7. All existing manhole and valve covers will be reused unless the manhole or valve cover requires replacement. Replacement of manhole and valve covers with ancillary parts must meet Buy America compliance by the Department’s contractor. The Department’s contractor is to provide Buy America replacement manhole and valve covers per Owner’s specifications in response to the Cover Adjustment to Grade letter 13-EX-08. If no specifications are provided to the Department by Owner in the reply, the Department’s contractor is authorized to use a general specification attached to the Cover Adjustment to Grade letter 13-EX-08.
8. All work under this Agreement shall be preceded by the delivery of a written Notification to Owner (“NTO”) by the Department to the Owner. The Department shall list the manhole and valve covers that the Department is authorized to adjust pursuant to the Reply, and the Department will identify the manhole and valve covers that it elects to adjust. If the Department elects to not adjust manhole and/or valve covers which the Owner authorized the Department to adjust pursuant to the Reply, then the Owner shall be responsible for the adjustment of those manhole and valve covers in accordance with the provisions of the NTO, and the Owner shall allocate sufficient staff and resources to meet all of the schedules established for the project design and construction work.
9. Following receipt of the Cover Adjustment to Grade letter 13-EX-08, the Owner shall provide confirmation regarding the identity and typical characteristics (including size, material, contents, pressure or capacity) of Owner’s utility facility and related activities, including, but not limited to, inspection services at no expense to the Department, in accordance with the Department’s time schedule. Owner to provide its written confirmation to the Department within 30 days of the date that they receive the Cover Adjustment to Grade letter 13- EX-08.
10.When manhole and valve cover adjustment work is performed by the Department under this Agreement, the cost of the work shall be borne by the Department. When manhole and valve cover adjustment work is performed by the Owner under this Agreement, the cost of the work shall be allocated according to the liability determination made by the Department.
11. The Department may perform its work under this Agreement or it may perform the work through the services of a third-party contractor.
EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW 05/2022)
12.It is intended that all work under this Agreement performed by the Department shall be performed using the contractors that are acceptable to the Department. Owner grants to Department, immediately upon receipt of the NTO and in accordance with the Department’s time schedule, permission to perform manhole and valve cover adjustments within Owner’s private rights of way and facilities, wherever located. Owner retains the right to require reasonable controls and restrictions provided such items are set forth in writing and delivered to the Department (in response to Cover Adjustment to Grade 13-EX-08 letter) at least 30 days from the receipt of the 13-EX-08 letter. a) As part of this Agreement, Owner shall submit, in writing, its preliminary specifications for the adjustment of manhole and valve covers to grade to the Department.
b) Owner will approve, in writing, the Department’s final specifications for the adjustment of manhole and valve covers to grade.
13.Owner shall have access to all phases of the work to be performed by the Department for the purpose of inspection in order to ensure that the work being performed for the Owner is in accordance with the specifications contained in the highway contract, provided such access is made at no cost to the Department. Owner will be notified by the Department’s Resident Engineer to schedule a final field inspection per the Department’s Notice to Owner.
14.Upon completion of the work performed by Department, Owner agrees to accept ownership and the responsibility for the maintenance of the manhole and valve covers.
15. This Agreement supersedes and replaces any previous agreement between the parties relating to the work required to adjust identified manhole and valve covers in physical conflict with Department’s highway projects.
16. This Agreement may only be amended, changed or altered by mutual written agreement of the parties.
17. This Agreement may be terminated by either party upon ninety (90) days written notice from the terminating party to the other party.
18. Time shall be of the essence of this Agreement.
EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW 05/2022)
For The Utility Owner:
_______________________________________ _______________ Date
Name
Title
For The State of California:
_______________________________________ _________________ Tiaira T. Moering, Chief Date
Office of Railroad and Utility Relocations
Division of Right of Way and Land Surveys
California Department of Transportation
DISTRIBUTION:
1 – HQ Right of Way, Office of Railroads and Utility Relocations 1 – District
1 – Utility Owner
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: August 12, 2025
AGENDA SECTION: New Business
SUBJECT: Consideration of the City of Chowchilla and Chowchilla Police Department enter a contract to use Peregrine
PREPARED BY: Daniel Denny, Lieutenant, Chowchilla Police Department ATTACHMENTS: Resolution, Contract
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the Police Department/City of Chowchilla to enter a contract with Peregrine.
BACKGROUND:
In March of 2025, Madera County Sheriff’s Office requested and has secured, the funds to utilize an AI based program to integrate multiple law enforcement databases, utilized by the various Law Enforcement Agencies within Madera County.
REASON FOR RECOMMENDATION:
Peregrine is an AI based system that integrates several programs/platforms and allows the end users to use AI to search through the data. This system will integrate most programs utilized by City of Madera Police Department, Madera County Sheriff’s Office and the Chowchilla Police Department. These programs, are agencies report management systems, license plate reading systems, and various other systems that store data. Madera County Law Enforcement Agencies will be able to search through this data through Peregrine saving time and resources. This sharing of information, will enhance Madera Counties law enforcement and investigative capabilities.
FISCAL IMPACT:
There is no fiscal impact to the city. County of Madera will be funding the program.
ALTERNATIVES:
Due to the other agencies within our county already signing contracts with Peregrine, there would be no alternative to use.
ACTIONS FOLLOWING APPROVAL:
Chowchilla Police Department personnel would be trained on the system and begin the integration process with Peregrine.
COUNCIL RESOLUTION # XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE POLICE DEPARTMENT ENTER A CONTRACT TO USE PEREGRINE WHEREAS, the City of Chowchilla operates and maintains a municipal police department; and WHEREAS, the City of Chowchilla Police Department operates, maintains and services various database systems to store data pertinent to law enforcement duties; and WHEREAS, the City of Chowchilla Police Department desires to share our law enforcement information with the following agencies, Madera Police Department, Madera County Sheriff’s Office; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. The City of Chowchilla enters a contract with Peregrine PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of August, 2025 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
Copyright 2022, Peregrine Technologies, Inc. All rights reserved. Copyright extends to all pages of this document.
PEREGRINE CUSTOMER ORDER FORM & SCOPE OF SERVICES
Customer Information
Customer Name: Chowchilla Police
Department Contact: Chief Jeff Palmer
Address: 130 S 2nd St, Chowchilla, CA 93610 Phone: 559-665-8600 Email: Fax: N/A
Peregrine Services
Effective Date: May 30, 2025
Initial Term: From the Effective Date through May 29, 2030 (“Initial Term”).
Service Fee: The following fee schedule is available to the Customer if Order Form is signed on or before May 29, 2025. Unless otherwise terminated as set forth in the Terms and Conditions, Customer shall pay Peregrine a service fee of $20,000 annually for the Term as follows:
a. $20,000 within 30 days of the Effective Date
b. $20,000 within 30 days of the May 30, 2026
c. $20,000 within 30 days of the May 30, 2027
d. $20,000 within 30 days of the May 30, 2028
e. $20,000 within 30 days of the May 30, 2029
Users: Customer may allow an unlimited number of employees of the Chowchilla Police Department to access and use the Service.
Onboarding and Training Services: Peregrine will provide Customer with an introductory training session that provides an overview of the Service, background on accessible data sources as of the Effective Date and an introduction to the analytic capabilities of the Service. Peregrine will provide additional training, including refresher sessions and advanced training modules, from time to time upon mutual agreement of the parties.
Professional Services: The initial Customer Data sources and systems that Peregrine will integrate with the Service for Customer are: RIMS CAD and RIMS RMS.
The Customer is responsible for any third-party API or data access fees.
Any additional data integrations or new functionality shall be subject to mutual written agreement of the parties, including with respect to fees. All additional data integration services or new functionality and corresponding fees will be set forth in a statement of work.
For clarity, Peregrine will provide any other Professional Services and additional data integration services in accordance with Section 2.2 of the Terms and Conditions.
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2 Proprietary and Confidential
Peregrine services are provided subject to the terms set forth above on this Order Form together with the attached terms and conditions (the “Terms and Conditions,” and together with this Order Form, the “Agreement”). Any capitalized term used in this Order Form but not defined herein shall have the meaning ascribed to it in the Terms and Conditions. By signing this Order From, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the event of any conflict between this Order Form and the Terms and Conditions, the terms of this Order Form shall govern to the extent of such conflict. This Order Form may be executed in counterparts (which may be delivered by electronic mail of .pdf files), each of which counterparts, when so executed and delivered, shall be deemed to be an original, and all of which counterparts, taken together, shall constitute one and the same instrument.
Peregrine Customer
By: By:
Name: Nicholas Noone Name:
Title: President & CEO Title:
Date Signed: Date Signed:
Attest:
Name:
April 22, 2025
3 Proprietary and Confidential
Peregrine Customer Terms and Conditions
These Peregrine Customer Terms and Conditions govern the provision of the services described on the attached Order Form (“Order Form”) by Peregrine Technologies, Inc. (“Peregrine”) to Chowchilla Police Department (“Customer”). By executing an Order Form with Peregrine, Customer agrees to be bound by these Terms and Conditions.
1. Definitions.
“Aggregated Data” has the meaning specified in Section 6.1. “CJIS Security Policy” means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer, currently located at https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center. “Client-Side Software” means any software in source or object code form that Peregrine makes available for use in connection with the Service, including Peregrine’s mobile application(s). “Criminal Justice Information Services Division” or “CJIS” means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant criminal justice information to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment and licensing agencies. “Customer Data” means any of Customer’s data, information, documents or electronic files that are provided to Peregrine via the Service or otherwise in connection with this Agreement, including any databases Customer procures from third party vendors for Peregrine’s integration with the Service; provided that, for purposes of clarity, Customer Data as defined herein does not include Aggregated Data. “Documentation” means the materials supplied by Peregrine hereunder, in any media, including any and all installer’s, operator’s and user’s manuals, training materials, guides, functional or technical specifications or other materials for use in conjunction with the Service.
“Personal Information” means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data considered “personal data”, “personally identifiable information”, or something similar under applicable laws, rules, or regulations relating to data privacy. “Professional Services” has the meaning specified in Section 2.2. “Service” means Peregrine’s proprietary platform that assists Users with criminal investigations and police leadership decision making, consisting of a hosted web-based interface and the Client-Side Software. For purposes of this Agreement, the Service is exclusive of Professional Services that may be rendered upon mutual agreement of the parties in accordance with Section 2.2.
“SOW” has the meaning specified in Section 2.2.
“Third Party Data” means any third party databases that Peregrine licenses from third party vendors and makes accessible via the Service. For clarity, Third Party Data does not include any Customer Data. “Third Party Products” means any third-party products provided with, integrated with, or incorporated into the Service, including Third Party Data.
“Users” means the individuals authorized by Customer to use the Service in accordance with the terms in the Order Form (including number and type of individuals who may access the Service) and that have been supplied user identifications and passwords by Peregrine.
2. Provision of the Service and Additional Services.
2.1. Service. During the Term and subject to the terms and conditions of this Agreement, including payment of the fees set forth on the Order Form, Customer may: (a) access and use the Service for up to the number of Users set forth in the Order Form, (b) download and reproduce the applicable Documentation solely for internal use in association with the Service, and (c) download, install, and use any Client-Side Software in support of Customer’s April 22, 2025
4 Proprietary and Confidential
use of the Service, in each case on a nonexclusive, non-transferable, and non-sublicensable basis and solely for Customer’s internal business purposes. Peregrine shall provide Customer with authentication credentials for individual Users upon written request from authorized personnel of Customer, (ii) onboarding and training services as set forth in the Order Form (“Onboarding and Training Services”), and (iii) telephone and standard technical support togf Customer during normal business hours (“Technical Support”). Except as set forth herein, Peregrine shall, at its sole cost and expense, provide all facilities and equipment that may be necessary for Peregrine to perform the Services.
2.2. Professional Services. Except as set forth in the Order Form, in the event that Customer requests that Peregrine perform data integration, configuration or implementation services regarding the Service, including integration of Customer Data or Third Party Data and creation of specific modifications to the Service (but excluding any Onboarding and Training Services), Peregrine will discuss the scope and fees for such services and, if agreed, such work will be performed pursuant to a statement of work executed by the parties and referencing this Agreement that describe such scope and fees (an “SOW,” and such services, the “Professional Services”). Any fees associated with the Professional Services shall be set forth in the applicable SOW and Customer shall pay such fees in accordance with Section 4.2 below. To the extent the Professional Services result in any software code or other tangible work product (“Work Product”), all such Work Product will remain owned solely and exclusively by Peregrine and may be used by Customer solely in connection with Customer’s authorized use of the Service under this Agreement. Customer shall permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Professional Services.
2.3. Access and Policies. Customer will permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Service, Onboarding and Training Services, Technical Support, and any Professional Services. Peregrine agrees to, and cause its personnel to, abide by Customer’s facilities access and use policies as provided by Customer to Peregrine in writing in advance of any on-site visits. Customer will also permit and enable Peregrine to have offsite access to Customer Data and the Customer’s production platform for the Service in order to provide the Service, Technical Support and Professional Services. Peregrine agrees to comply with the CJIS Security Policy in connection with its access to Customer Data, including CJIS-defined policies for remote access.
2.4. Compliance with Applicable Laws. Each party and its agents shall comply with all laws applicable to the performance or receipt, as applicable, of the Service hereunder.
2.5. Licenses and Permits. Peregrine and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Peregrine and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from Customer as required by law.
2.6. Nondiscrimination and Equal Opportunity. Peregrine shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, 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 Peregrine under this Agreement. Peregrine shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Peregrine thereby.
2.7. Suspension. Notwithstanding anything to the contrary in this Agreement, Peregrine may temporarily suspend Customer’s and any User’s access to any portion or all of the Service if: (a) Peregrine reasonably determines that (i) there is a threat or attack on the Service; (ii) Customer’s or any User’s use of the Service disrupts or poses a security risk to the Service or to any other customer or vendor of Peregrine; (iii) Customer, or any User, is using the Service for fraudulent or illegal activities; (iv) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (v) Peregrine’s April 22, 2025
5 Proprietary and Confidential
provision of the Service to Customer or any User is prohibited by applicable law; or (vi) any Customer Data submitted, posted, or otherwise transmitted by or on behalf of Customer or an User through the Service may infringe or otherwise violate any third party’s intellectual property or other rights; (b) any vendor of Peregrine has suspended or terminated Peregrine’s access to or use of any Third Party Products required to enable Customer to access the Service; or (c) if Customer fails to pay any undisputed fees when due (any such suspension described in subclauses (a), (b), or (c), a “Service Suspension”). Peregrine shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Service following any Service Suspension. Peregrine shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Peregrine will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any User may incur as a result of a Service Suspension.
2.8. Third Party Products. Peregrine may from time to time make Third Party Products available to Customer or Peregrine may allow for certain Third Party Products to be integrated with the Service. For purposes of this Agreement, such Third Party Products are subject to their own terms and conditions. Peregrine is not responsible for the operation of any Third Party Products and makes no representations or warranties of any kind with respect to Third Party Products or their respective providers. If Customer does not agree to abide by the applicable terms for any such Third Party Products, then Customer should not install or use such Third Party Products. By authorizing Peregrine to transmit Customer Data from Third Party Products into the Service, Customer represents and warrants to Peregrine that it has all right, power, and authority to provide such authorization.
2.9. Open Source Components. Certain aspects of the Service, such as the Client-Side Software, may contain or be distributed with open source software code or libraries (“Open Source Components”). Peregrine will provide a list of Open Source Components for a particular version of any distributed portion of the Service, such as the ClientSide Software, on Customer’s request. To the extent required by the license applicable to such Open Source Components: (a) Peregrine will use reasonable efforts to deliver to Customer any notices or other materials (such as source code); and (b) the terms of such licenses will apply to such Open Source Components in lieu of the terms of this Agreement. To the extent the terms of such licenses prohibit any of the restrictions in this Agreement with respect to any particular Open Source Component, such restrictions will not apply to such Open Source Component.
To the extent the terms of such licenses require Peregrine to make an offer to provide source code or related information in connection with the Open Source Component, such offer is hereby made. For purposes of clarity, Open Source Components are Third Party Products.
3. Customer Responsibilities.
3.1. Generally. Customer is responsible for all activities that occur under User accounts. Customer also shall: (a) ensure it has all rights necessary for Peregrine to integrate the Customer Data with the Service; (b) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (c) prevent unauthorized access to, or use of, the Service, and notify Peregrine immediately of any unauthorized access or use; (d)_ensure each User has its own unique account on the Service and that Users do not share their account credentials with one another or any third party; and (e) comply with all applicable laws in using the Service. Customer agrees to provide its Users with the applications necessary to run the Service as set forth in the Documentation.
3.2. Use Restrictions. Customer shall not use the Service for any purposes beyond the scope of access granted under this Agreement. Without limiting the generality of the foregoing, Customer shall not, and shall ensure Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) send spam or otherwise duplicative or unsolicited messages via the Service; (c) send or store infringing or unlawful material; (d) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (e) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (f) attempt to gain unauthorized access to the Service or its related systems or networks; (g) copy, modify, or create derivative works based upon the Service or any component thereof; (h) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service or any component thereof; (i) use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or other right of any third party or that violates any applicable law; (j) April 22, 2025
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access or use the Service for purposes of competitive analysis of Peregrine or the Service, the development, provision, or use of a competing service or product, or any other purpose that is to Peregrine’s detriment or commercial disadvantage; or (k) input, upload, transmit, or otherwise provide to or through the Service any information or materials, including Customer Data, that are unlawful or injurious in any way
3.3. CJIS Requirements. Customer certifies that it and its Users will comply with the following CJIS requirements:
(a) Customer agrees to use training, policy and procedures to ensure Users use proper handling, processing, storing and communication protocols for Customer Data and any Third Party Data; (b) Customer agrees to protect the Service and any Third Party Data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance and the support roles assigned; (c) Customer will only provide access to the Service and any Third Party Data through Customer-managed role-based access and applied sharing rules configured by Customer; (d) Customer agrees to create and retain activity transaction logs to enable auditing by Peregrine staff, CJIS and any Third Party Data owners; (e) Customer agrees to perform independent employment background screening for its staff at Customer’s own expense; and (f) Customer agrees to reinforce staff policies for creating User accounts with only one Customer domain email address for each User, with exceptions only as granted in writing by Peregrine.
3.4. Operation Restrictions. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a laptop, mobile device or other touch screen and any of their applications. Customer agrees that the Users will be instructed to only utilize the interface for the Service at times when it is safe to do so.
Peregrine is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle.
3.5. Customer Logo. Peregrine may use Customer’s name and logo in Peregrine’s lists of customers provided that such use will comply with any standard trademark guidelines provided by Customer to Peregrine.
3.6. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Peregrine by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Peregrine is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.
4. Fees & Payment.
4.1. Fees. Customer shall pay the fees for the Service as specified in the Order Form and in any SOWs. All fees are non-refundable except to the extent otherwise expressly set forth in this Agreement.
4.2. Payment Terms. Except as set forth on the Order Form, Customer shall pay all fees within thirty (30) days of Peregrine issuing an invoice.
4.3. Taxes. Peregrine’s fees do not include any local, state, federal or foreign taxes, levies or duties of any nature (“Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Peregrine’s income. If Peregrine has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Peregrine with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Proprietary Rights. The “Peregrine Technology “means (a) the Peregrine name, the Peregrine logo, and other trademarks and service marks; (b) audio and visual information, documents, software and other works of authorship, including training materials; (c) other technology included in the Service, including Client-Side Software, graphical user interfaces, workflows, products, processes, algorithms, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information provided by Peregrine under this Agreement; and (d) the work product or other results of Professional Services. Peregrine owns and shall retain all rights in the Peregrine Technology. Other than as expressly set forth in Section 2.1 above, no license or other rights in or to the Peregrine Technology or related intellectual property rights are granted to Customer or Users, and all such licenses and rights are hereby expressly reserved to Peregrine. For clarity, “Peregrine Technology” does not include Customer Data.
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6. Data Access, Sharing and Security.
6.1. Customer Data. Peregrine may access, reproduce, and use Customer Data to provide the Service, including to provide Technical Support, Onboarding and Training Services and any Professional Services. Customer agrees that Peregrine may generate technical logs, data and insights about Customer’s usage of the Service (e.g., frequency of logins) (“Peregrine Insights”) and may use the Customer Data in aggregated and anonymized form that does not individually identify any person or entity, including Customer or its Users (“Aggregated Data”) for Peregrine’s internal business purposes and to operate and improve Peregrine’s proprietary software and services, and that Peregrine shall own the Peregrine Insights and the Aggregated Data. Peregrine shall destroy Peregrine Insights and Aggregated Data on termination of this Agreement. Peregrine may choose to terminate the provision of any Customer Data via the Service if the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.2. CJIS Security Policy. Peregrine has implemented procedures to allow for adherence to the CJIS Security Policy. The hosting facility for the Service uses access control technologies that meet or exceed CJIS requirements.
In addition, Peregrine has installed and configured solid network intrusion prevention appliances for adherence to the CJIS Security Policy.
6.3. Third Party Data. Any Third Party Data that Peregrine may provide via the Service is governed by the third party owner’s retention policy. Peregrine does not provide any warranties with respect to any Third Party Data and Peregrine may choose to terminate the provision of any Third Party Data via the Service if Peregrine’s applicable rights to such Third Party Data terminate or the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.4. Processing of Personal Information. Peregrine’s rights and obligations with respect to Personal information it collects directly from individuals are set forth in Peregrine’s Privacy Policy <https://peregrine.io/privacy-policy/>.
Personal Information included within Customer Data and processed by Peregrine on behalf of Customer is governed by this Agreement.
6.5. Sensitive Information; Marking Requirements. To the extent Customer provides Customer Data that Customer considers to be sensitive, proprietary, restricted, or otherwise requiring sensitive treatment (“Sensitive Information”), Customer is solely responsible for providing appropriate markings to designate the applicable Customer Data as Sensitive Information. Customer shall provide Peregrine with documentation and/or instructions in writing with sufficient detail for Peregrine to identify and distinguish content that is Sensitive Information within other provided Customer Data. Customer shall (a) mark Sensitive Information on its face, (b) make the appropriate designations for Sensitive Information in document metadata, (c) provide Peregrine with a table or other list of Sensitive Information that contains sufficient detail to identify the Sensitive Information; or (d) identify Sensitive Information to Peregrine in some other mutually agreed upon method. Peregrine shall not be responsible for failure to designate Sensitive Information with specific access control status based on Customer failure to provide sufficient information to identify Sensitive Information.
7. Confidentiality.
7.1. Definition of Confidential Information. The term “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including Customer Data, any Third Party Data, the Service, the Documentation, the Peregrine Technology, business and marketing plans, technology and technical information, product designs, and business processes.
7.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party except to perform its obligations or exercise its rights under this Agreement, except with the Disclosing Party’s prior written permission on a case-by-case basis. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to disclose Confidential Information of the Disclosing Party, it shall April 22, 2025
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provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
7.3. Exceptions. The parties’ obligations in Section 7.2 shall not apply to any information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.
7.4. Public Records Acts. Peregrine acknowledges that Customer is a public entity and may be governed by applicable laws, rules, or regulations relating to public records (each a “Public Records Act”). Nothing in this Section 7 shall prevent Customer from disclosing Confidential Information for purposes of complying with an applicable Public Records Act to the extent legally required.
7.5. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 7, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that such unauthorized disclosure or use may cause irreparable harm to the Disclosing Party for which any other available remedies are inadequate.
8. Warranties & Disclaimers.
8.1. Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Peregrine represents and warrants that (i) it will provide the Service in a professional manner consistent with the standards observed by a competent practitioner of the profession in which Peregrine is engaged, and (ii) the Service will perform in accordance with and otherwise substantially conform to its associated documentation.
8.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, PEREGRINE MAKES NO WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE, THE PEREGRINE
TECHNOLOGY, ANY THIRD PARTY DATA AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT. PEREGRINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnification.
9.1. Indemnification by Peregrine. Peregrine shall at its expense defend Customer and its officers, directors, officials, agents, volunteers and employees (“Customer Indemnified Parties”) against any claim made or brought against any Customer Indemnified Party by a third party alleging that the Service as provided to Customer and when used in accordance with this Agreement infringes any intellectual property rights of a third party (each, a “Customer Claim”), and shall indemnify and hold Customer Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Peregrine in a settlement with respect to such Customer Claim; provided, that Customer (a) promptly gives written notice of the Customer Claim to Peregrine; (b) gives Peregrine sole control of the defense and settlement of the Customer Claim (provided that Peregrine may not agree to any settlement that imposes any liability or obligation on Customer without Customer’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance in the defense and settlement of the Customer Claim. Peregrine shall have no obligation under this Section 9.1 or otherwise regarding claims that arise from or relate to (i) Customer’s use of the Service other than as contemplated by this Agreement, (ii) any modifications to the Service made by any entity other than Peregrine (where the liability would not have arisen but for such modification), (iii) any combination of the Service with services or technologies not provided by Peregrine (where the liability would not have arisen but for such combination), (iv) Customer’s use of the Service or portion thereof after Peregrine has terminated this Agreement or such portion of the Service in accordance with this Section 9.1, or (v) Third Party Products. If in Peregrine’s opinion a Customer Claim is likely to be made, or if an existing Customer Claim may cause Peregrine liability, Peregrine may in its discretion (x) obtain a license to enable Customer April 22, 2025
9 Proprietary and Confidential
to continue to use the potentially infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial efforts, terminate the Agreement or the license to the infringing portion of the Service and refund the amount of any pre-paid fees applicable to the portion of the terminated Services to be provided after the termination date.
9.2. Indemnification by Customer. To the extent permitted by applicable law, Customer shall at its expense defend Peregrine and its officers, directors, officials, agents, volunteers and employees (“Peregrine Indemnified Parties”) against any claim made or brought against any Peregrine Indemnified Party by a third party based on: (a) Customer’s or any User’s negligence, gross negligence, fraud, or willful misconduct; (b) Customer’s or any User’s use of the Service in a manner not authorized by this Agreement; or (c) Customer Data or Peregrine’s authorized use of such Customer Data (each, a “Peregrine Claim”), and shall indemnify and hold Peregrine Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Customer in a settlement with respect to such Peregrine Claim; provided, that Peregrine (i) promptly gives written notice of the Peregrine Claim to Customer; (ii) gives Customer sole control of the defense and settlement of the Peregrine Claim (provided that Customer may not agree to any settlement that imposes any liability or obligation on Peregrine without Peregrine’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (iii) provides to Customer, at Customer’s cost, all reasonable assistance in the defense and settlement of the Peregrine Claim.
9.3. Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PEREGRINE’S SOLE
LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS BY THIRD PARTIES RELATING TO THE SERVICE OR ITS USE.
10. Limitation of Liability.
10.1. Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY’S BREACH OF SECTION 7, A PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS, OR A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL
MISCONDUCT, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS,
LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2. Liability Cap. IN NO EVENT SHALL PEREGRINE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO
THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO PEREGRINE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
11. Term & Termination.
11.1. Term of Agreement. This Agreement commences on the Effective Date and continues for the duration of the term set forth on the Order Form (“Term”), unless earlier terminated in accordance with the Order Form or Section 11.2
11.2. Termination for Cause. A party may terminate this Agreement for cause upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination.
11.3. Data. Upon expiration or termination of this Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally prohibited, Peregrine shall delete all Customer Data in its systems or otherwise in its possession or under its control. Notwithstanding the foregoing or any other provision of this Agreement, Peregrine may use in perpetuity any Aggregated Data.
11.4. Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5,
6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and 12.
12. General Provisions.
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10 Proprietary and Confidential
12.1. Insurance. Peregrine shall maintain the insurance coverages described on Appendix A: Insurance.
12.2. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Customer in any capacity whatsoever as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever.
12.3. Peregrine’s Books and Records. To the extent required by applicable laws, rules, or regulations, Peregrine shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Customer under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer.
12.4. Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the nonperforming party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
12.5. Federal Government. Any use, copy or disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a)(1995), DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227(ALT III), as applicable.
12.6. Additional Government Terms. Peregrine acknowledges that Customer may be a public entity and, accordingly, certain additional laws, rules, and regulations may take precedence over the terms and conditions of this Agreement (the “Additional Government Terms”). The Additional Government Terms, if any, are attached hereto as Appendix B: Provisions for California Public Entities , and will govern to the extent of any conflict with any other term of this Agreement.
12.7. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon:
(a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the attention of Nick Noone, CEO, Peregrine Technologies, [email protected], with a copy to [email protected]. Notices to Customer are to be addressed to the individual identified in the Order Form.
12.8. Waiver; Cumulative Remedies Severability. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
12.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other party. Notwithstanding the foregoing, Peregrine may assign this Agreement, together with all rights and obligations hereunder, without consent of Customer, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
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11 Proprietary and Confidential
12.10. Governing Law. This Agreement shall be governed by the laws of California. The state courts located in Madera County, CA or in the United States District Court for the Eastern District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts provided that nothing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction injunctive or similar relief in connection with the enforcement of this Agreement.
12.11. Construction. The division of this Agreement into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation” and “discretion” means sole discretion
12.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding the Order Form) shall be incorporated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.
April 22, 2025
12 Proprietary and Confidential
Appendix A: Insurance
Peregrine, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of the Agreement. The cost of such insurance shall be included in the Peregrine’s bid or proposal. Peregrine shall be fully responsible for the acts and omissions of its subcontractors or other agents.
Workers’ Compensation. Peregrine shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Peregrine in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the Customer upon written verification that Peregrine is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
Commercial General and Automobile Liability Insurance
General requirements. Peregrine, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Peregrine has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. b. Customer, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Peregrine, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Peregrine. Coverage can be provided in the form of an endorsement to the Peregrine’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Peregrine’s insurance covered shall be primary insurance as respects the Customer, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, agents or volunteers shall be excess of the Peregrine’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Peregrine agrees to give at least 30 days prior written notice to Customer before coverage is canceled or modified as to scope or amount.
Professional Liability Insurance.
General requirements. Peregrine, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Peregrine’s errors and omissions.
Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
April 22, 2025
13 Proprietary and Confidential
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Peregrine must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the Customer for review prior to the commencement of any work under this Agreement.
All Policies Requirements.
Submittal Requirements. Peregrine shall submit the following to Customer prior to beginning services:
Certificate of Liability Insurance in the amounts specified in this Agreement; and Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
Deductibles and Self-Insured Retentions. Insurance obtained by the Peregrine shall have a self-insured retention or deductible of no more than $100,000.
Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
Waiver of Subrogation. Peregrine hereby agrees to waive subrogation which any insurer or contractor may require from Peregrine by virtue of the payment of any loss. Peregrine agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Customer has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Customer for all work performed by the Peregrine, its employees, agents, and subcontractors.
Subcontractors. Peregrine shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Peregrine shall ensure that Customer, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
Excess Insurance. If Peregrine maintains higher insurance limits than the minimums specified herein, Customer shall be entitled to coverage for the higher limits maintained by the Peregrine.
Remedies. In addition to any other remedies Customer may have if Peregrine fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option, order Peregrine to stop work under this Agreement and withhold any payment that becomes due to Peregrine hereunder until Peregrine demonstrates compliance with the requirements hereof, or terminate this Agreement.
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14 Proprietary and Confidential
Appendix B: Provisions for California Public Entities
Compliance with Applicable California Laws. Peregrine shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
California Public Records Act. Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Agreement shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act.
PERS Indemnification by Peregrine. In the event that Peregrine or any employee, agent, or subcontractor of Peregrine providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Customer, at Peregrine shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer.
Political Reform Act Conflicts. Peregrine may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
California State Auditor Requirements. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
REPORT TO THE CITY COUNCIL
Item 6.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: August 12, 2025
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of New City Slogan
PREPARED BY: Stacy Wisener, Director of Recreation and Community Engagement ATTACHMENTS: Constant Contact Survey Results
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
Staff recommends that the City Council consider adopting the slogan “Where Tradition Meets Tomorrow” as the official city slogan, based on community input.
BACKGROUND:
The City of Chowchilla has explored options for adopting a new city slogan that better reflects our identity, community values, and future direction. The intent is for the slogan to be used in branding, marketing, signage, and public communications to promote community pride and support economic development.
To involve the public in the selection process, staff conducted a community-wide slogan survey. • Survey Distribution:
The survey was emailed to 4,225 community members using the City’s subscription and notification platforms.
• Survey Responses:
A total of 219 responses were received.
• Survey Outcome:
The slogan receiving the most support from the community was:
“Where Tradition Meets Tomorrow”
This slogan reflects the public’s desire to recognize Chowchilla’s heritage while promoting a positive vision for the future. It’s an accurate representation of Chowchilla.
REASON FOR RECOMMENDATION:
Upcoming Signage Project: As part of the City's current beautification and branding efforts, a “Welcome to Chowchilla” sign is being installed on the berm at a key city entry point. Rancho Calera has generously offered to donate the signage and has requested a finalized city slogan and logo to complete the design for the billboard.
Adopting an official slogan at this time will allow the project to move forward and help present a consistent and welcoming image to residents and visitors alike.
FISCAL IMPACT:
There is no direct fiscal impact associated with adopting a new slogan. Future implementation costs (e.g., signage updates, printed materials) will be incorporated into planned branding and outreach budgets.
Rancho Calera’s contribution offsets a significant portion of the upcoming entry signage cost.
ALTERNATIVES:
1. Adopt a different slogan from those presented in the community survey results. While “Where Tradition Meets Tomorrow” received the most community support, Council may choose another slogan that better aligns with its priorities or vision.
2. Return the item to the staff for additional community engagement or refinement of slogan options.
This would delay adoption but may result in broader input or stronger consensus.
3. Take no action at this time. The City would continue without an official slogan, and the entry sign project and other branding efforts would be paused or proceed without a finalized message.
ACTIONS FOLLOWING APPROVAL:
Begin integrating the new slogan into City branding and outreach, including:
Website and social media, Printed materials and brochures, Marketing efforts, and promotional signage, Internal templates (e.g., email signatures, letterhead) Publicly announce the adopted slogan to the community through a press release, newsletter, social media, and other communication platforms.
Phase in signage updates as appropriate and as budgets allow.
Constant Contact Survey Results
Campaign Name: City of Chowchilla Slogan - CVommunity Residents Survey Starts: 398
Survey Submits: 219
Export Date: 08/06/2025 06:27 PM
MULTIPLE CHOICE
Your Top Pick:
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
A Future of Possibilities 24 10%
Community. Legacy.
Possibilities. 37 16%
Grow In the Heart of
California 56 25%
Tradition Meets Tomorrow 70 31%
Past in Mind, Possibilities
Ahead 6 2%
Legacy Holding Strong 12 5%
Palms Meet Progress 14 6%
Total Responses 219 100%
REPORT TO THE CITY COUNCIL
Item 6.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: August 12, 2025
AGENDA SECTION: New Business
SUBJECT: Consideration of Potential Dog Park Locations and Request for Council Direction
PREPARED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Presentation
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the City Council review the proposed dog park locations and provide direction on a preferred site for further planning, design, and construction.
BACKGROUND:
As part of the City's commitment to expanding recreational amenities within the community, staff have evaluated several potential locations for a future community dog park.
REASON FOR RECOMMENDATION:
Initially, the City had identified a site next to the pickleball courts at Ed Ray Park for construction of a potential dog park. However, with the approval of the 2025-2026 City Budget which identified the area for future pickleball court and expansion, and the relatively small footprint in the area (approximately 8,000 sq ft), staff assessed six city-owned parcels for feasibility and suitability. The proposed concept would include an approximately 30,000 square foot facility divided into two zones, a larger area for large dogs and smaller section for small dogs. The ideal size was based on research of similar facilities in neighboring cities and industry standards. The assessment included both rough cost estimates and physical conditions each site, factoring in fencing, grading, access, lighting, sidewalk or roadway requirements, parking, and CEQA/environmental considerations.
The following summarizes the pros and cons of each:
1. Kites Way
o Pros: Existing grass and sprinklers, minimal site prep, neighborhood adjacent, walkability, good visibility, side street parking available
o Cons: Limited parking, constrained layout, used for youth sports
2. Airport Drive
o Pros: Existing grass, sprinklers, minimal site prep, some existing fencing, low impact on residents, noise mitigation, plenty of space, parking available o Cons: Limited visibility and accessibility from neighborhoods, may be underutilized without nearby homes
3. 1st & Colusa
o Pros: Central location, strong visibility, partially cleared, flat lot, neighborhood adjacent o Cons: Requires curb, gutter, sidewalk, parking improvements, lighting, proximity to industrial/commercial
4. Fig Tree
o Pros: Near new homes, proposed future linear park, existing parking, sidewalk, curb, gutter, dual road access, flexible configuration
o Cons: Grading, irrigation, lighting, potential future truck stop in the vicinity
5. Mariposa & 12th
o Pros: Central location, strong visibility, partially cleared, flat lot, neighborhood adjacent, arterial access, walkability
o Cons: Site also has a sewer lift station, requires ~400 ft roadway construction, curb/gutter/sidewalk, full CEQA MND likely
Most sites are expected to qualify for a CEQA In-Fill Development exemption, provided the proposed improvements remain below impact thresholds. The Mariposa site, however, would likely require a full CEQA review due to potential traffic impacts and roadway construction.
At this time, staff is seeking direction from Council as to a selected site for development of a dog park.
Additional amenities that Council and public would like included, such as benches, obstacles, trees, etc. can be incorporated into a more robust estimate and design.
FISCAL IMPACT:
The following table reflects rough cost estimates for a minimally constructed dog park based on current site conditions:
Location Estimated Costs
Airport Drive $31,000
Kites Way $35,000
Fig Tree $85,000
1st & Colusa $150,000
Mariposa Ave & 12th St $468,000
Within the City’s Fiscal Year 2025-2026 Budget, $10,000 has been allocated for development of a future dog park. Depending on selection and development/design of the dog park, staff will bring back a more robust estimate and budget amendment request.
ALTERNATIVES:
1. Not to select a dog park site.
2. Identify an alternative dog park site.
3. Select multiple sites for development.
ACTIONS FOLLOWING APPROVAL:
1. Staff will implement Council’s direction.
2. Bring back fully developed cost estimate and budget amendment.
• Original Selection
• Approx. 8,000 sq ft
• Est. Cost $10,000
• Cons:
• Small area
• Future Pickleball
expansion
• City owned property
• Enough land for
improvements
• Near residential areas
• Zoned as Public Facility
City Zoning Map
Pros:
• Existing grass, sprinklers,
minimal site prep
• existing fencing
• low impact, noise mitigation
• plenty of space
• parking available
Cons:
• Limited accessibility from
neighborhoods
• may be underutilized without
nearby homes
Cost: $31,000
Pros:
• Existing grass and sprinklers,
minimal site prep
• Neighborhood adjacent,
walkability, good visibility
• Side street parking available
Cons:
• Limited parking
• Constrained layout
• Used for youth sports
Cost: $35,000
Pros:
• Near new homes
• Proposed future linear park
• Existing parking, sidewalk,
curb, gutter,
• Dual road access, flexible
configuration
Cons:
• Grading, irrigation, lighting
• Potential future truck stop in
the vicinity
Cost: $85,000
Pros:
• Central location
• Strong visibility
• Partially cleared, flat lot
• Neighborhood adjacent
• Plenty of acreage
Cons:
• Requires curb, gutter,
sidewalk, parking
improvements, lighting
• Proximity to
industrial/commercial
Cost: $150,000
Pros:
• Central location, strong
visibility
• Partially cleared, flat lot,
neighborhood adjacent
• Walkability, arterial access,
Cons:
• Site also has a sewer lift
station
• Requires ~400 ft roadway
construction,
curb/gutter/sidewalk
• Full CEQA MND likely
Cost: $468,000
Where We Are & Next Steps
Site Selection
Incorporate additional amenities as needed/requested
Revise Estimates
Obtain Contractor Bids / Budget Adjustment
Award to Contractor
Construction
QUESTIONS?
City of Chowchilla
REPORT TO THE CITY COUNCIL
Item 6.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: August 12, 2025
AGENDA SECTION: New Business
SUBJECT: Direction to Form an Ad Hoc to Negotiate a Settlement with Madera County Regarding Contract NO. 9006-C-2009 and the City’s Perceived Obligation to Build a Fire Station 2,230 Square Feet in Size
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Madera County Contract No. 9006-C-2009
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
That the City Council approve the formation of an Ad Hoc Committee to resolve the issues with Madera County Contract No. 9006-C-2009
BACKGROUND:
In March 1975 the City entered into a contract with Madera County (No. 2238-C-75) where the County would construct or cause to be constructed certain improvements upon the property at 122 Trinity Ave (current Police Department) after construction of which Madera County and the City of Chowchilla would become tenants in common with each having an equal ½ interest.
In October 2008, the City entered into a contract with Madera County (No. 8756-C-2008) in which an MOU regarding the transfer and use of various parcels of real property was created and the City wished to purchase the County’s ½ interest in the property at 122 Trinity Ave.
In October 2009, the City entered in to a contract with the County (No. 9006-C-2009) which laid out the details of the purchase. As a part of the purchase price, there was a reduction for the value of the square footage the County Fire Department occupied (1,800 sq. ft.) at an appraised amount of $102/sq ft for a total of $183,600 plus additional improvements needed at the request oft eh County for an additional 430 sq. ft. and a cost of $60,200. The City was to construct 2,230 sq ft of new fire station facilities that the County would occupy since they would no longer have the portion of the Police Department building. The combined discount of the purchase price for the construction of the 2,230 sq ft of fire station facilities was $243,800. The County would be allowed to stay in the PD building until the construction of the new fire station facilities were completed which at that time was estimated to be in FY 2013-2014.
In June 2015, then Chief Administrative Officer (CAO) Eric Fleming sent a letter to the City highlighting that the timeline for constructing the new Fire Station had passed and wanted to know when we were going to start construction.
In June 2015 then Fire Chief Harry Turner wrote an interoffice memorandum to then City Administrator Brian Haddix addressing the letter sent by CAO Eric Fleming. In short, Harry said that the FY 2013/2014 was an estimated timeline for construction and not a deadline and that due to the economic downturn, the City did not collect a lot of Development Impact Fees and was not able to build the facility. There was no harm to the County because the County was still using the existing space at the Police Station to provide services.
I was brought in with Mr. Haddix, Turner, Fleming, County Legal and Cal Fire officer Watson for the 1st of a few meetings to discuss. Mr. Fleming claimed we owe the County a facility of 2,230 sq ft under current costs and the City’s position is there was a discounted cost to the purchase price and that dollar amount is what would be owed. Many more meetings have transpired over the years and different options have been presented to settle the issue but nothing has stuck.
In recent meetings, Madera County has expressed a desire to be further west than where they currently are to better respond to County fires in that area and may not even want to be in a facility here in the City.
REASON FOR RECOMMENDATION:
Staff believes we need to get this issue taken care of because it has been going on for a long time. We believe an Ad Hoc will be able to negotiate a fair resolution so we can move forward.
FISCAL IMPACT:
No fiscal impact to create an Ad Hoc but there will be a fiscal impact with whatever solution is agreed upon.
That settlement will come to Council for approval.
ALTERNATIVES:
Not create an Ad Hoc and staff will continue to negotiate with the County.
ACTIONS FOLLOWING APPROVAL:
Begin having meetings with the County.
MADERA COUNTY CONTRACT NO.:
9t'0Z Purchase
and Sale Agreement for Improvements toReal Property) THIS AGREEMENT is entered into this day a-of376 by2009
and between the
COUNTY OF MADERA,
apolitical subdivision ofthe
State of California,
SELLER and the CITY OF
CHOWCHILLA, a California municipal corporation, " BUYER RECITALS A. BUYER owns certain real property situated at 122 Trinity Avenue, Chowchilla, California, and more particularly identified asA.P.N. 002 053 -013 (the "Property B. BUYER and SELLER previously entered into an agreement, Madera County Contract No. 2238 -C -75, on or about March 24, 1975, pursuant to the terms ofwhich SELLER would constructor cause tobe
constructed certain improvements upon the Property after construction of which BUYER and SELLER would become tenants in common as to the Property, each party having an equal one -half interest therein. C. Consistent with the terms ofthe parties' agreements set forth in Madera County Contract No. 8756 -C -2008, dated October 14, 2008, Memorandum of Understanding Regarding Transfer and Use of Various Parcels of Real Property," BUYER wishes to purchase SELLER' sinterest in the Property, and SELLER wishes to quitclaim its interest in the Property
to BUYER, under the terms and conditions set forth in this Agreement. AGREEMENT 1.PURCHASE AND SALE. SELLER will sell its interest in the Property to BUYER, and BUYER will purchase Seller' sinterest in theProperty, which Property is more particularly described in the legal description and map attached hereto as
Exhibit "A," and incorporated herein
by reference. 1
2.PURCHASE
PRICE. The purchase price
of the Property
shall be One Hundred Two Dollars ($102. 00) per square foot, based upon theparty' agreed - supon valueappraised
ofthe Property
of One Million
Three Hundred One Thousand
Dollars 1,301,
000. 00) and the parties' agreed - upon square footage of the improvements of twelve thousand seven hundred forty -five (12,745) square feet.
SELLER' s fifty (50 percent interest in the Property shall bereduced from the appraised value by the building square footage formerly occupied by the County Fire Department ( the parties estimate such square footage to be one thousand eight hundred (1,800) square feet), and shall be further reduced by the cost of improvements made bythe BUYER to
the Chowchilla Government Center since itsconstruction (the parties agree that no such improvements have been made at sole cost to BUYER).The parties agree that improvements tobe made to BUYER' s new fire station facility for use by Seller, in cooperation with the California Department of Forestry and Fire Protection, whether in excess of one thousand eight hundred (1, square 800) feet of building square footage, or inother enhancements, shall be afurther reduction inthe amount paid to SELLER by BUYER. It is understood that
the improvements and enhancements tothe new fire station requested by the Seller will require an additional four hundred thirty (430) square feet of buildingsquare footage, totalling 2,230 square feet.
The Parties further agreethat the term of utilization of such real property BUYER' s new fire station) for COUNTY
Fire Departmentpurposes shall be
fora period of ninety -nine (99) years,
or until vacation of thenew fire
station by COUNTY, whichever
shall occur
first, and shall be atno cost to the County. COUNTY will continue to occupy existingCOUNTY Fire Department facilities at 122 Trinity Avenue,Chowchilla, California, at nocost to the COUNTY until such time as CITY completes 2 construction of the new
fire station facilities to
be occupied by COUNTY Fire Department. Construction of the new fire station facilities isanticipated tocompleted be
during fiscal year
2013 2014.2.
01 Amount of Compensation.
BUYER' s obligation
shall therefore be to compensate SELLER
in an amount to be calculated asfollows: Appraised
Value of Chowchilla Government Center 1,301, 000.00 Less BUYER's one -half interest 650, 500.00Less portion of Government Center formerly Occupied by County Fire Department ( 1,800 sq. ft. times $102.00 per sq. ft.)183,600. 00 Less improvements or enhancements ( estimated at an additional 430 square feet) to BUYER'sfire facility for
the use of SELLER 60,200.00 Amount to be paid by BUYER to SELLER 406,700. 00 2. 02 Initial Payment. BUYER shall pay to SELLER, within fifteen (15) days of the execution of this Agreement, the sum of One Hundred Thousand Dollars ($100,000. 00), such sum being acknowledged by the parties to be apartial payment ofthecompensation due SELLER.
2.03 Balance of Payment. BUYER will pay the balance owing SELLER within fifteen (15) days of issuance of BUYER' scertificate of
occupancy for the improvements tothat portion of BUYER' snew fire stationto be used by SELLER. 3.QUITCLAIM DEED. SELLER will provide BUYER with arecordable Quitclaim Deed as respects theProperty within fifteen (15) days notice by BUYER to SELLER of the issuance of the certificate of occupancy referenced
in Section 2.03 and
Section 10.2of this Agreement. 3
4.SELLER'
S WARRANTIES. SELLER makes
no representations or
warranties ofany kind, expressor implied,
relating to the Property. 5.INTEGRATION. ThisAgreement
along with anyexhibits
or addenda attached
hereto, orreferenced herein, shall
constitute the entire Agreement
between SELLER and
BUYER and supersedes any and all prior
written or oral agreements between and among the parties and their agents, all of which are merged into or
revoked by this Agreement.6.ARBITRATION. BUYER and SELLER agree that any dispute or claim in law or equity arising between them outof this Agreement, which is not settled through informal negotiation or by mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or
justice, or an attorney with at least five (5)years ofreal estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in
accordance with substantive California law. Theparties shall have the right to discovery in accordance with Code of Civil Procedure section 1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9of Part IIIof the California Code ofCivil
Procedure. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. 7.ATTORNEYS' FEES. If either party to this Agreement begins any action, proceeding, or arbitration arising outofthis Agreement, the prevailing party shall be
entitled to receive from theother party, inaddition to any other relief granted, its reasonable attorneys' fees (including the value of County Counsel' sservices), costs, and expenses incurred in the action, proceeding, or arbitration.8.GOVERNING LAW. This Agreement and the legal relations between the parties shall be governed by
and construedaccording to California
law. Venue forthe 4
filing of
any action to enforce
or interpret this
Agreement orany rights and duties hereunder
shall be in Madera, California.9. PRECEDENCE DOCUMENTS. OF Ifany conflictexists
between the body
of this Agreement and any
exhibit or attachment
to it, the
provisions of the body of this Agreement
will control and take precedence over the exhibitor attachment. 10.
DELIVERY AND POSSESSION. SELLER shall deliver 10. possession: 1 Of its interest in Property described in the legal description and map attached hereto as Exhibit "A," except for the existing COUNTY Fire Department facilities (located at122 Trinity Avenue, Chowchilla, California), to the BUYER within five (5) working days upon the initial payment of One Hundred Thousand dollars ($ 100,000) as referenced in Section 2.02.10.2of that portion ofthe Property which
houses the existing COUNTY Fire Department facilities to the BUYER within seven (7) calendar days upon the issuance of the certificate of occupancy referenced above inSection 2.03.11. FURTHER ASSURANCES. Each party will sign and deliver further reasonable documents, or take any further reasonable actions required to complete the purchase and sale described herein. 12. NOTICES. All notices and other communications required or permitted under this Agreement shall be in writing and duly given on the date of service, if:12.01 Served personally on
the person to receive the notice;12.02 Delivered by depositing the notice or communication in the U.S. mail, postage prepaid, and addressed tothe relevant party at the address set forth below; or 5
12.03By facsimile
that provides a
transmission confirmation showing the date and time transmitted. SELLER BUYER Stell Manfredi Jay Varney County Administrative Officer CityActing Administrator County ofMadera
Cityof Chowchilla
200
West
Fourth
Street 130 South Second Street
Madera, CA 93637 Chowchilla, CA 93610
With copy to
Tanna G. Boyd, Chief Clerk
Madera County Board of Supervisors 200 West Fourth Street Madera, CA 93637 13. AMENDMENT OR CANCELLATION. BUYER and SELLER may amend or cancel this Agreement only by mutual written consent of the parties, unless otherwise expressly provided herein.14. SUCCESSORS
AND ASSIGNS. This Agreement is binding upon and shall inure tothe benefit of each party, and each party' s
heirs, successors, assigns,transferees, agents, employees orrepresentatives. The BUYER may assign this agreement and its rights hereunder. 15. TIME OF THE ESSENCE. Time isofthe essence ofeachterm inthis Agreement. 16. HEADINGS. The section headings in this Agreement are for convenience only. They are not part of this Agreement and shall notbeused to construe it.17. WAIVER.
Any party' s waiver ofabreach of any provision herein will not bea continuing waiver or a
waiver of any subsequent breach of that or any other provision of this Agreement. 6
18. SEVERABILITY. The provisions of this Agreement are severable. The invalidity or unenforceability of any provision inthis Agreement will not affect the other provisions.19. COUNTERPARTS. This Agreement maybe executed incounterparts, each ofwhich when executed and delivered will be deemed an original, and all of which together will constitute one instrument. 7
IN WITNESS WHEREOF, the
foregoing agreement is
executed onthe date andyear first
abovewritten. AOFCOUNTY
MADERA tev3 OP 14,
1 on 0
v Chairman, Board
of Surlervis sATTEST:
Ierk, Board of Supervisors CITY OF CHOWCHILLA yor rT:i46'ity ClerkApproved as to Legal Form: Appro ed "as to Legal Form: COUNTY COUNSEL CITY AI ORNEY By 41114/ z( By:or Approved as to Form: RISK MANAGEMENT By ACCOUNT NUMBER( S):S: \ County Counsel\ Administration Office \ Contracts \ Chowchilla Gov Ctr.Purch Agrmt. doc8
EXHIBIT A"
EXHIBIT " A"
Lots Thirteen (13) through
Twenty - four (24), inclusive,
of Block 27 of City of Chowchilla,
according to map entitled, " Map
of the Cityhowchilla, of California filed and recorded in Vol. 3 of Maps, at Page 20in Madera County Recorder'
sOffice, County of Madera, and State of
California. Assessor' s
Parcel Number 002 053 -013
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REPORT TO THE CITY COUNCIL
Item 6.6
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: August 12, 2025
AGENDA SECTION: New Business
SUBJECT: Consider and Approve Response to the 2024-2025 Madera County Grand Jury Final Report titled Chowchilla Volunteer Fire Department PREPARED BY: Fred Gaumnitz, Fire Chief
ATTACHMENTS: Draft Response
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
Approve the attached response, authorize the Mayor to sign the cover letter on behalf of the City Council (City), and direct the City Clerk to forward it to the Presiding Judge of the Superior Court as the City and Mayor’s response to the Final Report (Report) of the 2024-2025 “Chowchilla Volunteer Fire Department”, Madera County Grand Jury (MCGJ).
BACKGROUND:
The MCGJ states in their report that “The increasing frequency and severity of fires throughout California underscore the heightened risk to life and property, raising concerns about whether a volunteer-based model remains sufficient for the city's needs. In response to these concerns, on January 10, 2025, the MCGJ visited Chowchilla Fire Station 1 at 240 North First Street within the Public Works Yard. During the visit, the MCGJ observed the department's operational capabilities, reviewed its facilities, and attempted to examine training records to assess whether the current volunteer fire department model remains adequate for a city of Chowchilla's size and trajectory.” In the Report the City found information that needed clarification. Additionally, the MCGJ made 4 Findings and 4 Recommendations that the City responded to in the attached response.
The Report, including the recommendations, point to the Office of the State Fire Marshall (OSFM) assessing and certifying fire departments. After reaching out to OSFM, their legal department informed the City that they do not do either.
REASON FOR RECOMMENDATION:
According to the Penal Code, the City has 90 days and the department head has 60 days from receipt of the Final Report to respond to each of the Findings and Recommendations. The Fire Chief has submitted his response. The Report requested a response from the City of Chowchilla.
A response has been prepared for consideration by the City. The Penal Code provides the City and the Mayor shall comment to the Presiding Judge of the Superior Court on the “findings and recommendations pertaining to matters under control of the governing body.” FISCAL IMPACT:
No additional fiscal impact of the recommendation is identified.
ALTERNATIVES:
Don’t send a response to the presiding judge of the MCGJ.
ACTIONS FOLLOWING APPROVAL:
The response will be submitted to the presiding judge of the Madera County Grand Jury and to the Madera Grand Jury.
240 N. First Street, Chowchilla, CA 93610
Telephone: (559) 665-8626 Fax: (559) 665-8627 www.CityOfChowchilla.org July 31, 2025
Presiding Judge Michael Jurkovich
200 S G Street
Madera, CA 93637
RE: Response to Grand Jury Findings and Recommendations Dear Judge Jurkovich:
Pursuant to Penal Code sections 933 and 933.05, please allow this document to serve as the response from the City of Chowchilla Mayor, and the City Council of Chowchilla (City) to the findings and recommendations in the Grand Jury Report titled, “Chowchilla Volunteer Fire Department” (Report).
We would like to thank you for the Report and the recommendations it provided. We appreciate the time and effort the Madera County Grand Jury (MCGJ) dedicated to assessing our fire service capabilities, especially given the rapid growth and changing needs of our community.
The City would like to clarify some of the information provided in the Report:
1. Under “Summary” and “Background,” it is noted that the population of Chowchilla is 19,669.
a. This number includes Valley State Prison and Central California Women’s Facility, which combined house over 7,000 inmates. This brings the general population served by the Chowchilla Volunteer Fire Department (CVFD) closer to 13,000. b. Central California Women’s Facility has their own fire department that covers both prisons. It is also a mutual aid partner with Madera County, including the City of Chowchilla.
2. Under “Dispatch and Response Procedures,” it is noted that during the 2024 calendar year, CVFD responded to 885 calls, an increase from the 473 calls reported five years earlier.
a. CVFD received 1,056 calls in 2024, an increase from the 381 calls reported five years earlier.
b. The report providing the correct call numbers can be found on the City’s website.
3. Under “Summary,” MCGJ “recommends that the current volunteer fire department transitions to a full-time, state-certified fire department to meet the community’s growth.”
a. The Office of the State Fire Marshall (OSFM) is a program under CAL FIRE and does not certify fire departments per CAL FIRE Chief Legal Counsel.
4. Under “Training and Staffing,” the report states: “The Office of the State Fire Marshall [OSFM] assesses fire stations in the State of California and is responsible for various aspects of fire safety and volunteer fire department regulations, including training and standards.”
a. OSFM does not assess fire departments per CAL FIRE Chief Legal Counsel.
The City’s Responses to the Findings:
Finding 1:
“The [MCGJ] finds that the Chowchilla Volunteer Fire Department Association has devoted numerous hours to protecting persons and property in the City of Chowchilla since 1923.”
Response:
We acknowledge the dedication of the Chowchilla Volunteer Fire Department Association since 1923 and recognize their invaluable contribution to our community.
Finding 2:
“The [MCGJ] finds that the City of Chowchilla has grown substantially and the volunteers may no longer be adequate to provide the services needed by the community's residents.”
Response:
We agree that the growth of Chowchilla presents challenges that may require reevaluating our fire service model to ensure adequate coverage and response times.
Finding 3:
“The [MCGJ] finds no available records upon request.”
Response:
The lack of available training records is concerning. Although records were provided via email as agreed to during the onsite visit, we commit to improving our record-keeping practices to ensure transparency and compliance with standards.
Finding 4:
“The [MCGJ] finds that in-house trainers provide volunteer training, and evaluation is conducted in-house and lacks oversight.”
Response:
The City disagrees in part with Finding 4. In-house training is a standard throughout the fire service. All of the trainings that require certifications have oversite through their respected organizations that the certificate comes from. Additionally, the department’s Fire Chief is a state-certified trainer, which has oversite through OSFM.
The City’s Responses to the Recommendations:
Recommendation 1:
“The [MCGJ] recommends that the Chowchilla City Council develop a plan to hire a fulltime paid fire department crew to begin the 2026-27 fiscal year.” Response:
The City has already developed a plan to transition to a full-time paid fire department crew. We are pleased to inform you that the City has budgeted for three full-time positions and will be filling those positions before the end of the 2025 calendar year.
Recommendation 2:
“The [MCGJ] recommends that select Chowchilla Volunteer Fire Department Association members assist the City of Chowchilla develop a transition plan to a California statecertified full-time fire department.” Response:
We have and will continue to engage with members of the Chowchilla Volunteer Fire Department Association to assist in creating a transition plan to a combinations fire department. Additionally, the designation of “California State-certified full-time fire department” does not exist.
Recommendation 3:
“The [MCGJ] recommends that the Chowchilla Fire Department maintain and make all training records available for firefighting personnel.” Response:
A system for maintaining and making training records available is in place under a cloudbased records management system established in 2012. It was unfortunate that a technical problem prevented MCGJ from reviewing those records during their station tour, but as discussed during that tour, records were emailed to MCGJ as requested.
We will continue to maintain and make available training records for all firefighting personnel to ensure compliance with standards set forth by the OSFM and any other regulatory agencies.
Recommendation 4:
“The [MCGJ] recommends that the [OSFM] conduct a current Chowchilla Volunteer Fire Department assessment. The OSFM is responsible for various aspects of fire safety and volunteer fire department regulations, including training and standards. The evaluation and the results will be submitted to the court and the Grand Jury within 120 days of publication.”
Response:
We reached out to OSFM/CalFire Legal and were advised that the OSFM does not have the resources nor is it within their scope to conduct an operational readiness assessment. Additionally, concerning the certification process, CalFire/OSFM does not certify fire departments but does certify chief officers. We are pleased to confirm that our Fire Chief, Fred Gaumnitz, is a state-certified fire chief.
REPORT TO THE CITY COUNCIL
Item 6.7
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: August 12, 2025
AGENDA SECTION: New Business
SUBJECT: Consideration to Appoint Voting Delegates for the League of California Cities (LOCC) Business Meeting at the 2025 Annual Conference in Long Beach
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Voting Delegate Information
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the Council appoint a Council Member as the Voting Delegate and another Council Member as the Alternate for the League of California Cities Annual Conference Business Meeting. It is preferred that the voting member and alternate be elected city officials; a staff member could serve as the second alternate.
BACKGROUND:
The League of California Cities 2025 Annual Conference is scheduled for Wednesday, October 8 through Friday October 10. An important part of the Annual Conference is the Annual Business Meeting, during General Assembly, on Friday, October 10. At this meeting, the League membership considers and acts on resolutions that establish League policy. In order to vote at the Annual Business Meeting, the City must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to do so.
This years Annual Conference will be in Long Beach, California.
Last year, Council Member Chavez was the Primary Voting Delegate and Mayor Pro Tem Troost was the Alternate.
REASON FOR RECOMMENDATION:
It is a requirement of the League of California Cities to assign a delegate and up to two alternates in order to vote at the Annual Business Meeting.
FISCAL IMPACT:
Conference registration: $725/Delegates for full conference, $240 +/- per night for hotel. All costs were budgeted for in the 2025/26 budget under account 100-1605-3052.
ACTIONS FOLLOWING APPROVAL:
Complete the Voting Delegate online form via the League of California Cities member login portal. 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 24, 2025
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).