaining the employees’ uniforms, not to exceed $300 per year, per employee.

Rain Gear
Rain gear consisting of waterproof boots, pants, coat and hat, will be provided to all employees assigned to work in the field at City expense.

14.03 – Contracting Unit Work
During the term of this MOU the City agrees not to contract out work of any position, and will not terminate any existing employee as a result of subcontracting of any work that has been performed by the members of the Bargaining Unit. Vacant positions that have not been filled may be contracted out for not more than one (1) year.

SECTION 15.00 – AGREEMENT

15.01 – Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Any prior or existing Agreement between the parties whether formal or informal, regarding any such matters is hereby superseded and terminated in its entirety.

In the event that any provision of this MOU is found to be in conflict with a City rule, regulation, or resolution, the provision of this MOU shall prevail over such conflicting rule, regulation or resolution. 2022-2025 LiUNA_MOU
Revised: 2022-06 35

15.02 – Severability of Provisions
Should any part of this MOU is for any reason held to be invalid by a court of competent jurisdiction or by reason of any existing or subsequently enacted legislation, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall remain in full force and effect for the duration of this MOU.

15.03 – Modifications, Amendments and Revisions
The terms and conditions of this MOU may be modified, amended or revised, only through the voluntary and mutual consent of both parties.

15.04 – Ratification
This Agreement shall be in full force and effect upon adoption by the City Council of the City and implementation of its terms and conditions by appropriate ordinance, resolution, or other lawful action.

Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Union.
2022
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SIGNATURES
For the Union; Northern California District
Council of Laborers’ and Construction,
Production & Maintenance Laborers’,
For the City of Riverbank Local Union #1130; AFL:CIO
Marisela H. Garcia Dave Gorgas
City Manager Business Manager
Chris Smith
Shop Steward
Michele Garcia
Shop Steward
2022
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Revised: 2022-06 38
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Revised: 2022-06 39

ENDICES
Appendix A
City of Riverbank
Employee Compensation Plan
Effective July 2022

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43

3,818.18 4,009.09 4,209.54 4,420.02 4,641.02
Account Clerk II 53

4,217.60 4,428.48 4,649.90 4,882.40 5,126.52
Accounting Technician 65

4,752.51 4,990.14 5,239.65 5,501.63 5,776.71
Administrative Analyst I 75

5,249.70 5,512.19 5,787.80 6,077.19 6,381.05
Administrative Assistant 66

4,800.02 5,040.02 5,292.02 5,556.62 5,834.45
Administrative Clerk 30

3,354.89 3,522.63 3,698.76 3,883.70 4,077.89
Assistant Mechanic 56

4,345.42 4,562.69 4,790.82 5,030.36 5,281.88
Assistant Planner 81

5,572.67 5,851.30 6,143.87 6,451.06 6,773.61
Associate Planner 91

6,155.68 6,463.46 6,786.63 7,125.96 7,482.26
Building Inspector I 76

5,302.20 5,567.31 5,845.68 6,137.96 6,444.86
Building Inspector II 86

5,856.90 6,149.75 6,457.24 6,780.10 7,119.11
City Mechanic 70

4,994.93 5,244.68 5,506.91 5,782.26 6,071.37
Community Development Specialist I 43

3,818.18 4,009.09 4,209.54 4,420.02 4,641.02
Community Development Specialist II 53

4,217.60 4,428.48 4,649.90 4,882.40 5,126.52
Construction Inspector I 86

5,856.90 6,149.75 6,457.24 6,780.10 7,119.11
Construction Inspector II 96

6,469.65 6,793.13 7,132.79 7,489.43 7,863.90
Deputy City Clerk 66

4,800.02 5,040.02 5,292.02 5,556.62 5,834.45
Engineer Technician I 61

4,567.05 4,795.40 5,035.17 5,286.93 5,551.28
Engineer Technician II 71

5,044.88 5,297.12 5,561.98 5,840.08 6,132.08
Facilities Maintenance Worker I 43

3,818.18 4,009.09 4,209.54 4,420.02 4,641.02
Facilities Maintenance Worker II 47

3,973.18 4,171.84 4,380.43 4,599.45 4,829.42
Housing & Economic Development Specialist I 66

4,800.02 5,040.02 5,292.02 5,556.62 5,834.45
Housing & Economic Development Specialist II 76

5,302.20 5,567.31 5,845.68 6,137.96 6,444.86
2022-2025 LiUNA_MOU
Revised: 2022-06 40
Human Services Specialist 73 5,146.29 5,403.60 5,673.78 5,957.47 6,255.34 Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Neighborhood Improvement Officer I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Neighborhood Improvement Officer II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Park Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Park Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Project Coordinator 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Recreation Coordinator 42 3,780.37 3,969.39 4,167.86 4,376.25 4,595.06 Senior Facilities Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker/Facilities
Technician 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Senior Wastewater Treatment Plant Operator 68 4,896.52 5,141.35 5,398.42 5,668.34 5,951.76 Senior Water Utility Worker 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Transportation Coordinator 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Wastewater Treatment Plant Maintenance
Technician Trainee 46 3,933.87 4,130.56 4,337.09 4,553.94 4,781.64 Wastewater Treatment Plant Maintenance
Technician I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Wastewater Treatment Plant Maintenance
Technician II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Wastewater Treatment Plant Operator I 49 4,053.06 4,255.71 4,468.50 4,691.93 4,926.53 Wastewater Treatment Plant Operator II 59 4,477.06 4,700.91 4,935.96 5,182.76 5,441.90 Wastewater Treatment Plant Operator-InTraining 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Water Utility Worker I 45 3,894.89 4,089.63 4,294.11 4,508.82 4,734.26 Water Utility Worker II 55 4,302.39 4,517.51 4,743.39 4,980.56 5,229.59 2022-2025 LiUNA_MOU
Revised: 2022-06 41
Appendix B
City of Riverbank
Employee Compensation Plan
Effective July 2023

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Account Clerk II 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Accounting Technician 65 4,752.51 4,990.14 5,239.65 5,501.63 5,776.71 Administrative Analyst I 75 5,249.70 5,512.19 5,787.80 6,077.19 6,381.05 Administrative Assistant 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Administrative Clerk 30 3,354.89 3,522.63 3,698.76 3,883.70 4,077.89 Assistant Mechanic 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Assistant Planner 81 5,572.67 5,851.30 6,143.87 6,451.06 6,773.61 Associate Planner 91 6,155.68 6,463.46 6,786.63 7,125.96 7,482.26 Building Inspector I 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Building Inspector II 86 5,856.90 6,149.75 6,457.24 6,780.10 7,119.11 City Mechanic 70 4,994.93 5,244.68 5,506.91 5,782.26 6,071.37 Community Development Specialist I 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Community Development Specialist II 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Construction Inspector I 86 5,856.90 6,149.75 6,457.24 6,780.10 7,119.11 Construction Inspector II 96 6,469.65 6,793.13 7,132.79 7,489.43 7,863.90 Deputy City Clerk 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Engineer Technician I 61 4,567.05 4,795.40 5,035.17 5,286.93 5,551.28 Engineer Technician II 71 5,044.88 5,297.12 5,561.98 5,840.08 6,132.08 Facilities Maintenance Worker I 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Facilities Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Housing & Economic Development Specialist I 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Housing & Economic Development Specialist II 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Human Services Specialist 73 5,146.29 5,403.60 5,673.78 5,957.47 6,255.34 2022-2025 LiUNA_MOU
Revised: 2022-06 42
Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Neighborhood Improvement Officer I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Neighborhood Improvement Officer II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Park Maintenance Worker I 37 3,596.87 3,776.71 3,965.55 4,163.83 4,372.02 Park Maintenance Worker II 47 3,973.18 4,171.84 4,380.43 4,599.45 4,829.42 Project Coordinator 76 5,302.20 5,567.31 5,845.68 6,137.96 6,444.86 Recreation Coordinator 42 3,780.37 3,969.39 4,167.86 4,376.25 4,595.06 Senior Facilities Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Senior Park Maintenance Worker/Facilities
Technician 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Senior Wastewater Treatment Plant Operator 68 4,896.52 5,141.35 5,398.42 5,668.34 5,951.76 Senior Water Utility Worker 64 4,705.46 4,940.73 5,187.77 5,447.16 5,719.52 Transportation Coordinator 53 4,217.60 4,428.48 4,649.90 4,882.40 5,126.52 Wastewater Treatment Plant Maintenance
Technician Trainee 46 3,933.87 4,130.56 4,337.09 4,553.94 4,781.64 Wastewater Treatment Plant Maintenance
Technician I 56 4,345.42 4,562.69 4,790.82 5,030.36 5,281.88 Wastewater Treatment Plant Maintenance
Technician II 66 4,800.02 5,040.02 5,292.02 5,556.62 5,834.45 Wastewater Treatment Plant Operator I 49 4,053.06 4,255.71 4,468.50 4,691.93 4,926.53 Wastewater Treatment Plant Operator II 59 4,477.06 4,700.91 4,935.96 5,182.76 5,441.90 Wastewater Treatment Plant Operator-InTraining 43 3,818.18 4,009.09 4,209.54 4,420.02 4,641.02 Water Utility Worker I 45 3,894.89 4,089.63 4,294.11 4,508.82 4,734.26 Water Utility Worker II 55 4,302.39 4,517.51 4,743.39 4,980.56 5,229.59 2022-2025 LiUNA_MOU
Revised: 2022-06 43
Appendix C
City of Riverbank
Employee Compensation Plan
Effective July 2024

MONTHLY SALARY STEP
TITLE Range A B C D E
Account Clerk I 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Account Clerk II 53 4,386.30 4,605.62 4,835.90 5,077.70 5,331.59 Accounting Technician 65 4,942.61 5,189.74 5,449.23 5,721.69 6,007.77 Administrative Analyst I 75 5,459.69 5,732.67 6,019.30 6,320.27 6,636.28 Administrative Assistant 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Administrative Clerk 30 3,489.09 3,663.54 3,846.72 4,039.06 4,241.01 Assistant Mechanic 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Assistant Planner 81 5,795.58 6,085.36 6,389.63 6,709.11 7,044.57 Associate Planner 91 6,401.91 6,722.01 7,058.11 7,411.02 7,781.57 Building Inspector I 76 5,514.29 5,790.00 6,079.50 6,383.48 6,702.65 Building Inspector II 86 6,091.18 6,395.74 6,715.53 7,051.31 7,403.88 City Mechanic 70 5,194.73 5,454.47 5,727.19 6,013.55 6,314.23 Community Development Specialist I 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Community Development Specialist II 53 4,386.30 4,605.62 4,835.90 5,077.70 5,331.59 Construction Inspector I 86 6,091.18 6,395.74 6,715.53 7,051.31 7,403.88 Construction Inspector II 96 6,728.44 7,064.86 7,418.10 7,789.01 8,178.46 Deputy City Clerk 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Engineer Technician I 61 4,749.73 4,987.22 5,236.58 5,498.41 5,773.33 Engineer Technician II 71 5,246.68 5,509.01 5,784.46 6,073.68 6,377.36 Facilities Maintenance Worker I 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Facilities Maintenance Worker II 47 4,132.11 4,338.72 4,555.66 4,783.44 5,022.61 Housing & Economic Development Specialist I 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Housing & Economic Development Specialist II 76 5,514.29 5,790.00 6,079.50 6,383.48 6,702.65 Human Services Specialist 73 5,352.14 5,619.75 5,900.74 6,195.78 6,505.57 2022-2025 LiUNA_MOU
Revised: 2022-06 44
Maintenance Worker I 37 3,740.74 3,927.78 4,124.17 4,330.38 4,546.90 Maintenance Worker II 47 4,132.11 4,338.72 4,555.66 4,783.44 5,022.61 Neighborhood Improvement Officer I 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Neighborhood Improvement Officer II 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Park Maintenance Worker I 37 3,740.74 3,927.78 4,124.17 4,330.38 4,546.90 Park Maintenance Worker II 47 4,132.11 4,338.72 4,555.66 4,783.44 5,022.61 Project Coordinator 76 5,514.29 5,790.00 6,079.50 6,383.48 6,702.65 Recreation Coordinator 42 3,931.58 4,128.16 4,334.57 4,551.30 4,778.87 Senior Facilities Maintenance Worker 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Senior Maintenance Worker 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Senior Park Maintenance Worker 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Senior Park Maintenance Worker/Facilities
Technician 64 4,893.68 5,138.36 5,395.28 5,665.04 5,948.29 Senior Wastewater Treatment Plant Operator 68 5,092.38 5,347.00 5,614.35 5,895.07 6,189.82 Senior Water Utility Worker 64 4,893.68 5,138.36 5,395.28 5,665.04 5,948.29 Transportation Coordinator 53 4,386.30 4,605.62 4,835.90 5,077.70 5,331.59 Wastewater Treatment Plant Maintenance
Technician Trainee 46 4,091.22 4,295.78 4,510.57 4,736.10 4,972.91 Wastewater Treatment Plant Maintenance
Technician I 56 4,519.24 4,745.20 4,982.46 5,231.58 5,493.16 Wastewater Treatment Plant Maintenance
Technician II 66 4,992.02 5,241.62 5,503.70 5,778.89 6,067.83 Wastewater Treatment Plant Operator I 49 4,215.18 4,425.94 4,647.24 4,879.60 5,123.58 Wastewater Treatment Plant Operator II 59 4,656.14 4,888.95 5,133.40 5,390.07 5,659.57 Wastewater Treatment Plant Operator-InTraining 43 3,970.91 4,169.46 4,377.93 4,596.83 4,826.67 Water Utility Worker I 45 4,050.69 4,253.22 4,465.88 4,689.17 4,923.63 Water Utility Worker II 55 4,474.49 4,698.21 4,933.12 5,179.78 5,438.77 2022-2025 LiUNA_MOU
Revised: 2022-06 45
Appendix D
Flexible Staffing Program
Purpose
The purpose of flexible staffing is to provide non-competitive promotional opportunities to employees assigned to certain classifications. The program establishes criteria for promotion from the entry-level I position, to the journey level (II, Sr.). The program serves to increase worker skills and encourage cross training in related fields in order to provide more effective use of available resources.

Program Guidelines
The following guidelines shall apply to all classifications, which are a part of the flexible staffing program:

1. The employee must receive an overall rating in his/her performance appraisal of an average of “three” or better for two years prior to promotion and have no ratings of “one” in those two years.

2. The employee must have exhibited that he/she can satisfactorily perform the duties and exhibit knowledge and abilities contained in his/her current job description prior to being eligible to promote.

3. The employee must meet experience, education, certification(s) and driver’s license criteria established for promotion to the next higher-level class to be considered for promotion.

4. Employees must be able to demonstrate their ability to perform a range of practical skills related to actual job requirements and pass a written examination.

5. A minimum of three years’ experience as a regular full-time employee at the entry-level I position is required prior to promotion.

Flexible Staff Positions
Public Works Department
Maintenance Worker
Senior Maintenance Worker

Item 11.3 - CC / LRA 6/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject: Adopt a Resolution to Approve the McRoy Wilbur Communities System Development Fees/Credits and to Defer the System Development Fees for the Countryside III Subdivision
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
It is recommended that the City Council consider and approve the Resolution (Attachment 1) approving the McRoy-Wilbur Communities System Development Fees and Credits assessed on the construction of dwelling units in the Countryside III subdivision and deferring their payments of the System Development Fees to Building Final.

SUMMARY
This item has been brought forward to the City Council for consideration because McRoy Wilbur Communities is able to receive fee credits for some of the work they have done.

These credits affect the amount of fees they need to pay. In addition, McRoy-Wilbur Communities has submitted a written request to defer payments for System Development Fees (Attachment 2), which will be assessed on the construction of homes in the Countryside III subdivision. They are not disputing these fees, only asking for an alternate timing of payments. There is currently no administrative process to consider these requests at staff level and therefore, the request has been brought forward to the City Council for consideration.

BACKGROUND
The City currently collects System Development Fees at Building Permit issuance to defray the impact of new development as authorized by Government Code §66000- 66025. The City’s System Development Fee program is codified in §150.30 titled “System

Item 11.3 - CC / LRA 6/14/2022
Development Fees” which establishes the authority for imposing and charging the fees.

System Development fees are collected in order to:
1) To provide an adequate and constant method for the financing of the unfunded portion of need systems development costs throughout the city, reasonably related to projected community growth.
2) To promote the orderly and efficient expansion of public improvements to adequately meet the domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development. 3) To ensure the continuation of necessary services including, but not limited to, police and general administrative services.
4) To establish equitable methods for minimizing public facility and service costs to the city associated with new development.

As defined within Riverbank’s municipal code, System Development Fees are charged to new construction, including the expansion of and/or the addition to an existing, nonresidential structure, to mitigate the unfunded portion of the determined impact of the development.

On May 31, 2022, the City received a request from Mark Wilbur (Attachment 2) to defer the System Development Fees from payment at Building Permit issuance to final inspection. This project, the Countryside III subdivision, is assessed the following fees per dwelling unit:

System Development Fee Type 2022 Amount
Streets/Public Works $3,079.28
Water $7,251.83
Waste Water $3,162.08
Storm Drain $7,146.09
Parks and Recreation $4,038.88
Police/General Government $1,462.34
5% Administrative Fee* $1,375.82
Total System Development Fees $27,516.32
Plus $100.00 deferral processing fee = $27,616.32 per dwelling unit McRoy Wilbur Communities is due credits for:

Total Fee Credit Per Lot (Water) is $5,231.31.

Item Description SDF 2022
$
Projected Costs Notes Fee Credit Per Lot
1 12” water line $7,251.83 $88,530.00 22 lots $4,024.09 30% P, S, & E $26,559 22 lots $1,207.23
Total Reimbursable Cost $115,089 22 lots $5,231.31

Item 11.3 - CC / LRA 6/14/2022
McRoy-Wilbur Communities had these same fees deferred on their Diamond Bar West, California Estates, Countryside I, and Countryside II subdivisions, which are built out or under construction. Without exception, the company has followed through and paid all their deferred fees at Building final. Like Countryside I, for this proposed deferral, the initial payment at building permit issuance would include all the normal permit fees (building permit fees, administrative fee*, plan check fee, seismic residential fee, etc.) plus $100 for processing the deferral. The Total System Development Fees in the chart above minus the administrative fee*, would be deferred until the final building inspection of a dwelling unit. The City will process and record a lien on the property with the Stanislaus County Recorder. In order to gain a final inspection, the lien must be cleared.

Upon receiving payment, the City will place a record of release of lien on the property.

This deferral would apply only to Riverbank’s System Development Fees. It does not include any fees imposed by any other agencies such as the fire districts, school districts, or Stanislaus County.

ANALYSIS
The City Manager and Planning and Building Manager analyzed the request received from McRoy-Wilbur Communities. An evaluation of the potential impacts of this project was considered and the following determinations were made:
1) By allowing a portion of the fees to be paid prior to final inspection, it makes the financing of the project easier for the developer; and
2) As a small builder forced to use internal funding and private investors for construction, they are provided with leverage and can start more homes at one time; and
3) A faster build-out of the project is created, thus generating more and sooner tax revenue for the City.

Based on the analysis performed, staff recommends that the City Council consider the deferral of System Development Fees to encourage construction and thereby, job growth.

FINANCIAL IMPACT
The System Development Fee program is designed as a mechanism to collect impact fees to build infrastructure necessary to support new growth City-wide. Careful evaluation of each proposed project is necessary to understand potential funding shortfalls which might be created as a result of granting fee deferral or waiver requests. In the case presented above, partial fees would be deferred but not waived. Therefore, no financial impact is expected by the deferral other than a delay in payment.

Item 11.3 - CC / LRA 6/14/2022

STRATEGIC PLAN
This item is indirectly related to the City’s Strategic Plan through the System Development Fee program update.

ATTACHMENTS

1. Draft City Council Resolution 2022-

2. McRoy-Wilbur Communities Fee Deferment Request
ATTACHMENT 1

CC/LRA – 06/14/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

APPROVING SYSTEM DEVELOPMENT FEES AND CREDITS FOR

MCROY WILBUR COMMUNITIES FOR

COUNTRYSIDE III AND DEFERRING THOSE FEES

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, it is necessary as established in the Riverbank Municipal Code for the proper and effective operation of City Government to establish, amend, or authorize fees for services in order to provide for the financial support of City Government; and WHEREAS, from time to time, the City Council reviews the fees to ensure that they are adequately supporting the operation of City Government; and WHEREAS, McRoy Wilbur Communities has requested the City Council provide credits and defer the System Development Fees assessed on the construction of Countryside III dwelling units from Building Permit issuance to Building Permit final.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the fee credits and the deferment of the System Development Fees for the Countryside III Project.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of June, 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: McRoy-Wilbur Communities Fee Deferment Request 31 May 2022
Donna Kenney:

Please consider this letter as a formal request to the Riverbank City Council for a partial fee deferral on our upcoming Countryside 3 project. As we have previously discussed, fee deferral has become customary in most cities. This practice, to the best of our knowledge, has had a positive result for both the builder and the municipality. Fee costs have risen to a point where they compose thirty-five to forty percent of the total construction costs. By allowing fees to be paid prior to the final inspection it drastically helps make financing of the project easier. It also helps create a faster build-out of the project, thus generating more tax revenue for the city. It poses no risk for the city as there can be no occupancy until all fees have been paid.

The city of Riverbank had been generous enough to grant us deferred fees with previous projects, and Stanislaus County defers all of their fees until the close of escrow. Under the current model , initial payment would include:

Building Permit, Plan Check, Energy Compliance, Plumbing, Mechanical, and Electrical. The remaking balance will be paid prior to the final inspection.

We appreciate your time and consideration, along with your willingness to work together to achieve the best results for the city of Riverbank and its current and future residents.

Sincerely,
Ian Wilbur for Mark Wilbur
Secretary
McRoy-Wilbur Communities
209-596-1278
[email protected]
far
ATTACHMENT 2

Item 11.4 – CC/LRA – 06/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.4
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject/ Title: A Resolution to Adopt 5–Year Capital Improvement Plan (CIP) for Street and Road Improvements for Fiscal Years 2022-2027.

From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Admin. Manager

RECOMMENDATION
It is recommended that the City Council review and adopt the 5–Year Capital Improvement Plan (CIP) for Street and Road Improvements for Fiscal Years 2022-2027.

STAFF SUMMARY
The 5-year Capital Improvement Plan (CIP) is being presented to the City Council for Street and Road Improvement Projects for Fiscal Year 2022-2027. The CIP is a management, planning, and fiscal tool used to ensure public improvements are initiated and provides for the orderly development of projects in Riverbank. This program provides the blueprint for identifying the City’s improvement needs so that projects can be prioritized, scheduled, and funded.

The City of Riverbank’s 5-Year Capital Improvement Plan is reviewed and updated annually to make sure major public improvements are planned and an overall view of the City’s needs are presented and reviewed by Council. The CIP is a work in progress and is a document to show transparency in the projects staff is managing, planning, and researching funding sources to complete the projects.

The inclusion of new projects in this CIP list does not automatically mean that Council has authorized the project to proceed. The City Council must approve each project plan concept, funding plan, and schedule.

Item 11.4 – CC/LRA – 06/14/2022

PLANNING TOOL
It is important to note that the CIP is not a budget document but rather a planning tool to be utilized in conjunction with the budget document. Inclusion of a new project in the proposed CIP project list does not in and of itself constitute final project approval. Each project, or grouping of projects, such as street projects, require a specific implementation and financing plan, possible environmental review, and collaboration with other agencies such as Burlington Northern Santa Fe Railroad, and Caltrans. Each capital improvement or equipment purchase requires specific City Council action at each major milestone. A comprehensive review of proposed CIP projects is conducted each year by City departments and the City Manager.

The proposed CIP for Streets and Roads represents total improvement costs of $25,143,519 over a five-year period. This year’s CIP attempts to balance the wide array of street and road improvements while realizing budget constraints.

FISCAL IMPACT
For Fiscal Year 2022-2023 the financial impact to the City is as follows:

SB 1 – Local Streets and Roads Funding $ 552,862
STBGP – Surface Transportation Block Grant Program $1,096,950 CMAQ - Congestion Mitigation Air Quality Funds $2,419,725 Measure L – Stanislaus County Sales Tax Measure $2,134,370 LTF – Local Transportation Funds $ 50,000
Fund 205 - SDF – Streets Public Works $2,504,914
TOTAL FUNDS FOR FY 2022-2023 $8,758,821

ATTACHMENTS

1. City of Riverbank 2022-2027 Streets and Roads Capital Improvement Plan

2. Draft City Council Resolution 2022-
ATTACHMENT 1

CC/LRA – 05/24/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
ADOPTING A 5-YEAR CAPITAL IMPROVEMENT PLAN (CIP) FOR STREET AND ROAD IMPROVEMENTS FOR FISCAL YEARS 2022-2027

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, The Riverbank City Council has reviewed the 5-Capital Improvement Plan (CIP) for Streets and Roads presented by staff for the Fiscal Years 2022-2027; and WHEREAS, The City will continue to closely monitor funding and fiscal processes and make adjustments to the plan as needed; and
WHEREAS, the Street and Road Project Appropriations listed for Fiscal Year 2022-2023 totals $8,758,821; and
WHEREAS, the 5- Year Capital Improvement Plan for Streets and Roads represents total improvement costs of $25,143,519; and
WHEREAS, the 5-Year Capital Improvement Plan for Streets and Road Projects will be used as a planning tool to be used in conjunction with the budget document; and WHEREAS, each Capital Improvement requires specific City Council action at each major milestone; and
WHEREAS, each year a comprehensive review of proposed Capital Improvement Plan projects will be conducted and presented to Council; NOW, THEREFORE, BE IT RESOLVBED that the City Council of the City of Riverbank hereby approves the 5-Year Capital Improvement Plan for Streets and Roads as presented and furthermore encourages prudent expenditures by staff in implementing the 5-Year Capital Improvement Plan for Fiscal Years 2022-2027.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th day of June, 2022; motioned by Councilmember ___________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of _____:

CC/LRA – 06/14/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

Attest: Approved:
_________________________ ___________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: 5-Year Capital Improvement Plan for Streets and Roads CITY OF RIVERBANK 2022-2027 STREETS & ROADS CAPITAL IMPROVEMENT PLAN Project Name Project # Funding 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Total

STREETS
Topeka Street Overlay - Callander Avenue to Jackson Avenue STR-097 SB-1 390,850 390,850 Valley Gutter Repair/Replace - Second Steet @ Riverside STR-095 SB-1 65,192 65,192 Valley Gutter Repair/Replace - Stanislaus Street @ Seventh Street STR-098 SB-1 96,820 96,820 Second Street Overlay - Atchison Street to Sierra Street STR-099 SB-1 320,000 320,000 Pavement Restoration Project - Crack Seal Various Local Roads STR-090 SB-1 50,000 50,000 50,000 50,000 200,000 Overlays and Slurry Seals - Roads to be determined STR-091 SB-1 524,000 524,000 524,000 524,000 2,096,000 Oakdale Road Improvements - MID Canal to Northerly Limits of Crossroads West Unit 1 STR-089 Fund 205 1,904,914 1,904,914 Patterson Road Sidewalk & ADA Improvements - Callander Avenue to Roselle Avenue STR-104 CMAQ 514,030 514,030
Patterson Road Overlay - Claus Road to Snedigar Road STR-105 STBGP 554,678 554,678 Overlay - Road to be determined STR-106 STBGP 554,678 554,678 Signal Light Patterson @ Roselle/Ped Railroad Crossing/Sidewalk Infill along Roselle & Patterson Roads including BNSF improvements STR-035

CMAQ/STBGP
Fund 205 2,580,093 2,580,093
Patterson Road Overlay - Eighth Street to Claus Road
First Street Overlay - Atchison Street to Bridge STR-085 Measure L 888,926 888,926 Santa Fe Bridge Deck Overlay - Design & Construction STR-086 Measure L/
HBP 50,000 1,300,000 1,350,000
Roselle Avenue Sidewalks, ROW, Drainage - Patterson to Pocket (East Side) STR-066

CMAQ/LTF/
Measure L 430,000 430,000
Callender Avenue Complete Streets Project (Phase I)
Bicycle/Pedestrian/Traffic Management - (Topeka to Santa Fe) STR-077 Measure L/
STBGP/ CMAQ 901,493 901,493
Roselle @ Morrill Intersection Improvements -
ROW/Design/Construction STR-049
Measure L/
Fund 205/
CMAQ 433,352 433,352
Santa Fe Street Overlay (Fifth Street to Seventh Street) STR-081 STBGP/
Measure L 866,503 866,503
Pavement Restoration 2023 - Micro Slurry Seal Various Roads STR-100 Measure L 891,582 891,582 Pavement Restoration, Overlays - to be determined STR-103 Measure L 1,000,000 1,000,000 1,000,000 3,000,000 Bike & Pedestrian Projects - to be determined STR-104 Measure L 105,000 105,000 105,000 105,000 420,000 Traffic Management Projects - to be determined STR-105 Measure L 210,000 210,000 210,000 210,000 840,000 CITY OF RIVERBANK 2022-2027 STREETS & ROADS CAPITAL IMPROVEMENT PLAN Project Name Project # Funding 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Total Pedestrian Crosswalk Safety Improvements - Locations to be determined STR-101 Measure L 30,000 30,000
Traffic Calming Safety Improvements - Locations to be determined STR-102 Measure L 40,000 40,000 Claribel Road Overlay (Squire Wells to West of Roselle Avenue) STR-082 Measure L 404,220 404,220 Claus Road Pedestrian Sidewalk Project (RR Tracks to Sierra Street) STR-096 Measure L 130,778 130,778 Roselle Avenue Pedestrian Access over MID Canal STR-075 Measure L/
CMAQ 399,850 399,850
Alley Improvements - Between Texas & Kansas STR-031 TBD 100,000 100,000 Parsley Lane - Alley Improvements STR-068 TBD 146,630 146,630 RR Xing Improvements Patterson near Terminal STR-054 Fund 205 342,000 342,000 RR Xing & Intersection Improvements First Street near Patterson STR-052 TBD 311,000 311,000 RR Xing Improvements Third Street near Patterson STR-051 TBD 311,000 311,000 RR Xing Improvements Eighth Street near Patterson STR-053 TBD 311,000 311,000 Burney Court Reconstruction & ADA Improvements STR-088 TBD 503,930 503,930 Patterson Road Bioretention/Bike & Pedestrian Path (North Side) - Terminal to Claus STR-047 TBD 1,200,000 1,200,000
Roselle Avenue Bike/Pedestrian Path - Crawford Road to Sylvan Avenue STR-056 TBD 1,614,000 1,614,000 STREETS TOTALS 8,758,821 5,323,460 1,889,000 2,443,678 6,728,560 25,143,519 SB -1 - Local Streets and Roads Funding
Measure L - Stanislaus County Sales Tax Measure
CMAQ - Congestion Mitigation Air Quality
STBGP - Surface Transportation Block Grant Program
HBP - Highway Bridge Program
Fund 205 - System Development Fees Public Works
TBD - Funding Source Not Determined
LTF - Local Transportation Funds

Item 11.5 – CC/LRA – 06/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.5
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject: Declaration of Water Emergency per EO N-7-22
From: Marisela Garcia, City Manager
Submitted by: Michael Riddell, Public Works Superintendent

RECOMMENDATION
Staff recommends the adoption of the resolution to declare a water shortage emergency and implement the water shortage response actions identified in the current Water Shortage Contingency Plan, adopted October 26, 2021 in conjunction with the 2020 Urban Water Management Plan. Declaration of a water shortage emergency is required to comply with California Governor’s Executive Order (EO) N-7-22, issued March 28, 2022, requiring urban retail water suppliers to implement water shortage response actions for “a shortage level of up to twenty percent” as outlined in their respective Water Shortage Contingency Plans (WSCP).

If approved, the water shortage response actions would implement further water use management efforts by the City to accomplish an estimated twenty-one percent total water savings of unconstrained demand (estimated water demand assuming no restrictions). The City has already implemented several demand management measures for which a contribution to total water savings has be considered. An additional element of EO N-7-22 is the requirement that owners and managers of commercial, industrial, and institutional properties not use potable water for irrigating “non-functional turf.” The text herein helps serve as a communication of the State Water Resources Control Board (Water Board) ban on irrigating commercial, industrial, and institutional non-functional turf.

BACKGROUND
In order to comply with the statewide Executive Order N-7-22 (EO N-7-22) issued on March 28, 2022, each urban retail water supplier, which includes the City of Riverbank,

Item 11.5 – CC/LRA – 06/14/2022
is required to implement, at a minimum, the water shortage response actions towards achieving a minimum twenty percent (20%) in water savings, i.e., a Level 2 WSCP shortage level. A WSCP shortage level contains multiple water shortage response actions, and in this case, level 2 water shortage actions outlined in the WSCP correspond to water savings of twenty percent (20%) or more. Because of the City’s current water use restrictions and limitations, the following water savings measures are already in place for which water savings are expected to currently be realized:

1. The three (3) days per week outdoor watering schedule for the months of April to October.

2. The public information campaign promoting water conservation.

3. Prohibition of potable water use for the purpose of washing hard surfaces such as sidewalks, streets, and building sides.

4. Prohibition of washing commercial and noncommercial privately owned automobiles, trucks, trailers, motor homes, boats, buses, and other types of vehicles is restricted to the use of a hand-held bucket and quick rinses using a hose with a quick-acting positive shut-off nozzle.

5. City’s use of Advanced Metering Infrastructure (AMI), including the ability to integrate the AquaHawk AMI customer portal into customer billing. The AquaHawk AMI portal allows water customers to track hourly water consumption, manage water usage, and customize alert settings. Additional water savings are expected as more customers register for the free service.

The City’s implementation of the above water savings measures is estimated to accomplish a sixteen percent (16%) reduction in otherwise unconstrained water use.

Additional water conservation measures need to be considered in order to accomplish the EO N-7-22 required twenty percent (20%) water use reduction. The following additional measures are recommended to achieve compliance toward the EO N-7-22 twenty percent (20%) water use reduction and are estimated to result in a total water savings of twenty-one percent (21%) as compared to the unconstrainted use. These recommended actions include:

A. Increasing water waste patrols while outdoor watering schedule limitations are in place; and,
B. Further promoting use of the AquaHawk AMI that aids rapid leak detection and notification, among other water savings benefits. Marketing of this free portal service with the objective of registering more customers will be communicated through multiple mediums, including:
o City social media accounts;
o Bill inserts directing customers to the customer portal; and o Local media that will be encouraged to feature the service.

The analysis of the aforementioned water conservation measures are a direct result of the City’s preparation of the 2022 Annual Water Supply and Demand Assessment (AWSDA). A final report of assessment findings will be submitted to the Department of Water Resources prior to July 1, 2022.

Item 11.5 – CC/LRA – 06/14/2022
EO N-7-22 also includes a provision that the Water Board consider further define “nonfunction turf” and ban the irrigation of commercial, industrial, and institutional nonfunctional turf except as it may be required to ensure the health of trees and other perennial non-turf plantings. Per the Water Board, non-functional turf is a ground cover surface of mowed grass that is ornamental and not otherwise used for human recreation purposes. It does not include school fields, sports fields, and areas regularly used for civic or community events. Irrigation of non-function turf on a commercial, industrial or institutional property is made an infraction by EO 7-22. The Water Board states that any entity already authorized to enforce infractions, such as a water supplier or local government, may choose to enforce violations of the regulation.

ATTACHMENTS

1. Draft City Council Resolution 2022-

2. Executive Order N-7-22

3. Second Water Conservation Emergency Regulation of 2022 Frequently Asked Questions
ATTACHMENT 3

CITY OF RIVERBANK
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

DECLARING A WATER SHORTAGE EMERGENCY AND

IMPLEMENTATION OF ADDITIONAL SHORTAGE RESPONSE ACTIONS

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the Executive Department of the State of California issued an Executive Order N-7-22 on March 28, 2022 requiring Urban Retail Water Suppliers to implement the shortage response actions adopted under California Water Code Section 10632 for a shortage level of up to twenty percent (Level 2); and, WHEREAS, the City’s 2020 WSCP as contained in Section 8 of the 2020 Urban Water Management Plan, in accordance with State requirements, lists shortage response actions to be taken by the City under certain projected shortage conditions; and, WHEREAS, the City Council directs the implementation of water shortage response actions, namely an increase of outdoor water waste patrols and an increase in promotion of the AquaHawk portal that allows for customer monitoring and tracking of water use.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves and adopts the declaration of a water shortage emergency and water shortage response actions necessary to achieve twenty percent reductions based on unconstrained demand.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 14th of June 2022; motioned by __________________, seconded by _________________, and upon roll call was carried by the following City Council vote of _____:

AYES:

NAYS:

ABSENT:

ABSTAINED:

CC/LRA – 06/14/22
CC Resolution No. 2022-___
ATTEST: APPROVED:
_______________________ _______________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachments: Executive Order N-7-22
(City Clerk Certification Stamp)

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
ATTACHMENT 3
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
Second Water Conservation
Emergency Regulation of 2022
Frequently Asked Questions
Updated: June 6, 2022
General Information
1) Where can I find information on the State Water Board's second water conservation emergency regulation of 2022?
You can find updated documents and subscribe to the Water Conservation Regulations email list for announcements on the State Water Board’s Water Conservation Emergency Regulations webpage.
2) When will the emergency regulation be in effect?
The emergency regulation is expected to become effective on or about June 16, 2022.

The official date will be posted on the Water Conservation Emergency Regulations webpage.
3) How long will the emergency regulation be in effect? Once the emergency regulation takes effect, it will remain in effect for one year, unless the State Water Board (Board) modifies it, readopts it, or ends it before then. 4) Where can I find the adopted emergency regulation?
The adopted regulation text is available on the Board’s Water Conservation Emergency Regulations webpage.
5) What is now required?
· Urban water suppliers must submit preliminary supply and demand assessments to the Department of Water Resources by June 1, 2022.
· Urban water suppliers must implement all conservation actions in their locally adopted plans meant to address at least a water shortage level of 10 to 20 percent (Level 2) by June 10, 2022.
· Owners and managers of commercial, industrial, and institutional properties must not use potable water for irrigating non-functional turf.

Non-Functional Turf
6) What is “turf”?
Turf means “a ground cover surface of mowed grass.” This official definition of turf can be found in section 491 of title 23 of the California Code of Regulations.

ATTACHMENT 3
2 7) What is “non-functional turf”?
Non-functional turf is a ground cover surface of mowed grass that is ornamental and not otherwise used for human recreation purposes. Non-functional turf does not include school fields, sports fields, and areas regularly used for civic or community events. 8) Does the non-functional turf irrigation ban apply to residential properties?
No, residential properties may continue to irrigate turf, subject to local rules. The Board encourages people to reduce turf irrigation on their properties and to convert turf to water-wise plants, but those are not required by this regulation. For more information and practical tips for converting your landscape and making your yard more water-wise, visit SaveOurWater.com.
9) Are there any exceptions to the non-functional turf irrigation ban? The ban only applies to irrigation of non-functional turf in the commercial, industrial, and institutional sectors and only applies to irrigation with potable water. It does not apply to residential lawns or any turf that is regularly used for human recreational purposes, such as community spaces, or sports fields and other turf spaces used for recreation or events. The regulation does not ban the irrigation of trees or other non-turf plantings.

There is an exemption process available for certain low water using turf species and irrigation approaches. To be exempt from the ban, an owner or manager must provide to their water supplier evidence that they have met two requirements: (1) the user must certify that the turf species needs low levels of water (a plant factor of 0.3 or less; “plant factor” is a factor used to estimate the amount of water needed by plants – see section 491 of title 23 of the California Code of Regulations) and (2) the user must demonstrate that the turf is irrigated in a way that uses low levels of water (less than 40 percent of reference evapotranspiration). For more information on plant factors and reference evapotranspiration, see the state's Model Water Efficient Landscape Ordinance. 10) May people use recycled water or greywater to irrigate turf? Yes, however the Board encourages people to prioritize irrigation of trees and other plants due to the severity of the drought and the amount of water required for turf. 11) Does the regulation affect trees? Do urban trees need to be watered?
The regulation does not restrict the watering of trees, just turf. Although most mature trees often require little to no irrigation, some species do. The Board urges people to continue to water trees, even while reducing or stopping the irrigation of turf. Trees that are just getting established may need to be watered more frequently, including hand watering. Trees near or on non-functional turf could be impacted by some responses to the ban on turf irrigation, but the regulation allows continued irrigation of trees even if turf, such as turf under trees, will receive water. For more information about tree species and water needs, visit the Save Our Trees section within SaveOurWater.com. 3 12) Who will enforce the non-functional turf prohibition? Water suppliers and local governments are expected to communicate the ban on irrigation of non-functional turf to their commercial, industrial, and institutional customers. The emergency regulation makes violations of the ban an infraction: any entity that is already authorized to enforce infractions, such as a water supplier or local government, may choose to enforce violations of the regulation.

In addition, anyone may report water waste, including irrigation of non-functional turf on a commercial, industrial, or institutional property, to the Board at SaveWater.CA.Gov.

The Board may use its enforcement authority to respond to violations of the regulation. 13) What actions may a water supplier or local government (or any entity already authorized to enforce infractions) take to enforce violations of the regulation? What actions may the Board take? Local or Board enforcement may include warning letters, conservation orders, and fines (up to $500 per day). The Board also encourages agencies to provide additional assistance to disadvantaged communities and translate conservation announcements and materials into the languages spoken at properties in commercial, industrial, and institutional sectors.
14) Where can I report water waste violations?
You can report water waste violations online at SaveWater.CA.Gov. These reports are sent to local water suppliers and the Board. The website allows you to upload photos, which helps with enforcement decision-making.

Homeowners’ Associations (HOAs) & HOA Residents
15) Does this regulation apply to HOAs?
Yes, but only to non-functional turf on property the homeowners’ association (HOA) owns, not residences. While an individual’s property is considered residential, property owned and maintained by an HOA is considered the same as landscapes owned and maintained by commercial or institutional entities. This means that the regulation does not prevent homeowners from irrigating turf; it prohibits the irrigation of non-functional turf (with potable water) on property an HOA owns. However, the regulation does not ban the irrigation of turf used for recreation or community activities. 16) Who decides if turf is functional?
An HOA should review areas of turf that it maintains, consult with residents, and determine whether the turf is functional or not. Water suppliers may defer to HOAs’ determinations that specific areas of turf are used for recreation or community events.

However, water suppliers also retain the authority to enforce the irrigation ban if there is a documented violation.
4 17) Can my HOA stop me from conserving water?
No. Homeowners may remove their lawns and replace them with water-wise plants. If you install water-efficient landscaping during the drought, your HOA cannot prevent you from maintaining it or require you to remove it when there is no longer a drought state of emergency. Additionally, your HOA cannot impose a fine or assessment for reducing or eliminating the watering of vegetation or lawns during a drought state of emergency, nor can it prohibit, or include conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. For more information and practical tips for making your yard more water-wise, visit SaveOurWater.com. 18) Are apartment buildings considered part of the commercial, industrial, and institutional sectors?
Most apartment buildings are part of the residential sector and therefore not subject to the ban on irrigation of non-functional turf. However, apartment buildings may also include commercial facilities, such as ground floor businesses or other commercial operations on site, in the same manner as HOAs (see above). Apartment building owners and managers should check with their water supplier to see whether their building or complex may be considered, in part, commercial, industrial, or institutional and would therefore have some landscaped areas subject to the same rules (and exclusions) as similarly situated landscaped areas in HOAs.

Water Shortage Response Actions
19) Where are instructions for suppliers to submit preliminary annual supply and demand assessments?
Annual supply and demand assessments should be submitted to the Department of Water Resources. Instructions for submitting this information can be found on the Department of Water Resources website.
20) By when must urban water suppliers that have not yet implemented Level 2 water shortage response actions do so? Per the regulation, urban water suppliers must implement Level 2 demand reduction actions by June 10, 2022.
21) What are Level 2 water shortage response actions?
For most urban water suppliers, water shortage responses have been adopted in the supplier’s water shortage contingency plan and include actions intended to respond to a water shortage of 10 to 20 percent. Examples of Level 2 actions include rebate programs, drought rate structures, expanding information campaigns, and restrictions on outdoor irrigation days and times.
22) Are drought rate structures required?
Water suppliers are required to either implement drought pricing or enact a water waste ordinance (see Water Code sections 365-367). When implementing drought pricing, 5 water suppliers should design rates or surcharges to incentivize conservation by highuse customers. Information on conservation pricing is available on the Board’s website. 23) If a water supplier has adequate supply according to its supply and demand assessment, why is it required to implement Level 2 demand reduction actions?
The severity of this new normal makes it imperative that all Californians save water in every way possible. The drought emergency is statewide, and conservation is important to extend supplies so that more water is left for the future and for the environment. All water suppliers can support California’s water resilience through additional conservation. See Question #27 for clarification on which water suppliers may take alternative compliance actions.
24) Are water suppliers required to implement all demand reduction actions in Level 2 of their plan?
Yes, water suppliers are required to implement all of their Level 2 demand reduction actions. However, they do not have to implement new residential connection moratoria if that is one of their Level 2 actions. See Question #27 for clarification on which water suppliers may take alternative compliance actions.
25) Are water suppliers required to implement Level 2 actions that do not reduce the demand for water?
Supply augmentation actions identified in Level 2 of a supplier’s water shortage contingency plan are not required by this regulation; only Level 2 demand reduction actions are required.
26) What if an urban water supplier has not defined Level 2 water shortage response actions?
If an urban water supplier has not already complied with the preexisting requirement to submit a water shortage contingency plan to the Department of Water Resources, then, by July 10, 2022, they are required to implement the minimum demand reduction actions listed in the regulation: (1) a public information and outreach campaign, (2) a weekly irrigation schedule, and (3) bans on water uses as prohibited in the Board’s January 2022 emergency regulation. For more details, see the regulation on the Water Conservation Emergency Regulations webpage. These actions were adopted after considering suggestions from the Department of Water Resources and public comment. 27) Which suppliers may take alternative compliance actions? Water suppliers may elect to implement the minimum actions required of suppliers that have not yet submitted water shortage contingency plans instead of all their Level 2 demand reduction actions if they meet the following criteria: (1) their annual water supply and demand assessment demonstrates an ability to maintain reliable supply until September 30, 2023; (2) they do not rely on, for any part of their supply, the Colorado River, State Water Project, or Central Valley Project, and no more than 10 percent of 6 their supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources; and (3) their average number of gallons of water used per person, per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
28) Does the regulation require urban water suppliers to implement Level 3 actions?
No, but Governor Newsom has encouraged all urban water suppliers to implement stronger actions that would respond to water shortages of up to 30 percent (Level 3 actions).

Other Information
29) Am I subject to both this new regulation and the one adopted in January 2022 that prohibits certain wasteful water-use practices? Yes. Both regulations are currently in effect. (The earlier emergency regulation adopted in January 2022 will remain in effect until January 18, 2023, unless the Board acts to end, modify, or readopt it before then). This means that turf irrigation that is not prohibited must still be done in a manner that does not cause water to flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
30) How is the Board advancing drought resilience and water conservation for the long-term?
Among other ongoing activities related to water rights and water quality, the Board is working on regulations to Make Conservation a California Way of Life, including adopting long-term standards for the efficient use of water and water loss performance standards for urban retail water suppliers. The Safe and Affordable Funding for Equity and Resilience (SAFER) program supports permanent and sustainable drinking water solutions that ensure all Californians have access to safe, affordable, and reliable drinking water. For information and updates on the Board’s drought activities, visit the Board’s Drought website.

Item 11.6 – CC/LRA – 06/14/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.6
SECTION 11: NEW BUSINESS
Meeting Date: June 14, 2022
Subject: Adopt a Resolution Establishing the Turf Replacement Program Guidelines in the City of Riverbank
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council consider adopting a resolution that will establishment the guidelines of a turf replacement program in the City of Riverbank.

SUMMARY
During the adoption of the Fiscal Year 2021-22 Annual Operating Budget, the City Council allocated $25,000 towards the establishment of a Turf Replacement Program. Tonight’s item will establish the guidelines for this program and allow for implementation as of July 1, 2022.

BACKGROUND
California and the western United States are experiencing a severe climate-driven drought. Climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in a continuing drought in all parts of the State. This had led the State Water Resources Control Board (“State Water Board”) to enact emergency regulations to aid in urban water conversation. The emergency regulation requirements include the following:
• Commercial, industrial, and institutional decorative grass should not be watered* • Give all trees just what they need: avoid overwatering • Follow the local requirements of your water supplier
• Urban water suppliers should implement all Level 2 demand reduction actions by June 10, 2022*
(* Note: Unless otherwise allowed in the regulation)

Item 11.6 – CC/LRA – 06/14/2022
The City Council has contemplated enacting certain actions that are detailed in the City of Riverbank’s Water Shortage Contingency Plan (WSCP) in order to encourage the reduction of water usage throughout the City. The most consequential, immediate actions that our residents can take to extend available supplies is to voluntarily reduce their water use by implementing certain measures.

TURF REPLACEMENT PROGRAM
In an effort to encourage A reduction in water usage, the City Council has allocated via the annual budgeting process, $25,000 towards the establishment of a Turf Replacement Program. After gathering information, staff processes the following program guidelines for this program:

Who Qualifies?
• City of Riverbank customers who pay a water utility bill to the City of Riverbank. • Customer accounts that are in good standing. Must be current on all billings. • Tenants who provide written approval from the property owner or property manager.
• Area to be converted must have grass or traditional sprinklers intact at the PreInspection appointment in order to qualify for the rebate.

Timelines
• Program applies to turf replaced in fiscal years when funding is allocated. Funding has been allocated for the 7/1/22 thru 6/30/23 fiscal year. • A pre-inspection will be scheduled once the application has been received. • After approval of pre-inspection, residents will have 60 days to complete the conversion of their existing landscaping, which will be indicated in the Notice to Proceed Letter.
• Once completed, resident must contact the City of Riverbank to schedule the postinspection. • Itemized dated sales receipts for the products used in the conversion are required at the post- inspection.
• If not approved at inspection, residents have 30 days to make corrections and to schedule a final inspection.

Turf Replacement
• Turf replacement must be drought tolerant and permeable (allow water to penetrate into the ground). Product used must be approved by the City prior to installation.
• Applicant must provide a simple sketch of the proposed landscape, as well as photos of the existing landscape as part of the initial application. • When replacing turf, irrigation system must be capped, eliminated or converted to drip.

Item 11.6 – CC/LRA – 06/14/2022
• Turf replacement must be maintained and kept in healthy condition for a minimum of 5 years.
• Turf replacement must be installed within the Riverbank City service area and at the address listed on the application.
• Applicants must provide a list of proposed drought tolerant plants with the application. For a list of preferred plants, please see the attached “Top 10 California Friendly Native Plants”.
• If only part of the lawn is converted, the new planting area must be on a separate valve.

Rebates
• Existing artificial turf, turf installation costs, new construction, accessories, and taxes do not qualify. Reimbursement is for products used in the conversion. Labor cost does not qualify.
• Rebate checks will be mailed within 8 weeks after completing the rebate process. • Rebate amount cannot exceed the cost of the products used in the conversion.

Dated, itemized sales receipts are required at the post-inspection. • Rebates are limited to $2,000 per residential utility billing account per fiscal year when funding is made available. Program will be funded for the July 1, 2022 – June 30, 2023 fiscal year.

Application and Rebate Approval or Denial
• On-site compliance verification is required.
• Original itemized, dated sales receipt for the products used in the conversion area is required at the post-inspection
• Incomplete, incorrect, or unsigned applications cannot be processed. We will contact you with any discrepancies and may require you to submit a new application.
• Customer must fulfill all program guidelines to be eligible for rebates.

Other Considerations
• The Rebate Program is not responsible for materials lost by mail. • Submission or possession of a rebate application does not guarantee receiving a rebate.
• Rebates are processed on a first come, first served basis. • Funding for this rebate program is limited to available resources. • Rebate amounts are subject to change without notification. • This program shall, at all times, be subject to change or termination without prior notice.

STRATEGIC PLAN
This item addresses the City Council’s Strategic Plan objective to “incentivize programs for saving electricity, water, and other essential resources”.