City Council Agenda October 14, 2024
1 AMERICANS WITH DISABILITIES ACT/CALIFORNIA BROWN ACT
NOTIFICATION FOR THE CITY OF HUGHSON
This Agenda shall be made available upon request in alternative formats to persons with a disability as required by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) and the Ralph M. Brown Act (California Government Code Section 54954.2).
Disabled or Special needs Accommodation: In compliance with the Americans with Disabilities Act, persons requesting a disability related modification or accommodation in order to participate in the meeting and/or if you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (209) 883-4054. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting.
City of Hughson
CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street Hughson, California MONDAY, OCTOBER 14, 2024 – 6:00 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Samuel Rush
Councilmember Julie Ann Strain
Councilmember Alan McFadon
FLAG SALUTE: Mayor George Carr
INVOCATION: Hughson Ministerial Association
AGENDA
HUGHSON CITY COUNCIL
How to participate in, or observe the Meeting:
• In person in the City Council Chambers and submit public comment when invited during the meeting. • Observe only via YouTube live, by accessing this link:
https://www.youtube.com/channel/UC-PwkdIrKoMmOJDzBSodu6A?view_as=subscriber If a technical issue arises with any streaming option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. • In addition, recorded City Council meetings are posted on the City’s website the second business day following the meeting. Recorded videos can be accessed with the following link:
Upcoming Meetings | Hughson CA
1 City Council Agenda October 14, 2024
2 1. PUBLIC BUSINESS FROM THE FLOOR (No Action Can Be Taken):
Please limit presentations to five minutes. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter. Pursuant to California Government Code Section 54954.2(a)(3), no action or discussion may be undertaken on any item not appearing on the posted agenda, except that the City Council, or its staff, may briefly respond to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda.
2. PRESENTATIONS: NONE.
3. CONSENT CALENDAR:
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an audience member, or individual Councilmember, for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
3.1: Approval of the Minutes of the Regular Meeting of September 23, 2024.
3.2: Approval of the Warrants.
3.3: Authorizing the Purchase of One Lazer X 801KA Platform 60" Mower with Mulch Kit in the Amount Not to Exceed of $21,239.44.
3.4: Adoption of Resolution No. 2024-36, Authorizing the City Manager to Execute a Contract with McAuley Ford for the Purchase of One 2024 Ford F250 Regular Cab, 4x2, Gas, 8ft Scelzi Utility Body with Tommy Gate 1600# Capacity Liftgate, in an Amount Not-to-Exceed $69,123.04.
3.5: Adoption of Resolution No. 2024-37, Authorizing the Submittal of a Grant Application to the San Joaquin Valley Air Pollution Control District for the Purchase of New Alternative Fuel Vehicles, and if Awarded, Authorize the City Manager to Accept the Grant and Sign all Necessary Documents Related to the Purchase of the Vehicles.
3.6: Adoption of Resolution No. 2024-38, Authorizing the City Manager to Enter into an Agreement with Symbium, to Provide Cloud-based Software Services to Meet the Requirements of Senate Bill (SB) 379, which Mandates Streamlined Solar Energy System Permitting.
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARING: NONE.
6. NEW BUSINESS: NONE.
7. CORRESPONDENCE: NONE.
2 City Council Agenda October 14, 2024
3 8. COMMENTS:
A brief report on notable attendance at a meeting, or conference, or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council during this time.
8.1: Staff Reports and Comments:
City Manager
City Clerk
Director of Finance
Community Development Director
Police Services
City Attorney
8.2: Council Comments:
9. CLOSED SESSION:
9.1: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Souza et al. v.
CalPERS; Court of Appeal Case No. C099861
10. ADJOURNMENT:
The next City Council meeting is scheduled for October 28, 2024, at 6:00 pm.
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at Hughson City Hall during normal business hours. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on the agenda.
Notice Regarding Non-English Speakers:
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Hughson City Council shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.
UPCOMING EVENTS:
October 25 Movie Night at Starn Park, 6:30PM
AFFIDAVIT OF POSTING
Date: October 11, 2024 Time: 1:30PM
Name: Ashton Gose Title: City Clerk
3 City Council Agenda October 14, 2024
4 October 28 City Council Meeting, City Council Chambers/YouTube Live Stream, 6PM October 31 Trunk, or Tent and Treat, Downtown Hughson, 5PM 4 Meeting Date: October 14, 2024
Subject: Approval of the City Council Minutes
Presented By: Ashton Gose, City Clerk
Approved By:
____________________________
Dominique Romo, City Manager
______________________________________________________________________ Staff Recommendation:
Approve the Minutes of the regular Meeting of September 23, 2024.
CITY COUNCIL AGENDA ITEM NO. 3.1
SECTION 3: CONSENT CALENDAR
5 City Council Minutes September 23, 2024
1 MINUTES
City of Hughson
CITY COUNCIL MEETING
Hughson City Hall – 7018 Pine Street
Hughson, California
MONDAY, SEPTEMBER 23, 2024 – 6:01 P.M.
CALL TO ORDER: Mayor George Carr
ROLL CALL:
Present: Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Alan McFadon
Councilmember Julie Ann Strain
Absent: Councilmember Samuel Rush
Staff Present: Dominique Romo, City Manager
Tom Terpstra, Deputy City Attorney
Ashton Gose, City Clerk
Carla Jauregui, Community Development Director
Kim Weimer, Director of Finance and Admin Services
Jose Vasquez, Public Works Superintendent
Sarah Chavarin, Accounting Manager
Lloyd MacKinnon, Chief of Police
Patrick Cervantes, Code Enforcement Officer
________________________________________________________________
1. PUBLIC BUSINESS FROM THE FLOOR (No Action Taken):
Hughson resident Peter Sugia provided comments regarding the Surface Improvement Project.
Jason Diestel provided comments regarding permit and development impact fees for water and sewer.
HUGHSON CITY COUNCIL
6 City Council Minutes September 23, 2024
2 2. PRESENTATIONS:
2.1: Proclaim October 6-12, 2024, as Code Enforcement Officer Appreciation Week.
Mayor Carr proclaimed October 6-12, 2024, as Code Enforcement Officer Appreciation Week, and acknowledged the City’s Code Enforcement Officer Patrick Cervantes.
3. CONSENT CALENDAR:
3.1: Approval of the Minutes of the Regular Meeting of September 9, 2024.
3.2: Approval of the Warrants.
3.3: Adoption of Resolution No. 2024-34, Approving an Agreement for Code Enforcement Services with the City of Waterford, Inclusive of Any Final Edits by the City Attorney, and Authorize the City Manager to Execute the Agreement.
CARR/McFADON 4-0-0-1 motion passes to approve the Consent Calendar as presented, with the following roll call vote:
CROOKER RUSH STRAIN McFADON CARR
AYE ABSENT AYE AYE AYE
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARING: NONE.
6. NEW BUSINESS:
6.1: Adoption of Resolution No. 2024-35, Approving the City of Hughson Fiscal Year 2024-2025 Final Budget.
Director Weimer presented the staff report on this item.
Mayor Carr opened public comment at 6:21PM. There was no public comment. Mayor Carr closed public comment at 6:21PM.
CARR/McFADON 4-0-0-1 motion passes to approve the adoption of Resolution No. 2024-35, Approving the City of Hughson Fiscal Year 2024-2025 Final Budget, with the following roll call vote:
CROOKER RUSH STRAIN McFADON CARR
AYE ABSENT AYE AYE AYE
7 City Council Minutes September 23, 2024
3 7. CORRESPONDENCE:
7.1: 2024 Local Agency Biennial Notice.
No action taken.
8. COMMENTS:
8.1: Staff Reports and/or Comments:
City Manager Romo updated the Council on Hughson Elementary School’s Third Grade Field Trip to City Hall and Police Services, the Stanislaus Animal Services Agency’s meeting, the Hughson Ministerial Association Leadership breakfast, and her mentoring session at Hughson Elementary School.
City Clerk Gose informed the Council and public that the 2024 Election Voter Guide is now available online, as well as in the City Hall lobby. She also provided a Human Resources update regarding staffing.
Director of Finance Weimer provided an update regarding the FY 2023-2024 Financial Audit.
Community Development Director Jauregui commented on the new Downtown Hughson sign.
She also reminded the Council and public that the City is hosting a movie night on October 25, 2024.
8.2: Council Member/Mayor Comments:
Councilmember McFadon updated the Council on his attendance at a Budget and Finance Committee meeting on September 23, 2024.
Councilmember Strain updated the Council on her attendance at the Hughson Ministerial Association Leadership breakfast and the Economic Development Committee meeting on September 23, 2024. She thanked staff and Hughson Police Services for their continued hard work.
Mayor Pro Tem Crooker updated the Council on his attendance at the Economic Development Committee meeting on September 23, 2024.
Mayor Carr updated the Council on his attendance at the StanCOG meeting, the Mayor’s meeting, and the Hughson Ministerial Association Leadership breakfast.
9. CLOSED SESSION TO DISCUSS THE FOLLOWING: NONE.
8 City Council Minutes September 23, 2024
4 10. ADJOURNMENT:
STRAIN/CROOKER 4-0-0-1 motion passes to adjourn the September 23, 2024, regular meeting at 6:32PM, with the following roll call vote:
CROOKER RUSH STRAIN McFADON CARR
AYE ABSENT AYE AYE AYE
APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:
________________________
ASHTON GOSE, City Clerk
9 Meeting Date: October 14, 2024
Subject: Approval of Warrants Register
Presented By: Kim Weimer, Director of Finance
Approved By: _________________________
Staff Recommendation:
Approve the Warrants Register as presented.
Background and Overview:
The warrants register presented to the City Council is a listing of all expenditures paid from September 19, 2024, through October 10, 2024.
Fiscal Impact:
There are reductions in various funds for payment of expenses.
CITY COUNCIL AGENDA ITEM NO. 3.2
SECTION 3: CONSENT CALENDAR
10 10/10/2024 10:55:04 AM Page 1 of 7
Check Report
Hughson By Check Number
Date Range: 09/19/2024 - 10/10/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: Payable Bank-Payable Bank
00016 ABS PRESORT 09/20/2024 Regular 0.00 6,776.87 58563 136953 Invoice 09/12/2024 BILL PRINTING- Sept 2024 0.00 1,776.87 MP-20240913 Invoice 09/13/2024 Postage Advance for Mail Services 0.00 5,000.00 00032 AFLAC 09/20/2024 Regular 0.00 286.57 58564
327749 Invoice 10/01/2024 AFLAC - Oct 0.00 286.57
01603 Amazon Capital Services, Inc. 09/20/2024 Regular 0.00 140.23 58565 19R9-VRDR-3LYP Invoice 08/27/2024 Inflatable Projector Screen 0.00 140.23 01260 CARLA JAUREGUI 09/20/2024 Regular 0.00 440.32 58566 INV0012058 Invoice 09/18/2024 Mod Bee PHN for 10/1 Planning Commissi… 0.00 440.32 00288 CHOICE LIGHTING SUPPLY 09/20/2024 Regular 0.00 3,531.42 58567 353976 Invoice 08/28/2024 street light supplies 0.00 3,531.42 00332 CONDOR EARTH TECHNOLOGIES 09/20/2024 Regular 0.00 2,209.55 58568 90983 Invoice 07/31/2024 FY 24-27 Storm Water Support July 2024 0.00 879.40 91133 Invoice 08/31/2024 FY24-27 MSA Storm Water 7/24-8/23/24 0.00 1,330.15 01570 CSG Consultants 09/20/2024 Regular 0.00 1,108.25 58569 B241360 Invoice 08/01/2024 Building Plan Review July 24 0.00 1,108.25 00364 CSJVRMA 09/20/2024 Regular 0.00 46,318.00 58570
INV0096 Invoice 09/13/2024 2024/25 2ND QTR 0.00 46,318.00 00464 EZ NETWORK SYSTEMS, INC. 09/20/2024 Regular 0.00 51,410.16 58571 44574 Invoice 08/17/2024 New Servers for WWTP 0.00 51,410.16 00475 FGL ENVIRONMENTAL 09/20/2024 Regular 0.00 2,318.00 58572 439621A Invoice 07/25/2024 WW FGL lab blanket 0.00 281.00 439974A Invoice 07/30/2024 WW FGL lab blanket 0.00 134.00 450428A Invoice 07/29/2024 WW FGL lab blanket 0.00 134.00 450669A Invoice 08/01/2024 WW FGL lab blanket 0.00 204.00 451031A Invoice 08/07/2024 WW FGL lab blanket 0.00 134.00 451433A Invoice 08/30/2024 WW FGL lab blanket 0.00 235.00 451775A Invoice 08/30/2024 WW FGL lab blanket 0.00 134.00 452302A Invoice 09/05/2024 WW FGL lab blanket 0.00 134.00 452679A Invoice 09/11/2024 DW FGL blanket 0.00 31.00
452680A Invoice 09/11/2024 DW FGL blanket 0.00 92.00
452723A Invoice 09/12/2024 DW FGL blanket 0.00 125.00
452724A Invoice 09/12/2024 DW FGL blanket 0.00 65.00
452725A Invoice 09/12/2024 DW FGL blanket 0.00 65.00
452961A Invoice 09/11/2024 DW FGL blanket 0.00 33.00
453005A Invoice 09/11/2024 DW FGL blanket 0.00 92.00
453006A Invoice 09/11/2024 DW FGL blanket 0.00 133.00
453008A Invoice 09/11/2024 DW FGL blanket 0.00 57.00
453010A Invoice 09/16/2024 WW FGL lab blanket 0.00 235.00 01995 Flo-Line Technology, Inc. 09/20/2024 Regular 0.00 21,324.50 58573 240492 Invoice 09/12/2024 WWTP mixer 0.00 21,324.50
00659 J.B. Anderson Land Use Planning 09/20/2024 Regular 0.00 17,759.95 58574 080124HUGH Invoice 08/01/2024 General Planning Service 0.00 12,209.00 090124HUGH Invoice 09/01/2024 General Planning Services 0.00 5,550.95 01596 JHC LLC 09/20/2024 Regular 0.00 2,960.00 58575
11 Check Report Date Range: 09/19/2024 - 10/10/2024
10/10/2024 10:55:04 AM Page 2 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 24-0078-H-OWR Invoice 09/17/2024 SB1383 assistance for July-Aug 2024 0.00 2,960.00 01398 Jose Vasquez 09/20/2024 Regular 0.00 272.34 58576 INV0012033 Invoice 09/18/2024 Well #8 filter gaskets 0.00 151.52 INV0012057 Invoice 09/18/2024 PW lunch reimbursement 0.00 120.82 00738 LUNA, SAM 09/20/2024 Regular 0.00 140.00 58577
INV0012059 Invoice 09/17/2024 Pesticide License Renewal Fee 0.00 140.00 00755 MCR ENGINEERING, INC 09/20/2024 Regular 0.00 15,310.00 58578 20041 Invoice 08/30/2024 Services performed through 7/31/24 0.00 15,310.00 00611 Mid Valley Publications 09/20/2024 Regular 0.00 284.90 58579 344584 Invoice 09/03/2024 Legal 14695 0.00 142.45
344585 Invoice 09/03/2024 Legal 14694 0.00 142.45
01962 NJA Architecture 09/20/2024 Regular 0.00 11,699.40 58580 24003-4 Invoice 07/01/2024 Civic Center Master Plan 0.00 2,800.00 24003-6 Invoice 07/31/2024 Civic Center Master Plan 0.00 5,099.40 24003-7 Invoice 09/30/2024 Civic Center Master Plan 0.00 3,800.00 00837 NORTHSTAR CHEMICAL 09/20/2024 Regular 0.00 457.85 58581 292573 Invoice 09/13/2024 water chemicals blanket 0.00 457.85 00884 PITNEY BOWES 09/20/2024 Regular 0.00 502.25 58582 INV0012053 Invoice 09/13/2024 POSTAGE 0.00 502.25
00901 PREFERRED ALLIANCE, INC. 09/20/2024 Regular 0.00 124.40 58583 0197865-IN Invoice 08/31/2024 OFF-SITE PARTICIPANT 0.00 124.40 01950 Premier Pools & Spas 09/20/2024 Regular 0.00 500.00 58584 INV0012056 Invoice 09/18/2024 Refund encroachment ENCR24-1505 0.00 500.00 01943 Quality Service, Inc. 09/20/2024 Regular 0.00 26,671.50 58585 35629 Invoice 08/30/2024 Water and Wastewater System Operations 0.00 26,671.50 01885 RecruitGigs 09/20/2024 Regular 0.00 3,564.00 58586 70182 Invoice 09/13/2024 Extra Help - PW 0.00 3,564.00
01509 Sanjay Prasad 09/20/2024 Regular 0.00 500.00 58587 INV0012063 Invoice 09/18/2024 Damage Deposit - Prasad 0.00 500.00 01093 SYNAGRO WEST, LLC 09/20/2024 Regular 0.00 1,291.53 58588 51031 Invoice 09/01/2024 sludge removal Blanket PO 0.00 1,291.53 01709 The Lincoln National Life Insurance Company 09/20/2024 Regular 0.00 445.89 58589 4746893458 Invoice 10/01/2024 Life Insurance - OCT 0.00 445.89 01984 TradeMark Pool & Spa 09/20/2024 Regular 0.00 500.00 58590 INV0012032 Invoice 09/17/2024 Refund encroachment ENCR24-1353 0.00 500.00 01638 U.S. Bank National Association 09/20/2024 Regular 0.00 2,225.00 58591 7450015 Invoice 08/23/2024 Redevelopment project tax allocation reu… 0.00 2,225.00 01225 WILLDAN ENGINEERING 09/20/2024 Regular 0.00 4,458.25 58592 00628436 Invoice 08/23/2024 Whitmore sidewalk improvement 0.00 63.25 010-59686 Invoice 09/17/2024 Cost Allocation Plan for the City of Hughson 0.00 4,395.00 01226 WILLE ELECTRIC 09/20/2024 Regular 0.00 1,071.94 58593 S2214469.001 Invoice 08/28/2024 street light parts 0.00 1,071.94 01864 Parkson Corporation 09/26/2024 Regular 0.00 39,384.75 58594 AR1/51039009 Invoice 12/20/2023 WASTE WATER AUGER 0.00 7,520.27 AR1/51039111 Invoice 12/29/2023 WASTE WATER AUGER 0.00 599.85 AR1/51040131 Invoice 04/30/2024 WASTE WATER AUGER 0.00 28,552.29 12 Check Report Date Range: 09/19/2024 - 10/10/2024
10/10/2024 10:55:04 AM Page 3 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount AR1-51039222 Invoice 01/22/2024 WASTE WATER AUGER 0.00 2,712.34 01603 Amazon Capital Services, Inc. 09/27/2024 Regular 0.00 74.87 58595 1HCM-LRXK-QLDP Invoice 09/22/2024 Office Supplies 0.00 74.87 00109 BADGER METER, INC 09/27/2024 Regular 0.00 5.25 58596 8016110 Invoice 08/29/2024 badger cell service for August 0.00 5.25 00123 BAY ALARM CO 09/27/2024 Regular 0.00 450.00 58597 21678859 Invoice 09/05/2024 fire monitoring 10/24 to 12/24 0.00 450.00 00302 CITY OF WATERFORD 09/27/2024 Regular 0.00 3,414.18 58598 August 2024 Invoice 09/04/2024 Code Enforcement - Aug 2024 0.00 3,414.18 00302 CITY OF WATERFORD 09/27/2024 Regular 0.00 3,386.95 58599 July 2024 Invoice 08/15/2024 Code Enforcement - July 2024 0.00 3,386.95 01538 Colonial Life 09/27/2024 Regular 0.00 190.98 58600 54059070701540 Invoice 09/01/2024 Colonial Life - Sept 0.00 190.98 01570 CSG Consultants 09/27/2024 Regular 0.00 5,588.00 58601 58141 Invoice 09/16/2024 Contract Services Planning/Building 0.00 5,588.00 00475 FGL ENVIRONMENTAL 09/27/2024 Regular 0.00 118.00 58602 453392A Invoice 09/18/2024 DW FGL blanket 0.00 118.00
00480 FINELINE STRIPING 09/27/2024 Regular 0.00 27,795.00 58603 379 Invoice 09/19/2024 street striping 2024 0.00 27,795.00 00513 GARTON TRACTOR 09/27/2024 Regular 0.00 2,938.26 58604 W1701901 Invoice 08/29/2024 Kubota tractor AC 0.00 2,938.26 00581 HENSLEY'S PAVING 09/27/2024 Regular 0.00 19,224.43 58605 3 Invoice 07/01/2024 payment period 12/01/23 - 1/31/24 0.00 19,224.43 01748 Martin Marietta Materials, Inc 09/27/2024 Regular 0.00 206.37 58606 43566610 Invoice 08/28/2024 asphalt locust st 0.00 206.37 00822 NESTLE WATERS 09/27/2024 Regular 0.00 569.57 58607 04I6703905050 Invoice 09/20/2024 Water for City Hall 0.00 223.46 24I0025664277 Invoice 09/20/2024 WATER FOR WWTP 0.00 346.11 00899 PRECISION CONCRETE CUTTIN 09/27/2024 Regular 0.00 3,765.27 58608 55122 Invoice 08/30/2024 sidewalk grinding 0.00 3,765.27 01885 RecruitGigs 09/27/2024 Regular 0.00 1,980.00 58609 70227 Invoice 09/20/2024 Extra Help - PW 0.00 1,980.00
00972 SAFE-T-LITE 09/27/2024 Regular 0.00 110.97 58610
399775 Invoice 08/28/2024 concrete tools 0.00 110.97
01040 STANISLAUS COUNTY SHERIFF 09/27/2024 Regular 0.00 156,931.94 58611 2425-15 Invoice 09/12/2024 Law Enforcement Sevices - Aug 2024 0.00 156,931.94 01058 STATE WATER BOARD ACCT.OF 09/27/2024 Regular 0.00 972.00 58612 EW-1046805 Invoice 09/18/2024 Billing Period 07/01/23 - 6/30/24 0.00 972.00 01605 Swan Pools 09/27/2024 Regular 0.00 500.00 58613
INV0012097 Invoice 09/23/2024 Refund encroachment deposit ENCR24-14… 0.00 500.00 01149 TURLOCK IRRIGATION DIST. 09/27/2024 Regular 0.00 35,008.11 58614 INV0012098 Invoice 09/16/2024 ELECTRIC 0.00 35,008.11
00005 United Site Services of California, Inc. 09/27/2024 Regular 0.00 80.78 58615 114-13903983 Invoice 07/31/2024 Fence Rental 0.00 80.78 01997 Capitol Door & Window 09/27/2024 Regular 0.00 363.41 58616 13 Check Report Date Range: 09/19/2024 - 10/10/2024
10/10/2024 10:55:04 AM Page 4 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Q-20695 Invoice 09/27/2024 Lebright Door Handles 0.00 363.41 01420 CALIFORNIA STATE DISBURSEMENT UNIT 10/02/2024 Regular 0.00 40.12 58617 INV0012076 Invoice 09/25/2024 INCOME WITHHOLDING FOR CHILD SUPP… 0.00 40.12 01257 1ST SECURITY & SOUND INC 10/07/2024 Regular 0.00 149.85 58618 0246352 Invoice 10/04/2024 MONITORING 0.00 149.85
00049 ALLIED ADMINISTRATORS 10/07/2024 Regular 0.00 2,059.47 58619 INV0012104 Invoice 11/01/2024 DELTA DENTAL - NOV 0.00 2,059.47 01603 Amazon Capital Services, Inc. 10/07/2024 Regular 0.00 890.52 58620 13XX-K97M-4T7Q Invoice 08/31/2024 vehicle buffer 0.00 323.60 17XK-FG9F-TRKC Invoice 08/19/2024 cart wheels 0.00 303.96 1FC4-PDWH-7QY9 Invoice 08/20/2024 flags 0.00 262.96
00104 AYERA TECHNOLOGIES INC. 10/07/2024 Regular 0.00 99.00 58621 606264 Invoice 10/01/2024 Ayera Blanket PO 0.00 99.00
00210 California Building Standards Commission 10/07/2024 Regular 0.00 238.50 58622 INV0012103 Invoice 10/01/2024 Green Building Fees 3rd QTR 2024 0.00 238.50 01998 California Canning Peach Association 10/07/2024 Regular 0.00 8,201.68 58623 INV0012102 Invoice 09/30/2024 Check sent to us in error 0.00 8,201.68 01260 CARLA JAUREGUI 10/07/2024 Regular 0.00 66.25 58624 INV0012100 Invoice 09/27/2024 Lunch for Manangement Analyst Panel (in… 0.00 66.25 00237 CARR, GEORGE 10/07/2024 Regular 0.00 412.22 58625 INV0012101 Invoice 10/02/2024 League of Cities Conference 0.00 412.22 00878 CASH 10/07/2024 Regular 0.00 172.71 58626
INV0012113 Invoice 09/01/2024 Petty cash 9/1/24 - 9/27/24 0.00 172.71 01925 City of Foster City 10/07/2024 Regular 0.00 2,328.00 58627 16266 Invoice 10/02/2024 Four Job Postings 0.00 2,328.00 01570 CSG Consultants 10/07/2024 Regular 0.00 5,098.50 58628 58140 Invoice 09/16/2024 Professional Services July 1st - July 26th 0.00 5,098.50 00406 Department of Conservation 10/07/2024 Regular 0.00 883.67 58629 INV0012148 Invoice 10/04/2024 SMIP fees collected - 3RD QTR 2024 0.00 883.67 01969 Dominique Romo 10/07/2024 Regular 0.00 82.40 58630 INV0012114 Invoice 10/03/2024 Lunch for Interview Panel Customer Servic… 0.00 82.40 00475 FGL ENVIRONMENTAL 10/07/2024 Regular 0.00 698.00 58631 452678A Invoice 09/23/2024 WW FGL lab blanket 0.00 134.00 453512A Invoice 09/30/2024 WW FGL lab blanket 0.00 134.00 453513A Invoice 09/30/2024 WW FGL lab blanket 0.00 204.00 453827A Invoice 09/30/2024 DW FGL blanket 0.00 92.00
453895A Invoice 09/30/2024 WW FGL lab blanket 0.00 134.00 00527 GIBBS MAINTENANCE CO 10/07/2024 Regular 0.00 700.00 58632 15614 Invoice 09/30/2024 JANITOR SERVICES - Sept 0.00 700.00 00528 GILTON SOLID WASTE MANAGE 10/07/2024 Regular 0.00 1,895.07 58633 HUGHSS-098 Invoice 10/02/2024 STREET SWEEPING - SEPT 0.00 1,895.07 00546 GRANITE TELECOMMUNICATION 10/07/2024 Regular 0.00 1,489.68 58634 660383826 Invoice 10/02/2024 PHONES 0.00 1,489.68
00914 Harbans Singh ET AL 10/07/2024 Regular 0.00 163.00 58635 1010424 Invoice 09/26/2024 highway diesel 0.00 163.00
00614 HUGHSON FARM SUPPLY 10/07/2024 Regular 0.00 1,347.45 58636 14 Check Report Date Range: 09/19/2024 - 10/10/2024
10/10/2024 10:55:04 AM Page 5 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount H503697 Invoice 09/03/2024 PW hughson farm blanket 0.00 56.07 H503726 Invoice 09/03/2024 PW hughson farm blanket 0.00 40.98 H503742 Invoice 09/03/2024 PW hughson farm blanket 0.00 45.21 H503745 Invoice 09/03/2024 PW hughson farm blanket 0.00 14.02 H503815 Invoice 09/04/2024 Hughson farm DW/WW Blanket 0.00 57.33 H503828 Invoice 09/04/2024 PW hughson farm blanket 0.00 96.54 H504054 Invoice 09/06/2024 PW hughson farm blanket 0.00 423.03 H504659 Invoice 09/13/2024 Hughson farm DW/WW Blanket 0.00 63.63 H504682 Invoice 09/13/2024 Hughson farm DW/WW Blanket 0.00 23.47 H505075 Invoice 09/18/2024 Hughson farm DW/WW Blanket 0.00 14.42 H505081 Invoice 09/18/2024 PW hughson farm blanket 0.00 24.23 H505710 Invoice 09/25/2024 PW hughson farm blanket 0.00 85.21 H505857 Invoice 09/26/2024 Hughson farm DW/WW Blanket 0.00 47.44 H505891 Invoice 09/27/2024 Hughson farm DW/WW Blanket 0.00 23.72 H505920 Invoice 09/27/2024 PW hughson farm blanket 0.00 38.81 H506069 Invoice 09/30/2024 Hughson farm DW/WW Blanket 0.00 140.20 H506082 Invoice 09/30/2024 Hughson farm DW/WW Blanket 0.00 69.02 H506097 Invoice 09/30/2024 Hughson farm DW/WW Blanket 0.00 42.06 H506112 Invoice 09/30/2024 Hughson farm DW/WW Blanket 0.00 42.06 00627 HUGHSON NAPA AUTO & TRUCK 10/07/2024 Regular 0.00 597.19 58637 391495 Invoice 09/05/2024 Napa Blanket (utilities) 0.00 5.29 391701 Invoice 09/09/2024 Napa parts blanket PO 0.00 221.73 391914 Invoice 09/11/2024 Napa Blanket (utilities) 0.00 21.38 392091 Invoice 09/13/2024 Napa fleet blanket 0.00 162.66 392268 Invoice 09/17/2024 Napa fleet blanket 0.00 41.07 392706 Invoice 09/23/2024 Napa fleet blanket 0.00 17.79 393059 Invoice 09/27/2024 Napa Blanket (utilities) 0.00 107.86 393165 Invoice 09/30/2024 Napa parts blanket PO 0.00 19.41 01583 Hunt & Sons, Inc. 10/07/2024 Regular 0.00 23.72 58638 1012583 Invoice 10/01/2024 unleaded fuel blanket 0.00 23.72 01583 Hunt & Sons, Inc. 10/07/2024 Regular 0.00 -23.72 58638 00682 KAISER FOUNDATION HEALTH 10/07/2024 Regular 0.00 4,339.40 58639 691534659832 Invoice 11/01/2024 MEDICAL SERVICES- Nov 0.00 4,339.40 01930 Leeroy Garcia 10/07/2024 Regular 0.00 200.95 58640 INV0012105 Invoice 10/02/2024 Reimbursement for Work Boots 0.00 200.95 00755 MCR ENGINEERING, INC 10/07/2024 Regular 0.00 9,215.00 58641 19954 Invoice 07/31/2024 Services through 6/30/24 0.00 9,215.00 01884 PACIFIC STORAGE COMPANY 10/07/2024 Regular 0.00 69.66 58642 2221202 Invoice 09/30/2024 RECORDS STORAGE 0.00 69.66
00879 PG & E 10/07/2024 Regular 0.00 167.47 58643
INV0012099 Invoice 10/02/2024 UTILITIES 0.00 167.47
01885 RecruitGigs 10/07/2024 Regular 0.00 1,980.00 58644 70279 Invoice 09/27/2024 Extra Help - PW 0.00 1,980.00
01599 SMILE BUSINESS PRODUCTS, INC 10/07/2024 Regular 0.00 111.49 58645 1226993 Invoice 09/23/2024 COPIES 0.00 111.49
01960 Stanislaus County Fire Prevention 10/07/2024 Regular 0.00 562.69 58646 FIR2023-0176 Invoice 10/03/2024 Invoice FIR2023-0176 to Stan Co Fire 0.00 562.69 01090 SUTTER HEALTH PLUS 10/07/2024 Regular 0.00 16,861.78 58647 3354544 Invoice 10/01/2024 MEDICAL INSURANCE- OCT 0.00 16,861.78 01144 TROPHY WORKS 10/07/2024 Regular 0.00 27.76 58648
917773 Invoice 09/17/2024 Trunk or Treat 0.00 27.76
15 Check Report Date Range: 09/19/2024 - 10/10/2024
10/10/2024 10:55:04 AM Page 6 of 7
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 01264 VERIZON WIRELESS 10/07/2024 Regular 0.00 380.10 58649 9974695298 Invoice 10/04/2024 MIFI DEVICES/ CAMERAS 0.00 152.04 9974695299 Invoice 10/04/2024 MIFI DEVICES/ CAMERAS 0.00 228.06 01192 VISION SERVICE PLAN 10/07/2024 Regular 0.00 434.29 58650 821311076 Invoice 10/01/2024 MEDICAL INSURANCE WITHHELD- OCT 0.00 434.29 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Payable Bank Summary
Bank Drafts
EFT's
88 0
1 0
0 0.00
0.00 0.00
0.00 0.00
89 0.00
Payment
591,649.75
0.00 -23.72
0.00 0.00
591,626.03
Payable
Count
149
0 0
0 0
149
16 Check Report Date Range: 09/19/2024 - 10/10/2024
10/10/2024 10:55:04 AM Page 7 of 7
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
88 0
1 0
0 0.00
0.00 0.00
0.00 0.00
89 0.00
591,649.75
0.00 -23.72
0.00 0.00
591,626.03
149
0 0
0 0
149
Fund Name Period Amount
Fund Summary
999 POOLED CASH/CONSOLIDATED CASH 9/2024 529,662.16
999 POOLED CASH/CONSOLIDATED CASH 10/2024 61,963.87
591,626.03
17 10/10/2024 10:56:59 AM Page 1 of 1
Refund Check Register
Hughson Refund Check Detail
UBPKT03817 - Refunds 01 UBPKT03815 Regular
Account Name Date Check # Amount Code Receipt Amount Type 12-3140-001 HOLMES, BRYAN 10/9/2024 58651 37.83 37.83 Generated From Billing 14-0460-002 Mageean, Gina 10/9/2024 58652 112.82 112.82 Generated From Billing 14-3330-001 MADRIGAL, CARLOS 10/9/2024 58653 9.02 9.02 Deposit 15-1090-003 Duke, Chris & Sierra 10/9/2024 58654 57.41 57.41 Deposit 15-3540-001 MOLLOY, DAVID & TERRI 10/9/2024 58655 10.15 10.15 Generated From Billing 16-1990-001 IRWIN, RODNEY 10/9/2024 58656 122.80 122.80 Deposit 16-2370-001 WOODRUFF, MARYANNE & DAVID 10/9/2024 58657 45.63 45.63 Generated From Billing 18-3030-000 Homes, KB 10/9/2024 58658 110.46 110.46 Deposit 18-3110-000 Homes, KB 10/9/2024 58659 110.46 110.46 Deposit 18-3800-000 Homes, KB 10/9/2024 58660 116.02 116.02 Deposit Total Refunds: 10 Total Refunded Amount: 732.60
Revenue Code Summary
Revenue Code Amount
996 - UNAPPLIED CREDITS 732.60
Revenue Total: 732.60
General Ledger Distribution
Account Number Account Name Posting Amount IFT
Posting Date: 10/03/2024
Fund: 510 - WATER/SEWER DEPOSIT
510-10001 CLAIM ON CASH-WATER/SEWER DEPOSIT -732.60 Yes 510-11040 CUSTOMER CREDITS 732.60
510 Total: 0.00
Fund: 999 - POOLED CASH/CONSOLIDATED CASH
999-10010 CASH IN BANK-MONEY MARKET -732.60
999-20000 DUE TO OTHER FUNDS (POOLED CASH) 732.60 Yes
999 Total: 0.00
Distribution Total: 0.00
18 Meeting Date: October 14, 2024
Subject: Authorizing the Purchase of One Lazer X 801KA Platform 60" Mower with Mulch Kit in the Amount Not to Exceed of $17,583.00.
Enclosures: Bids
Presented By: Jose Vasquez, Public Works Superintendent Approved By:
______________________________
City Manager
______________________________________________________________________ Staff Recommendation:
Authorize the purchase of one Lazer X 801KA Platform 60" Mower with a mulch kit, from Westurf, in an amount not-to-exceed $17,583.00.
Background and Discussion:
The City’s Public Works Department currently maintains 3 mowersin the fleet, one of which is aging and is currently in need of repairs, leading to operational downtime and increased maintenance costs. With expanding park maintenance areas and an increased focus on sustainability through mulching, the department has identified the need for a new mower that will support these efforts.
Staff solicited bids for a new 60” mower with a mulch kit to improve efficiency and meet the growing demand for groundskeeping. The following bids were received:
Westurf Nursery: $17,583.00
Westurf Nursery: $18,046.03
Sharpening Shop: $21,239.44
The bid from Westurf, at $17,583 for the Lazer Z X series 34.5HP mower with a mulch kit, was selected due to the mower's upgraded suspension and enhanced performance features, which will maximize operational efficiency. The benefits of this mower, including its advanced features and durability, make it the most appropriate choice for the City’s needs.
Fiscal Impact:
Funds for this purchase were included in the 2024/2025 Final Budget adopted on September 23, 2024.
CITY COUNCIL AGENDA ITEM 3.3
SECTION 3: CONSENT CALENDAR
19 20
21 22
Meeting Date: October 14, 2024
Subject: Adopt Resolution No. 2024-36, Authorizing the City Manager to Execute a Contract with McAuley Ford for the Purchase of One 2024 Ford F250 Super Cab, 4x2, Gas, 8ft Scelzi Utility Body with Tommy Gate 1600# Capacity Liftgate, in an Amount Not-to-Exceed $69,123.04
Enclosure: Bids
Presented By: Jose Vasquez, Public Works Superintendent Approved By: _____________________________
City Manager
_________________________________________________________________________ Staff Recommendation:
Adopt Resolution No. 2024-36, authorizing the City Manager to execute a contract with McAuley Ford for the purchase of one 2024 Ford F250 Super Cab, 4x2, Gas, 8ft Scelzi Utility Body with Tommy Gate 1600# capacity liftgate in an amount not-to-exceed $69,123.04, inclusive of any final edits by the City Attorney.
Background and Discussion:
The City currently has 11 vehicles in the fleet, not counting specialty equipment, ranging in age from 2008 to 2022, some of which have become increasingly unreliable, leading to frequent repairs and operational downtime. Additionally, due to an increase in staff, the demand for reliable transportation has grown, further highlighting the need for an updated vehicle to support the expanded workforce. To maintain efficient operations and meet the increased workload, staff have solicited bids for a new vehicle that fulfills the City’s operational requirements.
The requested 2024 Ford F250 Regular Cab, equipped with a Scelzi Utility Body and Tommy Gate liftgate, was chosen for its compatibility with the City’s utility operations and its ability to support a larger team. The vehicle will facilitate a range of public works tasks, while the liftgate will assist with the safe loading and unloading of heavy items.
Bids were solicited from multiple dealerships, and the results are as follows:
CITY COUNCIL AGENDA ITEM 3.4
SECTION 3: CONSENT CALENDAR
23 McAuley Ford $69,123.04
Big Valley Ford $70,620.26
Ford Pro $71,162.66
Salinas Valley Ford $76,862.00
McAuley Ford submitted the lowest bid, meeting all required specifications, and has been selected for the purchase.
Fiscal Impact:
Funds for this project were approved in the 2024/2025 Final Budget. If approved, City staff will adjust the Fiscal Year 2024-2025 budget to reflect the $69,123.04 expenditure. Of which $$45,000 will be from fund 240 (Water) and $24,123.04 will be from fund 210 (Sewer).
24 25
26 27
28 29
30 31
32 CITY OF HUGHSON
CITY COUNCIL
RESOLUTION NO. 2024-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MCAULEY FORD FOR THE PURCHASE OF ONE 2024 FORD F250 SUPER CAB, 4X2, GAS, 8FT SCELZI UTILITY BODY WITH TOMMY GATE 1600# CAPACITY LIFTGATE IN AN AMOUNT NOT-TO-EXCEED $69,123.04
WHEREAS, the City of Hughson currently operates a fleet of 11 vehicles, ranging in age from 2008 to 2022, some of which have become increasingly unreliable, resulting in frequent repairs and operational downtime; and
WHEREAS, the demand for reliable transportation has increased due to the expansion of City staff and operational needs; and
WHEREAS, to support public works and utility operations, the City requires a new vehicle to facilitate safe and efficient loading, unloading, and transportation of equipment and materials; and WHEREAS, bids were solicited from multiple dealerships, with McAuley Ford submitting the lowest bid at $69,123.04, meeting all required specifications; and WHEREAS, funds for the purchase have been allocated in the City’s Fiscal Year 2024-2025 Budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby authorize the City Manager to execute a contract with McAuley Ford for the purchase of one 2024 Ford F250 Super Cab, 4x2, Gas, 8ft Scelzi Utility Body with Tommy Gate 1600# capacity liftgate in an amount not-to-exceed $69,123.04, inclusive of any final edits by the City Attorney.
PASSED AND ADOPTED, by the City Council of the City of Hughson at its regular meeting held on this 14th day of October 2024, by the following roll call vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_____________________
GEORGE CARR, Mayor
>
33 ATTEST:
_______________________
ASHTON GOSE, City Clerk
34 Meeting Date: October 14, 2024
Subject: Adoption of Resolution No. 2024-37, Authorizing the Submittal of a Grant Application to the San Joaquin Valley Air Pollution Control District for the Purchase of New Alternative Fuel Vehicles, and if Awarded, Authorize the City Manager to Accept the Grant and Sign all Necessary Documents Related to the Purchase of the Vehicles Enclosure: SJVAPD New Alternative Vehicle On-Road Eligible Vehicle List Presented By: Ashton Gose, City Clerk
Approved By: __________________________
City Manager
Staff Recommendation:
Adopt Resolution No. 2024-37, authorizing the submittal of a grant application to the San Joaquin Valley Air Pollution Control District for the purchase of new alternative fuel vehicles, and if awarded, authorize the City Manager to accept the grant and sign all necessary documents related to the purchase of the vehicles.
Background and Overview:
The San Joaquin Valley Air Pollution Control District (SJVAPCD) implements a Public Benefit Grants Program that allows up to $20,000 per vehicle and a total of $100,000 per government agency for the purchase of new alternative fuel vehicles. City staff have been informed by SJVAPCD staff that program funds are not available at this time, but when funds become available, they are awarded quickly.
City staff are requesting to apply for (when program funds become available) and if approved, purchase three electric GEM vehicles, and a new code enforcement vehicle. Staff have reviewed the fleet needs for the city and have determined that the current code enforcement vehicle (2004, Ford Expedition), should be replaced.
Currently, the city owns three GEM electric vehicles, all which were purchased through this grant in 2019, and staff use these vehicles primarily during community events. The battery life on these vehicles starts to deteriorate at about 4-5 years.
CITY COUNCIL AGENDA ITEM NO. 3.5
SECTION 3: CONSENT CALENDAR
35 Staff will request and receive quotes from Cabral Western Motors, Inc., the closest dealer of GEM Polaris Electric vehicles located in Manteca, and where we have purchased our GEM vehicles in the past. A list of SJVAPD approved new alternative fuel vehicles is attached.
Staff will request several quotes for an approved Toyota or Ford replacement code enforcement vehicle and move forward with the most economical option. All purchase costs would be partially covered by the SJVAPCD grant.
Fiscal Impact:
If approved, and when program funds become available, staff will apply for $80,000 to be paid for by the San Joaquin Air Pollution Control Vehicle Public Benefit Grants Program. The remaining funds would be split between the General Fund, Sewer Fund, and Water Fund.
If applicable, funds will be appropriated in the Fiscal Year 2024-2025 Mid-Year Budget and presented to the City Council at the time of the Mid-Year Budget approval. 36 Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase
On-Road Eligible Vehicle List
On-road vehicles must be certified to SULEV emissions or better to be eligible. Motorized vehicles operated on public roads must be emissions-certified by the California Air Resources Board.
Other electric vehicle types such as transport/utility carts, motorcycles, scooters, electric bicycles, etc. not listed on this document may be eligible for funding. Contact Public Benefit staff at (559) 230-5800 or [email protected] to inquire about specific vehicles not listed.
Battery Electric Vehicle
Make Model Model Year Vehicle Type
Audi Q8 E-Tron Quattro
SQ8 E-Tron Q4 50 E-Tron Quattro 2024 SUV
Audi E-Tron 55 Quattro
Q4 E-Tron Quattro E-Tron S 2023 SUV
Audi E-Tron GT
RS E-Tron GT Q4 E-Tron (2023 Only) 2023-2024 Passenger Car Audi Q4 55 E-Tron Quattro Q4 40 E-Tron 2024 Passenger Car Blue Arc BA600 BA700 BA800 2023 Medium-duty
BMW
I4 XDrive40 Gran Coupe
I4 EDrive Gran Coupe
I5 EDrive 40 Sedan
I5 M60 XDrive Sedan
I7 EDrive50 Sedan
I7 M70 XDrive Sedan
2024 Passenger Car
BMW I4 EDrive40 Gran Coupe
I4 M50 Gran Coupe
I4 EDrive35 Gran Coupe
I7 XDrive60 Sedan 2023-2024 Passenger Car
BMW IX Drive40
IX XDrive50 IX M60 2023-2024 SUV
Brightdrop Zevo 400
Zevo 600 Brightdrop AWD 2024 Medium-duty
Bugatti Rimac Nevera 2023-2024 Passenger Car
Cadillac Lyriq 2023-2024 SUV
Chevrolet Blazer EV Equinox EV 2024 SUV
Chevrolet Silverado EV 2024 Truck
Chevrolet Bolt EV/EUV 2023 Passenger Car
Electric Last Mile
Solutions Cargo Van 2023 Cargo Van
Faraday & Future Inc FF91 2023 SUV
Fisker Ocean 2023-2024 Passenger Car
Ford Mustang Mach-E 2023 Passenger Car
Ford T350 Cutaway, Chassis Cab, and Cargo Van (E-Transit) 2023 Medium-duty Ford F150 Pickup Lightning 2023 Truck
Genesis GV 60 Electrified GV70 2023-2024 Passenger Car
Genesis Electrified G80 2023 Passenger Car
GMC Hummer EV 2023-2024 Truck/SUV
Hyundai GV60 Standard/Advanced/Performance 2024 Passenger Car Hyundai Electrified G80 Ioniq 5 Robo Taxi 2024 Passenger Car Hyundai Ioniq 5
Ioniq 6 Kona Electric 2023-2024 Passenger Car
Jaguar I-Pace EV400 2023-2024 SUV
Karsan Otomotiv E-Jest 2023-2024 Mini-Bus
37 Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase
On-Road Eligible Vehicle List
Kia EV6
EV 9 (2024 only) Niro Electric 2023-2024 Passenger Car
Lexus RZ 450E AWD RZ 300E (2024 only) 2023-2024 Passenger Car Lightning Systems FT3-120 FT-86 2023 Medium-Duty
Lordstown Motors Endurance 2023 Truck
Lucid Air Sapphire (2024 only) Air Pure 2023-2024 Passenger Car Lucid Grand Touring
Air Grand Touring Air Dream 2023 Passenger Car
Mazda MX-30 2023 Passenger Car
Mercedes-Benz EQS 680 4Matic 2024 SUV
Mercedes-Benz
AMG EQS 4Matic+
AMG EQE 4Matic+
EQE 350+
EQE 350 4Matic
EQS 450+
EQS 450 4Matic
EQE 500 4Matic
EQS 580 4Matic
2023-2024 Passenger Car
Mercedes-Benz EQB 250+ EQB 300 4Matic
EQB 350 4Matic 2023 Passenger Car
Mercedes-Benz EQS 450+ 2023 SUV
Mini Cooper SE Hardtop 2 Door 2023-2024 Passenger Car
Nissan Ariya Leaf 2023-2024 Passenger Car
Pininfarina Battista 2023-2024 Passenger Car
Polestar Polestar 2 2023-2024 Passenger Car
Porsche Taycan 2023-2024 Passenger Car
Rivian EDV 500/700 R1T R1S 2023-2024 Medium-duty
Rivian RCV-Delivery 500/700 2024 Cargo Van
Rolls Royce Black Badge Spectre Spectre 2024 Passenger Car Subaru Solterra 2023-2024 SUV
Tesla Cybertruck Cybertruck Beast 2024 Truck
Tesla Model 3
Model S
Model X
Model Y 2023 Passenger Car
Toyota BZ4X 2023-2024 SUV
Vinfast VF8 VF9 2023-2024 SUV
Volkswagen ID.4
ID.4 Pro
ID.4 S
ID.4 Pro S 2023-2024 Passenger Car
Volvo XC40 C40 2022-2024 Passenger Car
Plug-in Hybrid Electric Vehicles
Make Model Model Year Vehicle Type
Audi Q5 Plug-In Hybrid Quattro 2024 SUV
Audi Q5 55 TFSI E 2023 SUV
BMW 530E Sedan 530 E XDrive Sedan 2023 Passenger Car
BMW X3 XDrive30E
X5 XDrive45E (2023 only)
330E Sedan
330E XDrive Sedan 2023-2024 SUV
BMW X5 XDrive50E 750E XDrive Sedan 2024 SUV
BMW XM XM Label (2024 only) 2023-2024 SUV
Chrysler Pacifica Hybrid 2023-2024 Passenger Car
Ford Escape PHEV 2023-2024 SUV
Hyundai Santa Fe Plug-In 2023 SUV
Hyundai Tucson Plug-In 2024 SUV
38 Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase
On-Road Eligible Vehicle List
Jeep Grand Cherokee 4XE Wrangler 4XE (2024 only) 2023-2024 SUV Kia Niro Plug-In Sorrento Plug-In 2023-2024 Passenger Car Kia Sportage Plug-In Hybrid 2023-2024 SUV
Lexus TX 550H+ RX 450H+ 2024 SUV
Lexus NX 450H+ 2023-2024 SUV
Lincoln Aviator AWD PHEV 2023 SUV
Lincoln Corsair AWD PHEV 2024 SUV
Mazda CX-70 CX-90 2024 SUV
Mercedes-Benz GLE 450 E 2024 SUV
Mercedes Benz S 580 E 4Matic 2023-2024 Passenger Car
Mitsubishi Outlander PHEV 2023-2024 SUV
Subaru Crosstrek Plug-In 2023 SUV
Toyota Prius Prime 2023-2024 Passenger Car
Toyota RAV4 Prime 2023-2024 SUV
Volvo S60 T8
S90 T8
V60 T8 2023-2024 Passenger Car
Volvo XC60 T8 XC90 T8 2023-2024 SUV
Neighborhood Electric Vehicles
Make Model Model Year Vehicle Type
Ayro Vanish 2024 NEV
Bintelli A
Beacon
Beyond
Nexus 2023 NEV
Canoo Lifestyle Delivery Vehicle 2023 NEV
Centro Metro 2023 NEV
Club Car Villager 2 LSV
Villager 2+2 LSV 411 Current 2023 NEV
Club Car Carryall 510 LSV
Carryall 710 LSV
Cru Lounge
Urban LSV 2023-2024 NEV
Columbia/Tomberlin
E-Merge E2-LE
E-Merge E2-SE
E-Merge E2-SS
E-Merge E4-LE
E-Merge E4-SS
Journeyman
Eagle P5-CC
Eagle P5-MS
Evolve (2023 only)
Engage (2024 only)
2023-2024 NEV
Columbia MV1-LN
MV1-SN
SU5-LN
SU5-SN 2023 NEV
Columbia Custom Platform
(Long and Short)
Utilitruck
(Long and Short) 2024 NEV
Cruise Car Emoke 2024 NEV
Epic
E20
E40
E40FL
E40L
E60
E60L
2023-2024 NEV
Garia VIA 2 LSV
VIA 2+2 LSV
VIA 4 LSV
VIA 4+2 LSV 2024 NEV
GEM WAEV
e2
e4
e6
eL-XD
eM1400 LSV (2023 only) 2023-2024 NEV
39 Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase
On-Road Eligible Vehicle List
HDK Plastic Factory
Carrier 6
Carrier 8
Classic 2
Classic 4
D3
Forester 4
Forester 6
Turfman 200
Turfman 800
Turfman 1000
2023-2024 NEV
Icon
C20S
C20U
C20UL
C20V
C30-AMB
C30L-AMB
C40
C40FS
C40FSL
C40L
C60
C60FS
C60L
C70W
C80
I20
I20L
I20S-HD
I20U-HD
I20UL-HD
I20UV-HD
I20UVL-HD
I40
I40FL
I40FS-HD
I40L
I60
I60-HD
I60FS-HD
I60L
2023-2024 NEV
Kandi Kandi Kruiser 2023-2024 NEV
Pickman Classic Passenger 2023 NEV
Polaris
GEM e2
GEM e4
GEM e6
GEM eL-XD
GEM eM1400 LSV 2022 NEV
Star EV
Capella-2+2
Capella-2
Capella-4+2
Capella-4
Capella-48-4+2
Capella-6+2
Capella-6
Capella-Lifted-2+2
Capella-Lifted-4+2
48-2H
48-4H
Sport-2+2
Sport-4+2
Siriua-2+2
Sirius-2
Sirius-4+2
Sirius-4 (2024)
Sirius-Lifted-2+2
Sirius Lifted-4+2
Classic-48-2+2
Classic-48-2
Classic-48-4+2
Classic-48-4
Classic-48-6+2
Classic-48-6
2024 NEV
Textron Specialized
Vehicles
Cushman Tour
Hauler LSV Liberty LSV 2024 NEV
Tropos Motors Able NXT1 Able NXT2 2023 NEV
Westward Industries MAX-6
MAX-8
MAX-15
MAX-20 2023 NEV
Vantage
LI4XC
LI4XP
LI4XS
LI2XC
LI2XP
LI2XS
LIV9DC
LIV9DP
LIV9DR
LIV9DX
2023-2024 NEV
Hybrid Electric Vehicles - Law Enforcement Only
Make Model Model Year Vehicle Type
Ford Interceptor Utility HEV 2023 SUV
40 Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase
On-Road Eligible Vehicle List
Hydrogen Fuel Cell – Hydrogen fueling infrastructure may not be available in certain areas Make Model Model Year Vehicle Type
Hyundai Nexo Nexo Blue 2023-2024 Passenger Car
Toyota Mirai 2023 Passenger Car
Certified Clean Compressed Natural Gas* (CNG) Vehicles and Fuel Conversions Make Model Model Year Vehicle Type
None at this time
41 CITY OF HUGHSON
CITY COUNCIL
RESOLUTION NO. 2024-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON AUTHORIZING THE SUBMITTAL
OF A GRANT APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
FOR PURCHASE OF NEW ALTERNATIVE FUEL VEHICLES THROUGH THE PUBLIC BENEFIT GRANT
PROGRAM, AND IF AWARDED, AUTHORIZE THE CITY MANAGER TO ACCEPT THE GRANT AND
SIGN ALL NECESSARY DOCUMENTS RELATED TO THE PURCHASE OF THE VEHICLES WHEREAS, grant funding has been made available by the San Joaquin Valley Air Pollution Control District for purchase of new alternative fuel vehicles through the Public Benefit Grant Program; and
WHEREAS, the City of Hughson wishes to replace aging vehicles in its fleet; and WHEREAS, a requirement of the grant application is a resolution from the applicant’s governing body;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby authorize the submittal of a grant application to the San Joaquin Valley Air Pollution Control District for purchase of new alternative fuel vehicles through the Public Benefit Grant Program and further authorizes the City Manager to accept the grant, implement the New Vehicle Project and sign all necessary documents related thereto.
It is hereby certified that the foregoing Resolution No. 2024-37, was duly introduced and adopted by the City Council of the City of Hughson at its regular meeting held on this 14th day of October by the following roll call votes:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:
_______________________
ASHTON GOSE, City Clerk
42 Meeting Date: October 14, 2024
Subject: Adoption of Resolution No. 2024-38, Authorizing the City Manager to Enter into an Agreement with Symbium to provide cloud-based software services to meet the requirements of Senate Bill (SB) 379, which Mandates Streamlined Solar Energy System Permitting.
Enclosure: Agreement
Presented By: Carla C. Jauregui, Community Development Director Approved By:
_____________________________
City Manager
______________________________________________________________________ Recommendation:
Adopt Resolution No. 2024-38, Authorizing the City Manager to enter into an agreement with Symbium to provide cloud-based software services to meet the requirements of Senate Bill (SB) 379, which mandates streamlined solar energy system permitting.
Background:
Senate Bill 379, signed into law in 2022, mandates that all California cities and counties implement a streamlined, web-based permitting process for residential solar energy systems. The goal of the bill is to simplify and accelerate the permitting process, encouraging the adoption of renewable energy technologies and reducing administrative delays for homeowners and contractors installing solar systems.
Key Requirements:
• Automated Online Permitting: Cities must provide an online, automated system that allows homeowners and contractors to submit applications for residential solar projects and receive instant approvals if the systems meet building code requirements.
• System Compatibility: The online platform must integrate with local government databases and building code systems to ensure the solar energy systems comply with safety and building regulations.
CITY COUNCIL AGENDA ITEM 3.6
SECTION 3: CONSENT CALENDAR
43 • Fast-Track Approval: The platform must automatically approve simple solar projects that meet all local and state requirements, reducing the time to issue permits.
Purpose and Benefits:
SB 379 seeks to remove administrative barriers for solar energy projects, helping California meet its clean energy goals by making it easier and faster for residentsto installsolar power systems. It also reduces the workload for city staff by automating the approval process.
Local governments that do not comply with SB 379 may face penalties and could miss out on certain state funding opportunities.
Discussion:
The City of Hughson has evaluated various options to meet SB 379’s requirements and identified Symbium, a company specializing in software-as-a-service (SaaS)solutions, asthe most effective option for the City’s needs. Symbium offers a cloud-based, public-facing platform that automates compliance checks and simplifies the submission process for solar energy permits. Symbium also has experience working with California Automated Permit Processing Program (CalAPP) grant funding.
Key features of the service include:
• Automated SB 379 Compliance: The Symbium platform conducts automated checks to ensure compliance with state-mandated building and safety regulations for solar energy systems.
• Public-Facing Dashboard: A web-based tool for residents and contractors to apply for solar permits, reducing staff workload.
• Integration with City Systems: The Symbium software integrates seamlessly with the City’s existing permit tracking systems, ensuring smooth data transfer and operational efficiency.
• User-Friendly Interface: The platform is easy to use, providing guidance for applicants and enabling faster permit approval.
Summary of the Agreement:
Under the terms of the agreement, Symbium will provide the following services:
1. Symbium’s Citizen’s Dashboard for SB 379 Compliance:
• Provides web-based, automated compliance checks for solar energy systems as required by SB 379.
• A service fee of $25 per permit or revision document will be charged to applicants at the point of sale.
44 2. Symbium Express Permits (Optional):
• Automated compliance checks for additional permits requested by the City. • A $25 service fee per permit or revision document will be charged to applicants.
3. System Integration:
• Symbium will integrate their platform with the City’s existing permit tracking system (PTS), ensuring real-time data updates and operational consistency. This integration will be funded by the CalAPP grant.
4. Ongoing Support and Maintenance:
• Quarterly updates and technical support are included at no additional cost to the City.
Fiscal Impact:
The total cost for integration of the Symbium system with the City’s existing infrastructure is $30,000. This expense will be fully covered by CalAPP grant funds. The City will not incur any additional costs for ongoing support or updates. Symbium’s service fees will be passed on to applicants as part of the permit application process. 45 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 1 of 10
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SYMBIUM MASTER LICENSING AGREEMENT
This Master Licensing Agreement (the “Agreement”) is by and between Symbium Corp., with business offices located at 912 Cole St., #375 San Francisco, CA 94117, (“Symbium”), and the City of Hughson, with business offices located at 7018 Pine Street, PO Box 9, Hughson, CA 95326 (the “Licensee”). This Agreement shall be effective on the last signature date provided on the signature block hereto (“Effective Date”). Each of Symbium and Licensee is a “Party” and together they are the “Parties”.
WHEREAS, Symbium has developed and maintains a range of cloud-based software-as-a-service (“SaaS”) solutions to streamline certain planning, zoning, building, permitting, or other government-facing and constituent-facing processes.
Symbium provides Services under the trade names identified in an applicable Order and as described on Symbium’s Site.
WHEREAS, Symbium agrees to provide Services to Licensee pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
In addition to the capitalized terms defined throughout this Agreement, the following terms when used herein shall have the respective meanings assigned to them below:
1.1. “Affiliate”, with respect to either Party, shall mean any entity, including and without limitation, any individual, corporation, company, partnership, limited liability company, or group, that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. Any references to Licensee herein shall also include reference to Licensee Affiliates.
1.2. “API” shall mean application programming interface, which shall enable Symbium to either read from and/or write into a third-party application.
1.3. “End-User” shall mean any individual who is authorized to use the Services.
1.4. “Licensee Data” shall mean any data, excluding Symbium Data, that is collected, used, maintained, processed, stored, or generated exclusively by or on behalf of Licensee.
1.5. “Licensee Services” shall mean Licensee’s open data services, GIS services, and APIs with which the Solutions communicate in order to correctly perform the intended functionality.
1.6. “Order” shall mean either: (i) any specific sales quotations or orders as agreed to in writing and signed by the Parties from time to time; or (ii) as set forth in the applicable Symbium payment summary screen. Each Order is hereby incorporated by reference into this Agreement as Exhibit “A” and shall be numbered sequentially as Exhibit A-1; A-2; A3 and so on. If there are any inconsistencies or conflicts between this Agreement and an Order, the inconsistent or conflicting terms of the Order shall govern.
1.7. “Professional Services” shall mean any live support, consulting, training, or development services or other services as specifically described and priced in the applicable Order.
1.8. “Service Description” shall mean any description of Symbium’s Services that are advertised on Symbium’s Site or in the applicable Order, Symbium’s knowledge base, applicable operator and user manuals or guides, designs, technical reference manuals, flow diagrams, file descriptions, Service descriptions found on the Symbium site, and any other written materials pertaining to the use of the Solutions.
1.9. “Services” shall mean the Solutions and the Site, which are provided to Licensee by Symbium pursuant to the terms of this Agreement.
1.10. “Site” shall mean the Symbium website, located at www.symbium.com. 46 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 2 of 10
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1.11. “Solutions” shall mean the cloud-based SaaS web applications, which are identified in the applicable Order, along with all associated updates.
1.12. “Solution Updates” shall mean any Solution-specific version updates that are deployed to ensure the functionality of the Solutions in accordance with the Services Descriptions. Solution Updates shall exclude additional or new Solutions, even if such additional or new Solutions contain similar functionality as other Solutions.
1.13. “Support” shall mean the email support services provided by Symbium to Licensee during the Term.
1.14. “Symbium Data” shall mean any electronic data and publicly accessible or available data and shall include all computable laws and regulations that are embedded in the Solutions but shall exclude Licensee Data.
1.15. “Symbium Integrations” shall mean any additional SaaS solutions that Symbium develops and deploys, which may be integrated into or linked from the Solutions.
1.16. “Third-Party Services” shall mean any third-party products or services, including but not limited to, software or materials incorporated into or provided as part of the Solutions or software that Symbium integrates into via an available API.
1.17. “Transaction Services” shall mean the public-facing permitting and incentives Services offered by Symbium.
2. SERVICES
2.1. Orders. Symbium shall provide the Services in accordance with the applicable Order.
2.2. Changes. No change to the Order shall be implemented unless it has been approved in writing signed by an authorized representative of each Party (each, a “Change Order Amendment”). Upon Licensee’s and Symbium’s execution of the Change Order Amendment, the Change Order Amendment shall be incorporated into and become part of the applicable Order.
3. LICENSE
3.1. License Grant. Subject to the terms and conditions of this Agreement, Symbium hereby grants Licensee a nonexclusive, nontransferable, worldwide license (“License”) during the Term to access and use the Solutions. Symbium reserves all rights not expressly granted to Licensee. The License granted to Licensee pursuant to this Agreement will permit use of the Solutions that are set forth in the Order. Any Licensee Affiliate may also add additional Services under this Agreement via a new Order. LICENSEE SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY LICENSEE AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
3.2. Usage Restrictions. Except as permitted by this Agreement, the Solutions may not be decompiled, reverse engineered, disassembled, transferred, distributed in an unauthorized manner, resold, sublicensed, or used to create any derivative works. Licensees may not use any software (including network monitoring or discovery software) to determine the Site’s or Service’s architecture, or extract information about usage or individual identities of users. Licensee may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any parts thereof. Except as expressly permitted in this Agreement, Licensee may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) "frame" or "mirror" any Solutions on any other server or wireless or Internet-based device. Licensee may use the Solutions only for its intended purposes and shall not: (i) send spam or otherwise excessive, duplicative, or unsolicited messages; (ii) send, store, or transmit any infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks; or (vi) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit.
3.3. Third-Party Services. In the event that Symbium agrees to certain integrations to Third-Party Services, Licensee shall secure the necessary permissions, when applicable, for Symbium to perform its mutually agreed-upon tasks.
Symbium is not responsible for any modification, loss, usage, disclosure, transmission, or deletion of any Licensee Data resulting from its access to a Third-Party Service or any outputs generated by the Solutions for uploading into Third-Party 47 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 3 of 10
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Services. Licensee shall be responsible for all third-party costs resulting from its requested integrations with any ThirdParty Service. In the event that Licensee wishes to use a Symbium-developed API, Symbium cannot warrant or guarantee that a Third-Party Service will continue to make access available to Symbium via such API.
4. PROFESSIONAL SERVICES
4.1. Professional Services. As mutually agreed by the Parties, and in conjunction with the Services, Symbium may perform certain Professional Services, which may include certain implementation, training, or other expert services.
Such Professional Services shall be provided for a separate fee, which will be specified in an applicable Order in accordance with the terms and conditions of this Agreement. Such Professional Services shall be provided in a manner that is consistent with applicable industry standards, and if such standards are not met (with a reasonable opportunity to cure following written notice from Licensee), Licensee’s sole remedy shall be the re-performance of such Professional Services.
5. SUPPORT
5.1. Support. Symbium will provide Support during the Term of this Agreement as set forth in the Order. Any Support requests should be directed to the following: [email protected].
6. LICENSEE OBLIGATIONS FOR CONFIGURED OR IMPLEMENTED SERVICES Where Symbium is configuring or implementing Services for Licensee, the following shall apply:
6.1. Designation of Licensee Project Manager. Licensee shall designate a project manager who shall be accessible by email throughout the Term of the Agreement and shall provide reasonably prompt responses to Symbium’s requests and communications.
6.2. Testing Period and Feedback. Licensee will be provided with an opportunity to provide feedback and request functional changes to the Solutions prior to public launch. Symbium shall also perform any requested bug fixes during this period and on an ongoing basis.
6.3. Hosting Link to Solutions. Upon the public launch of any public-facing Solutions that are configured or implemented for Licensee, Licensee shall place a prominent link and dedicated landing page to such Solutions on its public-facing website at the location where End-Users would normally visit for information on related services. This link and landing page shall be maintained by Licensee during the Term of the Agreement with support from Symbium.
6.4. Notification of Changes. Where Solutions are configured using laws or regulations provided by Licensee, Licensee shall cooperate with Symbium to help identify the publicly accessible online publications of those regulations and Symbium shall then establish a protocol to ensure timely notifications of changes to the regulations underlying the applicable Solutions and the data provided by the applicable Third-Party Services. In the absence of publicly accessible regulations that are published online, Licensee shall notify Symbium in writing (email is sufficient) of such changes.
7. PROPRIETARY RIGHTS
7.1. Symbium Properties. The Services and any underlying platform technology (“Symbium IP”) are owned or licensed by Symbium and protected by U.S. and international copyright, trademark, service mark, trade secret, patent and/or other proprietary rights and laws. All Solutions shall be hosted on Symbium’s designated servers at all times and Symbium will retain control over all user experience or user interface design of Solutions. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to Licensee any license or right under copyright or other intellectual property right law. No part of the Symbium IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. Licensee shall not take any action that shall interfere with or diminish Symbium’s right in any of the Symbium IP. Symbium shall retain ownership and title of any Solutions that it creates, even if created on a custom basis for Licensee.
7.2. Licensee Data and Symbium Data. As between Symbium and Licensee, Licensee shall, at all times, own or obtain the appropriate permissions to use the Licensee Data and shall be responsible for the accuracy and adequacy of any and all Licensee Data as well as establishing any required legal terms and conditions prior to the use of any Licensee 48 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 4 of 10
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Data. Licensee shall obtain all prior consents, internally or from relevant third parties, prior to uploading and using any Licensee Data to the Solutions. Licensee grants to Symbium a non-exclusive, royalty-free, worldwide license during the Term to access and use the Licensee Data for the purpose of delivering the Services, which may include the aggregation of such data in an anonymized manner for benchmarking and other purposes. Symbium’s right to use Symbium Data shall be governed by its own policies, including its Privacy Policy, available at https://symbium.com/privacy (“Privacy Policy”).
7.3. Symbium Integrations. Nothing shall prevent Symbium from developing and deploying Symbium Integrations, which Symbium may do at any time in its sole discretion. Symbium Integrations shall not diminish or degrade the functionality of the Solutions in the applicable Order at any time.
7.4. License to Use Feedback. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into the Services any feedback, suggestions, requests, or recommendations relating to the Services.
7.5. Usage Data. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into its own support offering, product development, operational plans, and sales or marketing materials, any anonymous usage data acquired from Licensee’s account and use of the Solutions.
7.6. References to Licensee / Press Release. Upon execution of this Agreement, Symbium may make references to Licensee and Licensee’s URL and may use Licensee’s designated trademark and logo for the limited purpose of publishing it on Symbium’s current list of Licensees located on the Symbium Site. Symbium may also respond to any inquiry regarding whether Licensee is a licensee and user of the Services. Additionally, upon execution of this Agreement, each Party may issue a press release announcing the Parties’ relationship under this Agreement.
8. FEES AND PAYMENTS
8.1. Fees. Symbium shall charge either Licensee or End-Users, as applicable, for the Services provided by Symbium hereunder as specified in the applicable Order.
8.2. Payment Methods. Symbium accepts payments for its Services from Licensee via check or electronic funds transfer and will cooperate, in good faith, to accommodate Licensee’s preference in either case. Payments for Transaction Services by End-Users shall be made by credit card.
8.3. Payment Terms. All pricing and payments are and shall be in U.S. dollars.
8.3.1. With respect to fees charged to Licensee, Licensee shall pay each invoice as stated in the Order or, if no due date is stated, within 30 days of receipt unless it has a bona fide dispute with respect to payment of such invoice or portion thereof. If there is a bona fide dispute regarding any invoice rendered or amount paid, the disputing Party shall notify the other by written notice thereof, and the Parties shall use their best efforts to resolve such dispute expeditiously. If an aggrieved Party notifies the other in writing of a disputed invoice or payment, and there is a good faith basis for such dispute, the time for paying the portion of the invoice in dispute shall be extended by a period of time equal to the time between receipt of such notice and the resolution of such dispute. Undisputed portions of any invoice shall be paid as stated above.
8.3.2. Symbium’s fees to End-Users for Transaction Services shall be inclusive of Symbium’s Service fees (E.g., a per-permit fee), as stated in the applicable Order, in addition to all fees that would otherwise be payable directly to Licensee by End-User (E.g., government fees).
8.4. Payment Processing Fees. Fees charged to End-Users for Symbium’s Transaction Services are nonrefundable. As between Symbium and Licensee, Symbium shall assume any credit card fees charged by Symbium’s thirdparty payment processors for Transaction Services that are processed on Symbium. As applicable, Symbium may pass through to End-Users any credit card processing fees charged by either of Symbium’s or Licensee’s payment processor (I.e., in cases where the Licensee charges $100 + $5 credit card processing fee for a total of $105, Symbium may pass through the $5 additional Licensee processing fee directly to the End-User.).
8.5. Taxes. Licensee shall be financially responsible for all sales or services taxes that are assessed on the provision of the Services to Licensee, excluding any withholding or export taxes or taxes based upon Symbium’s income.
To the extent Symbium is required to collect such taxes under applicable Law, Symbium, to the extent legally or otherwise required, shall separately state the amount of tax due on its invoices to Licensee. Licensee and Symbium shall cooperate to segregate the fees into: (i) those for taxable Services and (ii) those for nontaxable Services. The Parties shall reasonably cooperate with each other to more accurately determine each Party’s tax liability and to minimize such liability, to the 49 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 5 of 10
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extent legally permissible. In addition, Symbium shall provide and make available to Licensee any information regarding the computation of any such taxes as reasonably requested by Licensee. Symbium shall not pay any taxes based on the Services that Licensee and Symbium disagree on as to whether a tax is due without affording Licensee a reasonable amount of time after being called upon by the taxing authority to pay such tax to dispute the payment of such tax, at Licensee’s expense, in the appropriate legal forum.
9. CONFIDENTIALITY
9.1. Confidentiality. Except as set forth in Sections 9.2 and 9.3, as applicable, Each Party agrees to maintain the confidentiality of the other Party’s Confidential Information as defined herein. “Confidential Information” means all information concerning a Party’s business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include Licensee Data, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party’s Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party’s officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party’s Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Symbium from disseminating aggregated information that contains no Confidential Information of Licensee.
9.2. Public Agency Exceptions and CPRA. This Section 9.2 shall apply to any Licensee that is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”) or substantially similar requirements (the “Public Agency Exceptions”). Notwithstanding any other obligations set forth in Section 9, Licensee is not obligated to act in any way that is contrary to any requirements under the CPRA or Public Agency Exceptions. Symbium shall identify information that is protected under the CPRA or Public Agency Exceptions and shall clearly mark such information as “CONFIDENTIAL AND PROPRIETARY”, including identification of the specific lines containing such confidential and proprietary information subject to nondisclosure. In the event of a request for such information, Licensee will provide written notice to Symbium prior to such disclosure. For information that Symbium wishes to protect from public disclosure, Symbium must obtain a protective order, injunctive relief or other appropriate remedy from a court of law in either San Francisco County or the Licensee’s County before the Licensee is required to respond to the CPRA request. If Symbium fails to obtain such remedy within the time the Licensee is required to respond to the CPRA or Public Agency Exceptions request, Licensee may disclose the requested information.
9.3. Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.
9.4. Limitation. Notwithstanding the provisions of this Section, Symbium may disclose Licensee’s Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Symbium shall comply with any applicable protective order or equivalent and, unless prohibited by law, Symbium will employ commercially reasonable efforts to provide Licensee with prior written notice, so that Licensee has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Licensee for that purpose. 50 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 6 of 10
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10. REPRESENTATIONS AND WARRANTIES
10.1. Power and Authorization. Each Party hereby represents, warrants, and covenants to the other Party that (i) it is duly organized, validly existing and in good standing under the Laws of the state of its domicile and is in good standing in each other jurisdiction in which such qualification is required by Law; (ii) it has power and authority to transact the business it transacts and proposes to transact and to execute and deliver this Agreement and to perform the obligations under this Agreement, and (iii) its entry into this Agreement does not violate or constitute a breach of any agreement to which it is a Party or otherwise bound.
10.2. Compliance with Law. Each Party hereby represents, warrants, and covenants to the other Party that in performing its obligations and exercising its rights under this Agreement, it will comply (and shall require all of its personnel providing Services hereunder to comply) with all applicable Laws.
10.3. By Licensee. Licensee hereby represents, warrants, and covenants to Symbium that: (i) it has obtained all the appropriate consents required by law to ensure that Licensee and Symbium have the right to use the Licensee Data in association with the Services and, if applicable, as described in Symbium’s Privacy Policy; and (ii) it will not use the Service to collect, upload, retrieve, transmit, send, and/or store any sensitive personally identifiable information in violation of any applicable laws. Symbium reserves the right to delete any Licensee Data that is in violation of any terms in this Agreement or of any applicable laws.
10.4. Disclaimer of Additional Warranties. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, SYMBIUM
EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYMBIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT FUTURE PRODUCT FEATURES OR FUNCTIONALITY.
11. INDEMNITIES
11.1. General Indemnities. Each Party (“Indemnifying Party”) shall defend, indemnify and hold the other Party (“Indemnified Party”) and its Affiliates and their respective officers, directors, employees, agents, contractors, successors, and assigns harmless from and against any and all damages, losses, fines, penalties, costs, and other amounts (including reasonable attorney’s fees and expenses) (collectively, “Losses”) arising from or in connection with any actual judicial causes of actions by third parties (each a “Claim”) to the extent such Claim is based on or arises from or relates to (i) any breach or default of any provision of this Agreement by the Indemnifying Party; or (ii) negligent or intentional acts or omissions caused by the Indemnifying Party or its Affiliates and their respective officers, directors, employees, agents, contractors, successors and assigns. Further, Licensee shall defend, indemnify, and hold Symbium harmless from any Losses arising from or in connection with any Claims to the extent that such Claim is based on or arises from or relates to Licensee’s misappropriation or misuse of any Licensee Data or any of Licensee’s obligations to third parties relating to such Licensee Data. Notwithstanding any Symbium obligations to indemnify Licensee in this Agreement, any indemnification by Symbium shall be limited to the actual amount covered by Symbium’s insurance for that particular Claim.
11.2. Indemnification Procedure. Each Indemnified Party shall provide the Indemnifying Party with prompt written Notice of any Claim for which the Indemnified Party is seeking or may seek indemnification hereunder (provided that the failure of the Indemnified Party to promptly notify the indemnifying Party hereunder shall not relieve the Indemnifying Party of any liability with respect to the Claim, except to the extent the Indemnifying Party demonstrates that the defense of the Claim is prejudiced by such failure). The Indemnified Party shall provide reasonable cooperation (at the Indemnifying Party’s expense) and retain full authority to defend or settle the Claim. The Indemnifying Party shall keep the Indemnified Party fully informed concerning the status of any litigation, negotiations or settlements of any such Claim. The Indemnified Party shall be entitled, at its own expense, to participate in any such litigation, negotiations and settlements with counsel of its own choosing. The Indemnifying Party shall not have the right to settle any Claim if such settlement arises from or is part of any criminal action or proceeding, or contains a stipulation to, or an admission or acknowledgement of, any wrongdoing (whether in tort or otherwise) on the part of the Indemnified Party without the prior written consent of such Indemnified Party.
12. LIMITATION OF LIABILITY
12.1. THE LIABILITY OF SYMBIUM AND LICENSEE TO EACH OTHER FOR ANY AND ALL
CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT,
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OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE AVERAGE MONTHLY FEES CONVERTED TO AN ANNUALIZED BASIS. LICENSEE ACKNOWLEDGES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 12.1
IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL
LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF SYMBIUM WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. SYMBIUM HAS RELIED ON
THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE LICENSEE WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PURSUANT TO THIS AGREEMENT.
12.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FROM
LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. NOTWITHSTANDING THE FOREGOING, SECTION 12.1 AND SECTION 12.2 WILL NOT APPLY TO: (I) CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR CRIMINAL ACTS OR OMISSIONS; (II) BREACH OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY; (III) ANY THIRD PARTY CLAIMS SUBJECT TO THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT; OR (IV) THE BREACH BY EITHER PARTY OF THEIR REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 10.
13. COOPERATION
13.1. Cooperation. Each Party shall inform the other Party of any legal claims, demands or complaints brought:
(i) by a third party relating to the Services or products provided by Symbium to Licensee under this Agreement; or (ii) to any regulatory body relating to this Agreement or anything acquired hereunder. The Parties shall cooperate with each other with respect to the resolution of such complaints. For the avoidance of doubt, the Party against whom the complaint was made shall control the response to any regulatory body, if any, with respect to any such complaint.
14. TERM AND TERMINATION
14.1. Term. The initial term of this Agreement shall be as set forth in the applicable Order (“Initial Term”) and shall thereafter be renewed by the Parties for recurring one (1) year periods (“Subsequent Term”) unless either Party provides the other Party with at least thirty (30) days prior written notice of termination or intention not to renew prior to the commencement of the next annual period. The Initial Term and Subsequent Term may collectively be referred to as the “Term”.
14.2. Termination for Breach. Either Party may terminate this Agreement upon written notice to the other Party if such other Party commits a material breach of this Agreement and does not cure such breach within fifteen (15) days following its receipt of notice thereof from the terminating Party. No refunds shall be issued to Licensee in the event of termination under this Section 14.2 by Symbium for an uncured material breach by Licensee. Symbium shall issue a prorated refund of prepaid but unused fees to Licensee in the event that Licensee terminates this Agreement under this Section 14.2 for an uncured material breach by Symbium. “Material breaches” include: (i) failure by Symbium to deliver the Services as agreed under this Agreement; (ii) any breach of Section 7 (Proprietary Information); (iii) any failure by Licensee to pay fees when due; (iii) or any breaches by either Party of Sections 3 (License), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnities), or 13 (Cooperation). Any termination of this Agreement will automatically terminate any incorporated Orders.
14.3. Suspension of Services. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Symbium’s Site or in connection with Symbium’s Services may result in immediate suspension of access to certain Solutions or termination of this Agreement with no refund and without limitation of any other available legal remedies. Symbium may suspend Licensee’s access to any Services until all overdue payments are paid in full.
Delinquent invoices are subject to interest of one percent (1.0%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Licensee will continue to be charged for the remainder of the term for any delinquent accounts. Licensee acknowledges and agrees that, unless otherwise required in this Agreement, Symbium has no obligation to retain any data on behalf of Licensee and that such data, if any, may be irretrievably deleted upon termination of this Agreement.
14.4. Remedies Not Limiting. The remedies provided in this Section 14 are in no way limiting of one another or of any other rights and remedies granted to either Party under this Agreement. Symbium may choose to, but is not 52 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 8 of 10
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required to, place Licensee’s account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.
15. MISCELLANEOUS
15.1. Notices. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either sent by trackable courier or email to the recipients listed in the Order. Notices by courier shall be effective upon proof of delivery by either Party. Email notices shall be effective upon confirmation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change in the same manner required in this Section 15.1.
15.2. Assignment; Binding Effect. Neither Party shall assign or transfer this Agreement nor delegate any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon written notice to Licensee, Symbium may assign this Agreement to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets.
Any assignment, transfer or delegation of rights or obligations hereunder in contravention of this Section shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the Parties to this Agreement and their respective successors and permitted assigns.
15.3. Dispute Resolution; Equitable Relief. The Parties agree that, in the event of a dispute or alleged breach, they shall first work together in good faith to resolve the matter internally through negotiations and, if necessary, by escalating it to higher levels of management. The foregoing shall not apply to, and shall not prevent a Party from seeking immediate relief in the event of, disputes involving the confidentiality or data protection provisions of this Agreement or infringement of intellectual property rights (in which case either Party shall be free to seek available remedies in a court of competent jurisdiction in accordance with the Governing Law Section of this Agreement).
15.4. Entire Agreement; Amendment. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous representations, discussion, negotiations, letters, proposals agreements and understandings between the Parties hereto with respect to the subject matter hereof, whether written or oral. This Agreement may be amended, modified or supplemented only in a writing duly executed by an authorized representative of each of Licensee and Symbium.
15.5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. For any disputes that are not resolved by way of good faith negotiations and settlement, the Parties hereby consent to the exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of San Francisco, County of San Francisco, California.
15.6. Headings. The section headings in this Agreement are for reference and convenience only and do not explain, modify, interpret, or expand the provisions of this Agreement.
15.7. Independent Contractors. In making and performing under this Agreement, the Parties are acting and shall act as independent contractors and not that of master and servant or partnership. Neither Party is, nor will be deemed to be, an agent, legal representative, joint venture, or partner of the other Party for any purpose. Neither Party shall have any authority to act for or to bind the other Party in any respect, nor shall either Party hold itself out as having such authority.
Each Party agrees to assume complete responsibility for its own employees with regard to federal or state employer’s liability, worker’s compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements, and other laws.
15.8. Severability. If any of the provisions of this Agreement are declared to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the other provisions hereof shall remain in full force and effect.
15.9. Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the Party against whom it is asserted. Any consent by any Party to, or waiver of, a breach of the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any continuing, different, or subsequent breach of this Agreement by such Party.
15.10. Survival. The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement, shall survive, including, but not limited to the following Sections: 7 (Proprietary Rights), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnities), and 12 (Limitation of Liability). 53 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 9 of 10
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15.11. Controlling Document. Notwithstanding any inconsistent or additional terms and conditions which may be contained in a purchase order, invoice, voucher or other similar document issued by either Party, such document shall be for issuing Party’s internal purposes only and the terms and conditions of this Agreement shall prevail. Therefore, even if such document is acknowledged or accepted by the receiving Party and regardless of any statement to the contrary which may be contained therein, the inconsistent or additional terms and conditions of such purchase order, invoice, voucher or other similar document shall have no force or effect on this Agreement.
15.12. Interpretation; Construction. Unless the context of this Agreement clearly requires otherwise, (i) references to the plural include the singular, the singular the plural, the part the whole, (ii) references to any gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “but not limited to,” and (v) references to “hereunder” or “herein” relate to this Agreement. The Parties agree that this Agreement is the result of careful negotiations between sophisticated Parties and thus any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.
15.13. Signature/Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and both of which, taken together, shall constitute one agreement binding on both Parties. A facsimile signature or electronic signature (or e-signature) shall have the force and effect of an original signature, and in the absence of an original signature, shall constitute the original signature.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THE AGREEMENT, UNDERSTAND IT AND AGREE
TO BE BOUND BY ITS TERMS, AND THE PERSON SIGNING ON BEHALF OF EACH HAS BEEN AUTHORIZED TO DO SO. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
SYMBIUM CORP. CITY OF HUGHSON
By: By:
Name: Name:
Title: Title:
Email: Email:
Date: Date:
54 SYMBIUM CONFIDENTIAL AND PROPRIETARY Page 10 of 10
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EXHIBIT A-1 – ORDER
This Order, once executed, is governed by the Symbium Master Licensing Agreement between Symbium Corp. (“Symbium”) and City of Hughson (“Licensee”) (the “Agreement”). All fees set forth herein are due pursuant to the terms of the Agreement. All capitalized terms used but not defined herein will have the meaning assigned to them in the Agreement. This Order shall control in the event of any conflict between this Order and the Agreement.
Prepared For:
City of Hughson
Order No.:
HUGHSON-001
Make Payment to:
Symbium Corp.
City of Hughson
Carla Jauregui, Community Development Director
7018 Pine Street, PO BOX 9
Hughson, CA 95326
[email protected]
Initial Term:
2 years
Symbium Corp.
912 Cole St., #375
San Francisco, CA 94117
[email protected] Payment Frequency:
N/A
SaaS Solution / Service Description Billing
Symbium’s Citizen’s Dashboard for
SB379 Compliance
● Web-based public-facing automated compliance checks
for solar energy systems as required by SB379
● $25 Symbium service fee per permit or revision
document, charged to applicants at point of sale.
$0
Symbium Express Permits ● Web-based public-facing automated compliance checks for additional permits, as requested by Licensee.
● $25 Symbium service fee per permit or revision
document, charged to applicants at point of sale.
$0
Included Integrations Read-write integrations into existing permit tracking system (PTS), given available APIs.
$30,000
(CalAPP funds)
Ongoing Support and Maintenance Quarterly updates $0
Total $30,000
Additional Terms and Conditions:
1. Unless noted otherwise, the pricing above includes initial implementation and training to ensure proper use and shall be invoiced upon execution of the Agreement.
2. Symbium shall be the exclusive provider of the Services for Licensee during the Term.
3. Any additional Solutions or Services requested by Licensee that exceed the scope of this Order shall be subject to a separate signed Order between the Parties. No CalAPP grant fees shall be due to Symbium in the event that Licensee is unable to procure such grant funds.
4. Support is available by email: [email protected].
ACCEPTED AND AGREED BY:
Symbium Corp. City of Hughson
BY: DATE: BY: DATE:
NAME: Leila Banijamali NAME:
TITLE: CEO TITLE:
EMAIL: [email protected] EMAIL:
55 CITY OF HUGHSON
CITY COUNCIL
RESOLUTION NO. 2024-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGHSON AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH SYMBIUM TO PROVIDE CLOUD-BASED SOFTWARE SERVICES TO MEET THE REQUIREMENTS OF SENATE BILL (SB) 379, INCLUSIVE OF ANY
FINAL EDITS OF THE CITY ATTORNEY
WHEREAS, Senate Bill 379, signed into law in 2022, mandates that all California cities and counties implement a streamlined, web-based permitting process for residential solar energy systems.; and
WHEREAS, Local governments that do not comply with SB 379 may face penalties and could miss out on certain state funding opportunities; and
WHEREAS, the City of Hughson has evaluated various options to meet SB 379’s requirements and identified Symbium, a company specializing in software-as-a-service (SaaS) solutions, as the most effective option for the City’s needs; and
WHEREAS, Symbium offers a cloud-based, public-facing platform that automates compliance checks and simplifies the submission process for solar energy permits. Symbium also has experience working with CalAPP grant funding; and
WHEREAS, The total cost for system integration is $30,000, to be funded through the CalAPP program. Ongoing maintenance and support are provided at no additional cost to the City; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hughson does hereby authorize the City Manager to enter into an agreement with Symbium to provide cloud-based software services to meet the requirements of Senate Bill 379, inclusive of any final edits by the City Attorney.
PASSED AND ADOPTED, by the City Council of the City of Hughson at its regular meeting held on this 14th day of October 2024, by the following roll call vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
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56 APPROVED:
_____________________
GEORGE CARR, Mayor
ATTEST:
_______________________
ASHTON GOSE, City Clerk
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