CONTRACTING REQUIREMENTS
August 2026 00510 - 6 City of Yuba City
Agreement Septage Hauling and Receiving Station
Times Allowed for Completion
Contractual Completion Event
Completion Time
(# of calendar days from
Notice to Proceed date) or
Seasonal Dates
Substantial Completion N/A
Final Completion 215
Milestones – Milestones are further defined in Section 01140, Work Restrictions and Section 00800, Supplementary Conditions.
4.4 Liquidated Damages. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the contract times specified in 4.3, Days to Achieve Contract Times. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth above are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it would be impracticable and extremely difficult to fix the actual damages.
Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, construction management, inspection, and supervision; the loss suffered by the public within the City’s constituent cities by reasons of the delay in the completion of the project to serve the public at the earliest possible time; and, costs associated with ongoing and extended permit compliance.
Accordingly, the City and the Contractor agree that as liquidated damages for delay, in accordance with California Government Code Section 53069.85, the Contractor will forfeit and pay to the City liquidated damages in the amounts set forth in the table below, per day for each and every calendar day that expires after the time for completion specified in the above section 4.3, Days to Achieve Contract Times, except as otherwise provided by extension of time pursuant to Section 00700-8.04, Time Extensions, of the General Conditions.
It is further understood and agreed in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time this Contract was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor.
Damages for Delays
Milestone Contractual Completion Event
Dollars Per Day
Liquidated Damages
(Amount in Dollars)
Substantial Completion N/A
Final Completion $3,600
ARTICLE 5 - INSURANCE AND BONDS
5.1 Insurance. Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Conditions and the Supplementary Special Conditions. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this contract.”
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Agreement Septage Hauling and Receiving Station
5.2 Faithfull Performance Bond and Payment Bond. The Contractor, simultaneously with the execution of the Agreement, will be required to furnish a Faithful Performance Bond to guarantee the Faithful Performance of the Contract equal to one hundred (100%) of the Total Contract Price set forth in Article 4 and a Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California equal to one hundred percent (100%) of the Total Contract Price set forth in Article
4. The bonds must be issued by a surety company admitted in California and with a current A.M. Best’s rating of no less than A-:VII or equivalent, unless otherwise approved by Agency.
Any alteration(s) made in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alteration(s) is hereby given, and any surety on said bonds hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code.
Contractor must submit the following document with the bonds: The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
ARTICLE 6 - CITY’S REPRESENTATIVE(S) AND AUTHORITY’S CONSULTANTS
6.1 City’s Representative. The City has designated Leticia Villalobos, or his/her designee to act as City’s Representative. The City may change the individual(s) acting as City’s Representative(s), or delegate one or more specific functions to one or more specific City’s Representative at any time with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities. All documents requiring the signature/approval of City shall be signed by the City’s Representative.
6.2 Design Engineer. The City has designated HERWIT Engineering to act as Design Engineer. The Design Engineer is included within and covered by Contractor’s release and indemnity obligations to the City.
6.3 Construction Manager. The City has designated Leticia Villalobos, to act as Construction Manager. The City may assign, upon mutual agreement, all or part of the City’s Representative’s duties, rights and responsibilities to the Construction Manager. The Construction Manager is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities.
ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS
7.1 Representations and Warranties. In order to induce the City to enter into this Agreement, Contractor makes the following representations and warranties:
A. Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.
B. Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, record drawings, drawings, products specifications or reports, available for bidding purposes, of physical conditions, including Underground Facilities, which are identified in Section 00300, Supplemental Project Information Available to Bidders, or which may appear in the Contract Documents. Contractor further acknowledges and agrees that, in executing the Agreement, it is relying on its own observation of (1) the site of the Work, (2) access to the Site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the site of the Work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the
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Agreement Septage Hauling and Receiving Station
Contract, the plans, the specifications, and other related information made available to Contractor by the City.
C. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
D. Contractor has given the City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and record drawings and actual conditions and the written resolution thereof (if any) through Addenda issued by the City is acceptable to Contractor.
E. Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.
F. Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.
Contractor has listed the following
Subcontractors consistent with the
Subcontractor Listing Law, California Public
Contract Code §4100 et seq.:
Name of Subcontractor and
Address of Mill or Shop
Description of Subcontractor’s
Work
Subcontractor’s
License No.
Altamont Rebar Corp.
793 S. Tracy Blvd #264 Tracy, CA 95376
Rebar 1038203
Ransome Company
1933 Williams Street San Leandro, CA 94577
Paving 22726
Mason Painting Inc.
PO Box 1115 Orangevale, Ca 95662
Coatings 819987
Bockman & Woody Electrical 588308
ARTICLE 8 - LABOR CODE COMPLIANCE AND DAVIS-BACON WAGES
8.1 California Labor Code. Pursuant to the provisions of §1770 et seq. of the California Labor Code, which are hereby incorporated by reference and made a part hereof, the Director of the Department of Industrial Relations has determined the general prevailing rate of the per diem wages and the general prevailing rate for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification or type of worker needed to perform the Work. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at City office or may be downloaded from the State Department of Industrial Relations website, Division of Labor Statistics and Research, http://www.dir.ca.gov/dlsr/. The rate of prevailing wage for any craft, classification or type of workmanship to be employed in performing the Work is the rate established by the applicable collective bargaining contract which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate is adopted.
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It shall be mandatory for the Contractor and all subcontractors to pay not less than such specified prevailing wage rates to all workers employed in the performance of the Work. If any worker engaged in the performance of the Work is paid less than the specified prevailing wage rate, the Contractor shall pay to each such worker the difference between the specified prevailing wage rate and the actual amount paid to such worker for each calendar day or portion thereof. In addition, Contractor shall comply with the provisions of California Labor Code §1775, including provisions which require Contractor to (a) forfeit as penalty to City not more than $200 for each calendar day or portion thereof for each worker (whether employed by Contractor or any Subcontractor) paid less than the applicable prevailing wage rates for any work done under this Contract in violation of the provisions of the California Labor Code, and (b) pay to each worker the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which the worker was paid less than the prevailing wage.
The Contractor and each Subcontractor shall keep or cause to be kept an accurate record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week for all laborers, workers and mechanics employed in connection with the performance under the Contract Documents or any subcontract thereunder, and showing the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by City and its agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any Subcontractor, any worker or any other third party with regard thereto. Contractor shall be responsible to ensure compliance with section 1776. Failure to comply with that section may result in the California Labor Commissioner’s assessment of a penalty of $100 per day per affected worker.
The Contractor shall post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations and all job site notices as prescribed by California Labor Code Section 1771.1.
Pursuant to California Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
The successful Bidder and its subcontractors shall employ the appropriate number of apprentices, in each apprenticeable craft, on the project site as stipulated in California Labor Code sections 1777.5, 1777.6 and 1777.7. Failure to comply may result in the California Labor Commissioner’s assessment of a penalty of $100 for each day of noncompliance.
Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that when the Bidder’s bid was submitted, the Bidder and its Subcontractors were registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions. Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions.
8.2 Davis-Bacon Wages.- Not Used.
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 Assignment. Contractor shall not assign this Contract or any rights under or interests in the Contract without the City's written approval. No assignment will release or discharge the Contractor from any duty or responsibility under the Contract Documents.
9.2 Successors and Assigns; No Third-Party Beneficiaries. The provisions of this Agreement and the Contract Documents shall inure to the benefit of and shall apply to and bind the successors and permitted assigns of the Parties. Nothing contained in this Agreement, or the Contract Documents is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and permitted assigns, any rights or remedies hereunder.
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9.3 Contractor Bankrupt. If Contractor should commence any proceeding under federal bankruptcy law, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Agreement and complete the Work by giving notice to Contractor and its surety according to the General Conditions.
The City shall have the right to complete, or cause completion of the Work, all as specified in the General Conditions.
9.4 Unfair Competition. The following provision is included in this Agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, with further acknowledgment by the parties."
9.5 Nondiscrimination and Equal Opportunity. The Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any affirmative obligations required of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract.
9.6 No Waiver of Remedies. Neither the inspection by the City or its agents, nor any order or certificate for payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by the City, nor any extensions of time, nor any positions taken by City or its agents shall operate as a waiver of any provision of this Agreement or the Contract Documents or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement or of the Contract Documents be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement and in the Contract Documents shall be taken and construed as cumulative; that is, in addition to each and every other remedy provided in this Agreement and/or the Contract Documents, and the City shall have any and all equitable and legal remedies, which it would in any case have.
9.7 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Contra Costa, State of California, and governed by California law (excluding choice of law rules). By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.
9.8 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement or the Contract Documents shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
A. personal delivery, in which case notice is effective upon delivery;
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Agreement Septage Hauling and Receiving Station
B. certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; C. nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; D. facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.
Any written notice to Contractor shall be sent to:
Company Name
Company Address
Individual’s Name
Individual’s Email Address
Individual’s Direct Dial Phone #:
Individual’s Fax #
Any written notice to City shall be sent to:
Director of Public Works
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA, 95993
9.9 Execution in Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.
CONTRACTOR
Under penalty of perjury, I certify that the taxpayer
identification number and all other information provided here are correct.
Date:
Federal I.D. #:
DIR Registration # State ID #
California Contractor’s License # & Classifications Expiration Date Signature Signature
Print Name Print Name
Title Title
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
If Contractor is an out-of-state corporation, Contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
CITY OF YUBA CITY
a California Municipal Corporation
DATE: _____________ BY _________________________________ Robert Bondorf, City Manager
Original Approved As To Form: Attest:
Shannon L. Chaffin, City Attorney Ciara Wakefield, City Clerk Original Approved as to Form:
_____________________________
Joshua Wolffe, Director of Public Works
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END OF SECTION
PROFESSIONAL SERVICES AGREEMENT
PROJECT TITLE
This Agreement is made and entered into as of , 2026, by and between the City of Yuba City, a municipal corporation (“City”) and HERWIT Engineering (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
See Attached Scope of Services
(Exhibit A)
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Seventy Two Thousand, Four-Hundred Sixty Dollars ($72,460.00) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after
approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.
8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
9. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.
10.Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an
independent contractor and shall not act as an agent or employee of the City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
11.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
12.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14.Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
15.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
16.Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.
17.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Josh Wolffe
Public Works Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4640
If to Consultant: Greg Harris
HERWIT Engineering
6200 Center Street, Suite 310
Clayton CA 94517
18.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
19.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
22.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
24.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
25.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both
parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
28.Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
29.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: CONSULTANT:
By:_____________________________ By:_________________________ Josh Wolffe Greg Harris
Public Works Director HERWIT Engineering
Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements
Exhibit A
Scope of Services
Yuba City Septage Recieving Station - Exhibit A - Herwit Scope - CS.doc 1 of 3 HERWIT ENGINEERING July 7, 2026
6200 Center Street, Suite 310, Clayton, CA 94517
PHN (925) 672-6599
WWW.HERWIT.com
HERWIT
ENGINEERING
Exhibit 2 to Appendix A
City of Yuba City
Septage Receiving Station Design
SCOPE OF SERVICES
This Scope of Services (Exhibit A) is incorporated into and made part of the Professional Services Agreement ("Agreement") entered into by the City of Yuba City and HERWIT Engineering as of __________________, 2026.
TASK ITEMS
HERWIT engineering has prepared the following Engineering Services and Construction Management Services proposals based on the project documents prepared by HERWIT Engineering for the Septage Receiving Station Project for the City of Yuba City. The purpose of this scope is to provide Engineering Services and Construction Management Services During Construction for the installation of the Septage Receiving Station at the City of Yuba City Wastewater Treatment Plant.
Task 1 – Engineering Design Services - Complete
Task 2 – Engineering Services During Construction and Construction Management Services
A. Conduct weekly construction meetings. Meetings to be remote over zoom and hosted by HERWIT. Prepare meeting notes of all meetings. (20 Total) B. Review shop drawings/coordinate equipment.
C. Answer project Requests for Information (RFI's) and field questions.
D. Prepare change orders as required.
E. Conduct specialty site inspections to verify compliance with the construction documents. (8 Total)
F. Conduct final inspections for acceptance.
G. Witness and help coordinate Startup & Testing.
H. Preparation of Conformed Documents.
I. Preparation of Record Drawings.
ASSUMPTIONS
A. All fees for all permits and applications shall be paid by the City of Yuba City.
B. All project approvals will be obtained by the City of Yuba City.
C. Existing drawings of the facility, SCADA data or other process data will be provided by the City of Yuba City.
D. The City of Yuba City is the approving authority for this project and is the final say on plan approval.
E. HERWIT will not perform full time inspection and site supervision. HERWIT will inspect
Yuba City Septage Recieving Station - Exhibit A - Herwit Scope - CS.doc 2 of 3 HERWIT ENGINEERING July 7, 2026
6200 Center Street, Suite 310, Clayton, CA 94517
PHN (925) 672-6599
WWW.HERWIT.com
key elements of the project periodically to verify compliance with the construction documents.
F. HERWIT will act as the Construction Manager and additional inspection will be provided as required by the City of Yuba City Inspector. In particular, inspection of work within the City road Right of Way, including the Manhole Installation, will be performed by the City.
G. HERWIT will coordinate with City inspection and coordinate all issues with the General Contractor.
H. PDF backgrounds of the existing plant will be provided by the City of Yuba City.
WORK ITEMS NOT INCLUDED IN SCOPE
The following items are not included in this scope of work. It is our understanding that the following items that may be necessary for completion of the project are contracted to others as identified below.
A. Surveying and Photometric / Topographic background of the existing plant are not included in this scope of services.
B. Geotechnical services are not included in this scope of services C. Permitting is not included in this scope of services.
D. Material testing is not included in this scope of services.
E. Daily/full time construction inspection is not included in this scope of services. HERWIT will inspect key elements of the project periodically to verify compliance with the construction documents. Additional inspection will be provided as required by the City of Yuba City Inspector. In particular, inspection of work within the City road Right of Way, including the Manhole Installation, will be performed by the City.
F. SCADA programming or SCADA construction is not included in this scope of services.
MISCELLANEOUS
There will be several subconsultants working under HERWIT Engineering to complete this project. These subconsultants and areas of responsibility are as follows.
A. Electrical Engineering, Arostegui Engineers, Project Manager Leonel Arostegui B. Structural Design, CAPSTONE Structural Engineering, Project Manager Steve Stoll
Yuba City Septage Recieving Station - Exhibit A - Herwit Scope - CS.doc 3 of 3 HERWIT ENGINEERING July 7, 2026
6200 Center Street, Suite 310, Clayton, CA 94517
PHN (925) 672-6599
WWW.HERWIT.com
SCHEDULE
HERWIT Engineering will begin immediately upon authorization of the Contract. The current project schedule is as follows:
Item Description Date
Advertise for Bids for Construction July, 2026
Receive Bids for Construction July, 2026
Notice to Proceed September, 2026
Construction and Startup Completion April, 2027
FEE
HERWIT Engineering will complete tasks identified below on a Time and Materials Not to Exceed Basis. The costs for all subconsultants are included in these costs. Subconsultant costs will be broken out separately on all invoices. Because of the variability in estimating the workload between tasks and subconsultants for a project of this size, the subconsultant’s costs are an approximate breakdown and budget assignments may be moved between subconsultants and the Prime Consultant as needed as long as the total project cost is not exceeded.
Task 1 - Engineering Design Services Complete
Task 2 - Construction and CM Services $ 72,460
TOTAL $ 72,460
Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Utilities Department
Presentation By: Phil Marler, Utilities Director
Summary
Subject: Utilities Department Laboratory Capital Acquisition Request Recommendation: A. Adopt a Resolution awarding the purchase of one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) and one (1) Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES) to PerkinElmer U.S. LLC of Shelton, CT in the total amount of $194,755.08, including tax and freight, with the finding that it is in the best interest of the City. Council waives the competitive bidding requirements set forth in Municipal Code Section 2.6.14 in favor of a sole source purchase, as authorized therein.
B. Authorize a contingency in an amount not to exceed of $15,244.92 for a total of $210,000.00, with the finding that it is in the best interest of the City.
Fiscal Impact: $210,000.00 - Inductively Coupled Plasma Mass Spectrometer (ICP-MS) and the Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES), and supporting equipment. This capital acquisition was anticipated and approved during the Fiscal Year 26/27 budget process. – Acct. No. 8140-69201 Purpose:
To purchase capital acquisitions for the Utilities Department which were approved and authorized in the 26/27 fiscal year operating budget.
Council’s Strategic Focus Area:
This item addresses the City Council's Strategic Focus Area of Safe Communities and Fiscal Responsibility by providing modern laboratory instrumentation that improves the City's ability to perform regulatory metals testing in-house, enhances customer service through faster turnaround times, reduces reliance on outside laboratories, and supports efficient, cost-effective operation of the Utilities Laboratory.
Background:
The Utilities Department has identified the need for a capital acquisition which was anticipated and approved during the Fiscal Year 26/27 budget process. Due to the dollar amount, staff requests the adoption of Resolutions to purchase the following capital acquisitions:
1. One (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS)
2. One (1) Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES) A discussion of the items and fiscal impact is provided below.
Analysis:
Items 1 & 2: The ICP-MS and ICP-OES Instruments
The proposed purchase of one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) and one (1) Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES) will significantly expand the City's laboratory capabilities by allowing specialized metals analyses to be performed in-house rather than subcontracted to an external laboratory. These industry-standard instruments are used for trace and regulatory metals analysis in drinking water, wastewater, biosolids, industrial wastewater, and environmental samples. Bringing this testing in-house will provide faster turnaround times for both City operations and commercial laboratory customers, improve customer service, eliminate transportationrelated issues that can result in costly re-sampling, and increase operational efficiency by maintaining complete control of the analytical process from sample receipt through reporting. In addition, the new instrumentation will reduce long-term costs associated with outsourced laboratory services, strengthen regulatory compliance through improved analytical quality and scheduling flexibility, and position the Utilities Department’s Laboratory to expand commercial testing opportunities while supporting future growth in analytical demand.
PerkinElmer U.S. LLC of Shelton, CT is the sole authorized regional vendor for these instruments and software our City’s Laboratory currently utilizes (Exhibit 1B and Exhibit 1C). Sole sourcing of this equipment is allowed per the City’s Purchasing Policies and Procedures under Sections 9-3.1.2., as it has unique design and performance specifications and the vendor is the only authorized seller of this product in the region.
Fiscal Impact:
Item 1 & 2: The ICP-MS and ICP-OES Instruments
The total cost of the purchase of one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) and one (1) Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES), from PerkinElmer U.S.
LLC, freight, and sales tax, is $194,755.08, including tax and freight, plus a contingency of $15,244.92 for a total of $210,000.00. Staff is requesting a contingency of $15,244.92 due to dynamic materials and services costs, for a total of $210,000.00. The quote from PerkinElmer U.S. LLC may be seen in Exhibit 1A. This capital acquisition was anticipated and approved during the Fiscal Year 26/27 budget process.
Alternatives:
1. Deny the purchase of one or more of the acquisition requests.
2. Direct staff to request one or more of the acquisitions in the Fiscal Year 27/28 budget.
Recommendation:
A. Adopt a Resolution awarding the purchase of one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) and one (1) Inductively Coupled Plasma Optical Emission Spectrometer to PerkinElmer U.S. LLC of Shelton, CT in the total amount of $194,755.08, including tax and freight, with
the finding that it is in the best interest of the City. Council waives the competitive bidding requirements set forth in Municipal Code Section 2.6.14 in favor of a sole source purchase, as authorized therein.
B. Authorize a contingency in an amount not to exceed of $15,244.92 for a total of $210,000.00, with the finding that it is in the best interest of the City.
Attachments:
1. Attachment 1 - Resolution
2. Exhibit 1A - PerkinElmer Quote Q- 81809
3. Exhibit 1B - Sole Source Letter - PerkinElmer ICP-OES
4. Exhibit 1C - Sole Source Letter - PerkinElmer ICP-MS Prepared By: Submitted By:
Mylaina McMurray
Administrative Analyst II
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A PURCHASING CONTRACT TO PERKINELMER U.S. LLC OF SHELTON, CONNECTICUT FOR THE PURCHASE OF ONE (1) INDUCTIVELY COUPLED PLASMA MASS SPECTROMETER (ICP-MS) AND ONE (1) INDUCTIVELY COUPLED
PLASMA OPTICAL EMISSION SPECTROMETER (ICP-OES) AND SUPPORTING
EQUIPMENT, WAIVER OF COMPETITIVE BIDDING REQUIREMENTS, APPROVAL OF A CONTINGENCY OF $15,244.92, AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE CONTRACT SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL
FORM BY THE CITY ATTORNEY
WHEREAS, the City of Yuba City Utilities Department identified the need for critical equipment acquisitions to support the laboratory’s daily functions and operational reliability: one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) and supporting equipment and (1) Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES) and supporting equipment; and
WHEREAS, staff recommends authorizing a contingency of $15,244.92, and The City Council waives competitive bidding requirements pursuant to Municipal Code Section 2.6.14, and finds that PerkinElmer U.S. LLC is the sole supplier of the specific equipment and operational capabilities required by the City; and
WHEREAS, the City has met the requirements to sole source the equipment pursuant to the City Purchasing Policy section 9-3.1.2; and
WHEREAS, the negotiated prices for the two metals instruments which are reasonable and on par with similar proprietary equipment; and
WHEREAS, this purchase is consistent with the Fiscal Year 26/27 Capital Improvement Program budget approved by the City Council, and funding is available within the respective accounts; and
WHEREAS, the City Council now desires to authorize the sole source purchase of one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) with supporting equipment and one (1) Inductively Coupled Plasma Optical Emission Spectrometer with supporting equipment from PerkinElmer U.S. LLC.
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The City Council finds that a sole source award is appropriate on grounds including that PerkinElmer U.S. LLC is the sole authorized distributor of the one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) with supporting equipment and one (1) Inductively Coupled Plasma Optical Emission Spectrometer with supporting equipment in the region, that acquisition of this equipment is the only financially and operationally practical option in light of the City’s current operating systems, safety requirements, and performance needs, and that the negotiated purchase price is fair, reasonable, and comparable to similar proprietary equipment. Given this, the City Council finds that it is in the best interest of the City to make a sole source award to PerkinElmer U.S. LLC for the purchase for one (1) Inductively Coupled Plasma Mass Spectrometer (ICP-MS) with
supporting equipment and one (1) Inductively Coupled Plasma Optical Emission Spectrometer with supporting equipment. As such, the City Council of City of Yuba City awards the purchase of one (1) Inductively Coupled Plasma Mass Spectrometer (ICPMS) and one (1) Inductively Coupled Plasma Optical Emission Spectrometer to PerkinElmer U.S. LLC of Shelton, Connecticut in the amount of $194,755.08 plus the contingency amount of $15,244.92 for a total of $210,000.00.
3. The City Council of the City of Yuba City authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.
4. This Resolution shall become effective immediately.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 18th day of August, 2026.
AYES:
NOES:
ABSENT:
Marc Boomgaarden, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):
A. PerkinElmer U.S. LLC Quote Q-81809
B. PerkinElmer U.S. LLC Sole Source Letter ICP-OES
C. PerkinElmer U.S. LLC Sole Source Letter ICP-MS
EXHIBIT 1A
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EXHIBIT 1B
Sole Source Document for a Simultaneous ICP-OES
General System Requirements
x The plasma ignition must be software-controlled and totally automated. The plasma can be ignited automatically at a user-determined time and turned off automatically after an analysis. x The plasma must be viewable through a window on the instrument as well as through a full color plasma camera and displayed in the software. Viewing the plasma is desirable for both method development and troubleshooting.
x The system must include a computer-controlled shutter system that shields the detector between samples from long exposures to UV radiation.
x The instrument must be able to operate for best results and detection limits using a total of 9 L/min of argon (including plasma, auxiliary, nebulizer, and any other flows required for normal operation including any cooling requirements.). Higher argon usage will significantly increase operating costs for the instrument.
x Dual-viewing optics are required to allow the plasma to be viewed radially or axially. Dual viewing of the plasma provides the required flexibility by allowing trace and major concentrations of an element to be determined with the fewest possible interferences and wavelengths. The instrument must allow selection of either or both viewing modes for any wavelength in a single method
x The instrument must enable automated optimization of the plasma alignment in both the vertical and horizontal directions. The radial view must allow viewing 10 - 25 mm above the flat induction plates to reduce or eliminate the Easily Ionized Element (EIE) effect. The torch must be able to be adjusted for plasma viewing while the plasma is lit. x The instrument should have a compressed air shear gas to cut off the cool end of the axial plasma to reduce material deposition on the entrance optic as well as to reduce selfabsorption and physical interferences. Other interface designs either require active cooling (requiring additional argon gas) or routine maintenance, and are not acceptable. x The instrument must be able to run organic as well as aqueous matrices. x System must be fully compliant with US EPA methodology for Method 200.7 and Method SW 846-6010
x Unit must be a bench top design with a utility free rear, enabling it to be placed directly against the wall (some service procedures may require movement from wall) x The total width of instrument should not exceed 76 cm (30”), exclusive of autosampler and data system
x The instrument must be operational with 120 cfm of airflow at the external ventilation system
x The instrument must include a water recirculator that is separate from the instrument chassis and can be place away from the instrument
x The instrument must monitor gas pressures and flows, interlocks, water flows, and plasma stability. The interlocks must be continuously monitored and if any interlock is interrupted, the plasma is shutdown automatically.
Sample Introduction Requirements
x The instrument must incorporate a high precision 4 channel, 12 roller peristaltic pump. The pump must have a tubing saving mode that slowly turns the peristaltic pump back and forth once the plasma is extinguished. This feature saves pump tubing from flattening and allows the ICP to start-up under the proper conditions.
x The vendor shall have a recommended set of sample introduction options specifically for organic matrices
x Options for other sample introduction designs should be available from the manufacturer and from third parties vendors
x The torch must be mounted in a vertical position for highest matrix tolerance. x The operator must be able to change torch injectors without having to remove the torch assembly from the instrument.
x The instrument must include a quick-change torch module so the torch can be removed or changed quickly without excessive torch alignment.
x The sample-introduction cassette should allow adjustment (with the plasma on) for maximum performance in different matrices.
x No tools must be required for torch or sample-introduction cassette removal.
Ion Source and RF Generation Requirements
x The RF generator must be computer controlled for automatic control of torch ignition, shutdown, and system warm up
x The RF generator must operate at a power setting up to 1500 watts in both axial and radial viewing modes and be controllable in 1 watt increments. x The RF generator must have power transfer efficiency into the plasma of at least 80% and a power output stability of 0.1% or better
x The RF generator must be solid state and operate at a frequency 40 MHz providing greater robustness than lower frequencies
x The RF generator must have a “free-running” design that provides results in instantaneous compensation for impedance changes. This allows for switching between sample matrices with no need for operator adjustment of the plasma
x The RF generator must be able to respond in 50 nanoseconds to adapt quickly to changing loading and does not require an impedance matching network within x The RF generator must have no moving parts other than cooling fans x The RF generator must electrically decouple the plasma from the ion optics allowing independent adjustment of the ion optic parameters and the plasma conditions x The plasma must be generated using maintenance free Flat Plate™ plasma technology rather than outdated helical-coil induction. This technology generates a transversely symmetrical plasma with highly reduced argon plasma gas flow (8 L/min on aqueous samples and producing optimal detection limits)
x The induction plates must not require water, air, or oil cooling x The induction plates must not require any maintenance Optical System Requirements
x The instrument must have an echelle-based polychromator covering a spectral range of 163 - 782 nm
x The spectrometer must utilize two custom-designed, application-specific , SCD detectors for simultaneous spectral range acquisition
x The spectrometer must be capable of 3 resolution settings for each detector x The spectral resolution of the system must be at least 0.006 nm at 200 nm x The optical system must use a built-in mercury lamp to automatically update the system wavelength calibration at the 253 nm mercury emission line that can be viewed at a userselected frequency x The instrument must automatically adjust integration times for intense and trace signals x The entire optical system must be enclosed in a purged and thermostatted optical enclosure x The optical enclosure must be mounted on the same large optical bench as the sampleintroduction system. x The optical bench must be shock-mounted to the frame of the instrument so that normal floor vibrations do not affect system performance
x The sealed optical system must be purgeable with nitrogen to achieve best performance in the low UV region (165 – 190 nm).
Performance
x Vendor must specify typical published 3V detection limits for the following elements: (μg/L)
Ag 0.6 Bi 3 K 1 S 10
Al 1 Ca 0.05 Mg 0.04 Sb 2
Au 1 Cd 0.1 Mn 0.1 Se 5
As 2 Co 0.2 Na 0.5 Tl 2
B 1 Cr 0.2 Ni 0.5 V 0.5
Ba 0.03 Cu 0.4 P 4 Zn 0.2
Be 0.09 Fe 0.1 Pb 3 Zr 0.5
x Vendor must specify instrument FWHM peak resolution for the following elements of interest:
Analyte Wavelength
(nm)
Resolution
(pm)
Al 167.019 6
As 188.98 6
Mo 202.032 7
Cr 206.158 7
Zn 213.857 7
Cd 214.36 7
Pb 220.353 7
Ni 221.647 7
Co 228.615 8
Ba 230.424 8
Si 251.566 10
Mn 257.61 9
Mn 260.568 9
Cr 267.716 9
Cu 324.754 13
Cu 327.395 12
Ba 455.403 35
Sr 460.733 32
Ba 493.408 32
Na 589.754 25
K 766.491 50
x The instrument must have analytical linearity in excess of 9 orders of magnitude using alternate wavelengths and or dual view.
Computer and Software Requirements
x The software must be capable of running in Windows 11 on a 64-bit operating system x The software must have functions for automated system startup, shutdown and optimization tuning for optimum performance
x Must include a “Universal Data Acquisition” mode which enables users to—optionally, on demand—collect all the spectral data for every sample regardless of the elements being determined. This can then allow analysts to retroactively determine the concentrations of elements not in the original method or at alternate wavelengths, saving precious time and resources
x The software must include a semi-quantitative analysis mode x The semi-quantitative mode must allow for the creation of custom calibrations to be created and allow the import of method parameters from existing methods so that semi-quantitative analyses are better matched to suitable calibrations based on plasma parameters and concentration ranges for a given sample type
x The semi-quantitative mode must allow for review of new or existing semi-quantitative calibrations
x The semi-quantitative mode must allow the analysis of new samples or the review of previously analyzed data with a semi-quantitative calibration applied to be able to review possible issues due to unknown interferences or identify elements that were previously not quantified in the original analysis
x To provide ease-of-use the system software must include the following features:
x Software must allow users to be able to easily change instrument parameters (such as number of replicates) without creating a new method prior to measurement to facilitate methods development efficiencies
x The software must allow for priority samples to be inserted at any time during an analysis without stopping the actual sequence
x The software must also allow many samples to be appended into a run without interrupting the run
x Software must be able to save spectra and a copy of the exact method used for their acquisition for traceability requirements in audited laboratories
x Exact Methods must be retrievable from results saved even if methods were deleted or modified under the same name at a later time
x The software must be able to display all of the peaks from an analysis simultaneously x The instrument must be able to read both background and emission data simultaneously and allow for automatic background correction
x The software must be able to display calibration curves for all of the elements analyzed during or any time after the run
x Calibration curves must be stored and be able to be recalled or modified for later use
x The system software shall support the following calibration curve fit modes for quantitative analysis:
o Linear, calculated intercept
o Linear-through-zero
o Linear (Bracketing)
o Non-linear, calculated intercept
o Non-linear (Bracketing)
o Weighted Linear
o Method of Additions, Sample Intercept
o Method of Additions, Calculated intercept
o Method of Additions, Calibrate
x The software must have a library of analytical wavelengths containing all the major wavelengths for all elements, providing a list of preferred or recommended wavelengths x The instrument must have the ability to do two forms of spectral interference correction.
Traditional Interfering Element Corrections (IEC) must be available and the system must be able to calculate these values automatically. The system must also have advanced peak deconvolution algorithms (PLS) to help correct for severely structured background. x Must include a continuous graphics mode. Continuous graphics should allow one to look at how the instrument is operating by acquiring and displaying data in real time. The operating parameters of the instrument and RF generator can be modified as data are acquired, allowing method optimization to be further enhanced. For example, RF power and nebulizer flow can be changed while their impact is monitored. Peristaltic pump speed can be set to improve noise and signal intensity, maximizing system performance.
x Automated quality control checking features
x Real-time graphics with the ability to display transient and continuous signal profiles x Real-time plotting of internal standard responses
x Single-click button to export analytical data as an Excel file x QC protocol limits on measured values, allowing the analyst to define when and how an action is taken, and to specify a second QC action for automatic operation in the event that the first action fails
x All analytical raw data must be retained and stored on the hard disk as well as being encrypted to prevent tampering per EPA requirements to support a complete data audit trail x Per EPA methods requirements the time and date must be printed on each sheet of data generated by the system printer
x On-line help with quick steps to reference entire instrument user manual x Videos to assist with system use and maintenance
x Data reprocessing on stored data without re-running samples for changes of calibration points, internal standard points or curve fit mode
x The software must be capable of supporting a syringe-pump based auto dilution system
x The software must support auto dilutions by both a global dilution factor, variable dilution factor, and/or serial dilutions for samples out of range x TCPIP monitoring of system diagnostics for remote service troubleshooting and remote operation of system
Software Application Add-on Module Options/Upgrades
x The software must have the following modules:
o Database Management and Reporting Software
o Transient Signal/FIAS Mode
o User Access Control Module
x The software must have the following optional add-ons or upgrades:
o Enhanced Security Add-on for 21 CFR Part 11 compliance o Data Visualization Software (Spotfire) - Allows you to interact with your data across multiple visualizations and pages, simultaneously providing information from all aspects of your results. Markings made in one visualization will carry over to all other visualizations created from the same data table. Through this software you can compare data sets, explore multi-dimensional data, and drill-down to specific data points.
Autosampler Requirements
x The system must include a random access autosampler capable of holding 120 or more 15 mL sample vessels
x The system must have the ability to accommodate any of the following auto sampling systems:
o ESI SC Series, ESI DX Series, ESI prepFAST Systems
o ESI Prep3 system
o Cetac ASX-280, Cetac ASX-560
o PerkinElmer S23, PerkinElmer S-25
o The system must have the ability to accommodate rapid sample introduction systems that utilize flow injection technology
EXHIBIT 1C
Sole Source Document for ICP-MS
GENERAL REQUIREMENTS
Quadrupole Configuration Three quadrupole instrument
One full sized Transmission Analyzer Quadrupole which is able to deliver <1 amu resolution and custom resolution to 0.3 amu Ion Focusing No extraction lenses/Einzel lenses to clean or maintain Clean separation of ions and photons and/or neutral species Collision/Reaction Cell Quadrupole Collision/Reaction Cell Ability to eliminate spectroscopic interferences using either collision gases with collision mode (with KED) or pure reaction gases such as 100% ammonia and 100% oxygen in reaction mode
Cell driven by frequency modulation
Ability to accommodate up to 2 collision/reaction gases with “on-thefly” mixing of the gas RF Plasma Source RF plasma ion source designed specifically for ICP-MS Free-running with solid state components for accurate impedance matching
Load Coil Maintenance free RF load coil
No active cooling of the load coil
No additional infrastructure required to cool the load coil Sample Introduction Liquid sample introduction system
Cones Three cone interface
Mass Range Mass range must be 1-285 amu or greater
Detector Simultaneous dual stage discrete dynode detector Plasma View ICP-MS system must have a full color plasma view window for useful visuals on the sampler cone, plasma color and injector tip Supporting Equipment System must include all items and accessories for automated turn-key operations (instrument, computer, chiller, autosampler cables, software(s), etc...)
Power Requirements Full system must use single-phase power and remains in specification as laboratory temperature varies 10 to 35°C at up to 2°C per hour.
Compliance System must be fully compliant with US EPA methodology Unit Placement and Access Unit must be a bench top design with a utility free rear, enabling it to be placed directly against the wall (some service procedures may require movement from wall)
Maintenance Maintenance free system must not require any periodic maintenance (cleaning) or replacement of:
1. Collision, collision/reaction, or universal cell
2. Main filtering quadrupole for the system’s lifetime by the user or the manufacturer’s service engineers.*
* A copy of the instrument hardware manual is required for verification of this requirement.
Sole Source Document for ICP-MS
DETAILED REQUIREMENTS
SAMPLE INTRODUCTION REQUIREMENTS
Access Design where sample introduction components must be accessible from the front of the instrument
Standard
Configuration
O-ring free, low flow (0.25 ml/min) sample introduction system Glass concentric nebulizer, cyclonic spray chamber, and fixed torch with 2.0 mm quartz injector
Peristaltic Pump Close-coupled, four-channel peristaltic pump, computer-controlled, must be integrated within the ICP-MS system
Torch Mount Ambidextrous cassette style torch mount. Torch and injector assembly should be able to be removed with one hand
Torch Options The choice of either a fixed torch design or a design with a demountable injector accommodating injectors with varying diameters and material compositions
Sample
Introduction Kit
Options
Optional torch cassette and injector designs for
x Organic solvents
x HF resistance
x Geological
x High TDS sample introduction/Best BECs
Spraychamber
Heating/Cooling
Options
B Model: Option to have a device that electrically thermally stabilizes the spray chamber with a temperature range between -10 o
C and 80 oC
Alignment Fully-automated, software-controlled, single touch X, Y, Z torch alignment Argon Sample
Aerosol Dilution
System must have available an argon diluter which is capable of up to 200x aerosol dilution to dilute high matrix solutions on-the-fly. This is needed to minimize matrix suppression and reduce deposition on the cones when running high TDS samples.
ION SOURCE AND RF GENERATOR REQUIREMENTS
RF Generator The RF generator must be computer-controlled, operating from 400 to 1600 watts for automatic control of torch ignition, shutdown, and system warm-up The RF generator must be specifically designed for ICP-MS and operate at 34 MHz to provide the best of both plasma power and stability.
The RF generator must be free-running and made up of solid-state components for accurate impedance matching
The RF generator must be able to respond in 50 nanoseconds to adapt quickly to changing loading
The RF generator must have no moving parts other than cooling fans The RF generator must electrically decouple the plasma from the ion optics allowing independent adjustment of the ion optic parameters and the plasma conditions
The RF generator must be able to run in cold plasma mode (400-800 W) and hot plasma mode (1400-1600 W) in a single sample acquisition and be able to rapidly change between these modes.
Sole Source Document for ICP-MS
Load Coil The load coil must not require any active cooling by water, gas, or oil cooling The load coil must not require any maintenance
Secondary
Discharge
Prevention
The design must not require consumable torch shields, bonnets or screens
ION EXTRACTION INTERFACE REQUIREMENTS
Cones A three-cone design consisting of Sampler, Skimmer and hyperskimmer cones to provide a step-wise reduction in vacuum pressures so as to reduce the ion beam spread. Not to be confused with two cones and one extraction lens (using voltage) design.
The hyperskimmer should be grounded and not require a charge applied to it.
The system should come with large orifice sampling, skimmer cones and hyperskimmer cones with 1.1, 0.66 and 1.0 mm aperture diameters respectively to reduce build-up on the cones and prevent blockages The sampler and skimmer cones must be available in Pt-tipped versions The sampler and skimmer cones should be a single piece and should not require separate mounting/base plates
Routine
Maintenance
Design with rapid mounting and removal of cones which are easily accessible from the front of the instrument
Cones can be changed while maintaining vacuum in the vacuum chamber Interface Gate The instrument should be able to analyze 10% H2SO4 without needing to exchange the interface gate valve/isolation valve/slide valve with ball valve or other
Vacuum Requirements
Vacuum The vacuum system must consist of a four-stage differential vacuum system utilizing a triple-inlet turbo molecular pump to maintain vacuum at 1e-6 Torr (or lower) during operation
The vacuum system must include a vacuum chamber isolation valve which automatically closes as plasma is extinguished, in the event of a power failure, system over-pressurization or with argon depletion
The pumping system shall have enough capacity to reach operating vacuum from atmosphere in less than 15 minutes after breaking vacuum and accessing the ion optics region of the instrument
In the event of vacuum failure, the entire vacuum system must be automatically back-filled with an inert gas to preserve the cleanliness of the system
Turbo molecular vacuum pump must be purged by an inert gas during operation to prevent damage by reactive gases and/or corrosive vapors such as those generated by the analysis of phosphoric acid
The vacuum system must be backed by a single external high-performance roughing pump
The external roughing pump must be computer-controlled and automatically shift into energy saving mode when the plasma is off
The roughing pump must utilize ultra-long life PFPE (Fomblin) fluid
Sole Source Document for ICP-MS
ION FOCUSSING SYSTEM REQUIREMENTS
Filtration of
Neutrals, Photons
The ion focusing system must be an on-end quadrupole deflector to allow for the complete separation of ions from photons and neutrals with 90 degree bend of ions
Transmission of
Ions
The ion focusing system should be able to optimize the transmission of the mass of interest and broadly reject other ions in order to keep the system cleaner than traditional linear lens systems
Ions which exit the ion focusing system should have similar kinetic energies (< 10 eV).
This is because
1. Different kinetic energies would have a negative impact on the abundance sensitivity in downstream mass resolving quadrupole and
2. Differing kinetic energies would result in ion sputtering from metallic surfaces in the downstream optics which would give rise to chemical background noise.
Maintenance
Requirements
The ion focusing system must be maintenance free
The ion focusing system must not use a multi-component high voltage lens system that requires cleaning
COLLISION/REACTION CELL REQUIREMENTS
Interference
Removal
The cell should allow operation in 3 modes: STD (no gas), KED (collision), DRC (Reaction mode)
The cell must be able to reduce and eliminate spectroscopic interferences using either collision gases with KED and/or Reaction modes The collision/reaction cell should be a quadrupole cell to provide both high mass and low mass cutoffs in order to eject reaction byproducts to prevent new interferences from forming from the reaction by-products The cell must have a user-selectable low-mass and high-mass cutoff window which can be varied from analyte to analyte
In STD mode the cell must be able to operate with no gas and no energy barrier for optimal signal-to-noise performance on elements with no significant interferences
In collision mode with KED the cell must act as a passive ion guide with an energy barrier at the cell exit to remove polyatomic ion interferences In reaction mode, the cell should be able to operate as an active cell without an energy barrier at the cell exit for optimal interference removal Cell Modulation Bandpass Tuning of the cell should be achieved by frequency modulation while keeping the RF amplitude constant.
This is because amplitude modulation driven cells could potentially promote unwanted chemical reactions occurring inside the cell.
Signal Attenuation The reaction cell should be able to electrically attenuate the analyte signal in order to run low and high concentration samples in the same analytical run and increase detector lifetime without sample dilution
The attenuation should provide the system with at least 4 additional orders of magnitude of working range. Combined with 10 orders of magnitude from the
Sole Source Document for ICP-MS
detector this allows the system to provide a total of 14 orders of dynamic range
This attenuation should take place without affecting the signal response of other elements or without the need to pressurize the cell with a gas Gas Parameters The flow and optimization of the gases should be fully-controlled by the software
Ability to accommodate up to 2 collision/reaction gases with “on-the-fly” mixing of the gas
Ion Mobility There should be an accelerating voltage across the cell, to control the speed of the ions through the cell
The velocity of the ion beam through the cell shall be controlled by the selection of voltages on the entrance and exit plates of the cell
QUADRUPOLE MASS ANALYZER REQUIREMENTS
Ion Optics The system must be equipped with one full-sized Transmission Analyzer Quadrupole mass filter
Resolution The Transmission Analyzer quadrupole should be capable of delivering <1 amu resolution with custom resolution down to 0.3 amu
The analyzer quadrupole must have the ability to discretely control the resolution of selected mass regions dynamically, without affecting the overall nominal resolution of the system for non-“custom-controlled” mass regions.
Quadrupole
Composition
The Transmission Analyzer Quadrupole mass filter rods shall be made from a pure metal or alloy with a Thermal Coefficient of Expansion <1.3 x 10-6.K-1 at 25°C for the best stability
Quadrupole
Frequency During
Operation
The Quadrupole should operate at 2.5 MHz for exceptional resolution and abundance sensitivity.
Abundance
Sensitivity
The abundance sensitivity of the instrument should be 10-8 or better Scan Speed The scan speed should be 5000 amu per second where the scan speed is defined as follows:
Maximum rate at which the quadrupole can be scanned while acquiring continuous spectral data at every mass at 20 pts/amu (measures peaks and valleys, not peak hopping) from the minimum to the maximum mass of the instrument (1-285 amu)
Scan speed must not be calculated by hopping from Li-U-Li, as this is a distortion of scan speed as defined above
Peak Hopping
(Slew) Speeds
The peak hopping (slew) speed should be 1.6M amu/sec where the peak hop speed can be defined as:
The maximum rate at which the quadrupole can jump over 160 amu without affecting the precision of the analytical measurement
Peak Hopping
Settling Times
The peak hopping settling time should be < 0.2 ms regardless of mass change Dwell Times The system should be able to deliver dwell times as short as 10 μs in order to ensure the accurate and well-characterized analysis of transient signals
Sole Source Document for ICP-MS
Mass Range The system shall be able to measure 1-285 amu, where the higher end of this is required for separation of actinides
Mass Calibration
Stability
Stability of the quadrupole mass calibration and resolution must be maintained by having critical parts of the quadrupole power supply temperature controlled Mass Stability for 7Li, 24Mg, 115In and 238U should be <0.05 amu over 8 hrs of continuous operation
ION DETECTOR REQUIREMENTS
Detector Design The ion detector must be a simultaneous dual-stage discrete dynode electron multiplier, providing element concentration calibration over 10 orders of magnitude (from 0.1 cps to > 1e9 cps) dynamic range in a single scan using both analog and pulse ion counting mode, and offer protection against overload in both pulse counting and analog modes.
Detector Dead Time The detector dead time should be < 35 ns Pulse/Analog
Switching
Switching between pulse or analog should be achieved in < 0.2 ms Both pulse and analog signals should be captured simultaneously in order to be able to reprocess in either mode or dual mode during data reprocessing Data Acquisition The data acquisition rate should be 100,000 data points per second Dynamic Range The dynamic range of the detector should be up to 1.5 GHz (1.5 e9 cps) Standard
Configuration
The dual-stage detector assembly must come standard with the system Computer and Software Requirements
System Operations Windows 11 compatible with all analytical system operations (component optimization, methods development, calibration, analysis and reports) being able to be performed using a single software program
Automation The software must have functions for automated system start-up, shutdown, optimization and instrument tuning for optimum performance Ease of Use It should be possible to set scheduled user-defined alerts for routine maintenance
Pre-set methods should be available
The method set-up should include automated quality control checking features Analysis Options Quantitative analysis:
-external calibration
-additions (matrix matched) calibrations
-method of standard additions
-isotope ratios
-isotope dilution’s
Semi quantitative analysis
Real-time Real-time graphics with the ability to display transient and continuous signal profiles
Real-time plotting of internal standard responses
Graphing Feature Ability to graphically overlay, add or subtract mass spectra and view composite signals
Method Set-Up Computer-controlled automatic selection of cell gas when multiple gases or mixed mode are specified within a single method
Sole Source Document for ICP-MS
Computer-controlled cell gas flows and optimization
Cold plasma settings must be able to be performed in a single method along with hot plasma settings
The software must allow the system to be able to operate in any number of modes and plasma conditions in a single method
Pre-integrated correction equations with the option to delete and/or modify the equation being used
Custom correction equations to accommodate for doubly-charge ions (halfmass correction) and other custom analytical needs Auto-dilutors The software must be capable of supporting a syringe-pump based auto dilution system
The software must support auto dilutions by both a global dilution factor and serial dilutions for samples out of range
Calibration Curve
Fitting:
The software should offer the following curve-fitting options:
-Linear least squares calibration fitting
-Weighted linear least squares
- Linear forced-through-zero least squares
- Method of standard additions (Matrix Matched calibration) - Additions calibration
Quality Control QC protocol limits on measured values, allowing the analyst to define when and how an action is taken, and to specify a second QC action for automatic operation in the event that the first action does not resolve the observed issue Data Reprocessing Data reprocessing on stored data without re-running samples for changes of calibration points, internal standard points or curve fit mode It should be possible to reprocess the acquired data in either pulse, analog or dual detector modes without needing to rerun the analysis Data Export Single-click button to export analytical data as an Excel file Data Integrity All analytical raw data must be retained and stored on the hard disk as well as being encrypted to prevent tampering per EPA requirements to support a complete data audit trail
Per EPA methods requirements the time and date must be printed on each sheet of data generated by the system printer
Per EPA methods requirements, the quadrupole must be able to be tuned or mass calibrated on a minimum of 5 elements (Be, Co, In, Mg, Pb), providing a printed mass calibration report with all elements
Support On-line help with quick steps to reference entire instrument user manual Operating System The software must be capable of running in Windows 10 on a 64-bit operating system
Software Package
Add-Ons
Data Visualization Software which allows you to interact with your data across multiple visualizations and pages, simultaneously providing information from all aspects of your results. Markings made in one visualization will carry over to all other visualizations created from the same data table. Through this software you can compare data sets, explore multi-dimensional data, and drill-down to specific data points.
Sole Source Document for ICP-MS
Autosampler Requirements
Autosampler
Capacity
The system must include a random access autosampler capable of holding 150 or more 15 mL sample vessels
Autosampler
Compatibility
System should be compatible with PerkinElmer S10/S23/S25/AS93 autosamplers and offer a fully-integrated solution
System should be compatible with the CETAC ASX Series
System should be compatible with the ESI SC Series, ESI DX Series System should be compatible with AIM autosamplers
High Throughput
Sampling
Compatibility
System should be compatible with the PerkinElmer HTS system System should be compatible with the ESI prepFAST Systems System should be compatible with PerkinElmer FIAS system System should be compatible with ESI FAST system
System should be compatible with the CETAC ASXpress system System should be compatible with the GE Niagara Plus CM system
Agenda Item 17
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Kristi Morales , Administrative Analyst Summary
Subject: Letter of Support for Assembly Bill 1821 – California Public Records Act: Agency Response Time
Recommendation: Authorize the Mayor to sign a letter in support of Assembly Bill (AB) 1821, which would amend the California Public Records Act by calculating specified agency response deadlines using business days rather than calendar days Fiscal Impact: No direct fiscal impact
Purpose:
To consider whether the City should support Assembly Bill 1821, which would amend the California Public Records Act by calculating an agency's initial response and extension periods using business days rather than calendar days.
Strategic Focus Area:
Fiscal Responsibility – Supports legislative advocacy that promotes efficient government operations while maintaining transparency and accountability.
Background:
Assembly Bill 1821, authored by Assemblymember Blanca Pacheco, proposes a targeted amendment to the California Public Records Act (Government Code Section 7922.535). The bill would change the current requirement for agencies to respond to public records requests within 10 calendar days, with a possible 14-calendar-day extension under unusual circumstances, to 10 business days and a 14-bus iness-day extension.
Analysis:
The California Public Records Act provides the public with access to government records while requiring agencies to respond within established timeframes. As public records requests have become more complex, agencies often must coordinate across multiple departments to identify, review, and prepare responsive records while ensuring confidential or exempt information is protected prior to disclosure.
AB 1821 does not change the public's right to access records or alter existing disclosure requirements.
Instead, it updates the response timeframe from calendar days to business days, providing agencies with a more practical period to identify, review, and prepare records for release while continuing to respond promptly to public records requests.
Fiscal Impact:
There is no direct fiscal impact associated with supporting AB 1821. By providing a more practical response timeframe, the proposed legislation may improve operational efficiency and support more effective use of staff resources.
Attachments:
1. Attachment 1 AB 1821 Support Letter
Prepared By: Submitted By:
Kristi Morales
Administrative Analyst
Robert Bendorf
City Manager
The Honorable Sabrina Cervantes
Chair, Senate Appropriations Committee
1021 O Street, Suite 7330
Sacramento, CA 95814
RE: AB 1821 (Pacheco), California Public Records Act agency response time - SUPPORT Dear Chair Cervantes,
On behalf of The City of Yuba City, I write to express strong support for AB 1821 (Pacheco), which would provide an important and practical clarification to the California Public Records Act (CPRA) response timelines.
The CPRA is a vital tool that enables the public to hold government accountable. Local agencies take these responsibilities seriously and devote substantial resources to responding thoroughly and promptly to public records requests. The City of Yuba City remains committed to transparency, accountability, and timely public access to government records.
Under existing law, agencies must determine within 10 days whether a request seeks disclosable public records, with a possible 14-day extension under unusual circumstances. These timeframes are currently measured in calendar days and therefore include weekends and holidays, when agency offices may be closed and staff may be unavailable.
Local agencies across California have seen a sharp rise in both the volume and complexity of CPRA requests, reporting a 73% increase over five years and noting that more than 90% of agencies have had to divert staff time away from core services to meet these demands.
AB 1821 would clarify that the initial 10-day response period and the possible 14-day extension are measured in business days. This common-sense change reflects the operational realities of public agencies and ensures they receive the full intended number of working days to identify responsive records, coordinate with relevant departments, evaluate whether records are disclosable, and provide requesters with accurate determinations.
The bill does not alter agencies’ underlying disclosure obligations or their responsibility to make records promptly available. Instead, it establishes a clearer and more workable method for calculating existing response periods, helping agencies administer the CPRA more effectively and consistently while maintaining the public’s right to timely access.
For these reasons, The City of Yuba City is pleased to support this measure and respectfully requests that your committee vote YES on AB 1821.
Sincerely,
Marc Boomgaarden
Mayor
City of Yuba City
Agenda Item 18
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Kristi Morales , Administrative Analyst Summary
Subject: Authorization to Join the California Public Entity Tort Reform Coalition Recommendation: Authorize the Mayor to approve the City of Yuba City's participation in the California Public Entity Tort Reform Coalition by allowing the City's name and logo to be added to the coalition support letter
Fiscal Impact: There is no direct fiscal impact associated with authorizing the City's participation in the coalition. Participation supports legislative advocacy aimed at reducing long-term liability-related costs for public agencies
Purpose:
To consider whether the City should join a statewide coalition supporting comprehensive tort reform legislation intended to reduce escalating liability costs facing California public agencies.
Strategic Focus Area:
Fiscal Responsibility – Supports legislative advocacy that seeks to reduce rising public agency liability costs and preserve resources for essential City services.
Background:
The California Public Entity Tort Reform Coalition is a statewide partnership of cities, counties, school districts, special districts, and public agency organizations advocating for comprehensive reforms to California's civil liability system. The coalition urges the Legislature to enact reforms that address increasing litigation costs impacting public agencies while continuing to provide access to justice for individuals harmed by public entities.
The coalition's legislative priorities include:
• Establishing reasonable limits on damages in civil actions against public entities; • Restoring proportional liability so public agencies are responsible only for their share of damages; and
• Strengthening evidentiary standards for certain claims involving decades-old allegations where
records and witnesses may no longer be available.
The League of California Cities is among the organizations supporting the coalition's efforts, along with numerous California cities, counties, special districts, and other public agencies.
Analysis:
According to the coalition, liability costs for California public entities have increased significantly in recent years, placing additional financial pressure on local governments and other public agencies.
The coalition contends that these increasing costs divert public resources away from essential services such as public safety, infrastructure, parks, transportation, and other community programs.
Participation in the California Public Entity Tort Reform Coalition would demonstrate the City's support for legislative efforts intended to address rising public entity liability costs while preserving accountability and the ability of public agencies to provide essential public services. Authorizing the use of the City's name and logo on the coalition letter does not commit the City to any financial obligation or require the City to support future legislative proposals.
Fiscal Impact:
There is no direct fiscal impact associated with authorizing the City's participation in the coalition.
Participation supports legislative advocacy aimed at reducing long-term liability-related costs for public agencies.
Alternatives:
• Authorize the Mayor to approve the City's participation in the California Public Entity Tort Reform Coalition and authorize the use of the City's name and logo on the coalition support letter.
• Direct staff to return with additional information or revisions. • Decline to participate in the coalition.
Recommendation:
Authorize the Mayor to approve the City of Yuba City's participation in the California Public Entity Tort Reform Coalition by allowing the City's name and logo to be added to the coalition support letter.
Attachments:
1. California Public Entity Tort Reform Coalition Letter Prepared By: Submitted By:
Kristi Morales
Administrative Analyst
Robert Bendorf
City Manager
California Insurance Pool Authority
Date: July 17, 2026
To: Members, California State Legislature
Urgent Need for Comprehensive Tort Reform to Protect California Taxpayers, Survivors, and Essential Public Services
On behalf of the undersigned organizations, we urge the Legislature to enact meaningful tort reform for civil actions against public entities. New data released by the California Association of Joint Powers Authorities (CAJPA) confirms what our members have been warning
lawmakers about for years: public-entity liability costs have tripled in the last seven years, now exceeding $7 billion in known exposure. Costs are on pace to grow another 70 percent by 2027–28. The fiscal trajectory is unsustainable, the structure of liability is fundamentally unfair to taxpayers, and the consequences are now measured in billions of dollars diverted away from classrooms, fire stations, roads, mental health services, and the essential programs Californians depend on every day.
Our organizations share a deep and unwavering commitment to ensuring that survivors of harm receive justice, support, and meaningful compensation. California’s public agencies are not asking for insulation from accountability. We do not seek to deny survivors their day in court. Instead, we seek to fix a system that, as currently structured, transfers enormous wealth to plaintiffs’ law firms and threatens the financial solvency of the very public agencies tasked with protecting and serving our vulnerable community members. The longer the Legislature waits, the more public services will be cut, the more agencies will face insolvency.
The Path Forward. We urge the Legislature to advance a comprehensive tort reform package for civil actions against public entities that, at minimum, includes the following:
• Defined benefits including caps on damages in civil actions against public entities, ensuring survivors and other injured parties are made whole while preserving the capacity to deliver essential public services. • Proportional (several) liability for economic damages in civil actions against public entities, so that taxpayers pay only for the share of harm actually attributable to the public agency. This way the perpetrators bear the cost of their own conduct and not taxpayers.
• Heightened evidentiary and procedural standards for claims where witnesses, records, and evidence archives are absent or insufficient to assign culpability.
Why are Billions of Taxpayer Dollars Being Diverted from Essential Services? AB 218 (Gonzalez, Chapter 861, Statutes of 2019) related to childhood sexual assault is one stark driver, but it is not the only one. Across the spectrum of civil litigation against public entities — from premises liability to dangerous conditions — plaintiffs’ firms are increasingly targeting governmental defendants precisely because they are perceived as having the deepest pockets. The result is an unreasonable transfer of public resources to private wealth that the Legislature has both the power and the responsibility to address
How Are Claims Against Public Entities Funded? Most cities, counties, special districts, and school districts in California do not purchase liability coverage from traditional commercial insurance carriers because it is either too expensive, does not provide sufficient coverage, or is simply not offered. Instead, they self-fund their liability coverage or they collectively pool risk through Joint Powers Authorities (JPAs), which are not insurance companies with large capital reserves. Every self-funded claim, including those paid out of a JPA, comes from taxpayer-funded member contributions
paid by cities, counties, schools, and other public agencies from the same general fund dollars that pay for police officers, firefighters, teachers, road crews, and homelessness response.
When a JPA pays out claims of magnitude, every member agency in that pool feels it through higher premiums, the potential need for special assessments, reduced coverage limits, and/or increasingly, the inability to obtain coverage at all. Public agencies that have never had a single AB 218 claim filed against them are facing double-digit premium increases. For schools, this means Proposition 98 education dollars intended to support today’s students are paying for decades-old liabilities. Even for cities and counties that have few claims filed against them it means delaying critical infrastructure maintenance and reducing local government’s ability to provide social-safety-net services to the most vulnerable Californians.
Plaintiffs’ Attorneys Are on Track to Profit Over Half a Billion Taxpayer Dollars Every Year. In civil actions against public entities, plaintiffs’ counsel commonly recover contingency fees of 40 percent or more of the gross judgment or settlement. Even using a conservative 30 percent contingency assumption, estimated plaintiff attorney fees in actions against California public entities have climbed to over $500 million annually. In many individual cases, attorney fees approach 50 percent of the taxpayer-funded settlement or award. That means that for every $10 million paid by a city, county, JPA, or school district, as much as $4 to $5 million is paid to a private law firm. It does not go to the survivor, nor does it go to mental health services, prevention or victim assistance, or back to the taxpayers who funded the payment. Plaintiffs’ firms are, in many cases, the single largest beneficiaries of the current system.
Caps on Damages Are Essential to Preserve Public Services and Solvency.
Support for meaningful tort reform must include caps on damages in actions against public entities. Without such caps, the cascading effects of recent legislation will only worsen, and the very real threat of insolvency among California’s public agencies, already materializing in some regions, will only accelerate. California already imposes reasonable limits in medical malpractice cases under MICRA, recognizing the public interest in such restrictions. The same principle should apply when taxpayer dollars are the source of the payment.
Public Entities Should Pay in Proportion to Their Actual Fault — Not for the Crimes of Others. Under California’s current liability structure, a public entity found just one percent at fault can be ordered to pay the entirety of a plaintiff’s economic damages — even when the overwhelming majority of fault lies with a criminal actor who has no assets to satisfy a judgment.
The result is morally indefensible: perpetrators escape financial accountability for their conduct, while taxpayers — through their cities, counties, transit agencies, and school districts — are forced to pay for the harm that resulted. It allows perpetrators to walk away while public services are gutted to satisfy awards for conduct the public entity did not commit. The Legislature must restore proportional (several) liability for economic damages in actions against public entities, so that they are responsible only for the share of harm attributable to the public agency’s own conduct.
Survivors Deserve Their Day in Court, and Public Entities Deserve a Meaningful Opportunity to Defend. Restoring balance to AB 218 claims involving decades-old conduct does not require closing the courthouse door to survivors. Rather, it requires recognizing that, after decades have passed, the records and witnesses needed to fairly adjudicate a claim are often incomplete or simply gone. For claims involving conduct that occurred decades ago, we urge the Legislature to restore balance by reinstating a prior-knowledge requirement, paired with a clear-and-convincing-evidence standard.
Prior to AB 218, California law permitted survivors to bring claims against public entities outside the statute of limitations, when a plaintiff could show the entity "knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct" by the perpetrator and failed to implement reasonable safeguards. That framework provided a meaningful path to justice for survivors with evidence of institutional culpability while also protecting taxpayers from liability for conduct the public entity had no realistic means to anticipate, prevent, or now defend against.
Our coalition stands ready to work with the Legislature, the Administration, and the survivor community to craft a balanced, durable solution so that necessary action can be taken now. Detailed findings and supporting data are available in CAJPA’s recent report, Protecting Public Funds: The Rising Cost of Claims Against California Public Entities. Please do not hesitate to contact us with questions or to discuss specific legislative vehicles.
Sincerely,
California Association of Joint Powers Authorities (CAJPA) California School Boards Association (CSBA)
California Association of School Business Officials (CASBO) Los Angeles Unified School District (LAUSD)
Association of California School Administrators (ACSA)
The Rural County Representatives of California (RCRC)
California Association of Recreation and Park Districts (CARPD) California Special Districts Association (CSDA)
League of California Cities
California Association of Suburban School Districts
California Latino School Boards Association
California LULAC (League of United Latin American Citizens) ABC Unified School District
Alameda County Schools Insurance Group
Anderson Valley Unified School District
Beta Healthcare Group
Bennett Valley Union School District
Brett Harte Union High School District
Buckeye Union School District
Butte Schools Self-Funded Programs
Cajon Valley Union School District
California Affiliated Risk Management Authorities (CARMA) California Insurance Pool Authority
California Intergovernmental Risk Authority (CIRA)
California Joint Powers Risk Management Authority (CJPRMA) Camino Union Elementary School District
Central Fire District, Santa Cruz County
Central Region School Insurance Group
Central San Joaquin Valley Risk Management Authority (CSJVRMA) City of Artesia
City of Bakersfield
City of Bellflower
City of Blythe
City of Calimesa
City of Canyon Lake
City of Carson
City of Chico
City of Citrus Heights
City of Cloverdale
City of Coalinga
City of Colton
City of Corona
City of Cotati
City of Dunsmuir
City of Eastvale
City of El Segundo
City of Elk Grove
City of Eureka
City of Fairfield
City of Folsom
City of Fort Bragg
City of Grass Valley
City of Hemet
City of Highland
City of Jurupa Valley
City of La Mesa
City of La Mirada
City of Lake Elsinore
City of Lake Port
City of Live Oak
City of Long Beach
City of Madera
City of Marysville
City of Menifee
City of Merced
City of Moreno Valley
City of Mt. Shasta
City of Murrieta
City of National City
City of Norco
City of Oakdale
City of Oroville
City of Paramount
City of Perris
City of Petaluma
City of Pico Rivera
City of Placerville
City of Rancho Cordova
City of Rancho Cucamonga
City of Reedley
City of Ripon
City of Riverside
City of Roseville
City of Sacramento
City of Shasta Lake
City of South Gate
City of St. Helena
City of Stanton
City of Tehama
City of Tracy
City of Tustin
City of Upland
City of Vacaville
City of Vernon
City of Walnut Creek
City of Weed
City of Whittier
City of Willows
City of Yorba Linda
City of Yreka
Corona Norco Unified School District
County of Butte
County of Humboldt
County of Inyo
County of Kings
County of Merced
County of Riverside
County of San Bernardino
County of Siskiyou
County of Solano
County of Tehama
County of Trinity
County of Yuba
Desert Sands Unified School District
Dunham Elementary School
East Bay Schools Insurance Group (EBSIG)
East Side Union High School District
El Dorado County Office of Education (EDCOE)
Employment Risk Management Authority (ERMA)
Folsom Cordova Unified School District
Galt Joint Union Elementary School District
Garden Grove Unified School District
Golden State Risk Management Authority
Hermosa Beach City School District
Hope School District
Huntington Beach City School District
Indian Diggins School District
Irvine Unified School District
Jurupa Unified School District
Kelseyville Unified School District
Kern County Superintendent of Schools (KCSOS)
Kings County Office of Education
Konocti Unified School District
La Mesa Spring Valley Schools
Lemon Grove School District
Lindsay Unified School Districts
Livermore Valley Joint Unified School District
Livingston Union School District
Los Altos School District
Lynwood Unified School District
Moreno Valley Unified School District
Mt. Diablo Unified School District
New Haven Unified School District
Natomas Charter School
NorCal Cities Self-Insurance Fund
North Coast Schools Insurance Group
Northern California Regional Liability Excess Fund (NCR) Northern California Schools Insurance Group
Oroville City Elementary School District
Oroville Union High School District
Palo Verde Valley Transit Agency (PVVTA)
Palm Springs Unified School District
Poway Unified School Districts
Redondo Beach Unified School District
Redwood Empire Schools Insurance Group (RESIG)
Riverside Unified School District
Rowland Unified School District
San Marcos Unified School District
San Mateo Schools Insurance Group
Santa Clara Unified
Santa Rosa City Schools
School & College Legal Services of California
Schools Association For Excess Risk (SAFER)
Schools Excess Liability Fund (SELF)
Schools Insurance Authority (SIA)
Schools Insurance Group
Sebastopol Charter
Sebastopol Independent Charter School
Shasta-Trinity Schools Insurance Group
Sierra Sands Unified School District
Sonoma Charter School
Sonoma County Office of Education
Southern California Regional Liability Excess Fund (SCR) Special District Risk Management Authority
Torrance Unified School Districts
Town of Truckee
Trindel Risk Management for Rural Counties
Tulare Joint Union High School District
Tuolumne JPA
Upper Lake Unified School District
West Covina Unified School District
West Side Union Elementary School District
Westminster School District
Wheatland Union High School District
Wright Elementary School District
Agenda Item 19
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Robert Bendorf, City Manager
Summary
Subject: Agreement Between the City of Yuba City and the Downtown Business Association (DBA)
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Yuba City and the Downtown Business Association (DBA) to establish a collaborative framework for downtown economic development, event coordination, tourism, and beautification Fiscal Impact: The City will provide $95,000 annually to the DBA, which is offset by approximately $65,000 in costs already being spent on event sponsorships, maintenance tasks and miscellaneous operational items that will now be shifted to the DBA and staff efficiencies. This amount has already been approved by the City Council in its FY 2026-2027 budget
Purpose:
To establish a formal collaborative framework between the City of Yuba City and the Downtown Business Association (DBA) to support and enhance the vitality of Downtown Yuba City.
Strategic Focus Area:
This item supports our Strategic Focus Area of Economic Development through collaborative partnership with the Downtown Business Association.
Background:
A successful downtown core is critical to the economic health and civic identity of most cities. Over the years, the DBA continues to coordinate and hold events that bring thousands of visitors and residents to our amazing downtown. To streamline operations, gain efficiencies and align the City’s strategic priorities, staff from the City and leadership from the DBA have negotiated a formal MOU.
This MOU clarifies roles, establishes communication protocols, aligns mutual goals, and optimizes the use of public and private resources within the jurisdiction of the DBA. Approval of this agreement further enhances the City and DBA’s partnership without creating unnecessary administrative or legal risks for the City.
For years, Yuba City and the DBA have worked together informally on community events, downtown marketing, and maintenance within the DBA boundaries. However, as the scope of these activities has expanded, the lack of a formalized agreement has occasionally led to inefficiencies, logistical bottlenecks, and annual funding coordination.
Analysis:
In response to Council’s Strategic Priority of Economic Development and the associated priorities of Private/Public Partnerships and Identification of areas to develop consumer opportunities, City staff and DBA board members met over the past several months to draft an agreement that clearly defines shared and independent responsibilities for both entities.
The proposed MOU sets forth a framework for joint planning, delineation of responsibilities and expectations. Key elements include:
City Responsibilities
• Provide baseline municipal services (e.g., street sweeping, tree trimming, public safety, street maintenance, key infrastructure items)/
• Building upon our community event permit review of our processes, it will streamline steps for DBA-sponsored community events, subject to standard public safety compliance. • Provide funding for event sponsorships as in years past, including but not limited to the Summer and Christmas Strolls.
• Encourage staff to participate in DBA events through volunteerism, promoting community events and providing assistance in non-work hours, with the intent of continuing to build stronger relationships between our businesses and the community, and ultimately demonstrating civic pride and community engagement.
DBA Responsibilities
• Lead downtown marketing, promotional campaigns, and business recruitment efforts. • Power washing store front areas including sidewalks, emptying of trash, removing debris along store fronts.
• Maintain planters located along Plumas St.
• Plan and execute signature downtown events
• Coordinate with downtown business owners regarding municipal projects, construction impacts, and city initiatives.
Formalizing this agreement leverages the DBA’s capacity to drive foot traffic, support local sales, and potentially increase commercial investment in the downtown area.
Fiscal Impact:
The City will provide $95,000 annually to the DBA, which is offset by approximately $65,000 in costs already being spent on event sponsorships, maintenance tasks and miscellaneous operational items that will now be shifted to the DBA and staff efficiencies. This amount has already been approved by
the City Council in its FY 2026-2027 budget.
Alternatives:
The City and DBA could continue operating under informal arrangements. Staff does not recommend this, as it creates operational inefficiencies and lacks accountability.
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Yuba City and the Downtown Business Association (DBA) to establish a collaborative framework for downtown economic development, event coordination, tourism, and beautification.
Attachments:
1. DBA MOU 08.18.26
2. Attachment A - DBA MOU Details
Prepared By: Submitted By:
Robert Bendorf
City Manager
Robert Bendorf
City Manager
ATTACHMENT 1
DBA / YUBA CITY MOU
1 MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF YUBA CITY AND THE DOWNTOWN BUSINESS ASSOCIATION This Memorandum of Understanding (MOU) is made and entered into by and between the City of Yuba City, a municipal corporation (“City”) and the Downtown Business Association (DBA), a duly authorized Business Improvement District located in the incorporated Yuba City limit boundaries, in the County of Sutter, a political subdivision of the State of California.
RECITALS:
A. The City has undertaken steps in previous years to improve the Downtown Plumas Street area, including but not limited to renovation of sidewalks, parking, streets, planting of trees, installation of street/sidewalk bollards, decorative lighting, a park, archway, flower bowls, and a large mural, along with public parking, and B. The DBA, consisting of over 90 members, coordinates numerous events within the DBA boundaries, funding a majority of the events and coordination through fees charged through the DBA to its members, and
C. The City and DBA recognize the many economic and quality of life benefits of having an active downtown that is welcoming to visitors, and for hosting special community related events, and
D. The Parties desire to identify a partnership that allows the City and DBA to enhance visitors to the downtown area, be more efficient in processing special event permits, coordination of events and to ensure adequate steps are taken to maintain the Downtown Yuba City area as an everyday attraction for residents and visitors, and E. This Agreement is intended to formalize the understanding and expectations between the Parties.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained and upon the terms and conditions set forth herein, the Parties hereby agree as follows:
1. Attachment A. City and DBA agree to the tasks and expectations as stated in this attachment, including but not limited to additional efforts to enhance the visibility and attractiveness of the downtown area.
2. Accountability. Twice a year, the DBA shall produce an activity and expense report to the City Manager, who shall in turn, schedule each report to appear before the City Council at a regularly scheduled meeting.
DBA / YUBA CITY MOU
2 3. City Sponsorship. As stated in the attached scope, the City shall be considered a named sponsor, including, but not limited to the events listed in the attachment. This does not prohibit the DBA from securing and naming other presenting or major sponsors based on a DBA determined level of financial or in-kind support. No further direct funding shall be provided to the DBA from the City, unless approved by the City Council through a regular approval process as part of a majority vote of the City Council.
4. Parking. The DBA and the City will work together to increase and enhance parking availability for downtown patrons, including but not limited to improving the City parking area south of Church St and west of Plumas St. and exploring other public parking options.
5. Event Presenters – Vendor Participants. The DBA will not included elected officials advertising for elected office
6. Subleasing or Assigning. DBA shall not be permitted to sublet any part of the City properties located in the downtown area and within the City limits or assign this Agreement or any interest therein.
7. Indemnification. DBA agrees to indemnify, save, hold harmless and defend the City, its officers, agents, employees and volunteers from any and all costs, expenses, damages, liabilities, claims, and losses occurring or resulting from, the negligent or wrongful acts of DBA’s officers, agents, employees and volunteers in connection with this Agreement. Negligent or wrongful acts by members of the public at public events shall not be deemed to be the liability or responsibility of the City.
8. Insurance. DBA agrees to maintain an insurance, self-insurance, or other coverage program adequate to cover its liabilities arising out of the events, maintenance and other agreed upon tasks this Agreement.
9. Notices. All correspondence regarding this Agreement, including any payments, notices, or demands shall be directed to the following persons at the following addresses either by personal delivery (including overnight delivery services) or by U.S. Mail, postage prepaid:
City: City Manager
City of Yuba City
1201 Civic Center Boulevard
Yuba City, California 95993
County: Downtown Business Association
DBA / YUBA CITY MOU
3 P.O. Box 773
Yuba City, California 95992
10. Termination. Either party hereto may at any time, at its sole discretion and for any cause whatsoever, terminate this Agreement upon sixty (90) days prior written notice.
11. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California and any action brought hereunder shall be brought in the Superior Court in and for the County of Sutter.
12. Compliance with Law. City and DBA shall each comply with all Federal, State, and local statutes, ordinances, regulations, rules and orders that concern the use and safety of the Council Chamber.
13. Conflict with Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void.
If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases, the remainder of the Agreement shall continue in full force and effect.
14. Waiver. A party's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon breach of this Agreement shall not constitute a waiver of such performance, right, or remedy. No waiver is binding unless set forth in writing signed by the waiving party.
15. Cumulative Rights. The rights of the parties under this Agreement are cumulative and shall not be construed as exclusive unless otherwise required by law or identified as such in this Agreement.
16. Amendments. Modifications or amendments to this Agreement shall be in writing and executed by both parties.
17. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties as to the subject matter hereof. It supersedes all prior agreements and representations whether written and oral.
18. Successors and Assigns. This agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
DBA / YUBA CITY MOU
4 19. Construction. This agreement reflects the contributions of both parties and accordingly the provisions of Civil Code Section 1654 shall not apply in interpreting this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the respective officers thereunto duly authorized, on the day and year as indicated below to be effective as of the day and year first written above.
DOWNTOWN BUSINESS ASSOCIATION CITY OF YUBA CITY
By: ___________________________ By:
PRESIDENT MAYOR, CITY OF YUBA CITY
DOWNTOWN BUSINESS ASSOCIATION
DATED: DATED:
ATTEST:
CIARA WAKEFIELD
CITY CLERK
By:
APPROVED AS TO FORM
By:
SHANON CHAFFIN
CITY ATTORNEY
ATTACHMENT A
During term of this agreement, the DBA shall:
• Annually hold events that attract tourism and activities to Yuba City. and at a minimum will annually coordinate, fund, staff and host at a level consistent with immediate prior years;
o Summer Stroll
o Winter Stroll
o Car Show (at least one annually)
o Thursday Night Farmer’s Market and Entertainment on Center St. o Easter Event
o Halloween Event
o Other permitted community events designed to increase tourism and community participation
• Any new events scheduled in addition to the aforementioned must first receive authorization from the City or City Manager.
• Insurance - Provide adequate insurance coverage for events coordinated by the DBA as required by the City’s Special Event Policy, which is updated from time to time and which costs for insurance shall be paid by the DBA. • Obtain all necessary California Department of Transportation Encroachment Permits and City of Yuba City Event Permits, and provide for adequate traffic control consistent with the event permits.
• The City is to be listed as the lead event sponsor, including, but not limited to, the above-mentioned events and any new events that are held and coordinated by the DBA.
• Maintain to the City’s satisfaction all flower / plant decorative bowls located strategically along Plumas Street.
• Within the boundaries of the DBA, empty city installed sidewalk and streetside trash receptacles as needed no fewer than twice per week, and immediately (within 24 hours) after large events as listed above.
o Trash receptacles at Tower Park are to be emptied immediately after the conclusion of the above listed events, or any other large scale events are held within and coordinated by the DBA, similar to those listed above. • Within the boundaries of the DBA, remove and dispose of debris via blowers along the sidewalks.
o Leaf disposal within the boundaries of the DBA can be taken to the landscape disposal area of the City’s corporation yard located on Market St.
in Yuba City. A plan for coordinating the disposal must be approved between the DBA, its representative and the Public Works Director for the City. • Coordinate and manage crow / bird removal through an approved contractor using humane and environmentally acceptable methods.
• Provide a report, twice a year, to the City Council, once in January and once in June, reporting on the activities of the DBA and event information that provides attendance figures, impact to businesses and associated economic information. • Provide for frequent power washing of sidewalk areas along Plumas Street, from the intersection of Bridge St. and Plumas St. to the north end of Plumas St. immediately prior and adjacent to the city owned flagpole.
• Take over maintenance and ownership of the “community messaging” box located on Center St. and Plumas St. and affixing a suitable DBA logo near or on the box.
During the term of this agreement, the City shall:
• Provide payment of $95,000 annually, through three payments to the DBA, commencing upon receiving an invoice at least 15 business days prior to the payment due date;
o $31,666 by August 30
o $31,666 by November 30
o $31,668 by April 30
• Provide once a month street sweeping to coincide to the extent possible with DBA sponsored sidewalk debris removal and power washing.
• Be responsible for replacing and / or repairing malfunctioning lighting and signage maintenance and upgrades.
• Street maintenance and repairs
o Does not include street paint art exhibits
• Tree Trimming per a schedule determined by the Director of Public Works. • The City will continue to maintain Tower Park (located at the corner of Plumas and Bridge Streets.
Agenda Item 20
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: David Krause, Police Sergeant - Traffic Summary
Subject: Office of Traffic Safety - Selective Traffic Enforcement Program (STEP) Grant Recommendation: A. Adopt a Resolution authorizing the Chief of Police to accept $90,000 in grant funding from the 2026/2027 Selective Traffic Enforcement Program and approve expenditure recommendations
B. Authorize the Finance Director to make the following supplemental appropriations to Account No. 2164-61430 ($85,472) for personnel overtime costs, No. 2164-62801 ($3,398.00) for travel and training, 2164-63801 ($1130.00) for direct costs associated with the grant. Reimbursement revenues will be recorded through Account No. 2164-43409
Fiscal Impact: Fiscal Impact:
The City will be reimbursed $90,000 from the California Office of Traffic Safety.
No matching funds are required for this grant. Funds will be distributed from Account No. 2164-61430 ($85,472) for personnel overtime costs, No. 2164- 62801 ($3,398.00) for travel and training, and No. 2164-63801 ($1130.00) for direct costs associated with the grant. Reimbursement revenues will be recorded through Account No. 2164-43409.
Purpose:
Reduce the number of persons killed and injured in traffic crashes.
Strategic Focus Area:
The strategic focus area for this grant is Safer Communities.
Background:
In January 2026, the Yuba City Police Department submitted a grant application to the Selective Traffic Enforcement Program Grant offered by the California Office of Traffic Safety. In June 2026 the Department received award notification for the grant with authorization to receive funds in the amount
of $90,000. No matching funds are required by the City of Yuba City to accept the grant. This grant runs in accordance with the Federal Fiscal year 10/01/26-09/30/27.
Analysis:
The Yuba City Police Department has had a positive working relationship with the California Office of Traffic Safety for many years. This year we were selected for funding to maintain an aggressive stance towards those individuals who continue to operate a motor vehicle in our community while under the influence of alcohol and/or drugs. This grant will allow the department to continue to combat impaired drivers in our community. While having an impaired driving component, this grant also allows for other directed enforcement operations. These operations deploy officers within the City with a primary goal of reducing injury crashes through targeting primary crash factors, such as speed and red-light enforcement, in areas with a high frequency of crashes.
The goal of the grant is to reduce the number of persons killed and injured in traffic crashes. “Best practice” strategies will be conducted on an overtime basis. The funded strategies include DUI checkpoints, DUI saturation patrols, general traffic enforcement, bicycle and pedestrian safety enforcement, distracted driver enforcement, and street racing/side show operations. These strategies are designed to earn media attention, thus enhancing the overall deterrent effect. The California Office of Traffic Safety has designed these operations and the funding for them to be done in addition to our daily duties, thus making an additional impact on traffic safety.
In addition, the grant will fund the purchase of DUI Checkpoint Supplies, such as traffic safety cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests, traffic counters, generators, gas for generators, lighting, reflective banners, electronic flairs, PAS device calibration supplies, heaters and propane for the heaters, anti-fatigue mats, and canopies.
The over-arching goal of the enforcement activities, and the acquisition of DUI Checkpoint Supplies which this grant funds, is to create a safer community by deterring dangerous driving behavior.
Fiscal Impact:
The City will be reimbursed $90,000 from the California Office of Traffic Safety. No matching funds are required for this grant. Funds will be distributed from Account No. 2164-61430 ($85,472) for personnel overtime costs, No. 2164-62801 ($3,398.00) for travel and training, and No. 2164-63801 ($1130.00) for direct costs associated with the grant. Reimbursement revenues will be recorded through Account No. 2164-43409.
Alternatives:
Do not accept the grant and / or direct staff to research alternatives.
RECOMMENDATION:
A. Adopt a resolution authorizing the Chief of Police to accept $90,000.00 in grant funding from the 2026/2027 Selective Traffic Enforcment Program and approve expenditure recommendations.
B. Authorize the Financial Director to make the following supplemental appropriations to Account No. 2164-61430 ($85,472.00) for personnel overtime costs, No. 2164-62801 ($3,398.00) for travel and training, and No. 2164-63801 ($1130.00) for direct costs associated with the grant. Reimbursement revenues will be recorded through Account No. 2164-43409.
Attachments:
1. Yuba City PD Grant Agreement - PT27181
2. 2026-2027 STEP Grant RESOLUTION
Prepared By: Submitted By:
David Krause
Traffic Sergeant
Robert Bendorf
City Manager
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT27181
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Yuba City
4. AGENCY UNIT TO ADMINISTER GRANT
Yuba City Police Department
From:
To:
10/01/2026
09/30/2027
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $90,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.
Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed.
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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
David Krause
Traffic Sergeant
[email protected]
(530)822-6235
1545 Poole Boulevard
Yuba City, CA 95993
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
James Runyen
Chief of Police
[email protected]
530-822-2055
1545 Poole Blvd.
Yuba City, CA 95993
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Diona Pope
Finance Director
[email protected]
(530) 822-4803
1545 Poole Boulevard
Yuba City, CA 95993
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
PBUJLH2KP9T9
1210 Civic Center Blvd
Yuba City
95993-3005
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $90,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$90,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds. $ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $90,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT27181
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Yuba City has a population of approximately 70,000 and covers approximately 15 square miles.
The metropolitan area of the City of Yuba City has a population of approximately 164,000, making it the economic and recreational hub of the Yuba-Sutter area. Motorists, pedestrians, and bicyclists are drawn to the City of Yuba City for its economic and recreational opportunities. Maintaining directed enforcement efforts is needed to reduce the number of people injured and/or killed in traffic crashes in Yuba City.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
Continuing efforts are needed to reduce the number of people injured and killed in traffic crashes in Yuba City.
According to the 2023 OTS rankings, Yuba City ranked 11th among the 103 cities in its size category for total fatal and injury crashes. This is slightly worse in the rankings compared to the 2022 ranking of 19th. In 2023, we saw a 20% increase in total fatal and injury crashes compared to 2022.
In 2024, we had 5 fatalities. That number decreased to 3 in 2025. Speed continues to be the leading contributor to injury crashes in Yuba City. Speed as a primary crash factor (PCF) accounted for
26.2% of injury crashes in 2025. This is a slight increase from 25.09% in 2024.
Yuba City is positioned at the intersection of two State Route Highways, State Route 99 and State Route 20.
Both highways bring a large volume of commuter traffic through the city. Both State Routes are multi-lane highways where radar enforcement is a challenge. Speed is the leading PCF for crashes on both state routes. State Route 20 consistently remains the roadway with the most injury crashes per year, followed by State Route 99. State Route 20 and State Route 99 are #1 and #2 out of the top 5 injury crash locations in Yuba City.
In 2025, 5.22% of all injury crashes in Yuba City were caused by unsafe speed on State Route 20,
3.36% of all injury crashes in Yuba City were caused by unsafe speed on State Route 99. Turning movement violations accounted for 7.01% of all injury crashes in 2025 (down from 12.36% in 2024). Alcohol related injury crashes accounted for 8.36% of all injury crashes in 2024. Alcohol related injury crashes have increased to 11.44% of all injury crashes and are now the second leading PCF in Yuba City after unsafe speed.
The Yuba City Traffic Enforcement and Education Unit uses police motorcycles to effectively enforce traffic law on our streets and highways. Motorcycles are more effective than full-size patrol vehicles in navigating and efficiently moving through the congested roadways to catch up to violators. This enables not only enforcement but also decreases response times to crash scenes. Despite the advantages, motorcycles are less effective at handling a Driving While Intoxicated investigation and arrest. Motorcycles cannot transport people, so patrol officers must be utilized if a DUI arrest is made. DUI enforcement tends to be more effective after dark when motorcycles are less advantageous and more dangerous to operate.
Pedestrian and Bicycle crashes are a continuing problem in Yuba City. 2023 OTS rankings placed Yuba City 27th out of 103 for bicyclist victims killed and injured, and 35th for bicyclist victims under fifteen injured and or killed. Overall, Yuba City ranked 11th out of 103 for pedestrians killed and injured, and 44th out of 103 for pedestrians under 15 years old injured or killed.
Crashes involving pedestrians are a major concern in Yuba City. Of the 3 fatal crashes in Yuba City in 2025, 2 involved pedestrians. Since 2013, pedestrian injury crashes remained consistent at 33 for 2013 and 2014. 2015 saw a reduction to 23 pedestrian crashes, but 2016 we were back up to 33 injuries, and 2017 mirrored 2016 at 29. There were 3 pedestrian fatalities in each year 2013, 2014 and 2017. During 2017, pedestrians were found at fault in two fatal pedestrian crashes. Two of the pedestrian fatalities involved
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a pedestrian crossing the road during darkness outside of a crosswalk on or adjacent to a state highway. In 2019, pedestrian injury crashes were up from previous years at 24, and 2020 saw a decrease in pedestrian crashes of 19, two of which were fatalities. In 2022, there were a total of 32 pedestrians injured in crashes, three of which were fatalities. The number of injuries rose slightly in 2023 to 34, with one fatality. In 2024, we had two pedestrians killed in crashes with 38 injured. In 2025, 2 pedestrians were killed in crashes. The Police Department began educational and directed enforcement efforts to address the issue of bicycle and pedestrian crashes in the city, and continued efforts are needed.
Motorcycle crashes have been a traffic safety problem in Yuba City. In 2018, we had 16 injury-related motorcycle crashes, which remains consistent with previous years. In 2019, we saw that number decrease to only 10, and in 2020, we saw a slight increase to 12 motorcycle injury crashes. In 2021, Yuba City ranked 18th for motorcycle victims killed and injured. In 2022, Yuba City is ranked 18th out of 104 for motorcycle injury crashes. In 2023, we had 10 motorcycle injury crashes, which put Yuba City’s ranking at 49 of 103.
Efforts to curtail motorcycle injuries need to continue with not only enforcement details, but also with education outreach to the community. Motorcycle safety classes and presentations could help increase motorcycle safety in the community while also bettering the department’s relationship with our community and increasing our community’s investment in motorcycle safety.
Street racing and sideshow activity became a major quality-of-life and safety issue for local residents beginning in 2021. Hundreds of cars have descended upon the city and gathered in empty parking lots such as the Yuba City Mall, Kohl’s, and the Yuba College Community Parking lot. Fortunately, no deaths have occurred to date as a result of sideshow activity or crashes, but we have had two serious injuries related to a pursuit that initiated at the scene of a sideshow. We also had a patrol car, with an officer inside, vandalized by sideshow participants. Due to the increased lawlessness of sideshow activities, 2023 saw a concerted effort between city stakeholders and local jurisdictions to address the threat to the community. A new municipal ordinance was approved by the City of Yuba City Council to complement existing law to assist in addressing the rising trend, in addition to collaborative enforcement activities between local agencies. With the assistance of OTS, the City of Yuba City can continue to partner with local law enforcement agencies to combat illegal sideshow activity in an effort to make the roadways safer for everyone and reduce the number of citizens killed and/or injured on our roadways. These efforts have been effective and Yuba City now has a reputation as a poor place to conduct these side show events due to the increased enforcement. We have seen a major decrease in sideshow activity and did not have any major street racing events in Yuba City in 2025. It is important that our department continues taking a strong stance on street racing and sideshow enforcement to keep Yuba City free of that kind of activity.
Driving under the Influence (DUI) continues to be a societal issue as well as a contributing factor for crashes in the City of Yuba City. In 2025, there were a total of 271 injury crashes, and 31 of them involved alcohol or drugs. We had one fatality from alcohol related crashes in 2025, a decrease from 3 in 2024. OTS has ranked Yuba City 15 of 103 in 2023 for alcohol related crashes. Yuba City has more alcohol related crashes than most other cities with similar populations.
The Yuba City Police Department has trained over 2/3rds of its personnel in Standardized Field Sobriety (SFST) testing and over half of its personnel in Advanced Roadside Impaired Driving Enforcement (ARIDE).
Additional trainings are scheduled in fiscal year 2026. The department is focusing on training in-house personnel to be instructors in both areas to increase the availability and accessibility of training for new officers in an effort to make a positive impact on this continued issue. Ongoing efforts are needed to continue to reduce the number of alcohol and drug-related crashes and associated injuries and deaths.
Training and education of officers on DUI investigations can have a significant impact on the number of DUI arrests. In the 2023 OTS rankings, YCPD ranked 98/103 for DUI arrests, indicating we have some of the strongest DUI enforcement in the state for like-sized agencies. Despite our ranking, we can, and need to do more if we are to decrease the number of people injured and killed on our roadways in alcohol related crashes. Alcohol related DUI crashes accounted for 11.44% of the total crashes in 2025 and are the second leading PCF in our city.
The traffic unit is responsible for handling injury and non-injury crashes during their regular duties in addition to all major and fatal injury crashes that occur during non-duty hours. Due to current staffing issues, the traffic unit is assigned two motor officers and one supervisor, but we are budgeted for four motor officers. Yuba City is facing financial struggles from a slowed local economy and lingering economic effects
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of COVID lockdowns that ended dozens of local businesses. While our department is not going to lose officers, we are not in a financial position to expand. The Traffic Unit has lost two positions that were frozen to save money. This leaves only two motor officers and one sergeant.
Define the target population the grant intends to serve and how they are affected by the problem(s).
The residents of Yuba City who commute to and from home daily, as well as travelers who use State Route 99 and State Route 20, would benefit from increased enforcement and safety regulation on our roadways. Additionally, the non-driving population in the Yuba City area, such as people experiencing homelessness, would benefit as well. Currently, nearly half of the fatal crashes we experience in Yuba City involve a pedestrian or bicyclist. Increased presence and enforcement from law enforcement would make the roadways safer for this vulnerable population.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.
12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4
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6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2
8. Send law enforcement personnel to SFST Instructor training. 2
9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 10. Conduct DUI Saturation Patrol operation(s). 20
11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
16 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 16. Participate in highly visible collaborative DUI Enforcement operations. 3
17. Participate in highly visible collaborative Traffic Enforcement operations. 2
18. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 19. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 20. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.
• In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
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Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
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• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT27181
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$50,000.00
402PT-27 20.600 State and Community Highway
Safety
$24,000.00
405e DDA-27 20.616 Distracted Driving Awareness $16,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164ID-27 $4,000.00 6 $24,000.00
DUI Saturation Patrols 164ID-27 $1,000.00 20 $20,000.00 Collaborative DUI Enforcement 164ID-27 $950.00 3 $2,850.00 Benefits for 164ID OT @ 4.31% 164ID-27 $46,860.00 1 $2,020.00 Traffic Enforcement 402PT-27 $1,000.00 10 $10,000.00
Motorcycle Safety Enforcement 402PT-27 $950.00 2 $1,900.00 Pedestrian and Bicycle Enforcement 402PT-27 $950.00 4 $3,800.00 Collaborative Traffic Enforcement 402PT-27 $575.00 2 $1,150.00 Street Racing and Sideshow Enforcement
Operations
402PT-27 $950.00 2 $1,900.00
Traffic Safety Educational Presentations 402PT-27 $500.00 2 $1,000.00 Benefits for 402PT OT @ 4.31% 402PT-27 $19,758.00 1 $852.00 Distracted Driving Enforcement 405e DDA27$958.69 16 $15,339.00 Benefits for 405e OT @ 4.31% 405e DDA27$15,339.00 1 $661.00 Category Sub-Total $85,472.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $3,398.00 1 $3,398.00
$0.00
Category Sub-Total $3,398.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164ID-27 $1,130.00 1 $1,130.00
Category Sub-Total $1,130.00
F. INDIRECT COSTS
$0.00
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Category Sub-Total $0.00
GRANT TOTAL $90,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT27181
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164ID OT @ 4.31% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Benefits for 402PT OT @ 4.31% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Benefits for 405e OT @ 4.31% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Summit – November 2026 – San Diego, CA, OTS Traffic Safety Law Enforcement Forum, and GHSA Annual Meeting – August 2027 – Anaheim, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
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There will be no program income generated from this grant.
Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.
Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT27181
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE, OF THE FY 2026-2027 CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM”
WHEREAS, the Yuba City Police Department submitted for the Selective Traffic Enforcement Program Grant offered by the California Office of Traffic Safety, and received an award notification for the grant with authorization to receive funds in the amount of $90,000.
WHEREAS, the goal of the grant is to reduce the number of persons killed and injured in traffic crashes, and will be used to cover the cost of enforcement operations, educational materials, and DUI checkpoint supplies.
WHEREAS, the grant will also fund training and certification for two officers to become a Drug Recognition Expert (DRE) and one officer to become a certified Standardized Field Sobriety Test instructor.
WHEREAS, the Yuba City Council desires to undertake the projects designated as the Selective Traffic Enforcement Program to be funded in part from funds made available through the California Office of Traffic Safety (OTS).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. The Chief of Police of the City of Yuba City is authorized, on its behalf, to execute a contract, including any extensions or amendments thereof and any subsequent contract with the State and the OTS in relation thereto, to effectuate acceptance of the grant for the Selective Traffic Enforcement Program, subject to approval as to legal form by the City Attorney.
2. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
3. This award is not subject to local hiring freezes.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on August 18th, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Marc Boomgaarden, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Agenda Item 21
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: David Krause, Police Sergeant - Traffic Summary
Subject: FY26/27 Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP)
Recommendation: A. Adopt a Resolution authorizing the Chief of Police to accept $269,666.80 in grant funding from the 2026/2027 Cannabis Tax Fund Grant Program and approve expenditure recommendations
B. Authorize the Finance Director to make the following supplemental appropriations to Account No. 2162-61430 ($61,210.80) for personnel overtime costs, No. 2162-63801 ($12,000.00) for tools, supplies and equipment, No. 2162-62801 ($15,456.00) for travel and training expenses, and No. 2162-69401 ($181,000.00) for equipment expenses. Reimbursement revenues will be recorded through Account No. 2162-69401
Fiscal Impact: Fiscal Impact:
The City will be reimbursed $269,666.80 from the California Highway Patrol. No matching funds are required for this grant. Funds will be distributed to Account No. 2162-61210 ($61,210.80) for personnel overtime costs, No. 2162-63801 ($12,000.00) for tools, supplies and equipment, No. 2162-62801 ($15,456.00) for travel and training expenses, and No. 2162-69401 ($181,000.00) for equipment expenses. Reimbursement revenues will be recorded through Account No. 2162-69401.
Purpose:
To obtain equipment and additional training for Traffic Enforcement Officers and the Yuba City Police Department to utilize, and to conduct enforcement efforts that specifically target impaired driving in our community. DUI Checkpoint Operations and DUI Saturation Patrols will be conducted throughout the fiscal year:
24 DUI Saturation Patrols – $34,977.60
4 DUI Checkpoint Operations - $26,233.20
The purchase and addition of a Traffic Enforcement Patrol Vehicle to the traffic unit as well as the
purchase and addition of a Heavy Duty Pickup that can adequately pull our DUI enforcement trailer.
These vehicles will add to the capabilities of the department Traffic Unit and the effectiveness of our department in deterring impaired driving in Yuba City.
DUI Patrol Vehicle (Ford Explorer Interceptor) – $94,000.00 Patrol Vehicle Heavy Duty Pickup (Chevrolet 2500 Crew Cab) - $87,000.00 Training of Yuba City Police Department Personnel in Standardized Field Sobriety Tests (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and Drug Recognition Expert training (DRE).
6 Officers SFST - $4,032.00
4 Officers ARIDE - $2,688.00
2 Officers DRE - $8,732.00
The purchase of Preliminary Alcohol Screening Devices (PAS devices) for use in detecting impaired drivers and to present evidence of intoxication levels during the criminal justice process.
15 PAS devices - $12,000.00
Strategic Focus Area:
The strategic focus area for this grant is Safer Communities.
Background:
In February 2026, the Yuba City Police Department submitted a grant application to the Cannabis Tax Fund Grant Program (CTFGP) offered by the California Highway Patrol. In July 2026 the Department received award notification for the grant with authorization to receive funds in the amount of $269,666.80. No matching funds are required by the City of Yuba City to accept the grant. This grant runs in accordance with the State Fiscal year 7/01/26-06/30/27.
Analysis:
According to the California Office of Traffic Safety (OTS), in 2022 The City of Yuba City was ranked 19th of 104 for total fatal and injury crashes (population size 50,000-100,000) and 19th of 104 for crashes involving alcohol with drivers between 21 and 34 years old (11th of 104 for drivers under 21 years old).
These rankings worsened for our city in 2023. The City of Yuba City was ranked 11th out of 103 (population size 50,000-100,000) for total fatal and injury crashes in 2023 and 18th out of 103 in for crashes involving alcohol with drivers between 21 and 34 years old (4th of 103 for drivers under 21 years old).
The Yuba City Police Department continues to focus on DUI as a community danger with directed enforcement efforts. In 2023, we were 5th out of 103 agencies in proactive DUI enforcement (we were 1st in 2022). Despite this, the problem of impaired driving is very prevalent in our community and when compared to similar sized cities, Yuba City sees more injury and fatal crashes than most others. In 2025, the Yuba City Police made 278 arrests for driving under the influence of alcohol and/or drugs.
We are the 5th most proactive law enforcement agency (of 103 agencies of our size) in DUI enforcement in California. Although we have a high level of DUI enforcement in our community, we have a continued need to increase our enforcement. The proposed solution is to use the funds from the CTFGP grant to purchase equipment that will make our enforcement more effective such as
modern alcohol screening devices to make DUI detection easier and more accurate and patrol vehicles that are dedicated to DUI enforcement. The funds will also be used to conduct 4 additional DUI Checkpoint Operations and 24 additional DUI Saturation Patrols. The funding will effectively double our DUI enforcement efforts throughout the year.
The enforcement details and the acquisition of equipment funded by this grant will help create a Safer Community in Yuba City by giving us the resources to increase our enforcement efforts on impaired driving.
Fiscal Impact:
The City will be reimbursed $269,666.80 from the California Highway Patrol. No matching funds are required for this grant. Funds will be distributed to Account No. 2162-61430 ($61,210.80) for personnel overtime costs, No. 2162-63801 ($12,000.00) for tools, supplies and equipment, No. 2162-62801 ($15,456.00) for travel and training expenses, and No. 2162-69401 ($181,000.00) for equipment expenses. Reimbursement revenues will be recorded through Account No. 2162-69401.
Alternatives:
Do not accept the grant and / or direct staff to research alternatives.
Recommendation:
A. Adopt a resolution authorizing the Chief of Police to accept &269,666.80 in grant funding from the 2026/2027 Cannabis Tax Fund Grant Program and approve expenditure recommendations.
B. Authorize the Finance Director to make the following supplemental appropriations to Account No. 2162-61430 ($61,210.80) for personnel overtime costs, No. 2162-63801 ($12,000.00) for tools, supplies and equipment, No. 2162-62801 ($15,456.00) for travel and training expenses, and No. 2162- 69401 ($181,000.00) for equipment expenses. Reimbursement revenues will be recorded through Account No. 2162-69401.
Attachments:
1. FY26-27 CTFGP Grant Agreement - Yuba City PD
2. FY26-27 CTFGP Intent to Award - Yuba City PD
3. CTFGP Cannabis Grant 26-27 RESOLUTION
Prepared By: Submitted By:
David Krause
Traffic Sergeant
Robert Bendorf
City Manager
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
30956 ________________________________________________________________
1. GRANT TITLE
FY26/27 CTFGP Law Enforcement – Yuba City Police Department
2. NAME OF ORGANIZATION/AGENCY
Yuba City Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Yuba City Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2026 To: 06/30/2027
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $269,666.80
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: James Runyen
Title: Police Chief
Phone: (530) 822-6235
Address: 1545 Poole Boulevard
Yuba City, CA 95993
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Elliotte Johnson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Diona Pope
Title: Director of Finance
Phone: (530) 822-6235
Address: 1201 Civic Center Boulevard
Yuba City, CA 95993
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
Yuba City Police Department
The Grantor determined awards and adjustments based on the Project’s merit, operational scale, compliance with the Request for Application (RFA), and program regulations. Certain activities or budget items proposed in Schedule A may have been deemed ineligible for funding. The final, binding list of authorized activities and expenses is set forth in Schedule B - Detailed Budget Estimate.
Project Description
The DUI grant project for 2025-2026 is a forward-thinking initiative developed to tackle the critical issue of impaired driving within Yuba City. This plan centers on strengthening DUI enforcement and prevention through a comprehensive set of strategies. A primary focus of the grant is to enhance the training of Yuba City police officers, ensuring they receive ongoing education and skill development to effectively identify, investigate, and manage DUI cases. New officers will participate in programs like SFST, ARIDE, and the DRE program. This training will equip them with the expertise needed to address this critical issue in Yuba City.
The grant also funds the replacement of outdated alcohol screening devices, ensuring officers have reliable tools for enforcement.
Our Traffic Unit within the Yuba City Police Department is comprised of motorcycle positions that are focused on daytime traffic enforcement. Our department securing a patrol vehicle specifically designed for DUI enforcement would allow our traffic unit to directly address the issue of impaired driving in Yuba City. Our unit is also in need of a vehicle capable of pulling our DUI enforcement trailer. We currently do not have a vehicle capable of handling that much weight. These improvements will boost the efficiency and effectiveness of Yuba City’s operations and our department’s impact on the Impaired Driving problem.
Ultimately, the goal is to enhance road safety and reduce impaired driving incidents throughout Yuba City.
With better-trained officers, updated equipment, focused enforcement, and stronger community engagement, the city is committed to creating a safer environment for all residents.
Problem Statement
Yuba City, located in Sutter County, serves as a regional hub with a diverse and growing population. The city’s unique position as a crossroads for commuters, agricultural workers, and travelers contributes to a dynamic traffic environment. However, this also brings significant public safety challenges, particularly related to impaired driving.
Despite ongoing enforcement efforts, Yuba City continues to experience a troubling number of traffic collisions, many involving drivers under the influence of alcohol or drugs. These incidents not only endanger the lives of residents and visitors but also place a considerable strain on local law enforcement resources.
Officers are tasked with the dual responsibility of proactive enforcement and rapid response to accidents, which is further complicated by the city’s role as a thoroughfare for regional traffic.
Our Motorcycle fleet (5 motorcycles) are equipped with aged and obsolete police communication radios. The Radios do not function well and are inconsistent modern standards. Because of their age, the Bluetooth communication modules that allow hands free communication (essential for motorcycle operators) are obsolete as well. The equipment is failing and inhibiting the use of the motorcycles in traffic and impaired driving enforcement. The cost of replacing five radios has prohibited their replacement.
The prevalence of impaired driving heightens the risk of serious injuries and fatalities on Yuba City’s roads.
This persistent issue underscores the urgent need for targeted strategies, enhanced enforcement, and community education to reduce the incidence of dangerous driving behaviors and improve overall traffic safety.
Schedule A
Driving under the Influence (DUI) is a contributing factor for too many crashes in the City of Yuba City. In 2025, there were a total of 271 injury crashes, and 31 of them involved alcohol or drugs. We had one fatality from alcohol related crashes in 2025, a decrease from 3 in 2024. Yuba City is ranked 15th of 103 in 2023 for alcohol related crashes. Yuba City has more alcohol related crashes than most other cities with similar populations.
The Yuba City Police Department has trained over 2/3rds of its personnel in Standardized Field Sobriety (SFST) testing and over half of its personnel in Advanced Roadside Impaired Driving Enforcement (ARIDE).
Additional trainings are scheduled in fiscal year 2026. The department is focusing on training in-house personnel to be instructors in both areas to increase the availability and accessibility of training for new officers in an effort to make a positive impact on this continued issue. Ongoing efforts are needed to continue to reduce the number of alcohol and drug-related crashes and associated injuries and deaths. Training and education of officers on DUI investigations can have a significant impact on the number of DUI arrests. In the 2023 OTS rankings, YCPD ranked 98/103 for DUI arrests, indicating we have some of the strongest DUI enforcement in the state for like-sized agencies. Despite our ranking, we can, and need to do more if we are to decrease the number of people injured and killed on our roadways in alcohol related crashes. Alcohol related DUI crashes accounted for 11.44% of the total crashes in 2025 and are the second leading Primary Collision Factor in our city.
These incidents not only endanger the lives of residents and visitors but also place a considerable strain on local law enforcement resources. Officers are tasked with the dual responsibility of proactive enforcement and rapid response to accidents, which is further complicated by the city’s role as a thoroughfare for regional traffic.
The prevalence of impaired driving heightens the risk of serious injuries and fatalities on Yuba City’s roads.
This persistent issue underscores the urgent need for targeted strategies, enhanced enforcement, and community education to reduce the incidence of dangerous driving behaviors and improve overall traffic safety.
Performance Measures/Scope of Work (Proposed Solution)
Proposed Solution for the Yuba City Police Department: Combating Impaired Driving Collaboration & Inclusivity
The Yuba City Police Department will ensure enforcement is fair and unbiased, reporting stop data to relevant authorities (such as RIPA), and maintaining transparency with the community. Officers will be trained to understand the difference between the letter and the spirit of the law, using their judgment to protect all residents and visitors.
Program Overview
The Yuba City Police Department proposes a multi-faceted initiative that integrates education, enforcement, community engagement, and interagency collaboration to address impaired driving. This approach draws on proven strategies implemented by neighboring agencies.
The addition of a patrol vehicle to the Yuba City Police Department Traffic unit will enable the fielding of a full time DUI focused Traffic Officer. This position would work during swing shift hours to maximize DUI enforcement throughout the work week, on a full-time basis and outside of grant funded operations. The officers assigned and the patrol vehicle would also be utilized to assist with DUI Saturation Patrols and DUI Checkpoint events that are grant funded. In 2025, 11.4% of the collisions in the city involved an impaired driver. A dedicated officer patrolling for DUIs full time is intended to address this and make Yuba City’s roads safer.
Our current fleet of motorcycles has radios that are over 20 years old, are no longer in production and are obsolete. They are not compatible with currently manufactured Bluetooth communication modules that allow for hands free (essential on a motorcycle) radio communication with the dispatch center. The acquisition of new police radios and Bluetooth communication modules for our motorcycles will keep us operating efficiently and enable us to meet our department goals of reducing impaired driving related collisions and injuries.
Schedule A
Enforcement & Specialized Training To complement education, enforcement will be a cornerstone of the strategy:
• Conducting DUI checkpoints throughout the year (including weekends, holidays) in areas known for frequent DUI incidents.
o The addition of a Patrol Vehicle capable of towing our DUI trailer over (10,000 GVWR) is needed for Checkpoint Operations. It could also be utilized as a utility vehicle for special events and educational events the Yuba City Police Department Traffic Unit participates in. • Deploying saturation patrols and directed patrols throughout the city with a focus on the highly traveled roadways in the city. We will utilize officers specifically trained to detect signs of alcohol and drug impairment.
o 24 DUI Saturation Patrols (Q1=6, Q2=6, Q3=6, Q4=6): Aim to reduce impaired driving in Yuba City
• 4 License and Sobriety Checkpoints (Q1=1, Q2=1, Q3=1, Q4=1): Aim to improve roadway safety by presenting a strong presence in the community and screening for impaired drivers. • Providing updated and modern Preliminary Alcohol Screening Devices to our officers will enable them to more effectively address and enforce laws and regulations governing impaired driving. • Sending officers to specialized DUI training, including SFST, ARIDE, DART, and DRE. This will make officers better at DUI detection and enforcement and increase the effectiveness of impaired driving operations.
o Send 6 Officers to NHTSA Standardized Field Sobriety Testing (SFST) POST-certified training during the first quarter of the grant.
o Send 4 Officers to NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) during the first quarter of the grant
o Send 2 Officers to the Drug Recognition Expert (DRE) training during the first quarter of the grant.
• Sending officers to Sobriety and Driver License Checkpoint Training, and LIDAR/Radar training for speeding enforcement.
o This will make officers better equipped to organize and plan impaired DUI checkpoint operations, making them safer and more efficient.
o This will make officers better at enforcing general traffic law and promoting safe driving habits. It also equips them to increase their enforcement stops, which increases the contact they have with drivers. The more drivers they contact, the more impaired drivers they can locate.
• Collaborating with neighboring agencies such as the Sutter County Sheriff’s Department and the California Highway Patrol to increase law enforcement visibility and impact in problem areas.
Education & Community Engagement
The Yuba City Police Department will launch a robust education campaign to raise awareness about the dangers of impaired driving, including both alcohol and drug impairment. This will include:
• Setting up traffic safety booths at local events, distributing informational materials, and engaging directly with the public.
• Leveraging social media platforms to share facts, statistics, and personal stories about the risks and consequences of impaired driving.
• Collaborating with local media outlets to highlight impaired driving dangers and promote available resources for those struggling with addiction.
• Conducting educational programs and presentations at schools, community centers, and public events to inform residents about the effects of impaired driving, legal consequences, and prevention strategies.
• Public Education
o 12 Public education presentations (monthly) to groups in Yuba City about the dangers of driving while impaired and strategies to avoid impaired driving. o Impaired Driving informational packets and brochures will be prepared and available to the public. They will be handed out and discussed during at least 3 annual public events that have over 1000 people in attendance.
Schedule A
• Continuous Outreach & Evaluation Education will remain a continuous priority, with ongoing outreach to shift public attitudes and encourage responsible decision-making. The effectiveness of these efforts will be evaluated by:
o Monitoring DUI trends and injury collision statistics. o Gathering community feedback through surveys and public forums. o Adjusting strategies as needed to ensure responsiveness and effectiveness.
The Project Objectives are the following:
• Reduce the number of impaired driving related collisions in Yuba City. • Reduce the number of injuries resulting from impaired driving incidents in Yuba City. • Enhance community engagement and awareness of the dangers of driving while impaired. • Increase training and resources for officers in identifying and addressing impaired driving. • Procure additional equipment, such as breathalyzers and Drug Recognition Experts, to improve enforcement capabilities.
• The Yuba City Police Department's goal is to reduce impaired driving incidents, including DUI related crashes, by 20% within the duration of the grant period.
Goal
By combining targeted enforcement, specialized training, and proactive education, the Yuba City Police Department aims to reduce impaired driving incidents, prevent injuries and fatalities, and promote responsible driving behavior. This comprehensive approach will contribute to a safer and more secure environment for all community members.
Project Performance Evaluation
Method of Evaluation:
To assess the effectiveness of our impaired driving enforcement initiative, the Yuba City Police Department will employ a combination of quantitative and qualitative evaluation methods:
• Quantitative Data Collection:
o Track the number of impaired driving incidents, arrests, and DUI-related accidents before, during, and after the project’s implementation to measure changes in frequency and severity. o Record the number of DUI checkpoints and saturation patrols conducted, as well as the number of impaired drivers identified through license plate recognition systems and other technology.
o Monitor the percentage of officers who receive specialized training in impaired driving detection and the deployment of resources such as breathalyzers and drug recognition experts.
o Measure improvements in the efficiency and accuracy of DUI testing with any new equipment or procedures introduced.
• Qualitative Data Collection:
o Conduct surveys and interviews with community members to gather feedback on their awareness of impaired driving risks and their perceptions of law enforcement efforts. o Collect input from officers through post-training evaluations and feedback forms regarding the effectiveness of new tools and training.
o Gather community feedback during outreach events, such as workshops, school presentations, and citizen academies.
Communication Plan:
To ensure transparency and keep both internal and external stakeholders informed:
• Internal Communication:
o Provide regular updates to Yuba City Police Department staff and officers through meetings, emails, and internal reports.
o Encourage feedback and suggestions from personnel to continuously improve project strategies and outcomes.
Schedule A
• External Communication:
o Share project updates and results with city officials, community organizations, and the public through press releases, social media, and the department’s website. o Present data and outcomes at community events and local media outlets to demonstrate accountability and highlight positive impacts.
o Develop comprehensive reports summarizing both quantitative and qualitative findings, using visual aids such as charts and infographics for clarity. o Establish a schedule for consistent communication of project progress and results to all stakeholders.
By implementing this evaluation and communication plan, the Yuba City Police Department will demonstrate the project’s positive impact on public safety and foster ongoing community engagement and trust.
Program Sustainability
The Yuba City Police Department is dedicated to sustaining DUI enforcement and impaired driving prevention while reducing reliance on grant funding. If awarded the requested resources, YCPD will integrate new equipment into regular operations, enabling continued checkpoints, patrols, and investigations without further immediate purchases. Officer training will be incorporated into ongoing in-service programs, minimizing the need for external funding for specialized courses.
Over the next three to five years, YCPD will maximize existing resources, conduct annual evaluations to assess funding needs, and proactively seek alternative sources such as city funds, federal grants, and community partnerships. The City of Yuba City has consistently allocated funds to traffic safety, demonstrating ongoing support.
To further ensure sustainability, YCPD will expand outreach with local schools and organizations, collaborate with other agencies to share resources and best practices, and regularly assess operations for efficiency. The YCPD will continue to utilize the equipment acquired to affect the enforcement efforts and activities that prove effective. These strategies will help YCPD gradually reduce dependence on external grants while maintaining a strong commitment to traffic safety and impaired driving prevention.
Administrative Support
The Yuba City Police Department is fully prepared to implement this project, drawing on extensive experience in traffic safety and grant management. Our personnel are trained in DUI enforcement, collision investigations, and community outreach, ensuring we can effectively address impaired driving and related safety concerns. The department’s Admin & Finance team has a strong track record in budgeting and grant administration, guaranteeing proper allocation and tracking of funds.
YCPD prioritizes ongoing training, with officers regularly attending workshops and courses such as SFST, ARIDE, and collision investigation. This commitment to professional development keeps our team current with best practices and enhances our ability to conduct DUI checkpoints and enforcement operations. Our patrol division is well-staffed and equipped, ready to manage all project activities and achieve our goal of reducing injuries and fatalities.
Grant funds will be used to provide additional training and resources, further strengthening our capacity.
Community Service Officers and non-sworn staff will assist with checkpoint setup, statistics, paperwork, and communications. Officers from neighboring agencies may be invited to participate, fostering collaboration and resource sharing. YCPD’s sustainability plan includes integrating grant-funded assets into regular operations, seeking alternative funding sources, and maintaining strong community partnerships to ensure long-term success.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
30956 Yuba City Police Department $269,666.80
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
Preliminary Alcohol Screening Devices $12,000.00
Category Sub-Total $12,000.00
Personnel
Saturation Patrols $34,977.60
DUI Checkpoints $26,233.20
Category Sub-Total $61,210.80
Travel
SFST Training - Attend Travel $4,032.00
ARIDE Training - Attend Travel $2,688.00
DRE Training - Attend Travel $8,736.00
Category Sub-Total $15,456.00
Equipment
DUI Patrol Vehicle $94,000.00
Patrol Vehicle Truck $87,000.00
Category Sub-Total $181,000.00
Grant Total $269,666.80
Schedule B-1
Budget Narrative
Yuba City Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
Preliminary Alcohol Screening Devices
$12,000.00
15 Drager Alcotest 6000 Preliminary Alcohol Screening Devices X 15 units X $800 = $12,000 Personnel
Saturation Patrols
$34,977.60
DUI Saturation Patrols
24 DUI Saturation Patrols X 2 Officers X 6 hours X 121.45 DUI Checkpoints
$26,233.20
4 DUI Checkpoints X 9 Officers, X 6 hours, X 121.45 = 26,233.20 Travel
SFST Training - Attend Travel
$4,032.00
SFST Training (16 hours/2 days)
6 Officers X (Per Diem $86/day + $250 hotel) X 2 days
6 x 2 x (86+250) = $4032
REIMBURSEMENT WILL BE AT CALIFORNIA STATE (CALHR) RATES. ANY COSTS BEYOND STATE TRAVEL RATES WILL BE THE REPONSIBILITY OF THE GRANTEE.
ARIDE Training - Attend Travel
$2,688.00
ARIDE Training (16 hours/2 days)
4 Officers X 2 days x (Per Diem $86/day + $250 for hotel) 4 x 2 x (86+250) = $2688
REIMBURSEMENT WILL BE AT CALIFORNIA STATE (CALHR) RATES. ANY COSTS BEYOND STATE TRAVEL RATES WILL BE THE RESPONSIBILITY OF THE GRANTEE.
DRE Training - Attend Travel
$8,736.00
DRE Training (104 hours/13 days)
2 Officers x 13 days x (Per Diem $86/day + $250 hotel)
2 x 13 x (86+250) = $8736
REIMBURSEMENT WILL BE AT CALIFORNIA STATE (CALHR) RATES. ANY COSTS BEYOND STATE TRAVEL RATES WILL BE THE REPONSIBILITY OF THE GRANTEE.
Schedule B-1
Budget Narrative
Yuba City Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Equipment
DUI Patrol Vehicle
$94,000.00
DUI Patrol Vehicle
Ford Explorer X 1 = $65000
Patrol Vehicle outfitting = $29,000
To support effective DUI enforcement and ensure Officer Safety, the Yuba City Police Department needs to outfit patrol vehicles with essential equipment, including lights, sirens, Police Radios, Speed Detecting Radars, and patrol vehicle graphics, etc.
* NOTE: CGU WILL ONLY COVER 1 YEAR RADIO ESSENTIAL SERVICE - AGENCY IS RESPONSIBLE FOR REMAINING WARRANTY COSTS.
Patrol Vehicle Truck
$87,000.00
3/4-ton truck capable of pulling a 12000 lb. trailer (1700 lb. hitch weight).
Chevrolet 2500 Crew Cab Pick-up W/Tow package X1 = $58,000 Patrol Vehicle (Truck) outfitting = $29,000
To support effective DUI enforcement and ensure Officer Safety, the Yuba City Police Department needs to outfit patrol vehicles with essential equipment, including lights, sirens, Police Radios, Speed Detecting Radars, and patrol vehicle graphics, etc.
* NOTE: CGU WILL ONLY COVER 1 YEAR RADIO ESSENTIAL SERVICE- AGENCY IS RESPONSIBLE FOR REMAINING WARRANTY COSTS.
State of California-Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 30, 2026
File No.: 060.17344.19741
Sergeant David Krause
Yuba City Police Department
1545 Poole Boulevard
Yuba City, CA 95993
Dear Sergeant Krause:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Yuba City Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $269,666.80. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
For/
M. W. HEADRICK, Chief
Enforcement and Planning Division
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE, OF THE FY 2026-2027 CALIFORNIA HIGHWAY PATROL
“CANNABIS TAX FUND GRANT PROGRAM”
WHEREAS, the Yuba City Police Department submitted for the Cannabis Tax Fund Grant Program offered by the California Highway Patrol, and received an award notification for the grant with authorization to receive funds in the amount of $269,666.80.
WHEREAS, the goal of the grant is to reduce the number of impaired driving crashes by increasing Law Enforcement presence and effectiveness through DUI enforcement within Yuba City.
WHEREAS, the grant will fund DUI enforcement details to include 4 DUI Checkpoint Operations and 24 DUI Saturation Patrols within Yuba City. The grant will also fund the purchase of Alcohol Screening Devices for enforcement, a Police Patrol Vehicle for enforcement, and a Heavy Duty Vehicle capable of hauling DUI Checkpoint equipment.
WHEREAS, the Yuba City Council desires to undertake the projects designated as the Cannabis Tax Fund Grant Program to be funded in part from funds made available through the California Highway Patrol (CHP).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. The Chief of Police of the City of Yuba City is authorized, on its behalf, to execute a contract, including any extensions or amendments thereof and any subsequent contract with the State and the California Highway Patrol in relation thereto, to effectuate acceptance of the grant for the Cannabis Tax Fund Grant, subject to approval as to legal form by the City Attorney.
2. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
3. This award is not subject to local hiring freezes.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on August 18th, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Marc Boomgaarden, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Agenda Item 22
CITY OF YUBA CITY
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Rezone (RZ) 23-05 for Calvary Christian Center Recommendation: A. Conduct a Public Hearing; then
B. Introduce, by title only, an Ordinance of the City Council of the City of Yuba City approving Rezone (RZ) 23-05 and Rezoning Assessor’s Parcel 63-010-145 from a Office Commercial Zoned District Combined with the X19 Zone District (C-O X19) by Removing the X19 Zone District resulting in the property being rezoned to the Office Commercial (C-O) Zone District, on a 12 acre parcel located at the southeast corner of El Margarita Road and State Route 10 (Colusa Highway)
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees
Purpose:
To rezone 12 acres by removing the X19 Special Standards Combining District, resulting in the property being zoned Office Commercial District (C-O).
Strategic Focus Area:
This item facilitates the Council’s strategic focus area of Infrastructure. When developed this project will pay development impact fees that will contribute to improving road infrastructure in the area around this project.
Background:
Use Permit (UP) 07-13, was originally approved by the Planning Commission in November 2009. The Planning Commission previously approved six time extensions for this project. Table 1 on the following page summarizes the changes approved as part of AM 07-13.
The X19 Combining Zone District was applied to the property years ago, prior to annexation by the City.
At that time there was concern over development in this area not paying for their fair-share of road improvements, as this was a growing area, and the development impact fees did not adequately cover the cost of the needed street improvements that would be generated by new development. More recent
Citywide updates, including adoption of a new City traffic model and updated Road development impact fee, combined with the use permit conditions, are designed to improve the intersections and have replaced the need for the X19 Combining Zone District.
The applicant, Calvary Christian Center, filed entitlement applications including Rezone 23-05, an amendment to Use Permit 07-13 (AM 07-13). Table 1 summarizes the changes approved as part of AM 07-13.
On July 8, 2026, the Planning Commission conducted a public hearing and unanimously voted 5-0 to:
1. Adopt a Resolution recommending approval of RZ 23-05 to the City Council to remove the X19 Special Standards Combining District, resulting in the property being zoned Office Commercial District (C-O).
2. Adopted a Resolution approving an amendment to Use Permit (AM 07-13).
Analysis:
Compatibility with neighboring uses:
This vacant 12-acre site is surrounded by a variety of uses, with single-family residences to the west, commercial (two vacant commercial lots and an auto dealership) to the east, River Valley High School to the south, and the four-lane State Highway 20 along the north property line. Religious facilities are typically compatible with many types of uses, as they are often located in residential areas as well as Table 1: Summary of Use Permit Revisions
Original Approved Proposal Amended Use Permit
Project Phases 3 2
Main Building Size 80,000 sq. ft. 53,480 sq. ft.
Church Seating 2,084 seats 1,145 seats
School, K-8 16,380 sq. t. 23,105 sq. ft.
Parking 612 spaces 417 spaces
Table 2: Site and Bordering Land Uses
Site: Vacant
North: State Route 20 (Colusa Highway).
South: River Valley High School across Spirit Way.
East:
Two vacant four-acre parcels zoned for commercial development.
West:
Four single-family residences located across El Margarita Road.
commercial locations, and blend well with public facilities. As such the new church is expected to be compatible with the varied uses around it.
RZ 23-05
The proposed rezoning is an ordinance change to remove the X19 Combining District from the property.
Similar action has been approved on other properties in the area including the Sutter County Superintendent of Schools site at 875 Harter Parkway and the Spirit Drive Parcel Map project (TPM 22- 04, GPA 22-06 and RZ 22-08) that was approved in early 2023 and located east of this project site and west of the Lithia Chrysler Dodge dealership.
Relatedly, the City Council approved removal of the X20 District from The Ridge Estates approved Tentative Subdivision project located southerly of this project site. The X20 District has similarities to the X19 District and was similarly removed from that project.
The X19 District was applied as an interim solution to the area years ago and provides criteria that requires property development to pay its fair share for improvements to several nearby intersections.
However, the X19 Zone District is no longer needed because the City has adopted an updated Traffic Model, recently adopted a new road development impact fee that is applied citywide for road improvements and includes many of the road improvements contained in the X19District. Secondly, as discussed elsewhere in this staff report, conditions of approval, applied to the Church’s amended use permit, restrict construction of the church until the SR 20/El Margarita Road intersection is improved, or other acceptable criteria is approved by the City and Caltrans.
Traffic
A traffic study was prepared for Amended Use Permit (AM 07-13) and RZ 23-05 by Flecker Associates, March 6, 2024, “Transportation Impact Analysis for Calvary Christan Center.” The traffic study included other potential traffic generating projects along El Margarita Road including TSM 25-01 (The Ridge Estates), GPA 23-04 (Milner) requesting commercial property, and GPA 24-01 (Dean Ranch). Per the traffic study the impacted intersections along El Margarita Road are:
• SR 20/El Margarita Road intersection
• Colusa Frontage Road/El Margarita Road intersection
• Spirit Way/El Margarita Road intersection.
• Franklin Road/El Margarita Road intersection
These intersections are all currently unsignalized, and growth by anticipated future projects will exacerbate existing traffic concerns.
As the El Margarita Road traffic concerns are a result of years of community growth, and that other projects beyond what is mentioned above will likely over time be proposed, the cost of needed intersection improvements may be beyond the means of these proposed projects. Although interim solutions for the traffic impacts have been considered, such as for the nearby Ridge Estates Subdivision paying their fair share of intersection improvements, inclusion of a mitigation measure that limits construction to 80 single-family residences or the equivalent for all of the projects combined until the intersection improvements are completed, and for the northbound El Margarita Road traffic to become right-turn only at the SR 20 intersection. The mitigations suggested above would provide some temporary traffic relief.
Caltrans previously recommended in a letter dated December 5, 2025, that an updated traffic study be prepared that addresses the cumulative impacts of all of the potential development that may occur
along the El Margarita Road corridor. But more recent Caltrans concerns regarding traffic impacts on the SR 20/El Margarita Road intersection, in an email dated February 13, 2026, are that development of the church should not occur prior to signalization of the El Margarita Road/SR 20 intersection.
Caltrans also noted that prior to those intersection improvements, an Intersection Safety and Operational Assessment Process (ISOAP) should be completed that addresses the needed intersection improvements, and that each project pay its fair share for these improvements. Use Permit Condition 29 addresses this concern. The condition does not allow development of the property until the El Margarita Road/SR 20 intersection improvements are addressed to the satisfaction of the City and Caltrans.
Availability of City services:
City water and wastewater are available to the property. A stormwater drainage system is nearby that is operated and maintained by the City, and which collects stormwater and conveys it to the Live Oak Canal that is maintained by the Sutter County Water Agency which conveys stormwater runoff to the Sutter By-Pass.
Environmental Considerations:
Environmental Assessment 23-13 was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Based upon the attached environmental assessment, including the proposed mitigation measures and Use Permit amendment conditions of approval, staff has determined there is no evidence in the record that the project may generate any new significant effects on the environment and recommends adoption of a Mitigated Negative Declaration. The findings of the Mitigated Negative Declaration are that, with the mitigations for Geology and Soils, Greenhouse Gases, and Tribal Cultural Resources, and the use permit condition that restricts development until the SR 20/El Margarita Road intersection is satisfactorily improved, the proposed use permit will not create any significant impacts to the neighborhood or vicinity. As a result, the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA.
Fiscal Impact:
The cost for processing land use entitlements is funded by the project applicant fees as adopted by the City Council.
Alternatives:
1. Deny the application to approve Environmental Assessment 23-13, Rezone 23-05.
2. Provide staff with alternate direction.
Recommendations:
A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-13 by adopting a Mitigated Negative Declaration prepared for Amended Use Permit (AM 07-13) and RZ 23-05, and rezoning Assessor’s Parcels 63-010-145 from an Office Commercial District with a Special Standards Combining District (C-O X19) to the C-O Zone District